TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 7. Off-road Vehicles, 40-7-1 through 40-7-6.

ARTICLE 15 SERIOUS TRAFFIC OFFENSES

40-7-4. Operating restrictions; "perennial stream" defined.

Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:

1. Without operative brakes or without mufflers or other silencing equipment;
2. On any private property without the express written permission of the owner of the property or his or her agent; or
3. Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term "perennial stream" means a stream:
   1. That under normal circumstances has water flowing year round;
   2. That has the channel located below the ground-water table most of the year;
   3. For which ground water is the primary source of water; and
   4. For which runoff from rainfall is a supplemental source of water flow.

(Ga. L. 1976, p. 330, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2010, p. 98, § 1-2/HB 207.)