09 LC
34 2165S
The
House Committee on Motor Vehicles offers the following substitute to HB
207:
A
BILL TO BE ENTITLED
AN ACT
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 repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
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
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 navigable or nonnavigable stream, except when directly crossing the
stream."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.