2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 1 - Identification and Regulation
Article 1 - General Provisions
§ 40-1-1. (For Effective Date, See note.) Definitions

As used in this title, the term:

1. "Alcohol concentration" means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
2. "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
3. "All-terrain vehicle" means a motorized vehicle originally manufactured for off-highway use which is equipped with three or more nonhighway tires, is 80 inches or less in width with a dry weight of 2,500 pounds or less, and is designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
4. "Arterial street" means any U.S. or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
5. "Authorized emergency vehicle" means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose.

   (5.1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

6. "Bicycle" means every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter.

   (6.1) "Bicycle lane" means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles and electric assisted bicycles. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials.

   (6.2) "Bicycle path" means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle and electric assisted bicycle riders.

   (6.3) "Bicycle trailer" means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers.

7. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
8. "Business district" means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

   (8.1) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:

   1. Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more;
   2. Is designed or used to transport more than eight passengers, including the driver, for compensation;
   3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
   4. Is used to transport material determined to be hazardous by the secretary of the United States Department of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.
9. "Controlled-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
10. "Crosswalk" means:
    1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or
    2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
11. "Dealer" means a person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business in this state.
12. "Demonstrator" means any motor vehicle which has not been the subject of a sale at retail to the general public but which has been operated on the roads of this state in the course of a motor vehicle dealer's business.
13. "Divided highway" means a highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic.
14. "Driver" means every person who drives or is in actual physical control of a vehicle.
15. "Driver's license" means any license to operate a motor vehicle issued in either a physical or electronic format under the laws of this state.

    (15.1) "DUI Alcohol or Drug Use Risk Reduction Program" means a program certified by the Department of Driver Services in accordance with subsection (e) of Code Section 40-5-83.

    (15.2) "Dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including without limitation:

    1. Lateral vehicle motion control via steering;
    2. Longitudinal motion control via acceleration and deceleration;
    3. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation;
    4. Object and event response execution;
    5. Maneuver planning; and
    6. Enhancing conspicuity via lighting, signaling, and gesturing.

    (15.3) "Electric assisted bicycle" means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor having a power output of not more than 750 watts.

    (15.4) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds.

16. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
17. "Flammable liquid" means any liquid which has a flash point of 141 degrees Fahrenheit or less.

    (17.1) "Former military motor vehicle" means a motor vehicle which operates on the ground, including a trailer, that was manufactured for use in any country's military forces and is maintained to represent its military design, regardless of the vehicle's size, weight, or year of manufacture. Such term shall not include motor vehicles armed for combat or vehicles owned or operated by this state, the United States, or any foreign government.

    (17.2) "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving system that has the capability to perform all aspects of the dynamic driving task without a human driver within a limited or unlimited operational design domain and will not at any time request that a driver assume any portion of the dynamic driving task when the automated driving system is operating within its operational design domain.

    (17.3) "Golf car" or "golf cart" means any motorized vehicle designed for the purpose and exclusive use of conveying one or more persons and equipment to play the game of golf in an area designated as a golf course. For such a vehicle to be considered a golf car or golf cart, its average speed shall be less than 15 miles per hour (24 kilometers per hour) on a level road surface with a 0.5% grade (0.3 degree) comprising a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface.

18. "Gross weight" means the weight of a vehicle without load plus the weight of any load thereon.

    (18.1) "Hazardous material" means a substance or material as designated pursuant to the Federal Hazardous Materials Law, 49 U.S.C. Section 5103(a).

19. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
20. "House trailer" means:
    1. A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
    2. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

    (20.1) "Identification card" means any document in either a physical or electronic format issued by the Department of Driver Services under the laws of this state for purposes of proving identity of the holder.

21. "Implement of husbandry" means a vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

    (21.1) "Infant sling" means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer.

22. 1. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
    3. The junction of an alley with a street or highway shall not constitute an intersection.
23. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
24. "License" or "license to operate a motor vehicle" means any driver's license or any other license or permit to operate a motor vehicle issued in either a physical or electronic format under, or granted by, the laws of this state, including:

    (24.1) "Lightweight commercial vehicle" means a motor vehicle which does not meet the definition of a commercial motor vehicle and which, in the furtherance of a commercial enterprise:

    1. Any temporary license or instruction permit;
    2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and
    3. Any nonresident's operating privilege as defined in this Code section.
    4. Is used to transport hazardous materials in a type and quantity for which placards are not required in accordance with the Hazardous Materials Regulations prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by the commissioner of public safety;
    5. Is used to transport property for compensation;
    6. Is used to transport passengers for compensation, other than a taxicab; or
    7. Is a wrecker or tow truck.

    (24.2) "Limousine" has the same meaning as provided in paragraph (4) of Code Section 40-1-151.

25. "Local authorities" means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state.

    (25.1) (For effective date, see note.) "Low-speed vehicle" means any four-wheeled vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured or converted to comply with standards based upon those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500, as amended.

