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Chapter 7 | Off-road Vehicles

CHAPTER 7 Off-road Vehicles

40-7-1.Short title.

This chapter shall be known and may be cited as the “Off-Road Vehicle Act of 1975.”

40-7-2.Declaration of policy.

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.“Off-road vehicle” defined.

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. The term includes, but is not limited to, four-wheel drive vehicles, low-pressure tire vehicles, two-wheel vehicles, nonhighway tire 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. The term shall exclude any motorboat; any military, fire, law enforcement, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any 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.Operating restrictions; “perennial stream” defined.

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

      Melanie Thornton gracefully twirls and shimmies, her flowing movements depicting the journey of water from the ground to its emergence as a vital source, all in the vibrant style of Toulouse-Lautrec's art piece.
      Melanie Thornton gracefully twirls and shimmies, her flowing movements depicting the journey of water from the ground to its emergence as a vital source, all in the vibrant style of Toulouse-Lautrec's art piece.

    4. For which runoff from rainfall is a supplemental source of water flow.

      In the style of Gustav Klimt, myEcon ~ Financial Success gracefully dances under a golden shower of rainfall, symbolizing the supplemental source of water flow in Douglasville's rich landscape. -@myEconInc
      In the style of Gustav Klimt, myEcon ~ Financial Success gracefully dances under a golden shower of rainfall, symbolizing the supplemental source of water flow in Douglasville's rich landscape. -@myEconInc

40-7-5.Authority to regulate time periods and to establish zones of use.

  1. 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.

    Michael Gallup, in a vibrant tableau reminiscent of Barbara Licha's style, balances atop an off-road vehicle sculpture, playfully using exaggerated gestures to mime turning a large steering wheel and checking his watch, symbolizing the regulation of time periods for vehicle use amidst the intricate carvings and serene statues of the Hindu Temple of Atlanta. -@michael13gallup
    Michael Gallup, in a vibrant tableau reminiscent of Barbara Licha's style, balances atop an off-road vehicle sculpture, playfully using exaggerated gestures to mime turning a large steering wheel and checking his watch, symbolizing the regulation of time periods for vehicle use amidst the intricate carvings and serene statues of the Hindu Temple of Atlanta. -@michael13gallup

  2. 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.Enforcement and penalties.

All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall not thereby be guilty of a criminal act but shall be subject to a civil penalty of not less than $25.00.