Designated Areas of Operation; Ptv Licensing Requirements and Operating Standards; Signage; Use by a Commercial Delivery Company

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Uniform Rules of the Road
  5. Special Provisions for Certain Vehicles
  6. Personal Transportation Vehicles
  7. Designated Areas of Operation; Ptv Licensing Requirements and Operating Standards; Signage; Use by a Commercial Delivery Company

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  1. A local authority may, by ordinance, designate certain public streets or portions thereof or PTV paths that are under its regulation and control for the combined use of PTVs and regular vehicular traffic or the use of PTVs and no other types of motor vehicles and establish the conditions under which PTVs may be operated upon such streets or portions thereof or PTV paths, including without limitation the conditions under which a person may operate PTVs on such designated streets or portions thereof or PTV paths. All operators of PTVs shall be required to possess a valid driver's license except when operating a PTV within a locality whose local authority has enacted an ordinance permitting the use of PTVs or motorized carts on streets without possession of a driver's license prior to January 1, 2012.
  2. Local authority ordinances may establish operating standards but shall not require PTVs to meet any requirements of general law as to registration, inspection, certificate of title, or licensing; provided, however, that a local authority may, by ordinance, require the local registration and licensing of PTVs operated within its boundaries at least once every five years for a fee not to exceed $15.00. No local authority shall be liable for losses that result from exercising or not exercising inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of a PTV. The provisions of this subsection and the authority granted by this subsection shall not apply to PTVs owned by golf courses, country clubs, or other such organized entities which own such PTVs and make them available to or for use by members or the public on a rental or licensed basis, provided that such PTVs are used only on the premises of such golf courses, country clubs, or other such organized entities.
  3. Each local authority permitting the use of PTVs upon the public streets within its jurisdiction shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality or boundaries of the county. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that PTVs are authorized for use on public streets. All costs associated with such signs shall be funded entirely by the local authority. Ordinances establishing operating standards for PTVs shall not be effective unless appropriate signs giving notice are posted as required by this subsection.
    1. In jurisdictions where PTVs are permitted or otherwise allowed by state law, PTVs may cross streets and highways that are part of the state highway system only at crossings or intersections designated for that purpose and which are constructed as an active grade crossing in accordance with the Manual on Uniform Traffic Control Devices. PTV crossings shall be indicated by warning sign W11-11 of the Standard Highway Signs and be clearly visible in both directions by vehicles traversing the highway which is being crossed or intersected by PTVs.
    2. PTVs may cross streets and highways that are part of a municipal street system or county road system and used by other types of motor vehicles only at crossings or intersections designated for that purpose by the local authority having jurisdiction over such system.
    1. Regardless of whether a local ordinance has been approved regarding the use of PTVs, delivery personnel for a commercial delivery company which has at least 10,000 persons employed in this state may operate PTVs within a residential subdivision with speed limits of 25 miles per hour or less, provided that any PTV utilized by a commercial delivery company shall:
      1. Include the equipment required in subsection (a) of Code Section 40-6-330.1;
      2. Be marked in a conspicuous manner with the name of the commercial delivery company;
      3. Be operated by a person with a valid driver's license; and
      4. Be utilized only for the delivery of envelopes and packages with a maximum size of 130 inches for the combined length and girth and with a weight no greater than 150 pounds per package.
    2. Any commercial delivery company utilizing PTVs under this subsection shall remit a $50.00 fee every five years to each local authority where a PTV is operated along with a signed statement that such commercial delivery company operates PTVs within the jurisdiction of such local authority.
    3. Notwithstanding any other provision of law to the contrary, any person operating a PTV under this subsection shall be granted all the rights and shall be subject to all the duties applicable to a driver of any other vehicle under this chapter; provided, however that subsection (b) of Code Section 40-6-315 shall not be applicable to the operator of a PTV under this subsection.
    4. Any PTV authorized to operate pursuant to this subsection shall not pull multiple trailers. Such PTVs shall be limited to pulling one trailer or cargo platform and be limited to hauling weight no greater than the carrying capacity of the PTV as determined by the manufacturer.

(Ga. L. 1973, p. 598, § 2; Code 1933, § 68A-1402, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 1241, § 2; Ga. L. 1990, p. 2048, § 5; Ga. L. 2002, p. 506, § 6; Ga. L. 2002, p. 512, § 11; Ga. L. 2004, p. 67, § 3; Ga. L. 2013, p. 872, § 1/HB 384; Ga. L. 2014, p. 745, § 10/HB 877; Ga. L. 2015, p. 1072, § 6/SB 169.)

Cross references.

- Personal Transportation Vehicle Transportation Plan, §§ 40-6-363 through40-6-369.1.

Code Commission notes.

- The amendment of this Code section by Ga. L. 2002, p. 506, § 6, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 512, § 11. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Law reviews.

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

JUDICIAL DECISIONS

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 authorized licensing of the vehicle, not the driver. Coker v. State, 261 Ga. App. 646, 583 S.E.2d 498 (2003).

PART 4 MOPEDS


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