    (25.2) "Managed lane" means a designated lane or series of designated lanes which utilize tolls payable to the State Road and Tollway Authority and which may use other lane management strategies in order to manage the flow of traffic. Such additional lane management strategies may include, but are not limited to, value pricing, vehicle occupancy requirements, or vehicle type restrictions, or any combination thereof.

26. "Manufacturer" means a person engaged in the manufacture of vehicles and who has an established place of business in this state. Pertaining to PTVs only, the term "manufacturer" also means any person engaged in the manufacture of vehicles who does business in this state, including but not limited to any person who makes modifications to a vehicle that are not approved by the original equipment manufacturer and which may adversely affect the safe operation and performance of the vehicle.

    (26.1) "Manufacturer headquarters" means the headquarters operation of:

    1. A manufacturer as defined in paragraph (26) of this Code section; or
    2. An affiliate of a person engaged in the manufacture of vehicles in this or any other state and which operation is conducted primarily at an established place of business in this state.
27. "Metal tire" means every tire of which the surface in contact with the highway is wholly or partly of metal or other hard, nonresilient material. A vehicle shall be considered equipped with metal tires when metal tires are used on two or more wheels.

    (27.1) "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.

28. "Moped" means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.

    (28.1) "Motor carrier" shall have the same meaning as provided for in Code Section 40-2-1, and the terms "carrier" and "motor carrier" are synonymous.

29. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, and moped.
30. "Motor driven cycle" means every motorcycle, with a motor which produces not to exceed five brake horsepower, and every moped.
31. "Motor home" means every motor vehicle designed, used, or maintained primarily as a mobile dwelling, office, or commercial space.
32. Reserved.
33. "Motor vehicle" means every vehicle which is self-propelled other than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD).

    (33.1) "Multipurpose off-highway vehicle" means any motorized vehicle having features specifically intended for utility use and having the following characteristics:

    1. Has the capability to transport persons or cargo or both;
    2. Operates between 25 miles per hour (40.2 kilometers per hour) and 50 miles per hour (80.4 kilometers per hour);
    3. Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of accessories or attachments;
    4. Is designed to travel on four or more wheels;
    5. Uses a steering wheel for steering control;
    6. Contains a nonstraddle seat;
    7. Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and
    8. Has a minimum cargo capacity of 350 pounds (159 kilograms).
34. "New motor vehicle" means any motor vehicle which is not a demonstrator and has never been the subject of a sale at retail to the general public.
35. "Nonresident" means every person who is not a resident of this state.
36. "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle or the use of a vehicle owned by such person in this state.
37. "Official traffic-control devices" means all signs, signals, markings, and devices not inconsistent with this title which are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

    (37.1) "Operational design domain" means a description of the specific operating domains in which an automated driving system is designed to effectively operate, including but not limited to geographic limitations, roadway types, speed range, and environmental conditions such as weather and limited visibility.

38. "Operator" means any person who drives or is in actual physical control of a motor vehicle or who causes a fully autonomous vehicle to move or travel with the automated driving system engaged.
39. "Owner" means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title.
40. "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
41. "Passenger car" means every motor vehicle, except all-terrain vehicles, motorcycles, motor driven cycles, multipurpose off-highway vehicles, personal transportation vehicles, and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons.
42. "Pedestrian" means any person afoot.

    (42.1) "Pedestrian hybrid beacon" means a special type of hybrid beacon used to warn and control traffic at locations without a traffic-control signal to assist pedestrians in crossing a street or highway at a marked crosswalk.

43. "Person" means every natural person, firm, partnership, association, corporation, or trust.

    (43.1) "Personal transportation vehicle" or "PTV" means:

    1. Any motor vehicle having no fewer than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour if such vehicle was authorized to operate on local roads by a local authority prior to January 1, 2012. Such vehicles may also be referred to as "motorized carts" in such local ordinances; and
    2. Any motor vehicle:
       1. With a minimum of four wheels;
       2. Capable of a maximum level ground speed of less than 20 miles per hour;
       3. With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
       4. Capable of transporting not more than eight persons.

       The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle.

    (43.2) "Personal transportation vehicle path" or "PTV path" means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by personal transportation vehicle drivers.

44. "Pneumatic tire" means every tire in which compressed air is designed to support the load. A vehicle shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels.
45. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
46. "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
47. "Private road or driveway" means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons.
48. "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.
49. "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
50. "Railroad train" means a steamengine or electric engine or other motor, with or without cars coupled thereto, operated upon rails.

    (50.01) "Recreational off-highway vehicle" means a motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 65 inches or less in width.

    (50.1) "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of business or enterprise operations.

