HB 308: Motor vehicles; operation of miniature on-road vehicles on certain highways; provide

House Bill 308 (AS PASSED HOUSE AND SENATE)

By: Representatives Clifton of the 131st, Wiedower of the 121st, Rhodes of the 124th, Corbett of the 174th, Dickey of the 134th, and others

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 provide for the operation of miniature on-road vehicles on certain highways; to provide for standards for registration of such vehicles; to provide for issuance of license plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles; to exempt such vehicles from certificate of title requirements; to provide for equipment and operating standards for such vehicles; to provide local authorities with the power to prohibit operation of such vehicles; to require posting of notice of such prohibition upon highways; to provide a sentencing court with authority to order the installation of a device which limits the speed of a motor vehicle as part of the punishment for conviction of the offense of reckless stunt driving; to provide for procedures and conditions upon issuance of such orders; to provide for notification to the Department of Revenue; to provide for a penalty; to revise and provide for definitions; to provide that fingerprints shall not be obtained for offenses relating to operation of a motor vehicle with unauthorized levels of window or windshield tinting or unlawful installation of such; to revise and provide for a definition; to provide for the issuance of a refusal to sign citation; to provide for a penalty; to amend Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, so as to provide for payment of ad valorem taxes upon miniature on-road vehicles; to provide for related matters; to provide for 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 in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and adding a new paragraph to read as follows:

"(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and manufactured for use upon roadways in another country that has been imported into the United States with a valid certificate of title or registration from the exporting country and in compliance with all federal importation requirements and which has the following characteristics:

(A) Has the capability to transport persons;

(B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per hour (104.6 kilometers per hour);

(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of accessories or attachments;

(D) Is designed to travel on four or more wheels;

(E) Uses a steering wheel for steering control;

(F) Contains a nonstraddle seat;

(G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and

(H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose off-highway vehicle.

(27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task."

SECTION 2.

Said title is further amended in Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards, certificate of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle, and former military motor vehicles, by revising subsection (e) as follows: "(e) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for former military motor vehicles that are less than 25 years old and manufactured for the United States military, or multipurpose off-highway vehicles manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than 25 years prior to application; provided, however, that the exception provided by this subsection shall be applicable to miniature on-road vehicles manufactured less than 25 years prior to application that have been modified by an importer registered with the United States Department of Transportation to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C. Section 30101, et seq., and certified by such importer as such."

SECTION 3.

Said title is further amended in Code Section 40-2-31, relating to license plate design, retention of manufacturing and delivery costs, revalidation, county, and "In God We Trust" decals, by revising subsection (b) as follows:

"(b) License plates issued pursuant to this chapter shall be at least six inches wide and not less than 12 inches in length, except that motorcycle license plates shall be at least four inches wide and not less than seven inches in length and license plates for low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size determined by the commissioner. All license plates shall show in boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' Plates issued during the years 2026 through 2030 shall include the design approved pursuant to Code Section 40-2-31.1. Except for license plates issued pursuant to Article 2B of this chapter, any license plate issued pursuant to this chapter shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new license plates and to implement the other provisions of this Code section."

SECTION 4.

Said title is further amended in said Code section, as in effect on January 1, 2032, by revising subsection (b) as follows:

"(b) License plates issued pursuant to this chapter shall be at least six inches wide and not less than 12 inches in length, except that motorcycle license plates shall be at least four inches wide and not less than seven inches in length and license plates for low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size determined by the commissioner. All license plates shall show in boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this chapter, any license plate issued pursuant to this chapter shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new license plates and to implement the other provisions of this Code section."

SECTION 5.

Said title is further amended in Code Section 40-2-33, relating to issuance of license plates and decals, transfer of registration to a digital license plate, compensation of tag agents, and required identification, by revising paragraph (2.1) of subsection (a) as follows: "(2.1) The commissioner may provide for the issuance of a temporary operating permit for any multipurpose off-highway miniature on-road vehicle, to be displayed until such time as a license plate of the design required by Code Section 40-2-31 has been issued to the registrant as a replacement for such temporary operating permit; provided, however, that any such temporary operating permit shall designate the multipurpose off-highway miniature on-road vehicle as such; and provided, further, that the commissioner shall make available for issuance multipurpose off-highway miniature on-road vehicle license plates of the design required by Code Section 40-2-31 not later than January 1, 2024 2026."

SECTION 6.

Said title is further amended in Code Section 40-2-151, relating to annual license fees for operation of vehicles, fee for permanent licensing of certain trailers, and fee for new passenger car with paid title ad valorem taxes, by revising paragraph (2) of subsection (a) as follows:

"(2) For each motorcycle, miniature on-road vehicle, or multipurpose off-highway vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00"

SECTION 7.

Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to assembled motor vehicle and motorcycle or converted motor vehicle, inspections, unconventional motor vehicle or motorcycle not to be titled or registered, and exception, by revising subsection (f) as follows:

"(f) Unconventional motor vehicles or motorcycles shall not be titled or registered; provided, however, that a multipurpose off-highway vehicle manufactured after January 1, 2000, the following unconventional motor vehicles shall be registered upon proper application and payment of the required fee:

(1) A multipurpose off-highway vehicle manufactured after January 1, 2000;

(2) A miniature on-road vehicle manufactured more than 25 years prior to application; and

(3) A miniature on-road vehicle manufactured less than 25 years prior to application that has been modified by an importer registered with the United States Department of Transportation to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C. Section 30101, et seq., and certified by such importer as such."

SECTION 8.

Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to low-speed or multipurpose off-highway vehicles, as follows:

"Part 5

40-6-359.

Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:

(1) Headlights;

(2) Brake lights;

(3) Taillights;

(4) A rearview mirror; and

(5) Safety belts.

40-6-360.

Every person operating a low-speed vehicle, miniature on-road vehicle, or multipurpose off-highway vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application.

40-6-361.

(a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any such vehicles of the full use of a lane.

(b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or rows of vehicles.

(d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall not be operated two or more abreast in a single lane.

40-6-362.

(a) Low-speed vehicles shall be operated only on any highway where the posted speed limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not operate such vehicle on any highway where the posted speed limit exceeds 35 miles per hour.

(b) Multipurpose off-highway vehicles shall be operated only on highways that are part of a county road system and shall be authorized to cross highways that are part of a municipal street system or are part of the state highway system.

(c) Miniature on-road vehicles shall be operated only on highways that are part of a municipal street system or county road system, provided that such operation has not been prohibited through ordinance or resolution within a local jurisdiction, and shall be authorized to cross highways that are part of the state highway system."

SECTION 9.

Said title is further amended in Code Section 40-6-371, relating to powers of local authorities generally, by revising paragraphs (18.1) through (20) of and adding a new paragraph to subsection (a) and by revising subsection (c) to read as follows: "(18.1)(19) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 2A of Article 13 of this chapter;

(18.2)(20) Regulating the operation of personal transportation vehicles, provided that such regulations comply with Parts 3 and 6 of Article 13 of this chapter;

(21) Prohibiting the operation of miniature on-road vehicles as authorized in Code Section 40-6-362;

(19)(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; or

(20)(23) Adopting such other traffic regulations as are specifically authorized by this chapter."

"(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or the part thereof affected as may be most appropriate."

SECTION 10.

Said title is further amended in Code Section 40-6-390.1, relating to reckless stunt driving, by adding a new subsection to read as follows:

"(b.1)(1) As used in this subsection, the term 'intelligent speed assistance device' means a device designed to be installed within a motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. Such term shall not include any technology provided by the motor vehicle manufacturer as a component of a motor vehicle that controls or affects the speed of a motor vehicle.

(2) Upon conviction of a violation of this Code section and in addition to the punishment provided for in subsection (a) of this Code section, a court shall be authorized to order the installation of an intelligent speed assistance device upon the motor vehicle operated by the offender during such violation when the offender is the registered owner of such motor vehicle as shown in the records of the Department of Revenue. Such order shall set the maximum speed limit for an intelligent speed assistance device installed upon a motor vehicle at a speed limit of no greater than 20 percent above the posted speed limit. An intelligent speed assistance device shall be installed within ten days of the issuance of such order and remain on the vehicle for a period of time ordered by the court which shall be no less than six months. The costs relating to the installation of an intelligent speed assistance device upon a motor vehicle and any monitoring thereof shall be borne by the offender. Any court which orders an intelligent speed assistance device to be placed upon a motor vehicle pursuant to this subsection shall provide the Department of Revenue with a copy of such order. The records of the Department of Revenue shall contain a record reflecting that the motor vehicle shall only be operated when equipped with a functioning intelligent speed assistance device. The operation of a motor vehicle without an intelligent speed assistance device for which an order for installation of an intelligent speed assistance device has been issued pursuant to this subsection by the offender issued such order shall be punished as for a misdemeanor."

SECTION 11.

Said title is further amended in Code Section 40-8-73.1, relating to tinting of windows or windshields of motor vehicles, by revising subsection (h) as follows: "(h) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that no fingerprints shall be obtained for a violation of this Code section."

SECTION 12.

Said title is further amended in Code Section 40-13-2.1, relating to signature on citations required, effect of failure to sign, exemption for out-of-state drivers, and electronic capture of signature, by revising subsection (a) as follows:

"(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall may sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond appear for trial. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer shall write 'Refusal to Sign' on such citation and shall give the citation to such person. The officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law."

SECTION 13.

Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, is amended by revising subsection (b) as follows:

"(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, or a miniature on-road vehicle, as defined in Code Section 40-1-1, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor such vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle or a miniature on-road vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation; provided, however, that taxes shall be due at the time of registration or at the time required by law for registration during the owner's registration period as provided in subsection (a) of this Code section."

SECTION 14.

(a) Except as otherwise provided for in subsection (b) of this section, this Act shall become effective on October 1, 2025.

(b) Section 4 of this Act shall become effective on January 1, 2032.

SECTION 15.

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