Georgia Code
Article 1 - General Provisions
§ 40-1-1. Definitions

As used in this title, the term:
(5.1) “Automated driving system” means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.
(6.1) “Bicycle lane” means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles and electric assisted bicycles or for travel by a personal delivery device. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials.
(6.2) “Bicycle path” means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle and electric assisted bicycle riders or for travel by a personal delivery device.
(6.3) “Bicycle trailer” means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers.
(8.1) “Commercial motor vehicle” means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:
(15.1) “DUI Alcohol or Drug Use Risk Reduction Program” means a program certified by the Department of Driver Services in accordance with subsection (e) of Code Section 40-5-83.
(15.2) “Dynamic driving task” means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including without limitation:
(15.3) “Electric assisted bicycle” means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor having a power output of not more than 750 watts.
(15.4) “Electric personal assistive mobility device” or “EPAMD” means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds.
(17.1) “Former military motor vehicle” means a motor vehicle which operates on the ground, including a trailer, that was manufactured for use in any country’s military forces and is maintained to represent its military design, regardless of the vehicle’s size, weight, or year of manufacture. Such term shall not include motor vehicles armed for combat or vehicles owned or operated by this state, the United States, or any foreign government.
(17.2) “Fully autonomous vehicle” means a motor vehicle equipped with an automated driving system that has the capability to perform all aspects of the dynamic driving task without a human driver within a limited or unlimited operational design domain and will not at any time request that a driver assume any portion of the dynamic driving task when the automated driving system is operating within its operational design domain.
(17.3) “Golf car” or “golf cart” means any motorized vehicle designed for the purpose and exclusive use of conveying one or more persons and equipment to play the game of golf in an area designated as a golf course. For such a vehicle to be considered a golf car or golf cart, its average speed shall be less than 15 miles per hour (24 kilometers per hour) on a level road surface with a 0.5% grade (0.3 degree) comprising a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface.
(18.1) “Hazardous material” means a substance or material as designated pursuant to the Federal Hazardous Materials Law, 49 U.S.C. Section 5103(a).
(20.1) “Identification card” means any document in either a physical or electronic format issued by the Department of Driver Services under the laws of this state for purposes of proving identity of the holder.
(21.1) “Infant sling” means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer.
(24.1) “Lightweight commercial vehicle” means a motor vehicle which does not meet the definition of a commercial motor vehicle and which, in the furtherance of a commercial enterprise:
(24.2) “Limousine” has the same meaning as provided in paragraph (4) of Code Section 40-1-151.
(25.1) “Low-speed vehicle” means any four-wheeled vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured or converted to comply with standards based upon those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500, as amended.
(25.2) “Managed lane” means a designated lane or series of designated lanes which utilize tolls payable to the State Road and Tollway Authority and which may use other lane management strategies in order to manage the flow of traffic. Such additional lane management strategies may include, but are not limited to, value pricing, vehicle occupancy requirements, or vehicle type restrictions, or any combination thereof.
(26.1) “Manufacturer headquarters” means the headquarters operation of:
(27.1) “Minimal risk condition” means a low-risk operating mode in which a fully autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle’s automated driving system that renders the vehicle unable to perform the entire dynamic driving task.
(28.1) “Motor carrier” shall have the same meaning as provided for in Code Section 40-2-1, and the terms “carrier” and “motor carrier” are synonymous.
(33.1) “Multipurpose off-highway vehicle” means any motorized vehicle having features specifically intended for utility use and having the following characteristics:
(37.1) “Operational design domain” means a description of the specific operating domains in which an automated driving system is designed to effectively operate, including but not limited to geographic limitations, roadway types, speed range, and environmental conditions such as weather and limited visibility.
(42.1) “Pedestrian hybrid beacon” means a special type of hybrid beacon used to warn and control traffic at locations without a traffic-control signal to assist pedestrians in crossing a street or highway at a marked crosswalk.
(43.1) “Personal delivery device” means a powered vehicle that utilizes an automated driving system to transport cargo, is not designed to transport passengers, and has a maximum unladen weight of 500 pounds or a maximum weight of 600 pounds when carrying any cargo.