51. "Residence district" means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
52. "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
53. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively.
54. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
55. "School bus" means:
    1. A motor vehicle operated for the transportation of school children to and from school or school activities or for the transportation of children to and from church or church activities. Such term shall not include a motor vehicle with a capacity of 15 persons or less operated for the transportation of school children to and from school activities or for the transportation of children to and from church or church activities if such motor vehicle is not being used for the transportation of school children to and from school; or
    2. A motor vehicle operated by a local transit system which meets the equipment and identification requirements of Code Section 40-8-115; provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers to or from school.
56. "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

    (56.1) "Shared use path" means a pathway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way and used by bicycles, pedestrians, manual and motorized wheelchairs, and other authorized motorized and nonmotorized users.

57. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians.
58. "Solid tires" means tires of rubber or similarly elastic material that do not depend on confined air for the support of the load. A vehicle shall be considered equipped with solid tires when solid tires are used on two or more wheels.
59. "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch-digging apparatus, well-boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
60. "Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
61. "State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada.
62. "Stop" or "stopping":
    1. When required, means complete cessation from movement; or
    2. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
63. "Street" means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

    (63.1) "Taxicab" means a motor vehicle for hire which conveys passengers between locations of their choice and is a mode of public transportation for a single passenger or small group for a fee. Such term shall also mean taxi or cab, but not a bus or school bus, limousine, passenger car, or commercial motor vehicle.

64. "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right of way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided in this title.
65. "Tractor" means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently.
66. "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
67. "Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
68. "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
69. "Tripper service" means regularly scheduled mass transportation service which is open to the fare-paying public but which is also designed or modified to accommodate the needs of elementary or secondary school students and school personnel.
70. "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.
71. "Truck camper" means any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space.
72. "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
73. "Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.
74. "Used motor vehicle" means any motor vehicle which has been the subject of a sale at retail to the general public.
75. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
76. "Wrecker" means a vehicle designed, equipped, or used to tow or carry other motor vehicles by means of a hoist, crane, sling, lift, or roll-back or slide back platform, by a mechanism of a like or similar character, or by any combination thereof, and the terms "tow truck" and "wrecker" are synonymous.

(Ga. L. 1927, p. 226, § 2; Code 1933, § 68-101; Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 1-9, 11, 13-21; Ga. L. 1966, p. 183, § 1; Ga. L. 1970, p. 586, § 1; Ga. L. 1973, p. 595, § 1; Ga. L. 1973, p. 598, § 1; Code 1933, § 68A-101, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1978, p. 1483, § 1; Ga. L. 1978, p. 2241, §§ 1, 3, 4; Ga. L. 1982, p. 3, § 40; Ga. L. 1983, p. 633, § 1; Ga. L. 1988, p. 691, §§ 1, 2; Ga. L. 1988, p. 1893, § 1; Ga. L. 1989, p. 1792, § 1; Ga. L. 1990, p. 2048, § 1; Ga. L. 1993, p. 518, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1996, p. 236, § 1; Ga. L. 1997, p. 419, § 1; Ga. L. 1999, p. 334, § 1; Ga. L. 2001, p. 4, § 40; Ga. L. 2002, p. 506, § 2; Ga. L. 2002, p. 512, §§ 2, 3; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2002, p. 1378, § 1; Ga. L. 2003, p. 308, §§ 1, 2, 3; Ga. L. 2004, p. 67, § 1; Ga. L. 2004, p. 746, § 1; Ga. L. 2006, p. 428, § 1/HB 654; Ga. L. 2007, p. 652, § 1/HB 518; Ga. L. 2010, p. 143, § 1/HB 1005; Ga. L. 2010, p. 442, § 4/HB 1174; Ga. L. 2011, p. 247, § 1/SB 240; Ga. L. 2011, p. 426, § 1/HB 101; Ga. L. 2011, p. 479, §§ 6, 7, 8/HB 112; Ga. L. 2012, p. 726, §§ 1, 2, 3/HB 795; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2014, p. 409, § 1/SB 392; Ga. L. 2014, p. 710, § 1-5/SB 298; Ga. L. 2014, p. 745, § 1/HB 877; Ga. L. 2015, p. 5, § 40/HB 90; Ga. L. 2015, p. 60, § 4-1/SB 100; Ga. L. 2015, p. 1058, § 4/SB 125; Ga. L. 2015, p. 1219, § 1/HB 202; Ga. L. 2017, p. 549, § 1/SB 219; Ga. L. 2019, p. 264, § 2/HB 454; Ga. L. 2019, p. 277, § 1/HB 101; Ga. L. 2020, p. 19, § 1/HB 861; Ga. L. 2020, p. 199, § 3-1/HB 463; Ga. L. 2020, p. 349, § 1/HB 877.)

- Pursuant to Code Section 28-9-5, in 1988, a hyphen was deleted from "motor driven" in paragraphs (28), (30), and (41).

Pursuant to Code Section 28-9-5, in 1989, "side" was substituted for "sides" in paragraph (2).

Pursuant to Code Section 28-9-5, in 1993, paragraph (6.3) was redesignated as paragraph (21.1) to place it in alphabetical order.

