HB957: HB957 Motor vehicles; operation of miniature on-road vehicles on certain highways; provide

26 LC 63 0167S The Senate Committee on Public Safety offered the following substitute to HB 957: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to provide for the operation of miniature on-road vehicles on certain highways;2 to provide for standards for registration of such vehicles; to provide for issuance of license3 plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles;4 to exempt such vehicles from certificate of title requirements; to provide for equipment and5 operating standards for such vehicles; to provide local authorities with the power to prohibit6 operation of such vehicles; to require posting of notice of such prohibition upon highways;7 to revise and provide for a definition; to amend Code Section 48-5-473 of the Official Code8 of Georgia Annotated, relating to returns for taxation and appl ication for and issuance of9 license plates upon payment of taxes due, so as to provide for payment of ad valorem taxes10 upon such vehicles; to provide for related matters; to provide for an effective date; to repeal11 conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 - 1 - 26 LC 63 0167S SECTION 1.14 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is15 amended in Code Section 40-1-1, relating to definitions, by rev ising paragraph (27.1) and16 adding a new paragraph to read as follows:17 "(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and18 manufactured for use upon roadways in another country that has been imported into the19 United States with a valid certificate of title or registration from the exporting country20 and in compliance with all federal importation requirements and which has the following21 characteristics:22 (A) Has the capability to transport persons;23 (B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per24 hour (104.6 kilometers per hour);25 (C) Has an overall width of 80 inches (2,030 millimeters) or l ess, exclusive of26 accessories or attachments;27 (D) Is designed to travel on four or more wheels;28 (E) Uses a steering wheel for steering control;29 (F) Contains a nonstraddle seat;30 (G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and31 (H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose32 off-highway vehicle.33 (27.2) 'Minimal risk condition' means a low-risk operating mode in w hich a fully34 autonomous vehicle operating without a human driver achieves a reasonably safe state,35 such as bringing the vehicle to a complete stop, upon experienc ing a failure of the36 vehicle's automated driving system that renders the vehicle unable to perform the entire37 dynamic driving task."38 - 2 - 26 LC 63 0167S SECTION 2.39 Said title is further amended in Code Section 40-2-27, relating to registration of motor40 vehicles not manufactured to comply with federal emission and safety standards, certificate41 of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,42 and former military motor vehicles, by revising subsection (e) as follows:43 "(e) The provisions of subsection (a) of this Code section shall not apply to applications44 for certificates of registration for former military motor vehicles that are less than 25 years45 old and manufactured for the United States military, or multipurpose off-highway vehicles46 manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than47 25 years prior to application; provided, however, that the exce ption provided by this48 subsection shall be applicable to miniature on-road vehicles ma nufactured less than 2549 years prior to application that have been modified by an importer registered with the United50 States Department of Transportation to comply with applicable federal motor vehicle safety51 standards issued pursuant to 49 U.S.C. Section 30101, et seq., and certified by such52 importer as such."53 SECTION 3.54 Said title is further amended in Code Section 40-2-31, relating to license plate design,55 retention of manufacturing and delivery costs, revalidation, county, and "In God We Trust"56 decals, by revising subsection (b) as follows:57 "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not58 less than 12 inches in length, except that motorcycle license p lates shall be at least four59 inches wide and not less than seven inches in length and licens e plates for low-speed60 vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size61 determined by the commissioner. All license plates shall show in boldface characters the62 month and year of expiration, the serial number, and either the full name or the63 abbreviation of the name of the state, shall designate the coun ty from which the license64 - 3 - 26 LC 63 0167S plate was issued unless specifically stated otherwise in this chapter, and shall show such65 other distinctive markings as in the judgment of the commission er may be deemed66 advisable, so as to indicate the class of weight of the vehicle for which the license plate was67 issued. Any license plate for a low-speed vehicle, miniature o n-road vehicle, o r68 multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also69 bear such figures, characters, letters, or combinations thereof as in the judgment of