(43.2) “Personal delivery device operator” means a person or an agent of a person that exercises control or monitoring over the operation of a personal delivery device; provided, however, that a person or an agent of a person shall not be considered a personal delivery operator solely because such person or agent:
(43.3) “Personal delivery device owner” means a person, individual, firm, company, association, corporation, or other business entity who owns a personal delivery device or, in the event that the personal delivery device is leased, the lessee and may include a personal delivery device operator.
(43.4) “Personal transportation vehicle” or “PTV” means:
(43.5) “Personal transportation vehicle path” or “PTV path” means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by personal transportation vehicle drivers.
The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle.
(50.01) “Recreational off-highway vehicle” means a motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 65 inches or less in width.
(50.1) “Regulatory compliance inspection” means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of business or enterprise operations.
(56.1) “Shared use path” means a pathway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way and used by bicycles, pedestrians, manual and motorized wheelchairs, and other authorized motorized and nonmotorized users.
(63.1) “Taxicab” means a motor vehicle for hire which conveys passengers between locations of their choice and is a mode of public transportation for a single passenger or small group for a fee. Such term shall also mean taxi or cab, but not a bus or school bus, limousine, passenger car, or commercial motor vehicle.
History. Ga. L. 1927, p. 226, § 2; Code 1933, § 68-101; Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 1-9, 11, 13-21; Ga. L. 1966, p. 183, § 1; Ga. L. 1970, p. 586, § 1; Ga. L. 1973, p. 595, § 1; Ga. L. 1973, p. 598, § 1; Code 1933, § 68A-101, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1978, p. 1483, § 1; Ga. L. 1978, p. 2241, §§ 1, 3, 4; Ga. L. 1982, p. 3, § 40; Ga. L. 1983, p. 633, § 1; Ga. L. 1988, p. 691, §§ 1, 2; Ga. L. 1988, p. 1893, § 1; Ga. L. 1989, p. 1792, § 1; Ga. L. 1990, p. 2048, § 1; Ga. L. 1993, p. 518, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1996, p. 236, § 1; Ga. L. 1997, p. 419, § 1; Ga. L. 1999, p. 334, § 1; Ga. L. 2001, p. 4, § 40; Ga. L. 2002, p. 506, § 2; Ga. L. 2002, p. 512, §§ 2, 3; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2002, p. 1378, § 1; Ga. L. 2003, p. 308, §§ 1, 2, 3; Ga. L. 2004, p. 67, § 1; Ga. L. 2004, p. 746, § 1; Ga. L. 2006, p. 428, § 1/HB 654; Ga. L. 2007, p. 652, § 1/HB 518; Ga. L. 2010, p. 143, § 1/HB 1005; Ga. L. 2010, p. 442, § 4/HB 1174; Ga. L. 2011, p. 247, § 1/SB 240; Ga. L. 2011, p. 426, § 1/HB 101; Ga. L. 2011, p. 479, §§ 6, 7, 8/HB 112; Ga. L. 2012, p. 726, §§ 1, 2, 3/HB 795; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2014, p. 409, § 1/SB 392; Ga. L. 2014, p. 710, § 1-5/SB 298; Ga. L. 2014, p. 745, § 1/HB 877; Ga. L. 2015, p. 5, § 40/HB 90; Ga. L. 2015, p. 60, § 4-1/SB 100; Ga. L. 2015, p. 1058, § 4/SB 125; Ga. L. 2015, p. 1219, § 1/HB 202; Ga. L. 2017, p. 549, § 1/SB 219; Ga. L. 2019, p. 264, § 2/HB 454; Ga. L. 2019, p. 277, § 1/HB 101; Ga. L. 2020, p. 19, § 1/HB 861; Ga. L. 2020, p. 199, § 3-1/HB 463; Ga. L. 2020, p. 349, § 1/HB 877; Ga. L. 2021, p. 241, § 3/SB 159; Ga. L. 2022, p. 286, § 1/HB 1055; Ga. L. 2022, p. 543, § 1/HB 1009.
The 2017 amendment, effective July 1, 2017, added paragraphs (5.1) and (15.2); redesignated former paragraphs (15.2) and (15.3) as present paragraphs (15.3) and (15.4), respectively; added paragraph (17.2); redesignated former paragraph (17.2) as present paragraph (17.3); substituted “(0.3 degree)” for “(0.3 degrees)” in the second sentence of paragraph (17.3); added paragraphs (27.1) and (37.1); and added “or who causes a fully autonomous vehicle to move or travel with the automated driving system engaged” at the end of paragraph (38).