Pursuant to Code Section 28-9-5, in 1996, "or" was inserted following the semicolon at the end of subparagraphs (10)(A) and (62)(A) and "49 C.F.R. Section 571, et seq." was substituted for "49 CFR 571 et seq." in paragraph (15.5) (now paragraph (15.3)).

Pursuant to Code Section 28-9-5, in 1997, a comma was deleted following "another person" in the second sentence of paragraph (39).

The amendment of this Code section by Ga. L. 2002, p. 506, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 512, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Both Ga. L. 2014, p. 409, § 1/SB 392 and Ga. L. 2014, p. 745, § 1/HB 877 enacted a new paragraph (17.1). Pursuant to Code Section 28-9-5, the paragraph enacted by Ga. L. 2014, p. 745, § 1/HB 877 has been redesignated as paragraph (17.2).

- Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Ga. L. 2020, p. 19, HB 861, contains two sections numbered as "2". The language in the second Section 2 of the Act provided an effective date for the Act.

- Provisions concerning the Transportation of Hazardous Materials are codified at 49 U.S.C. § 5101 et seq.

- For article surveying Georgia cases in the area of insurance from June 1977 through May 1978, see 30 Mercer L. Rev. 105 (1978). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 231 (2017). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 198 (2003). 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).

ANALYSIS

• General Consideration
• Alcohol Concentration
• Crosswalk
• Highway
• Intersection
• Motorcycle
• Motor Vehicle
• Official Traffic-Control Devices
• Owner
• Pedestrian
• Right of Way
• School Bus
• Special Mobile Equipment

General Consideration

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 10-13, are included in the annotations for this Code section.

§ 40-1-1(57). - Definition of "public sidewalk" found in City of Forest Park, Ga., Ordinance § 9-8-45(f) is not unconstitutional as conflicting with state law because nothing in § 9-8-45 impairs the operation of O.C.G.A. § 40-1-1(57); by the statute's specific terms, § 40-1-1(57), is not intended to be a definition of general application, but defines the term "sidewalk" in the context of Title 40 of the Georgia Code, which is labeled "Motor Vehicles and Traffic," and it does not appear that the definition set forth in § 40-1-1(57) would apply elsewhere in the Code in which the word "sidewalk" is used in other contexts. Braley v. City of Forest Park, 286 Ga. 760, 692 S.E.2d 595 (2010).

- Because a police officer was directing traffic and this activity necessarily is a police function, the officer was acting in the officer's official capacity at the time of a traffic accident, and the officer was entitled to assert official immunity as a defense to a claim of negligent conduct. Sommerfield v. Blue Cross & Blue Shield, Inc., 235 Ga. App. 375, 509 S.E.2d 100 (1998).

- Georgia Court of Appeals concludes that the parking restrictions in O.C.G.A. § 40-6-202 do not apply within a business district and because a business district is comprised of the territory contiguous to and including a highway, the parking restrictions in § 40-6-202 cannot be read to apply to roadways within areas meeting the criteria in O.C.G.A. § 40-1-1(8). Granger v. MST Transp., LLC, 329 Ga. App. 268, 764 S.E.2d 872 (2014).

Cited in Tiller v. Georgia Power Co., 68 Ga. App. 224, 22 S.E.2d 623 (1942); Casteel v. Anderson, 89 Ga. App. 68, 78 S.E.2d 831 (1953); Horne v. GEICO, 132 Ga. App. 230, 207 S.E.2d 636 (1974); Avera v. State, 133 Ga. App. 469, 211 S.E.2d 417 (1974); Prince v. Cotton States Mut. Ins. Co., 143 Ga. App. 512, 239 S.E.2d 198 (1977); State v. Williams, 156 Ga. App. 813, 275 S.E.2d 133 (1980); Lott v. Smith, 156 Ga. App. 826, 275 S.E.2d 720 (1980); Cotton States Mut. Ins. Co. v. Statiras, 157 Ga. App. 169, 276 S.E.2d 853 (1981); McJunkin v. State, 160 Ga. App. 30, 285 S.E.2d 756 (1981); Blake v. Continental S.E. Lines, 161 Ga. App. 869, 289 S.E.2d 551 (1982); Tolbert v. Murrell, 253 Ga. 566, 322 S.E.2d 487 (1984); Grange Mut. Cas. Co. v. King, 174 Ga. App. 716, 331 S.E.2d 41 (1985); Pierce County Sch. Dist. v. Greene, 185 Ga. App. 269, 363 S.E.2d 825 (1987); Metheny v. State, 197 Ga. App. 882, 400 S.E.2d 25 (1990); Brannan v. State, 261 Ga. 128, 401 S.E.2d 269 (1991); Lattarulo v. State, 261 Ga. 124, 401 S.E.2d 516 (1991); Bailey v. Hall, 199 Ga. App. 602, 405 S.E.2d 579 (1991); Pryor v. Phillips, 222 Ga. App. 116, 473 S.E.2d 535 (1996); Conley v. State, 281 Ga. App. 841, 637 S.E.2d 438 (2006); Hite v. Anderson, 284 Ga. App. 156, 643 S.E.2d 550 (2007); Barron v. State, 291 Ga. App. 494, 662 S.E.2d 285 (2008).

