2025 Georgia Codes – Page 236

40-1-1

Traffic laws - General definitions

Traffic laws - General definitions Amendedused in the transport of children over four years of age until July 1, 2012, provided that the bus is

Amended 2024
[Note: The 2024 amendment to this section consisted solely of technical, nonsubstantive corrections.]
As used in this title, the term:
(1) “Alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.
(2) “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in
urban districts and not intended for the purpose of through vehicular traffic.
(3) “All-terrain vehicle” means a motorized vehicle originally manufactured for off-highway use which is
equipped with three or more nonhighway tires, is 80 inches or less in width with a dry weight of 3,500
pounds or less, and is designed for or capable of cross-country travel on or immediately over land, water,
snow, ice, marsh, swampland, or other natural terrain.
(4) “Arterial street” means any U.S. or state numbered route, controlled-access highway, or other major radial
or circumferential street or highway designated by local authorities within their respective jurisdictions as
part of a major arterial system of streets or highways.
(5) “Authorized emergency vehicle” means a motor vehicle belonging to a public utility corporation or
operated by the Department of Transportation and designated as an emergency vehicle by the Department
of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to
a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor
vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an
emergency vehicle by one authorized to use it for that purpose.
(5.1) “Automated driving system” means the hardware and software that are collectively capable of perform-
ing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific
operational design domain.
(6) “Bicycle” means every device propelled by human power upon which any person may ride, having only
two wheels which are in tandem and either of which is more than 13 inches in diameter.
(6.1) “Bicycle lane” means a portion of the roadway that has been designated by striping, pavement mark-
ings, 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 per-
sonal 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.
(7) “Bus” means every motor vehicle designed for carrying more than ten passengers and used for the trans-
portation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation
of persons for compensation.
(8) “Business district” means the territory contiguous to and including a highway when within any 600 feet
along such highway there are buildings in use for business or industrial purposes, including but not limited
to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of
frontage on one side or 300 feet collectively on both sides of the highway.
(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:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross com-
bination weight of 4,536 kg (10,001 lbs.) or more;
(B) Is designed or used to transport more than eight passengers, including the driver, for compensation;
(C) Is designed or used to transport more than 15 passengers, including the driver, and is not used to trans-
port passengers for compensation; or
(D) Is used to transport material determined to be hazardous by the secretary of the United States Depart-
ment of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards
under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.
(9) “Controlled-access highway” means every highway, street, or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of access to or from the same except only
at such points and in such manner as may be determined by the public authority having jurisdiction over
such highway, street, or roadway.
(10) “Crosswalk” means:
(A) That part of a roadway at an intersection included within the connections of the lateral lines of the side-
walks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges
of the traversable roadway; or
(B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by
lines or other markings on the surface.
(11) “Dealer” means a person engaged in the business of buying, selling, or exchanging vehicles who has an
established place of business in this state.
(12) “Demonstrator” means any motor vehicle which has not been the subject of a sale at retail to the general
public but which has been operated on the roads of this state in the course of a motor vehicle dealer’s busi-
ness.
(13) “Divided highway” means a highway divided into two or more roadways by leaving an intervening
space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular
traffic.
(14) “Driver” means every person who drives or is in actual physical control of a vehicle.
(15) “Driver’s license” means any license to operate a motor vehicle issued in either a physical or electronic
format under the laws of this state.
(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 oper-
ate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of
destinations and waypoints, including without limitation:
(A) Lateral vehicle motion control via steering;
(B) Longitudinal motion control via acceleration and deceleration;
(C) Monitoring the driving environment via object and event detection, recognition, classification, and
response preparation;
(D) Object and event response execution;
(E) Maneuver planning; and
(F) Enhancing conspicuity via lighting, signaling, and gesturing.
(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.
(16) “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended
for the purpose of producing an explosion and which contains any oxidizing and combustive units or other
ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by
percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on con-
tiguous objects or of destroying life or limb.
(17) “Flammable liquid” means any liquid which has a flash point of 141 degrees Fahrenheit or less.
(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 for-
eign 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 percent grade (0.3 degree) com-
prising 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) “Gross weight” means the weight of a vehicle without load plus the weight of any load thereon.