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, added “and electric assisted bicycles” at the end of the first sentence in paragraph (6.1); inserted “and electric assisted bicycle” near the end of paragraph (6.2); in paragraph (15.3), added “having a power output of not more than 750 watts” at the end of the first sentence, deleted the former second and third sentences, which read: “For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:
“(A) Have a power output of not more than 1,000 watts;
“(B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and
“(C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour.”; in paragraph (30), deleted “including every motor scooter,” following “motorcycle,” in the middle and deleted “every bicycle with a motor attached,” following “horsepower,” near the end; and inserted “electric assisted bicycle or an” in the middle of paragraph (33). The second 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (3) for the former provisions, which read: “ ‘All-terrain vehicle’ means any motorized vehicle designed for off-road use which is equipped with four low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering.”; deleted former paragraphs (8.01), (8.1), and (8.2), which contained definitions for Class I, II, and III all-terrain vehicles; and redesignated former paragraph (8.3) as present paragraph (8.1).
The 2020 amendments.
The first 2020 amendment, effective June 29, 2020, substituted “or interstate commerce or both” for “and interstate commerce” in paragraph (8.1). The second 2020 amendment, effective June 30, 2020, inserted “in either a physical or electronic format” in paragraph (15); added paragraph (20.1); and inserted “in either a physical or electronic format” in paragraph (24). The third 2020 amendment, effective January 1, 2021, in paragraph (25.1), deleted “electric” following “four-wheeled”, substituted “or converted to comply with standards based upon” for “in compliance with”, and substituted “, as amended” for “and in effect on January 1, 2001”.
The 2021 amendment, effective July 1, 2021, inserted “or any vehicle used for the transport of students to and from school and school related activities pursuant to Code Section 20-2-1076” near the end of subparagraph (55)(A).
The 2022 amendments.
The first 2022 amendment, effective July 1, 2022, substituted “3,500 pounds” for “2,500 pounds” in the middle of paragraph (3). The second 2022 amendment, effective July 1, 2022, added “or for travel by a personal delivery device” at the end of the first sentence in paragraph (6.1) and at the end of paragraph (6.2); in paragraph (33), inserted “a personal delivery device,” and a comma following “bicycle”; redesignated former paragraphs (43.1) and (43.2) as present paragraphs (43.4) and (43.5), respectively; added paragraphs (43.1), (43.2), and (43.3); and inserted “primarily” in paragraph (57).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, a hyphen was deleted from “motor driven” in paragraphs (28), (30), and (41).
Pursuant to Code Section 28-9-5, in 1989, “side” was substituted for “sides” in paragraph (2).
Pursuant to Code Section 28-9-5, in 1993, paragraph (6.3) was redesignated as paragraph (21.1) to place it in alphabetical order.
Pursuant to Code Section 28-9-5, in 1996, “or” was inserted following the semicolon at the end of subparagraphs (10)(A) and (62)(A) and “49 C.F.R. Section 571, et seq.” was substituted for “ 49 CFR 571 et seq.” in paragraph (15.5) (now paragraph (15.3)).
Pursuant to Code Section 28-9-5, in 1997, a comma was deleted following “another person” in the second sentence of paragraph (39).
The amendment of this Code section by Ga. L. 2002, p. 506, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 512, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).
Both Ga. L. 2014, p. 409, § 1/SB 392 and Ga. L. 2014, p. 745, § 1/HB 877 enacted a new paragraph (17.1). Pursuant to Code Section 28-9-5, the paragraph enacted by Ga. L. 2014, p. 745, § 1/HB 877 has been redesignated as paragraph (17.2).
Editor’s notes.
Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.”
Ga. L. 2020, p. 19, HB 861, contains two sections numbered as “2”. The language in the second Section 2 of the Act provided an effective date for the Act.
U.S. Code.
Provisions concerning the Transportation of Hazardous Materials are codified at 49 U.S.C. § 5101 et seq.
Law reviews.
For article surveying Georgia cases in the area of insurance from June 1977 through May 1978, see 30 Mercer L. Rev. 105 (1978).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).
For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 198 (2003).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 231 (2017).
For comment, “Death of the DUI: Should Autonomous Vehicles Be Considered Synonymous to Designated Drivers Under Georgia Law?,” see 70 Mercer L. Rev. 1113 (2019).

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