Bill Text: GA HB795 | 2011-2012 | Regular Session | Introduced

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Bill Title: All-terrain vehicles; make definitions consistent with industry standards

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2012-05-01 - Effective Date [HB795 Detail]

Download: Georgia-2011-HB795-Introduced.html

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12 LC 35 2425/AP

House Bill 795 (AS PASSED HOUSE AND SENATE)

By: Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th, and Johnson of the 37th

A BILL TO BE ENTITLED
AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to modify definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards and practices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (3) of Code Section 40-1-1, relating to definitions, as follows:

"(3) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure nonhighway tires and with a seat to be straddled by the operator and with handlebars for steering control which is 50 inches or less in width."

SECTION 2.

Said title is further amending in said Code section by revising paragraphs (8.1) through (8.2) as follows:

"(8.1) (8.01) 'Class I all-terrain vehicle' means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 1,000 1,200 pounds or less that travels on three or more low pressure nonhighway tires, has a saddle or seat for the operator, and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.

(8.2) (8.1) 'Class II all-terrain vehicle' means a motorized, off-highway recreational vehicle which is not a class I all-terrain vehicle and which is 65 inches or less in width with a dry weight of 2,000 pounds or less that travels on four or more nonhighway tires and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.

(8.2) 'Class II III all-terrain vehicle' means any motor vehicle that:

(A) Weighs more than a class I II all-terrain vehicle and less than 8,000 pounds;

(B) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; and

(C) Is actually being operated off a highway."

SECTION 3.

Said title is further amended in said Code section by adding a new paragraph to read as follows:

"(50.01) 'Recreational off-highway vehicle' means a motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 65 inches or less in width."

SECTION 4.

Said title is further amended by revising Code Section 40-7-3, relating to defining "off-road vehicle," as follows:

"40-7-3.

As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It The term includes, but is not limited to, four-wheel drive vehicles, or low-pressure tire vehicles, two-wheel vehicles, nonhighway tire vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such. The term shall exclude any motorboat; any military, fire, law enforcement, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes."

SECTION 5.

Said title is further amended by revising subsection (a) of Code Section 40-8-91.1, relating to marking and equipment of all-terrain vehicles used as law enforcement vehicles, as follows:

"(a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with at least a 500 cubic centimeter engine, four or more low pressure nonhighway tires, a seat to be straddled by the operator, and handlebars for steering control and which is 50 inches or less in width."

SECTION 6.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.

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