(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).
(19) “Highway” means the entire width between the boundary lines of every way publicly maintained when
any part thereof is open to the use of the public for purposes of vehicular travel.
(20) “House trailer” means:
(A) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place or living abode
(either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
(B) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house
trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or tempo-
rarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commer-
cial purpose except the transportation of property for hire or the transportation of property for distribution
by a private carrier.
(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) “Implement of husbandry” means a vehicle designed and adapted exclusively for agricultural, horticul-
tural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case
not subject to registration if used upon the highways.
(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.
(22)(A) “Intersection” means the area embraced within the prolongation or connection of the lateral curb
lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another
at, or approximately at, right angles, or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(B) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of
such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event
such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate intersection.
(C) The junction of an alley with a street or highway shall not constitute an intersection.
(23) “Laned roadway” means a roadway which is divided into two or more clearly marked lanes for vehicular
traffic.
(24) “License” or “license to operate a motor vehicle” means any driver’s license or any other license or per-
mit to operate a motor vehicle issued in either a physical or electronic format under, or granted by, the laws
of this state, including:
(A) Any temporary license or instruction permit;
(B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;
and
(C) Any nonresident’s operating privilege as defined in this Code section.
(24.1) “Lightweight commercial vehicle” means a motor vehicle which does not meet the definition of a com-
mercial motor vehicle and which, in the furtherance of a commercial enterprise:
(A) Is used to transport hazardous materials in a type and quantity for which placards are not required in
accordance with the Hazardous Materials Regulations prescribed by the United States Department of Trans-
portation, Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by the commissioner of public
safety;
(B) Is used to transport property for compensation;
(C) Is used to transport passengers for compensation, other than a taxicab; or
(D) Is a wrecker or tow truck.
(24.2) “Limousine” has the same meaning as provided in paragraph (4) of Code Section 40-1-151.
(25) “Local authorities” means every county, municipal, and other local board or body having authority to
enact laws relating to traffic under the Constitution and laws of this state.
(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 manu-
factured 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) “Manufacturer” means a person engaged in the manufacture of vehicles and who has an established
place of business in this state. Pertaining to PTVs only, the term “manufacturer” also means any person
engaged in the manufacture of vehicles who does business in this state, including but not limited to any per-
son who makes modifications to a vehicle that are not approved by the original equipment manufacturer and
which may adversely affect the safe operation and performance of the vehicle.
(26.1) “Manufacturer headquarters” means the headquarters operation of:
(A) A manufacturer as defined in paragraph (26) of this Code section; or
(B) An affiliate of a person engaged in the manufacture of vehicles in this or any other state and which
operation is conducted primarily at an established place of business in this state.
(27) “Metal tire” means every tire of which the surface in contact with the highway is wholly or partly of
metal or other hard, nonresilient material. A vehicle shall be considered equipped with metal tires when
metal tires are used on two or more wheels.
(27.1) “Minimal risk condition” means a low-risk operating mode in which a fully autonomous vehicle oper-
ating 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) “Moped” means a motor driven cycle equipped with two or three wheels, with or without foot pedals to
permit muscular propulsion, and an independent power source providing a maximum of two brake horse-
power. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches
(50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall
be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers
per hour) on level road surface and shall be equipped with a power drive system that functions directly or
automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
(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.
(29) “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to
travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle,
and moped.
(30) “Motor driven cycle” means every motorcycle, with a motor which produces not to exceed five brake
horsepower, and every moped.
(31) “Motor home” means every motor vehicle designed, used, or maintained primarily as a mobile dwelling,
office, or commercial space.
(32) Reserved.
(33) “Motor vehicle” means every vehicle which is self-propelled other than a personal delivery device, an
electric assisted bicycle, or an electric personal assistive mobility device (EPAMD).
(33.1) “Multipurpose off-highway vehicle” means any motorized vehicle having features specifically intend-
ed for utility use and having the following characteristics:
(A) Has the capability to transport persons or cargo or both;
(B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per hour (104.6 kilometers
per hour);
(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of accessories or attachments;
(D) Is designed to travel on four or more wheels;
(E) Uses a steering wheel for steering control;
(F) Contains a nonstraddle seat;