Alcohol Concentration

Blood to alcohol ratio.

- Charges regarding the use of the blood to alcohol ratio have been held to be harmless so long as those charges are given in conjunction with a qualifying instruction regarding the inconclusiveness of the ratio. Therefore, the burden of proof is not shifted to the defendant. Walker v. State, 204 Ga. App. 559, 420 S.E.2d 17, cert. denied, 204 Ga. App. 922, 420 S.E.2d 17 (1992).

Charging the statutory definition of alcohol concentration was not error since the trial court charged the jury that the jury could give the breath test results the weight that the jury deemed fit, including no weight at all. Rindone v. State, 210 Ga. App. 639, 437 S.E.2d 338 (1993).

- Since the defendant was charged with a crime wherein the "alcohol concentration" of defendant's blood was an element of the offense, and the trial court charged the jury on the statutory definition of "alcohol concentration," the trial court did not err in so charging the jury on the definition of "alcohol concentration." Close v. State, 195 Ga. App. 652, 394 S.E.2d 563 (1990).

- Person has actual physical control of a vehicle which is unable to move under the vehicle's own power while guiding the vehicle down a road as the vehicle operates under the force of gravity. Harris v. State, 97 Ga. App. 495, 103 S.E.2d 443 (1958), overruled on other grounds, New v. State, 171 Ga. App. 392, 319 S.E.2d 542 (1984) and Luke v. State, 177 Ga. App. 518, 340 S.E.2d 30 (1986) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 10-13).

- Testing officer's failure to explain the officer's testimony that the defendant's test results were .121 and .116, in terms of the "alcohol concentration" definitions of O.C.G.A. § 40-1-1, did not require reversal since the officer also testified that the machine tested specifically for alcohol and the jury was properly instructed on statutory definitions. Banks v. State, 235 Ga. App. 701, 509 S.E.2d 63 (1998).

Evidence supports a verdict of drunken "driving" since, at the time the troopers arrived at the scene of the alleged crime, the defendant was sitting under the steering wheel of the automobile and attempting to get the car in gear, the motor of the automobile was running, and the automobile rolled backwards when the witness started to get out of the patrol car. Echols v. State, 104 Ga. App. 695, 122 S.E.2d 473 (1961) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 10-13).

Crosswalk

"Crosswalk" at other than intersection must be marked.

- Acceptance of any definition of an unmarked "crosswalk" other than that in Ga. L. 1953, Nov.- Dec. Sess., p. 556, §§ 14-21, or holding that simply because people do cross, even "normally," in order to get to a place of business on the opposite side of a crosswalk would, in effect, make the whole roadway a "crosswalk." If there is to be one other than at the intersection, it must be marked in some manner so that motorists may know of it. Wells v. Alderman, 117 Ga. App. 724, 162 S.E.2d 18 (1968) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

A "T" intersection did not qualify as an unmarked crosswalk for purposes of a negligence suit brought by pedestrians who were struck at the intersection. McKenzie v. Detenber, 226 Ga. App. 742, 487 S.E.2d 497 (1997).

- Trial court did not err in finding that the defendant violated O.C.G.A. § 40-6-92(a) as it was undisputed that there was no marked crosswalk where the defendant was crossing the road, that the defendant was crossing other than at either a marked crosswalk or an unmarked crosswalk, and that the defendant entered the roadway when it was not safe to do so, given the traffic and weather conditions, and failed to yield to motor vehicle traffic. Hill v. State, 341 Ga. App. 409, 801 S.E.2d 87 (2017).

Highway

Meaning of "highway."

- "Highways" are created by legislative authority by dedication, or by prescription. The construction of the term "highway," when used in a statute, depends upon the legislative intent, and no fixed rule in regard to the word's meaning can be given. Powell v. Barker, 96 Ga. App. 592, 101 S.E.2d 113 (1957) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Every thoroughfare which is used by the public, and, in the language of the English books, is common to all the king's subjects, is a "highway." Powell v. Barker, 96 Ga. App. 592, 101 S.E.2d 113 (1957) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Road which leads only to the residence of a single individual may be a "highway." Powell v. Barker, 96 Ga. App. 592, 101 S.E.2d 113 (1957) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Since the term "highway" meant the entire width between the boundary lines of every way publicly maintained when any part thereof was open to the use of the public for purposes of vehicular travel, the term "highway" included the city streets on which defendant was traveling when it was discovered by police that the defendant was driving without a license; thus, the defendant's conviction for that offense had to be upheld. Scott v. State, 254 Ga. App. 728, 563 S.E.2d 554 (2002).