the70 commissioner will to the best advantage advertise, popularize, and otherwise promote71 Georgia as the 'Peach State.' Plates issued during the years 2 026 through 2030 shall72 include the design approved pursuant to Code Section 40-2-31.1. Except for license plates73 issued pursuant to Article 2B of this chapter, any license plat e issued pursuant to this74 chapter shall be of such strength and quality that the plate shall provide a minimum service75 period of at least five years. The commissioner shall adopt rules and regulations, pursuant76 to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for77 the design and issuance of new license plates and to implement the other provisions of this78 Code section."79 SECTION 4.80 Said title is further amended in said Code section, as in effect on January 1, 2032, by revising81 subsection (b) as follows:82 "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not83 less than 12 inches in length, except that motorcycle license p lates shall be at least four84 inches wide and not less than seven inches in length and licens e plates for low-speed85 vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size86 determined by the commissioner. All license plates shall show in boldface characters the87 month and year of expiration, the serial number, and either the full name or the88 abbreviation of the name of the state, shall designate the coun ty from which the license89 plate was issued unless specifically stated otherwise in this chapter, and shall show such90 - 4 - 26 LC 63 0167S other distinctive markings as in the judgment of the commission er may be deemed91 advisable, so as to indicate the class of weight of the vehicle for which the license plate was92 issued. Any license plate for a low-speed vehicle, miniature o n-road vehicle, o r93 multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also94 bear such figures, characters, letters, or combinations thereof as in the judgment of the95 commissioner will to the best advantage advertise, popularize, and otherwise promote96 Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this97 chapter, any license plate issued pursuant to this chapter shal l be of such strength and98 quality that the plate shall provide a minimum service period o f at least five years. The99 commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13100 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new101 license plates and to implement the other provisions of this Code section."102 SECTION 5.103 Said title is further amended in Code Section 40-2-33, relating to issuance of license plates104 and decals, transfer of registration to a digital license plate, compensation of tag agents, and105 required identification, by revising paragraph (2.1) of subsection (a) as follows:106 "(2.1) The commissioner may provide for the issuance of a temporary operating permit107 for any multipurpose off-highway miniature on-road vehicle, to be displayed until such108 time as a license plate of the design required by Code Section 40-2-31 has been issued109 to the registrant as a replacement for such temporary operating permit; provided,110 however, that any such temporary operating permit shall designa te the multipurpose111 off-highway miniature on-road vehicle as such; and provided, further, that the112 commissioner shall make available for issuance multipurpose off -highway miniature113 on-road vehicle license plates of the design required by Code Section 40-2-31 not later114 than January 1, 2024 2027."115 - 5 - 26 LC 63 0167S SECTION 6.116 Said title is further amended in Code Section 40-2-151, relatin g to annual license fees for117 operation of vehicles, fee for permanent licensing of certain t railers, and fee for new118 passenger car with paid title ad valorem taxes, by revising paragraph (2) of subsection (a) as119 follows:120 "(2) For each motorcycle, miniature on-road vehicle, or multipurpose121 off-highway vehicle .............................................122 20.00" SECTION 7.123 Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to124 assembled motor vehicle and motorcycle or converted motor vehic le, inspections,125 unconventional motor vehicle or motorcycle not to be titled or registered, and exception, by126 revising subsection (f) as follows:127 "(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;128 provided, however, that a multipurpose off-highway vehicle manufactured after January129 1, 2000, the following unconventional motor vehicles shall be registered upon proper130 application and payment of the required fee:131 (1) A multipurpose off-highway vehicle manufactured after January 1, 2000;132 (2) A miniature on-road vehicle manufactured more than 25 years prior to application;133 and134 (3) A miniature on-road vehicle manufactured less than 25 years prior to application that135 has been modified by an importer registered with the United Sta tes Department of136 Transportation to comply with applicable federal motor vehicle safety standards issued137 pursuant to 49 U.S.C. Section 30101, et seq., and certified by such importer as such."138 - 6 - 26 LC 63 0167S SECTION 8.139 Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to140 low-speed