(G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and
(H) Has a minimum cargo capacity of 350 pounds (159 kilograms).
(34) “New motor vehicle” means any motor vehicle which is not a demonstrator and has never been the sub-
ject of a sale at retail to the general public.
(35) “Nonresident” means every person who is not a resident of this state.
(36) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this
state pertaining to the operation by such person of a motor vehicle or the use of a vehicle owned by such per-
son in this state.
(37) “Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with
this title which are placed or erected by authority of a public body or official having jurisdiction for the pur-
pose of regulating, warning, or guiding traffic.
(37.1) “Operational design domain” means a description of the specific operating domains in which an auto-
mated 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.
(38) “Operator” means any person who drives or is in actual physical control of a motor vehicle or who
causes a fully autonomous vehicle to move or travel with the automated driving system engaged.
(39) “Owner” means a person, other than a lienholder or security interest holder, having the property in or
title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a secu-
rity interest in or lien by another person but excludes a lessee under a lease not intended as security except as
otherwise specifically provided in this title.
(40) “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporar-
ily for the purpose of and while actually engaged in loading or unloading property or passengers.
(41) “Passenger car” means every motor vehicle, except all-terrain vehicles, motorcycles, motor driven
cycles, multipurpose off-highway vehicles, personal transportation vehicles, and low-speed vehicles,
designed for carrying ten passengers or less and used for the transportation of persons.
(42) “Pedestrian” means any person afoot.
(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) “Person” means every natural person, firm, partnership, association, corporation, or trust.
(43.1) “Personal delivery device” means a powered vehicle that utilizes an automated driving system to trans-
port 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:
(A) Requests or receives the delivery or services of a personal delivery device;
(B) Arranges for or dispatches the requested services of a personal delivery device; or
(C) Stores, charges, or maintains a personal delivery device.
(43.3) “Personal delivery device owner” means a person, individual, firm, company, association, corpora-
tion, 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:
(A) Any motor vehicle having no fewer than three wheels and an unladen weight of 1,300 pounds or less
and which cannot operate at more than 20 miles per hour if such vehicle was authorized to operate on local
roads by a local authority prior to January 1, 2012. Such vehicles may also be referred to as “motorized
carts” in such local ordinances; and
(B) Any motor vehicle:
(i) With a minimum of four wheels;
(ii) Capable of a maximum level ground speed of less than 20 miles per hour;
(iii) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
(iv) Capable of transporting not more than eight persons.
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 mobil-
ity for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose
off-highway vehicle.
(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.
(44) “Pneumatic tire” means every tire in which compressed air is designed to support the load. A vehicle
shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels.
(45) “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the
towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as beams between the supporting connec-
tions.
(46) “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for viola-
tions of traffic regulations.
(47) “Private road or driveway” means every way or place in private ownership and used for vehicular traffic
by the owner and those having express or implied permission from the owner, but not by other persons.
(48) “Railroad” means a carrier of persons or property upon cars operated upon stationary rails.
(49) “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or
official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a
railroad train.
(50) “Railroad train” means a steam engine or electric engine or other motor, with or without cars coupled
thereto, operated upon rails.
(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.
(51) “Residential district” means the territory contiguous to and including a highway not comprising a busi-
ness district, when the property on such highway for a distance of 300 feet or more is improved with resi-
dences or residences and buildings in use for business.
(52) “Right of way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference
to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as
to give rise to danger of collision unless one grants precedence to the other.
(53) “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel,
exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term
“roadway” shall refer to any such roadway separately, but not to all such roadways collectively.
(54) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone.
(55) “School bus” means:
(A) A motor vehicle operated for the transportation of school children to and from school or school activities
or for the transportation of children to and from church or church activities. Such term shall not include a
motor vehicle with a capacity of 15 persons or less operated for the transportation of school children to and
from school activities or for the transportation of children to and from church or church activities if such
motor vehicle is not being used for the transportation of school children to and from school or any vehicle
used for the transport of students to and from school and school related activities pursuant to Code Section

40-1-3

Permitting unlawful vehicle operation

Requiring or permitting unlawful operation

It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to
require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law.
Chapter 2
Registration and Licensing of Motor Vehicles