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O.C.G.A. § 40-6-330.1 — Required equipment for personal transportation vehicles; grandfather clause | Georgia Code
O.C.G.A. § 40-6-330.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 13 SPECIAL PROVISIONS FOR CERTAIN VEHICLES

40-6-330.1. Required equipment for personal transportation vehicles; grandfather clause.

  1. All personal transportation vehicles shall be equipped with:
    1. A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake;
    2. A reverse warning device functional at all times when the directional control is in the reverse position;
    3. A main power switch. When the switch is in the "off" position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the "off" position;
    4. Head lamps;
    5. Reflex reflectors;
    6. Tail lamps;
    7. A horn;
    8. A rearview mirror;
    9. Safety warning labels; and
    10. Hip restraints and hand holds or a combination thereof.
  2. The requirements of subsection (a) of this Code section shall not apply to any personal transportation vehicles operated during daylight hours authorized by local ordinances enacted prior to January 1, 2012.

(Ga. L. 1973, p. 598, § 2; Code 1933, § 68A-1401, enacted by Ga. L. 1974, p. 633, § 1; Code 1981, §40-6-330; Ga. L. 1990, p. 2048, § 5; Ga. L. 2000, p. 951, § 5A-9; Ga. L. 2002, p. 506, § 5; Ga. L. 2002, p. 512, § 10; Ga. L. 2005, p. 334, § 18-13/HB 501; Code 1981, §40-6-330.1, as redesignated by Ga. L. 2014, p. 745, § 10/HB 877.)

Law reviews.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 281 (2002).

JUDICIAL DECISIONS

Improper use of go-cart.

- Motorized go-cart when not properly driven may be equally as dangerous as a motor vehicle when improperly used. Hill v. Morrison, 160 Ga. App. 151, 286 S.E.2d 467 (1981).

Application to golf cart.

- Since a golf cart was a "motorized vehicle" under O.C.G.A. § 40-1-1(33) and (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).

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 40 in the context of Georgia traffic and automobile accident law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.