2022 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 8 - Equipment and Inspection of Motor Vehicles
Article 1 - Equipment Generally
Part 1 - General Provisions
§ 40-8-11. Operational Rules for Autonomous Vehicles; State Consumer Laws Applicable

1. A person may operate a fully autonomous vehicle with the automated driving system engaged without a human driver being present in the vehicle, provided that such vehicle:
   1. Unless an exemption has been granted under applicable federal or state law, is capable of being operated in compliance with Chapter 6 of this title and this chapter and has been, at the time of its manufacture, certified by the manufacturer as being in compliance with applicable federal motor vehicle safety standards;
   2. Has the capability to meet the requirements of Code Section 40-6-279;
   3. Can achieve a minimal risk condition in the event of a failure of the automated driving system that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain;
   4. 1. Until December 31, 2019, is covered by motor vehicle liability coverage equivalent to 250 percent of that which is required under:
         1. Indemnity and liability insurance equivalent to the limits specified in Code Section 40-1-166; or
         2. Self-insurance pursuant to Code Section 33-34-5.1 equivalent to, at a minimum, the limits specified in Code Section 40-1-166; and
      2. On and after January 1, 2020, is covered by motor vehicle liability coverage equivalent to, at a minimum:
         1. Indemnity and liability insurance equivalent to the limits specified in Code Section 40-1-166; or
         2. Self-insurance pursuant to Code Section 33-34-5.1 equivalent to, at a minimum, the limits specified in Code Section 40-1-166; and
   5. Is registered in accordance with Code Section 40-2-20 and identified on such registration as a fully autonomous vehicle or lawfully registered outside of this state.
2. It shall be the responsibility of the occupants of a fully autonomous vehicle to comply with the requirements of Code Sections 40-8-76 and 40-8-76.1 regarding the use of safety belts and child passenger restraining systems.
3. Unless otherwise provided in this Code section, fully autonomous vehicles, automated driving systems, and any commercial use or operation of fully autonomous vehicles shall be governed by this Code section, Code Sections 40-1-1 and 40-5-21, Chapter 6 of this title, and this chapter notwithstanding any other provision of law to the contrary. No rules or regulations relative to the operation of fully autonomous vehicles or automated driving systems shall be adopted which limit the authority to operate such vehicles or systems conferred by this Code section.
4. No provision of this Code section shall be construed to limit the applicability of state consumer protection laws, including Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975,” Article 22 of Chapter 1 of Title 10, the “Georgia Motor Vehicle Franchise Practices Act,” and Article 28 of Chapter 1 of Title 10, the “Georgia Lemon Law.”

History. Code 1981, § 40-8-11 , enacted by Ga. L. 2017, p. 549, § 3/SB 219; Ga. L. 2018, p. 207, § 1/HB 717.

Effective date. —

This Code section became effective July 1, 2017.

The 2018 amendment, effective July 1, 2018, added subsection (d).

Law reviews.

For article on the 2017 enactment of this Code section, see 34 Ga. St. U.L. Rev. 231 (2017).

For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

For annual survey on commercial transportation: a two-year survey, see 71 Mercer L. Rev. 39 (2019).

For comment, “Death of the DUI: Should Autonomous Vehicles Be Considered Synonymous to Designated Drivers Under Georgia Law?,” see 70 Mercer L. Rev. 1113 (2019).