- O.C.G.A. § 40-1-1(53) defines the term "roadway" as "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term 'roadway' shall refer to any such roadway separately, but not to all such roadways collectively." The statutory definition excludes the berm or shoulder from being a part of the roadway. Nelson v. State, 317 Ga. App. 527, 731 S.E.2d 770 (2012).

- Highway is not open for travel until there has been extended to public an invitation, express or implied, to use the highway. When a highway is open for travel may, under certain circumstances, be a question of law for the court; on the other hand, cases may arise where it would be a question of fact for the jury to determine under all the circumstances of the particular case. Powell v. Barker, 96 Ga. App. 592, 101 S.E.2d 113 (1957) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

- For a highway under construction to be a "public highway," it would be necessary to show only that the highway was publicly maintained, and that the part in question was open for vehicular traffic. Powell v. Barker, 96 Ga. App. 592, 101 S.E.2d 113 (1957) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Intersection

Place where private way joins public road.

- Area within which private driveway or private way joins with public road is not "intersection" as defined by law. Howard v. Hall, 112 Ga. App. 247, 145 S.E.2d 70 (1965) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

- Under an application of the rules of law to the facts, the jury was authorized to find from the evidence adduced upon the trial, and the reasonable inferences to be drawn therefrom, that the two defendant drivers were grossly negligent in causing the plaintiff's injuries. Lawrence v. Hayes, 92 Ga. App. 778, 90 S.E.2d 102 (1955) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Motorcycle

Motorcycles taxed separately.

- General Assembly, in providing license taxes, separated "motorcycles" from the general class of "motor vehicles." Bullard v. Life & Cas. Ins. Co., 178 Ga. 673, 173 S.E. 855, answer conformed to, 49 Ga. App. 27, 174 S.E. 256 (1934).

Trail bike is a "motorcycle." Addison v. Southern Guar. Ins. Co., 155 Ga. App. 536, 271 S.E.2d 674 (1980).

Motor Vehicle

Scope of definition.

- Paragraph defining "motor vehicle" includes only those vehicles operated or drawn by their own self-propelled power. Thompson v. Georgia Power Co., 73 Ga. App. 587, 37 S.E.2d 622 (1946).

- Tractor comes within the definition of a "motor vehicle" under O.C.G.A. § 40-1-1. Browning v. State, 207 Ga. App. 547, 428 S.E.2d 441 (1993).

- Since a golf cart was a "motorized vehicle" under O.C.G.A. § 40-1-1(33), (75), the defendant had to have a driver's license when driving the golf cart on a highway; the motorized cart statutes, O.C.G.A. §§ 40-6-330 and40-6-331(b), (c), authorized licensing of the vehicle, not the driver. Coker v. State, 261 Ga. App. 646, 583 S.E.2d 498 (2003).

Because: (1) O.C.G.A. § 40-6-391(a), by the statute's plain language, applied to any moving vehicle, and, a golf cart was a "vehicle" within the meaning of O.C.G.A. § 40-1-1(75); (2) the defendant stipulated at trial to driving the golf cart in Fayette County, making such a "moving vehicle" within the scope of O.C.G.A. § 40-6-391(a), and to being under the influence of alcohol while doing so; and (3) under O.C.G.A. § 40-6-3(a)(3), the provisions of O.C.G.A. § 40-6-391 applied anywhere in Georgia, whether on a street, highway, or private property, the defendant's DUI conviction was upheld on appeal. Simmons v. State, 281 Ga. App. 252, 635 S.E.2d 849 (2006).

Evidence regarding theft of a four-wheeler from a dealership was sufficient for a jury to determine that the four-wheeler fit within the definition of a self-propelled vehicle within O.C.G.A. § 40-1-1(33); further, the evidence supported defendant's conviction for theft by taking a motor vehicle after a witness saw two men loading the four-wheeler into the back of a truck, the dealership's door looked like the door was pried open or kicked in, and defendant and others were stopped with the four-wheeler, bolt cutters, and a crowbar in the back of the truck. Norwood v. State, 265 Ga. App. 862, 595 S.E.2d 537 (2004).

Named driver exclusion endorsement precluded coverage since the term "motor vehicle," which does not include all-terrain vehicles, was limited to the policy provisions providing coverage, the language used in the endorsement encompassed the all-terrain vehicle involved in the accident, and since the insured exercised the insured's right to reject uninsured motorist coverage for the named driver. Fountain v. Atlanta Cas. Co., 204 Ga. App. 165, 419 S.E.2d 67 (1992).

Official Traffic-Control Devices

Turns made in compliance with "official traffic control devices."

- Turns should be made from the roadway, but, more particularly, in compliance with the patterns established by the markings ("official traffic control devices") on the road. State v. Williams, 156 Ga. App. 813, 275 S.E.2d 133 (1980).

- Properly erected no-parking sign within a municipality is an "official traffic-control device." Fabian v. Vincent, 155 Ga. App. 464, 270 S.E.2d 858 (1980).

Natural person, not business, found to be "owner" of vehicle. Purcell v. Allstate Ins. Co., 168 Ga. App. 863, 310 S.E.2d 530 (1983).

