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Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 92. WAIVER OF IMMUNITY FOR MOTOR VEHICLE CLAIMS

36-92-1. Definitions.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. As used in this chapter, the term:

  2. (1)

    “Claim” means any demand against a local government entity for money for a loss caused by negligence of a local government entity officer or employee using a covered motor vehicle while carrying out his or her official duties or employment.#

  3. (2)

    “Covered” motor vehicle means:#

    1. (A)

      Any motor vehicle owned by the local government entity; and#

    2. (B)

      Any motor vehicle leased or rented by the local government entity.#

  4. (3)

    “Local government entity” means any county, municipal corporation, or consolidated city-county government of this state. Such term shall not include a local school system.#

  5. (4)

    “Local government officer or employee” means:#

    1. (A)

      An officer, agent, servant, attorney, or employee of a local government entity; or#

    2. (B)

      A sheriff, deputy sheriff, or other agent, servant, or employee of a sheriff’s office.#

  6. (5)

    “Loss” means personal injury, disease, death, damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; loss of consortium; and any other element of actual damages recoverable in actions for negligence.#

  7. (6)

    “Motor vehicle” means any automobile, bus, motorcycle, truck, trailer, or semitrailer, including its equipment, and any other equipment permanently attached thereto, designed or licensed for use on the public streets, roads, and highways of the state.#

  8. (7)

    “Occurrence” means an accident involving a covered motor vehicle.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-92-1, enacted by Ga. L. 2002, p. 579, § 3; Ga. L. 2019, p. 781, § 1/SB 29.

Law reviews

For annual survey on local government law, see 65 Mercer L. Rev. 205 (2013). For article, “What’s the ‘Use’: Vehicle Maintenance Liability Barred by Sovereign Immunity Amendment Intended to Promote Waiver,” see 69 Mercer L. Rev. 651 (2018).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 667 to 668; merge action: bound only; file SHA-256 5150ee8c60f7.