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(15.5) '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. 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 Georgia, as in most states, the bicycle is legally a
"vehicle". This classification means that general vehicular traffic law applies
to the operation of a bicycle. However the vehicular code and various
regulations include many specific qualifications for specific classes of
vehicles. Wherever the code or regulation uses the phrase "vehicle" that section
applies to all vehicles, including bicycles. When the term "motor vehicle" is
used, that portion does not apply to bicycles. The following excerpts are those
subsections of the traffic law that deal specifically with bicycle operation.
GEORGIA CODE UNANNOTATED
40-6-290 G
*** GEORGIA CODE SECTION *** 10/14/96
40-6-290.
The provisions of this part applicable to bicycles shall
apply whenever a bicycle is operated upon a highway or upon any path set aside
for the exclusive use of bicycles, subject to those exceptions stated in this
part.
40-6-291.
The provisions of this chapter that apply to vehicles, but
not exclusively to motor vehicles, shall apply to bicycles, except that the
penalties prescribed in subsection (b) of Code Section 40-6-390,subsection (c)
of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not
apply to persons riding bicycles.
40-6-292.
(a) A person propelling a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto and shall allow no
person to ride upon the handlebars.
(b) No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped.
(c) No person shall transport a child under the age of one
year as a passenger on a bicycle on a highway, roadway, bicycle path, or
sidewalk; provided, however, that a child under the age of one year may be
transported on a bicycle trailer or in an infant sling so long as such child is
seated in the bicycle trailer or carried in an infant sling according to the
bicycle trailer's or infant sling's manufacturer's instructions, and the bicycle
trailer is properly affixed to the bicycle according to the bicycle trailer's
manufacturer's instructions or the infant sling is properly worn by the rider of
the bicycle according to the infant sling's manufacturer's instructions and such
child transported in a bicycle trailer or infant sling is wearing a bicycle
helmet as required under paragraph (1) of subsection (e) of Code Section
40-6-296.
(d) No child between the ages of one year and four years
shall ride as a passenger on a bicycle or bicycle trailer or be transported in
an infant sling unless the child is securely seated in a child passenger bicycle
seat, bicycle trailer, or infant sling according to the child passenger bicycle
seat's, bicycle trailer's, or infant sling's manufacturer's instructions and the
child passenger seat or bicycle trailer is properly affixed to the bicycle
according to the child passenger bicycle seat's or bicycle trailer's
manufacturer's instructions or the infant sling is worn according to the infant
sling's manufacturer's instructions.
(e) Violation of subsections (c) and (d) of this Code
section shall not constitute negligence per se nor contributory negligence per
se or be considered evidence of negligence or liability.
(f) No person under the age of 16 years failing to comply
with subsections (c) and (d) of this Code section may be fined or imprisoned.
40-6-293.
No person riding upon any bicycle, coaster, roller skates,
sled, or toy vehicle shall attach the same or himself to any vehicle upon a
roadway.
40-6-294.
(a) Every person operating a bicycle upon a roadway shall
ride as near to the right side of the roadway as practicable, except when
turning left or avoiding hazards to safe cycling, when the lane is too narrow to
share safely with a motor vehicle, when traveling at the same speed as traffic,
or while exercising due care when passing a standing vehicle or one proceeding
in the same direction; provided, however, that every person operating a bicycle
away from the right side of the roadway shall exercise reasonable care and shall
give due consideration to the other applicable rules of the road. As used in
this subsection, the term "hazards to safe cycling" includes, but is not limited
to, surface debris, rough pavement, drain grates which areparallel to the side
of the roadway, parked or stopped vehicles, potentially opening car doors, or
any other objects which threaten the safety of a person operating a bicycle.
(b) Persons riding bicycles upon a roadway shall not ride
more than two abreast except on paths or parts of roadways set aside for the
exclusive use of bicycles.
(c) Whenever a usable path has been provided adjacent to a
roadway and designated for the exclusive use of bicycle riders, then the
appropriate governing authority may require that bicycle riders usesuch path and
not use those sections of the roadway so specified by such local governing
authority. The governing authority may be petitioned to remove restrictions upon
demonstration that the path has become inadequate due to capacity, maintenance,
or other causes.
(d) Paths subject to the provisions of subsection (c) of
this Code section shall at a minimum 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, and such paths shall provide accessibility to
destinations equivalent to the use of the roadway.
(e) Electric assisted bicycles as defined in Code Section
40-1-1 may be operated on bicycle paths.
40-6-295.
No person operating a bicycle shall carry any package,
bundle, or other article which prevents him from keeping at least one hand upon
the handlebars.
40-6-296.
(a) Every bicycle when in use at nighttime shall be
equipped with a light on the front which shall emit a white light visible from a
distance of 300 feet to the front and with a red reflector on the rear of a type
approved by the Department of Public Safety which shall be visible from a
distance of 300 feet to the rear when directly in front of lawful upper beams of
headlights on a motor vehicle. A light emitting a red light visible from a
distance of 300 feet to the rear may be used in addition to the red reflector.
(b) Every bicycle sold or operated shall be equipped with a
brake which will enable the operator to make the braked wheels skid on dry,
level pavement.
(c) No bicycle shall be equipped or operated while equipped
with a set of handlebars so raised that the operator must elevate his hands
above his shoulders in order to grasp the normal steering grip area.
(d) No bicycle shall be equipped, modified, or altered in
such a way as to cause the pedal in its lowermost position to be more than 12
inches above the ground, nor shall any bicycle be operated if so equipped.
(e) (1) No person under the age of 16 years shall operate
or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the
jurisdiction or control of this state or any local political subdivision thereof
without wearing a bicycle helmet.
(2) For the purposes of this subsection, the term "bicycle
helmet" means a piece of protective headgear which meets or exceeds the impact
standards for bicycle helmets set by the American National Standards Institute
(ANSI) or the Snell Memorial Foundation. (3) For the purposes of this
subsection, a person shall be deemed to wear a helmet only if a helmet of good
fit is fastened securely upon the head with the straps of the helmet.
(4) No bicycle without an accompanying protective bicycle
helmet shall be rented or leased to or for the use of any person under the age
of 16 years unless that person is in possession of a bicycle helmet at the time
of the rental or lease.
(5) Violation of any provision of this subsection shall not
constitute negligence per se nor contributory negligence per se or be considered
evidence of negligence or liability.
(6) No person under the age of 16 failing to comply with
any provision of this subsection may be fined or imprisoned.
40-6-297.
(a) It shall be unlawful for any person to sell a new
bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or
such pedals are equipped with reflectors of a type approved by the Department of
Public Safety. The reflector on each pedal shall be so designed and situated as
to be visible from the front and rear of the bicycle during darkness from a
distance of 200 feet. The commissioner of public safety is authorized to
promulgate rules and regulations and establish standards for such reflectors.
(b) This Code section shall not apply to any bicycle
purchased prior to July 1, 1972, by a retailer for the purpose of resale.
40-6-298.
(a) It is a misdemeanor for any person to do any act
forbidden or fail to perform any act required in this part.
(b) The parent of any child and the guardian of any ward
shall not authorize or knowingly permit such child or ward to violate any of the
provisions of this part.
40-6-299.
The Board of Public Safety is authorized to promulgate
rules and regulations to carry this part into effect and is authorized to
establish regulations for any additional safety equipment or standards it shall
require for bicycles.
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