Pedestrian

"Pedestrian" defined.

- Defining "pedestrian" under motor vehicle accident insurance provisions involves an examination of the primary purpose or design of the vehicle involved in the accident. Cotton States Mut. Ins. Co. v. Statiras, 157 Ga. App. 169, 276 S.E.2d 853 (1981).

- Pedestrian and person with an automobile each have the right to use the public highway; but the right of an operator of an automobile upon the highways is not superior to the right of the pedestrian, and it is the duty of each to exercise their right with due regard to the corresponding rights of the other. Roseberry v. Freeman, 97 Ga. App. 545, 103 S.E.2d 745 (1958) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

- Driver of an automobile is bound to use reasonable care and to anticipate the presence on the streets of other persons having equal rights with the driver to be there; and a pedestrian, when lawfully using the public highways, is not bound to be continually looking and listening to ascertain if auto cars are approaching, under the penalty that if the pedestrian fails to do so, and is injured, it must be conclusively presumed that the pedestrian was negligent. Roseberry v. Freeman, 97 Ga. App. 545, 103 S.E.2d 745 (1958) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 14-21).

Right of Way

"Right of way" construed.

- At a particular time or place a pedestrian may not have the "right of way" to travel over or across the highway. Roseberry v. Freeman, 97 Ga. App. 545, 103 S.E.2d 745 (1958).

Pattern charges on yielding the right of way and the duty to yield when entering or crossing a roadway from a private road were proper since, although the defendant did not at first see the plaintiff approaching, the defendant continued into the roadway after the defendant saw the plaintiff. Claxton v. Lee, 229 Ga. App. 357, 494 S.E.2d 80 (1997).

School Bus

Common carrier for hire.

- Bus otherwise being operated as a common carrier for hire is not converted into a school bus simply because school children are incidental passengers thereon. Metropolitan Atlanta Rapid Transit Auth. v. Tuck, 163 Ga. App. 132, 292 S.E.2d 878 (1982).

Special Mobile Equipment

Excavator.

- Caterpillar 977L Traxcavator does not fall under the definition of "motor vehicle" found either in O.C.G.A. § 10-1-31(a)(4) or general definition of "motor vehicle" under paragraph (29) (now paragraph (33)) of O.C.G.A. § 40-1-1 but does fit the definition of "special mobile equipment" under paragraph (54) (now paragraph (59)) of § 40-1-1. Battle v. Yancey Bros. Co., 157 Ga. App. 277, 277 S.E.2d 280 (1981).

- Landfill compactor is not a "motor vehicle" as that term is defined in O.C.G.A. § 33-34-2. Pate v. Turner County, 162 Ga. App. 463, 291 S.E.2d 400 (1982).

Motor cranes propelled by the separate motor on a truck are not special mobile equipment within the meaning of paragraph (54) (now paragraph (59)) of O.C.G.A. § 40-1-1. Citizens & S. Nat'l Bank v. Georgia Steel, Inc., 25 Bankr. 796 (Bankr. M.D. Ga. 1982).

- Term "motor vehicle," as used in former Code 1933, § 68-101, (see now O.C.G.A. § 40-1-1), did not include a trailer without motive power not hitched to or being drawn by a motor vehicle. O'Steen v. Boone, 117 Ga. App. 174, 160 S.E.2d 229 (1968).

ANALYSIS

• General Consideration
• Highway
• Motor Vehicle
• Tractor
• Trailer
• Vehicle

General Consideration

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1953, Nov.-Dec. Sess., p. 556, are included in the annotations for this Code section.

Highway

Reserving city street for officially sanctioned event.

- City street which has been closed to the public for purposes of an officially sanctioned activity (such as a drag race) ceases to be a "highway" as defined by paragraph (16) (now paragraph (19)) of O.C.G.A. § 40-1-1. 1983 Op. Att'y Gen. No. U83-53.

- Municipalities are not prohibited by Georgia's Constitution or laws from enacting ordinances regarding enforcement of traffic control devices by the use of cameras. 2000 Op. Att'y Gen. No. U2000-7.

All-terrain vehicles operating on the highways of the State of Georgia are governed by the Uniform Rules of the Road, O.C.G.A. § 40-6-1 et seq. 2007 Op. Att'y Gen. No. 2007-3.

Motor Vehicle

Applicability to motor scooter.

- Motor scooter came within the definition of a "motor vehicle" under former Code 1933, § 68-101. 1954-56 Op. Att'y Gen. p. 471 (see now O.C.G.A. § 40-1-1).

- Golf cart was a vehicle other than a tractor, not operated upon a track, and propelled by other than muscular power; it thus fell within the definition of "motor vehicle" set out in former Code 1933, § 68-101 (see now O.C.G.A. § 40-1-1); if the golf cart was to be operated upon a public road, the operator must comply with all registration, inspection, and equipment requirements. 1972 Op. Att'y Gen. No. U72-78.

