Georgia Law of Personal Transportation Vehicles (O.C.G.A. § 40-6-363)

Practice Area photoLegal Commentary. A “personal transportation vehicle” in Georgia is defined in Code Section 40-15-1(43.1) as "any motor vehicle:

  1. With a minimum of four wheels;
  2. Capable of a maximum level ground speed of less than 20 miles per hour;
  3. With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
  4. Capable of transporting not more than eight persons.

The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle.”

Further to the definition, this Georgia statute includes additional requirements for personal transportation vehicles. All personal transportation vehicles must have a sufficient braking system, including a parking brake, for the weight and amount of passengers in the vehicle; a reverse warning system, such as taillights which illuminate when the vehicle is in the reverse position; headlamps; reflex reflectors which are reflectors on the end of the vehicle, usually near taillights; tail lamps, a horn; a rearview mirror, safety warning labels similar to those seen on visors regarding child safety seats and airbag warnings; and hip restraints and hand holds. This Georgia law also requires a power switch in all personal transportation vehicles that will not permit the vehicle to be operational if the power switch is in the off position and if a key is part of the power switch operation, the key cannot be removed when the personal transportation vehicle is moving.

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Section 40-6-363 Requirements for personal transportation vehicles

(a) This part shall have no application to any county or municipality that has enacted prior to January 1, 2012, an ordinance authorizing the operation of motorized carts pursuant to Code Section 40-6-331.

(b) In addition to the requirements contained in paragraph (43.1) of Code Section 40-1-1, all personal transportation vehicles shall have the following equipment:

(1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake;

(2) A reverse warning device functional at all times when the directional control is in the reverse position;

(3) A main power switch. When the switch is in the "off" position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the "off" position;

(4) Head lamps;

(5) Reflex reflectors;

(6) Tail lamps;

(7) A horn;

(8) A rearview mirror;

(9) Safety warning labels; and

(10) Hip restraints and hand holds.

HISTORY: Code 1981, § 40-6-363, enacted by Ga. L. 2011, p. 247, § 2/SB 240.