25 HB 308/AP House Bill 308 (AS PASSED HOUSE AND SENATE) By: Representatives Clifton of the 131 st , Wiedower of the 121 st , Rhodes of the 124 th , Corbett of the 174 th , Dickey of the 134 th , and others A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and 1 traffic, so as to provide for the operation of miniature on-road vehicles on certain highways;2 to provide for standards for registration of such vehicles; to provide for issuance of license3 plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles;4 to exempt such vehicles from certificate of title requirements; to provide for equipment and5 operating standards for such vehicles; to provide local authorities with the power to prohibit6 operation of such vehicles; to require posting of notice of such prohibition upon highways;7 to provide a sentencing court with authority to order the installation of a device which limits8 the speed of a motor vehicle as part of the punishment for conviction of the offense of9 reckless stunt driving; to provide for procedures and conditions upon issuance of such orders;10 to provide for notification to the Department of Revenue; to provide for a penalty; to revise11 and provide for definitions; to provide that fingerprints shall not be obtained for offenses12 relating to operation of a motor vehicle with unauthorized levels of window or windshield13 tinting or unlawful installation of such; to revise and provide for a definition; to provide for14 the issuance of a refusal to sign citation; to provide for a penalty; to amend Code Section15 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation and16 application for and issuance of license plates upon payment of taxes due, so as to provide for17 H. B. 308 - 1 - 25 HB 308/AP payment of ad valorem taxes upon miniature on-road vehicles; to provide for related matters; 18 to provide for an effective date; to repeal conflicting laws; and for other purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 SECTION 1.21 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is22 amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and23 adding a new paragraph to read as follows:24 "(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and 25 manufactured for use upon roadways in another country that has been imported into the26 United States with a valid certificate of title or registration from the exporting country27 and in compliance with all federal importation requirements and which has the following28 characteristics:29 (A) Has the capability to transport persons;30 (B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per31 hour (104.6 kilometers per hour);32 (C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of33 accessories or attachments;34 (D) Is designed to travel on four or more wheels;35 (E) Uses a steering wheel for steering control;36 (F) Contains a nonstraddle seat;37 (G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and38 (H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose39 off-highway vehicle.40 (27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully41 autonomous vehicle operating without a human driver achieves a reasonably safe state,42 H. B. 308 - 2 - 25 HB 308/AP such as bringing the vehicle to a complete stop, upon experiencing a failure of the 43 vehicle's automated driving system that renders the vehicle unable to perform the entire44 dynamic driving task."45 SECTION 2.46 Said title is further amended in Code Section 40-2-27, relating to registration of motor47 vehicles not manufactured to comply with federal emission and safety standards, certificate48 of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,49 and former military motor vehicles, by revising subsection (e) as follows:50 "(e) The provisions of subsection (a) of this Code section shall not apply to applications51 for certificates of registration for former military motor vehicles that are less than 25 years52 old and manufactured for the United States military, or multipurpose off-highway vehicles53 manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than54 25 years prior to application; provided, however, that the exception provided by this55 subsection shall be applicable to miniature on-road vehicles manufactured less than 2556 years prior to application that have been modified by an importer registered with the United57 States Department of Transportation to comply with applicable federal motor vehicle safety58 standards issued pursuant to 49 U.S.C. Section 30101, et seq., and certified by such59 importer as such."60 SECTION 3.61 Said title is further amended in Code Section 40-2-31, relating to license plate design,62 retention of manufacturing and delivery costs, revalidation, county, and "In God We Trust"63 decals, by revising subsection (b) as follows:64 "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not65 less than 12 inches in length, except that motorcycle license plates shall be at least four66 inches wide and not less than seven inches in length and license plates for low-speed67 H. B. 308 - 3 - 25 HB 308/AP vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size68 determined by the commissioner. All license plates shall show in boldface characters the69 month and year of expiration, the serial number, and either the full name or the70 abbreviation of the name of the state, shall designate the county from which the license71 plate was issued unless specifically stated otherwise in this chapter, and shall show such72 other distinctive markings as in the judgment of the commissioner may be deemed73 advisable, so as to indicate the class of weight of the vehicle for which the license plate was74 issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or75 multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also76 bear such figures, characters, letters, or combinations thereof as in the judgment of the77 commissioner will to the best advantage advertise, popularize, and otherwise promote78 Georgia as the 'Peach State.' Plates issued during the years 2026 through 2030 shall79 include the design approved pursuant to Code Section 40-2-31.1. Except for license plates80 issued pursuant to Article 2B of this chapter, any license plate issued pursuant to this81 chapter shall be of such strength and quality that the plate shall provide a minimum service82 period of at least five years. The commissioner shall adopt rules and regulations, pursuant83 to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for84 the design and issuance of new license plates and to implement the other provisions of this85 Code section."86 SECTION 4.87 Said title is further amended in said Code section, as in