- When the exclusive use and possession of a "motor vehicle" is donated to a municipality or political subdivision for use in a driver education program for a period of more than 30 days, the municipality or political subdivision is entitled to purchase, for use on that vehicle, a governmental license plate. 1969 Op. Att'y Gen. No. 69-246.

- Any state-owned vehicle, including maintenance or construction-type vehicles, comes within definition of term "motor vehicle." 1969 Op. Att'y Gen. No. 69-448.

Go-cart is a "motor vehicle," and the operator of a go-cart must be licensed; the go-cart must be registered, inspected annually, and equipped with headlights, stop lights, and turn signals. 1969 Op. Att'y Gen. No. 69-194.

Tractor

Neither four-wheel tanks nor trailers qualify as "tractors."

- Since neither tanks which are mounted on four wheels and used to haul anhydrous ammonia (liquid fertilizer) over public highways nor four-wheel trailers used to haul cotton over public highways to farms can qualify as "tractors," the tanks must be registered and have license plates. 1965-66 Op. Att'y Gen. No. 66-149.

Trailer cannot qualify for sales tax exemption under former Code 1933, § 91A-4503 (see now O.C.G.A. § 48-8-3). 1980 Op. Att'y Gen. No. 80-164.

Air compressor mounted on wheels and drawn by another vehicle is a "trailer." 1958-59 Op. Att'y Gen. p. 211.

Classification of a "vehicle" depends upon the object's use, rather than upon the method by which the owner is compensated for the use, or the ownership of the vehicle. 1954-56 Op. Att'y Gen. p. 484.

Both a truck and a trailer are included in the use of the word "vehicle." 1957 Op. Att'y Gen. p. 188.

- "Log grapple loader" is a truck body with a log loading machine mounted on its back, and the only time that it is used on a highway is in transporting it from one forest to another; if such a "vehicle" is to be operated on the public highways, it must be registered, licensed, and inspected in accordance with the motor vehicle laws. 1973 Op. Att'y Gen. No. U73-82.

- Driver declared to be a habitual violator and given notice as provided by law is not guilty of the offense of operating a vehicle after having been declared a habitual violator when the driver operates self-propelled road construction equipment which is not designed or used primarily for the transportation of persons or property so long as such a vehicle is not operated on the highways of this state. 1990 Op. Att'y Gen. No. U90-14.

- When a "vehicle" is under a permanent lease (for more than a 30-day period), the state may hold either the legal title holder or the lessee responsible for registration, but primary liability is upon the lessee-operator. 1960-61 Op. Att'y Gen. p. 305.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 1 et seq., 29, 90, 222 et seq., 304, 346. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 811. 31A Am. Jur. 2d, Explosions and Explosives, § 1. 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 1 et seq., 90. 54 Am. Jur. 2d, Mobile Homes and Trailer Parks, § 1. 65 Am. Jur. 2d, Railroads, §§ 2 et seq., 363. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 1.

- 35 C.J.S., Explosives, § 2. 60 C.J.S., Motor Vehicles, §§ 1 et seq., 55, 98 et seq., 164. 60A C.J.S., Motor Vehicles, §§ 819, 827, 839 et seq., 870, 871, 895, 896. 61 C.J.S., Motor Vehicles, §§ 949 et seq. 74 C.J.S., Railroads, § 1.

- Injury to one while coasting in the street, 20 A.L.R. 1433; 109 A.L.R. 941.

Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Chauffeur in general employment of owner as servant for time being of owner, or of borrower of car, 42 A.L.R. 1446.

Liability for forcing trespasser from moving automobile, 58 A.L.R. 617.

Motorcycle as within contract, statute, or ordinance in relation to motor cars, motor-driven cars, etc., 70 A.L.R. 1253.

Applicability of regulations or rules governing vehicular traffic to driveways or other places not legal highways, 80 A.L.R. 469.

Airplane as within terms "vehicle," "motor vehicle," etc., 165 A.L.R. 916.

What is "motor vehicle" or the like within statute providing for constructive or substituted service of process on nonresident motorists, 48 A.L.R.2d 1283.

What is a "motor vehicle" within statutes making it an offense to drive while intoxicated, 66 A.L.R.2d 1146.

What is "motor vehicle" within automobile guest statute, 98 A.L.R.2d 543.

Who is "owner" within statute making owner responsible for injury or death inflicted by operator of automobile, 74 A.L.R.3d 739.

Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117.

What is "temporary" building or structure within meaning of restrictive covenant, 49 A.L.R.4th 1018.

Horseback riding or operation of horse-drawn vehicle as within drunk driving statute, 71 A.L.R.4th 1129.

Validity, construction, and effect of statutes or ordinances forbidding automotive "cruising" - practice of driving repeatedly through loop of public roads through city, 87 A.L.R.4th 1110.

Validity, construction, and application of "named driver exclusion" in automobile insurance policy, 33 A.L.R.5th 121.