O.C.G.A.

O.C.G.A. § 40-6-294 (2019)

Riding on roadways and bicycle paths

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term ‘‘hazards to safe cycling’’ includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle. (b) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when: (1) Turning left; (2) Avoiding hazards to safe cycling; (3) The lane is too narrow to share safely with a motor vehicle;

(4) Traveling at the same speed as traffic; (5) Exercising due care when passing a standing vehicle or one proceeding in the same direction; or (6) There is a right turn only lane and the person operating the bicycle is not turning right; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road. (c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit issued by a local governing authority permits riding more than two abreast. (d) Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes. (e) Bicycle paths subject to the provisions of subsection (d) of this Code section shall at a minimum 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, and such bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway. (f ) Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway. (g) Electric assisted bicycles may be operated on bicycle paths.

History

(Ga. L. 1973, p. 471, § 6; Code 1933, § 68A-1205, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 1992, p. 1546, §§ 1, 2; Ga. L. 1995, p. 271, § 1; Ga. L. 1996, p. 236, § 2; Ga. L. 2011, p. 426, § 3/HB 101.)

Annotations

Cross references. - Construction of bicycle trails and bikeways, §§ 12-3-114,

JUDICIAL DECISIONS Cited in DeWaters v. City of Atlanta, 169 Ga. App. 41, 311 S.E.2d 232 (1983). RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 249, 250, 254. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 595. C.J.S. - 40 C.J.S., Highways, § 394 et seq.

ALR. - Reciprocal duties of driver of automobile and bicyclist or motorcyclist, 172 A.L.R. 736.

Notes of Decisions
Cited in 2 cases, 1983–2012 · leading case: State v. Hammond, 723 S.E.2d 89 (Ga. Ct. App. 2012).
State v. Hammond, 723 S.E.2d 89 (Ga. Ct. App. 2012). · cites it 2× “4 See OCGA § 40-6-294 ffl. 5 See OCGA § 40-6-296 (a).”
DeWaters v. City of Atlanta, 311 S.E.2d 232 (Ga. Ct. App. 1983). · cites it 2× “” OCGA § 40-6-294 (a) (Code Ann. § 68A-1205).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.