O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-6-351 (2019)

Driver's license or permit required for certain operators

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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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No person under 15 years of age shall operate a moped upon the highways in this state. No person shall operate a moped upon the highways in this state unless he or she has in his or her possession a valid driver's license, instruction permit, or limited permit issued to him or her pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instruction permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the highways in this state.

History

(Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 1996, p. 236, § 3; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2019, p. 264, § 5/HB 454.)

Annotations

The 2019 amendment, effective July 1, 2019, substituted "upon the highways in" for "or an electric assisted bicycle upon the public roads and highways of" in the middle of the first sentence; in the second sentence, substituted "highways in this state unless he or she has" for "public roads and highways of this state unless he or she shall have" near the middle and substituted "highways in" for "public roads and highways of" near the end; and deleted the former third sentence, which read: "No license or permit shall be required for the operation of an electric assisted bicycle."

JUDICIAL DECISIONS

Cited in Simmons v. State, 281 Ga. App. 252, 635 S.E.2d 849 (2006).

Notes of Decisions
Cited in 2 cases, 2003–2006 · leading case: Coker v. State, 583 S.E.2d 498 (Ga. Ct. App. 2003).
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Coker v. State, 583 S.E.2d 498 (Ga. Ct. App. 2003). · cites it 4× “He explains that since motorized carts receive special treatment in OCGA §§ 40-6-330 and 40-6-331, which statutes do not expressly require a license for drivers of motorized carts, one can infer that the legislature, which in another statute (OCGA § 40-6-351) expressly required…”
Simmons v. State, 635 S.E.2d 849 (Ga. Ct. App. 2006). · cites it 2× “The fact that the nearby moped statute (OCGA § 40-6-351) reaffirms the need for a license for that type of motor vehicle does not lead to the conclusion that the motorized cart statutes exempted motorized cart drivers from the general licensing requirement of OCGA § 40-5-20 (a)…”
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.