effect on January 1, 2032, by revising88 subsection (b) as follows:89 "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not90 less than 12 inches in length, except that motorcycle license plates shall be at least four91 inches wide and not less than seven inches in length and license plates for low-speed92 vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size93 H. B. 308 - 4 - 25 HB 308/AP determined by the commissioner. All license plates shall show in boldface characters the 94 month and year of expiration, the serial number, and either the full name or the95 abbreviation of the name of the state, shall designate the county from which the license96 plate was issued unless specifically stated otherwise in this chapter, and shall show such97 other distinctive markings as in the judgment of the commissioner may be deemed98 advisable, so as to indicate the class of weight of the vehicle for which the license plate was99 issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or100 multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also101 bear such figures, characters, letters, or combinations thereof as in the judgment of the102 commissioner will to the best advantage advertise, popularize, and otherwise promote103 Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this104 chapter, any license plate issued pursuant to this chapter shall be of such strength and105 quality that the plate shall provide a minimum service period of at least five years. The106 commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13107 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new108 license plates and to implement the other provisions of this Code section."109 SECTION 5.110 Said title is further amended in Code Section 40-2-33, relating to issuance of license plates111 and decals, transfer of registration to a digital license plate, compensation of tag agents, and112 required identification, by revising paragraph (2.1) of subsection (a) as follows:113 "(2.1) The commissioner may provide for the issuance of a temporary operating permit114 for any multipurpose off-highway miniature on-road vehicle, to be displayed until such115 time as a license plate of the design required by Code Section 40-2-31 has been issued116 to the registrant as a replacement for such temporary operating permit; provided,117 however, that any such temporary operating permit shall designate the multipurpose118 off-highway miniature on-road vehicle as such; and provided, further, that the119 H. B. 308 - 5 - 25 HB 308/AP commissioner shall make available for issuance multipurpose off-highway miniature120 on-road vehicle license plates of the design required by Code Section 40-2-31 not later121 than January 1, 2024 2026."122 SECTION 6.123 Said title is further amended in Code Section 40-2-151, relating to annual license fees for124 operation of vehicles, fee for permanent licensing of certain trailers, and fee for new125 passenger car with paid title ad valorem taxes, by revising paragraph (2) of subsection (a) as126 follows:127 "(2) For each motorcycle, miniature on-road vehicle, or multipurpose128 off-highway vehicle.............................................129 20.00" SECTION 7. 130 Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to131 assembled motor vehicle and motorcycle or converted motor vehicle, inspections,132 unconventional motor vehicle or motorcycle not to be titled or registered, and exception, by133 revising subsection (f) as follows:134 "(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;135 provided, however, that a multipurpose off-highway vehicle manufactured after January 136 1, 2000, the following unconventional motor vehicles shall be registered upon proper137 application and payment of the required fee:138 (1) A multipurpose off-highway vehicle manufactured after January 1, 2000;139 (2) A miniature on-road vehicle manufactured more than 25 years prior to application;140 and141 (3) A miniature on-road vehicle manufactured less than 25 years prior to application that142 has been modified by an importer registered with the United States Department of143 H. B. 308 - 6 - 25 HB 308/AP Transportation to comply with applicable federal motor vehicle safety standards issued144 pursuant to 49 U.S.C. Section 30101, et seq., and certified by such importer as such."145 SECTION 8.146 Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to147 low-speed or multipurpose off-highway vehicles, as follows:148 "Part 5149 40-6-359.150 Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:151 (1) Headlights;152 (2) Brake lights;153 (3) Taillights;154 (4) A rearview mirror; and155 (5) Safety belts.156 40-6-360.157 Every person operating a low-speed vehicle, miniature on-road vehicle, or multipurpose158 off-highway vehicle shall be granted all the rights and shall be subject to all the duties159 applicable to the driver of any other vehicle under this chapter except as to special160 regulations in this part and except as to those provisions of this chapter which by their161 nature can have no application.162 40-6-361.163 H. B. 308 - 7 - 25 HB 308/AP (a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway164 vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a165 manner as to deprive any such vehicles of the full use of a lane.166 (b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose167 off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle168 being overtaken.169 (c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or170 multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or171 rows of vehicles.172 (d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway173 vehicles shall not be operated two or more abreast in a single lane.174 40-6-362.175 (a) Low-speed vehicles shall be operated only on any highway where the posted speed176 limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not177 operate such vehicle on any highway where the posted speed limit exceeds 35 miles per178 hour.179 (b) Multipurpose off-highway vehicles shall be operated only on highways that are part180 of a county road system and shall be authorized to cross highways that are part of a181 municipal street system or are part of the state highway system.182 (c) Miniature on-road vehicles shall be operated only on highways that are part of a183 municipal street system or county road system, provided that such operation has not been184 prohibited through ordinance or resolution within a local jurisdiction, and shall be185 authorized to cross highways that are part of the state highway system."186 H. B. 308 - 8 - 25 HB 308/AP SECTION 9. 