Operating Restrictions; "Perennial Stream" Defined

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Off-Road Vehicles
  5. Operating Restrictions; "Perennial Stream" Defined

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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.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 200, 202.


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