or multipurpose off-highway vehicles, as follows:141 "Part 5142 40-6-359.143 Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:144 (1) Headlights;145 (2) Brake lights;146 (3) Taillights;147 (4) A rearview mirror; and148 (5) Safety belts.149 40-6-360.150 Every person operating a low-speed vehicle, miniature on-road v ehicle, or multipurpose151 off-highway vehicle shall be granted all the rights and shall b e subject to all the duties152 applicable to the driver of any other vehicle under this chapte r except as to special153 regulations in this part and except as to those provisions of t his chapter which by their154 nature can have no application.155 40-6-361.156 (a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway157 vehicles are entitled to full use of a lane, and no motor vehic le shall be driven in such a158 manner as to deprive any such vehicles of the full use of a lane.159 - 7 - 26 LC 63 0167S (b) The operator of a low-speed vehicle, miniature on-road veh icle, or multipurpose160 off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle161 being overtaken.162 (c) No person shall operate a low-speed vehicle, miniature on- road vehicle, o r163 multipurpose off-highway vehicle between lanes of traffic or be tween adjacent lines or164 rows of vehicles.165 (d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway166 vehicles shall not be operated two or more abreast in a single lane.167 40-6-362.168 (a) Low-speed vehicles shall be operated only on any highway w here the posted speed169 limit does not exceed 35 miles per hour. The operator of a low -speed vehicle shall not170 operate such vehicle on any highway where the posted speed limi t exceeds 35 miles per171 hour.172 (b) Multipurpose off-highway vehicles shall be operated only o n highways that are part173 of a county road system and shall be authorized to cross highwa ys that are part of a174 municipal street system or are part of the state highway system.175 (c) Miniature on-road vehicles shall be operated only on highw ays that are part of a176 municipal street system or county road system, provided that such operation has not been177 prohibited through ordinance or resolution within a local juris diction, and shall be178 authorized to cross highways that are part of the state highway system."179 SECTION 9.180 Said title is further amended in Code Section 40-6-371, relating to powers of local authorities181 generally, by revising paragraphs (18.1) through (20) of and ad ding a new paragraph to182 subsection (a) and by revising subsection (c) to read as follows:183 - 8 - 26 LC 63 0167S "(18.1)(19) Regulating the operation of electric personal assistive mobil ity devices,184 provided that such regulations are no less restrictive than tho se imposed by Part 2A of185 Article 13 of this chapter;186 (18.2)(20) Regulating the operation of personal transportation vehicles, provided that187 such regulations comply with Parts 3 and 6 of Article 13 of this chapter;188 (21) Prohibiting the operation of miniature on-road vehicles a s authorized in Code189 Section 40-6-362;190 (19)(22) Adopting and enforcing such temporary or experimental regulations as may be191 necessary to cover emergencies or special conditions; or192 (20)(23) Adopting such other traffic regulations as are specifically a uthorized by this193 chapter."194 "(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),195 (12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code196 section shall be effective until official traffic-control devic es giving notice of such local197 traffic regulations are erected upon or at the entrances to the highway or the part thereof198 affected as may be most appropriate."199 SECTION 10.200 Code Section 48-5-473 of the Official Code of Georgia Annotated , relating to returns for201 taxation and application for and issuance of license plates upo n payment of taxes due, is202 amended by revising subsection (b) as follows:203 "(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby204 or special interest motor vehicle, as defined in Code Section 4 8-5-440, or a miniature205 on-road vehicle, as defined in Code Section 40-1-1, the owner or owners shall certify at the206 time of returning the antique or hobby or special interest motor such vehicle for taxation,207 paying the taxes due on the motor vehicle, and purchasing a lic ense plate for the motor208 vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an209 - 9 - 26 LC 63 0167S antique or hobby or special interest motor vehicle or a miniature on-road vehicle as defined210 in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and211 a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation;212 provided, however, that taxes shall be due at the time of registration or at the time required213 by law for registration during the owner's registration period as provided in subsection (a)214 of this Code section."215 SECTION 11.216 (a) Except as otherwise provided for in subsection (b) of this section, this Act shall become217 effective on October 1, 2026.218 (b) Section 4 of this Act shall become effective on January 1, 2032.219 SECTION 12.220 All laws and parts of laws in conflict with this Act are repealed.221 - 10 -