187 Said title is further amended in Code Section 40-6-371, relating to powers of local authorities188 generally, by revising paragraphs (18.1) through (20) of and adding a new paragraph to189 subsection (a) and by revising subsection (c) to read as follows:190 "(18.1) (19) Regulating the operation of electric personal assistive mobility devices,191 provided that such regulations are no less restrictive than those imposed by Part 2A of192 Article 13 of this chapter;193 (18.2)(20) Regulating the operation of personal transportation vehicles, provided that194 such regulations comply with Parts 3 and 6 of Article 13 of this chapter;195 (21) Prohibiting the operation of miniature on-road vehicles as authorized in Code196 Section 40-6-362;197 (19)(22) Adopting and enforcing such temporary or experimental regulations as may be198 necessary to cover emergencies or special conditions; or199 (20)(23) Adopting such other traffic regulations as are specifically authorized by this200 chapter."201 "(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),202 (12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code203 section shall be effective until official traffic-control devices giving notice of such local204 traffic regulations are erected upon or at the entrances to the highway or the part thereof205 affected as may be most appropriate."206 SECTION 10.207 Said title is further amended in Code Section 40-6-390.1, relating to reckless stunt driving,208 by adding a new subsection to read as follows:209 "(b.1)(1) As used in this subsection, the term 'intelligent speed assistance device' means210 a device designed to be installed within a motor vehicle to actively monitor and prevent211 the operator from exceeding a preset speed. Such term shall not include any technology212 H. B. 308 - 9 - 25 HB 308/AP provided by the motor vehicle manufacturer as a component of a motor vehicle that213 controls or affects the speed of a motor vehicle.214 (2) Upon conviction of a violation of this Code section and in addition to the punishment215 provided for in subsection (a) of this Code section, a court shall be authorized to order216 the installation of an intelligent speed assistance device upon the motor vehicle operated217 by the offender during such violation when the offender is the registered owner of such218 motor vehicle as shown in the records of the Department of Revenue. Such order shall219 set the maximum speed limit for an intelligent speed assistance device installed upon a220 motor vehicle at a speed limit of no greater than 20 percent above the posted speed limit. 221 An intelligent speed assistance device shall be installed within ten days of the issuance222 of such order and remain on the vehicle for a period of time ordered by the court which223 shall be no less than six months. The costs relating to the installation of an intelligent224 speed assistance device upon a motor vehicle and any monitoring thereof shall be borne225 by the offender. Any court which orders an intelligent speed assistance device to be226 placed upon a motor vehicle pursuant to this subsection shall provide the Department of227 Revenue with a copy of such order. The records of the Department of Revenue shall228 contain a record reflecting that the motor vehicle shall only be operated when equipped229 with a functioning intelligent speed assistance device. The operation of a motor vehicle230 without an intelligent speed assistance device for which an order for installation of an231 intelligent speed assistance device has been issued pursuant to this subsection by the232 offender issued such order shall be punished as for a misdemeanor."233 SECTION 11.234 Said title is further amended in Code Section 40-8-73.1, relating to tinting of windows or235 windshields of motor vehicles, by revising subsection (h) as follows:236 H. B. 308 - 10 - 25 HB 308/AP "(h) Any person who violates subsection (b) or (e) of this Code section shall be guilty of 237 a misdemeanor; provided, however, that no fingerprints shall be obtained for a violation 238 of this Code section."239 SECTION 12.240 Said title is further amended in Code Section 40-13-2.1, relating to signature on citations241 required, effect of failure to sign, exemption for out-of-state drivers, and electronic capture242 of signature, by revising subsection (a) as follows:243 "(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11,244 relating to display of driver's license in lieu of bail, shall may sign the citation to245 acknowledge receipt of the citation and of his or her obligation to appear for trial. The246 officer shall advise the person that signing the citation is not an admission of guilt and that247 failure to sign will result in the person having to post a cash bond appear for trial. If the248 person refuses to sign the citation, it shall constitute reasonable cause to believe that the249 person will not appear at trial and the officer shall write 'Refusal to Sign' on such citation250 and shall give the citation to such person. The officer may bring the person before a251 judicial officer or traffic violations bureau to post a bond as is otherwise provided by law."252 SECTION 13.253 Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for254 taxation and application for and issuance of license plates upon payment of taxes due, is255 amended by revising subsection (b) as follows:256 "(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby257 or special interest motor vehicle, as defined in Code Section 48-5-440, or a miniature258 on-road vehicle, as defined in Code Section 40-1-1, the owner or owners shall certify at the259 H. B. 308 - 11 - 25 HB 308/AP time of returning the antique or hobby or special interest motor such vehicle for taxation,260 paying the taxes due on the motor vehicle, and purchasing a license plate for the motor261 vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an262 antique or hobby or special interest motor vehicle or a miniature on-road vehicle as defined263 in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and264 a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation;265 provided, however, that taxes shall be due at the time of registration or at the time required266 by law for registration during the owner's registration period as provided in subsection (a)267 of this Code section."268 SECTION 14.269 (a) Except as otherwise provided for in subsection (b) of this section, this Act shall become270 effective on October 1, 2025.271 (b) Section 4 of this Act shall become effective on January 1, 2032.272 SECTION 15.273 All laws and parts of laws in conflict with this Act are repealed.274 H. 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