Bill Text: GA HB207 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Off-road vehicles; operating restrictions; change certain provisions

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2010-07-01 - Effective Date [HB207 Detail]

Download: Georgia-2009-HB207-Comm_Sub.html

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10 LC 25 5712S

The Senate Natural Resources and the Environment Committee offered the following substitute to HB 207:

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;

(C) For which ground water is the primary source of water; and

(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.