Bill Text: GA HB224 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Motor vehicle registration; off-road recreation vehicles; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB224 Detail]

Download: Georgia-2011-HB224-Comm_Sub.html

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11 LC 21 1130S

The House Committee on Motor Vehicles offers the following substitute to HB 224:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the registration of off-road recreation vehicles under certain circumstances; to provide that registration is required to operate an off-road recreation vehicle on property owned or managed by the state; to provide for exceptions; to provide for related matters; to provide for a civil penalty; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new article to read as follows:

"ARTICLE 8

40-2-200.

As used in this article, the term 'off-road recreation vehicle' means a motorized vehicle designed for travel over unimproved terrain operated primarily off of roadways on land or natural terrain. 'Off-road recreation vehicle' includes a motorized vehicle with two or more wheels, motorcycle, all-terrain vehicle, dune buggy, dirt bike, and go-cart but does not include a vehicle designed for operation primarily for travel on, over, or in water or for use in railroad services. The term shall not include any vehicle designed for operation primarily on roadways, nor shall the term include any vehicle owned or operated by a governmental entity or any vehicle used exclusively for agricultural or construction purposes.

40-2-201.

(a) A person shall not operate an off-road recreation vehicle on property owned by, managed by, or under the control of the state without registration of the vehicle with the department and display of an off-road recreation vehicle license plate issued by the department.

(b) Any person may apply to the department for an off-road recreation vehicle license plate by submitting an application prescribed by the department and a user fee in an amount to be determined by the commissioner but which shall not exceed $30.00. The off-road recreation vehicle license plate shall be valid for the life of the vehicle.

(c) The department shall prescribe by rule the design and placement of the license plate; provided, however, that the design of such license plate shall include the words 'Off Road Only.'

(d) The requirements of this Code section shall not apply to a person:

(1) Operating an off-road recreation vehicle which is registered in this state pursuant to any other Code section, provided that such license plate is properly displayed;

(2) Who is a nonresident of this state operating an off-road recreation vehicle which displays a valid off-road recreation vehicle user license plate from the person's state of residency and such vehicle is not present within this state for more than 30 days;

(3) Loading or unloading an off-road recreation vehicle from another vehicle;

(4) Participating in an off-road special event endorsed by a state or local governmental entity or a private entity where the participants or spectators of the private event are charged an entrance fee;

(5) Who is a public employee operating an off-road recreation vehicle in his or her official capacity; or

(6) Operating an off-road recreation vehicle during an emergency in an attempt to prevent serious injury or death of a person or as directed by a peace officer acting in his or her official capacity.

(e) The department is authorized to adopt rules and regulations for the implementation and enforcement of the provisions of this article.

40-2-202.

(a) Any person violating the provisions of this article shall be subject to a civil fine not to exceed $300.00; provided, however, for any owner or operator who is under 16 years of age, such fine shall be assessed against a parent or legal guardian of such person.

(b) A charge under this Code section shall be made on a uniform traffic citation. Any court having jurisdiction over traffic violations shall also have jurisdiction in matters involving civil charges made pursuant to this Code section. The Attorney General and prosecuting attorneys shall have the authority to prosecute the civil case.

40-2-203.

(a) Registration of an off-road recreation vehicle pursuant to this article shall not amount to authorization for the operation of the off-road recreation vehicle on any road or highway of this state, including paved shoulders, on any portion of The Dwight D. Eisenhower System of Interstate and Defense Highways, or on any lands included in the National Park Service or state park systems. Each off-road recreation vehicle shall be required to meet all state and federal equipment and safety requirements for operation of such vehicle on a roadway or highway. An off-road recreation vehicle license plate shall not amount to a certification that any such vehicle meets equipment or safety standards required by law, nor shall the issuance of an off-road recreation vehicle license plate be a defense to a violation of any safety or equipment standard.

(b) Nothing in this article shall be construed so as to require off-road recreation vehicle operators or owners, not otherwise required by law, to:

(1) Obtain motor vehicle insurance;

(2) Register the title of such vehicle; or

(3) Pay ad valorem or other registration taxes or fees other than the one-time registration fee required by Code Section 40-2-201."

SECTION 2.

This Act shall become effective on January 1, 2012, and shall apply to violations committed on or after such date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.