OCGA Chapter 40, Criminal Code of Georgia

40-1

40-2

40-3

40-4

40-5

40-6

40-7

40-8

40-9

40-10

40-11

40-12

40-13

40-14

40-15

40-16

 

Index

40-7-1 40-7-2 40-7-3 40-7-4 40-7-5 40-7-6
40-7

40-7-1.
This chapter shall be known and may be cited as the 'Off-Road Vehicle Act of 1975.'

40-7-2.
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The rapid increase in the use of off-road vehicles and their growing impact upon aspects of the public interest are matters of concern to the General Assembly and to the people of this state. Therefore, in order to promote the safe use of off-road vehicles, to protect the wildlife and natural resources of the state, and to guarantee the availability of various forms of recreation to all citizens in an environment of diversity and quality, this chapter is enacted.

40-7-3.
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As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes.

40-7-4.
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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 agent.

40-7-5.
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(a) Incorporated towns and municipalities and counties shall have the authority to adopt ordinances consistent with state laws or regulations to regulate time periods and zones of use for off-road vehicles.
(b) Agencies of state government shall have the authority to adopt rules and regulations to regulate time periods and zones for use for off-road vehicles on property under their jurisdiction or management.

40-7-6.
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All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $25.00.