HB 207 - Off-road vehicles; operating restrictions; change certain provisions

Current Version

PDF Version

Committees

HC:MotV
SC:NR&E

Current Status

05/20/10 - House Date Signed by Governor

First Reader Summary

A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes.

Votes

Electronically Recorded Votes
Date	Time	Vote No	Yeas	Nays	NV	Exc	Description
03/05/2009	1:56PM	House Vote #150	149	014	006	011	PASS
04/21/2010	11:12AM	Senate Vote #759	045	001	004	006	PASSAGE BY SUBSTITUTE
04/27/2010	8:30PM	House Vote #944	149	004	017	010	Agree Sen Sub

Status History

Bill History
Date	Action
01/29/2009	House First Readers
01/30/2009	House Second Readers
02/24/2009	House Committee Favorably Reported
03/05/2009	House Third Readers
03/05/2009	House Passed/Adopted
03/09/2009	Senate Read and Referred
03/30/2009	Senate Committee Favorably Reported
03/30/2009	Senate Read Second Time
01/11/2010	Senate Recommitted
04/13/2010	Senate Committee Favorably Reported
04/21/2010	Senate Third Read
04/21/2010	Senate Passed/Adopted
04/27/2010	House Agree Senate Amend or Sub
05/03/2010	House Sent to Governor
05/20/2010	House Date Signed by Governor
05/20/2010	Act 365
07/01/2010	Effective Date

Footnotes

3/5/2009 Modified Structured Rule

Versions

10 HB 207/AP

House Bill 207 (AS PASSED HOUSE AND SENATE)

By: Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to redefine the term "off-road vehicle"; to change certain provisions relating to operating restrictions; to change certain provisions relating to enforcement of said chapter and penalties for violations; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide for jurisdiction in certain cases relating to operation of off-road vehicles; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
SECTION 1-1.

Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, is amended by revising Code Section 40-7-3, relating to a definition of "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 includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel 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 term shall exclude any motorboat; any military, fire, or law enforcement vehicle, 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 1-2.

Said chapter is further amended by revising Code Section 40-7-4, relating to operating restrictions, as follows:

"40-7-4.

Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:

(1) Without operative brakes or without mufflers or other silencing equipment;

(2) On any private property without the express written permission of the owner of the property or his or her agent; or

(3) Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term 'perennial stream' means a stream:

(A) That under normal circumstances has water flowing year round;

(B) That has the channel located below the ground-water table most of the year;

(D) For which runoff from rainfall is a supplemental source of water flow."

SECTION 1-3.

Said chapter is further amended by revising Code Section 40-7-6, relating to enforcement of said chapter and penalties for violations, as follows:

"40-7-6.

All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall not thereby be guilty of a misdemeanor and, upon conviction thereof, criminal act but shall be punished by a fine not to exceed subject to a civil penalty of not less than $25.00."

PART II
SECTION 2-1.

Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by adding a new Code section to read as follows:

"15-9-30.8.

In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Chapter 7 of Title 40 and to impose civil penalties for such violations as provided by Code Section 40-7-6."

PART III
SECTION 3-1.

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