06 LC 34
0784S
The
House Committee on Motor Vehicles offers the following substitute to SB
400:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to
driverś
licenses, so as to provide for certain drivers of all-terrain vehicles to be
licensed drivers; to provide for operators of all-terrain vehicles under the age
of 16 to complete a safety course; to provide for supervision of children under
the age of 16 operating all-terrain vehicles; to provide for penalties; to
provide for related matters; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
driverś
licenses, is amended by adding a new subsection (c) to Code Section 40-5-21,
relating to exemptions from licensing requirements, to read as
follows:
"(c)
Nothing in this Code section shall be construed to permit the operation of
all-terrain vehicles on the public highways of this state, including paved
shoulders, on any portion of The Dwight D. Eisenhower System of Interstate and
Defense Highways, or on any lands included in the national park service or state
park systems, including wildlife refuges, unless the vehicle is being used for
law enforcement
purposes."
SECTION
2.
Said
chapter is further amended by adding a new Code Section 40-5-22.2 immediately
following Code Section 40-5-22.1, relating to reinstatement of a license of a
child under 16 years of age convicted of driving under the influence of alcohol
or drugs, to read as follows:
"40-5-22.2.
(a)
No child under the age of ten shall be allowed to operate an all-terrain vehicle
on public lands.
(b)
Before operating an all-terrain vehicle on public lands, any child under the age
of 16 must:
(1)
Complete a safety course approved by the Special Vehicle Institute of America; a
certificate showing completion of such course shall be in the
child́s
possession at all times when operating an all-terrain vehicle on public
lands;
(2)
Be supervised by a licensed driver 18 years of age or older; such supervision
shall mean the child must be within sight of the adult and at a distance of no
more than 300 feet; and
(3)
Wear a helmet.
(c)
Any child under the age of 16 is prohibited from operating an all-terrain
vehicle on any public road or highway, the shoulder of any public road or
highway, or the right of way of any public road or highway.
(d)
Any person 16 years of age or older must have a valid
driveŕs
license to operate an all-terrain vehicle on public lands.
(e)
It is prohibited for more than one rider to be on an all-terrain vehicle unless
the all-terrain vehicle is designed to carry more than one rider.
(f)
Nothing in this chapter shall be construed to permit the operation of
all-terrain vehicles on the public highways of this state, including paved
shoulders, on any portion of The Dwight D. Eisenhower System of Interstate and
Defense Highways, or on any lands included in the national park service or state
park systems, including wildlife refuges, unless the vehicle is being used for
law enforcement purposes.
(g)
Political subdivisions of the state may enact ordinances to further restrict the
operation and use of all-terrain vehicles within their
jurisdictions.
(h)(1)
A first conviction of violating any of the provisions of this Code section shall
be punishable by a fine of $75.00.
(2)
A second conviction of violating any of the provisions of this Code section
shall be punishable by impoundment of the all-terrain vehicle, a fine of
$250.00, or both.
(3)
A third conviction of violating any of the provisions of this Code section shall
be punishable by forfeiture of the all-terrain vehicle, a fine of $500.00, or
both."
SECTION
3.
This
Act shall become effective on July 1, 2006, and shall apply to offenses
committed on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.