# Question about riding atv's in town



## sghoghunter

I live in a real small town in South Ga and about a month ago my daughter got caught riding my 4wheeler in town and the cop wrote her two tickets. One was operating an atv without insurance and one for operating an atv without a tag. Has anyone had anything like this before? The two tickets combined is $750. We went to court and was advised that they could lessen the ticket to where it won't have points on her license but the fine stays the same. We pled not guilty and have another court date Jan 9 and was advised to talk to the chief of police before then


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## riverbank

We were stopped on a dirt road, not raising Cain or anything, just easing along. He was nice about it and just said not to be doing it anymore because it is illegal. If it's illegal on a dirt road I would surely imagine it's illegal in town. I also had a guy tell me to put one of those orange triangle things on it that you see on the back of tractors and I would be fine. But I don't know if that really makes it legal or not don't take my word for it. Haha. 750$ seems pretty dang steep though.


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## Josey

Illegal on public roads in Georgia.  That includes county maintained dirt roads, and roads through WMAs or National Forest.  It has to be a street legal vehicle with tag, lights, insurance, etc.  Plus, you have to have a motorcycle license.

Even when it snows, and you get out your ATV and ride around your neighborhood, you are breaking the law.  However, in that case, I doubt many cops would write you a ticket.

The orange triangle reflector might make it legal if you were actually using it for farm work.  Like pulling a trailer or hauling something from farm to farm.  That is generally legal for tractors.  But joy riding isn't farm work.


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## NOYDB

sghoghunter said:


> I live in a real small town in South Ga and about a month ago my daughter got caught riding my 4wheeler in town and the cop wrote her two tickets. One was operating an atv without insurance and one for operating an atv without a tag. Has anyone had anything like this before? The two tickets combined is $750. We went to court and was advised that they could lessen the ticket to where it won't have points on her license but the fine stays the same. We pled not guilty and have another court date Jan 9 and was advised to talk to the chief of police before then



If you put a tag on it then you have/had to pay tax on it and have to follow laws for operating vehicles on public roads. Not sure about insurance to operate an ATV on public roads. Check with your co if it requires a separate policy or is in any way covered on you car or homeowner policy. And who would be covered.


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## kmckinnie

I would not do that anymore.


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## NE GA Pappy

Josey said:


> But joy riding isn't farm work.



Officer,  I am riding over to the other rented pasture to ride the fence line and make sure there is not a broken place in the fence.


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## riverbank

NE GA Pappy said:


> Officer,  I am riding over to the other rented pasture to ride the fence line and make sure there is not a broken place in the fence.


Bingo


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## sghoghunter

Another thing that's crazy is that it's legal to ride golf carts,rangers and razers but not anything that you sit across a seat.


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## sghoghunter

I also have trail camera pics of the same cop going in and out of a lil two path behind my house and staying for an 1 1/2 hrs multiple times and yes it's posted too. I hunt on one side of the road and talked to the chief about them not riding back there during hunting season. Guess I'll have to print off the pics and take them when I talk to him again


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## Throwback

Don't know if it has been updated since but here is the state attorney generals opinion on the issue 

http://law.ga.gov/opinion/2007-3

It's a motor vehicle and is subject to the same laws as any other motor vehicle


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## Throwback

NE GA Pappy said:


> Officer,  I am riding over to the other rented pasture to ride the fence line and make sure there is not a broken place in the fence.



"Bring proof to trial"


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## Milkman

I think for golf carts and such it has to be an area posted 25 mph or less. Many subdivisions are post that way.


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## oops1

Just generating revenue.. Carry on


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## Grub Master

I assume the law is written so cars and trucks don'tt have to share the road with unlicensed and uninsured vehicles and maybe driven by unlicensed drivers.


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## meatseeker

I would do my homework on this. In order to break a law there has to be a law. If the ticket was for no tag then go to the tag office and ask for one. Likely you want get one because they can't sell you one. But how can you be in accordance with the law you broke when you can't correct the problem? Do you see where I'm going with this. (And our county sold us tags for our atvs for over ten years and then one year just quit)and as far as the commioners "opinion" it's just that. Tractors fall in the motorized category yet they are legal and require no insurance. Unless something has changed since 2008 and it might have, I got stopped by the state patrol on state hay 60. He said it was illegal to ride on the highway. I told him to write me a ticket if there was a law against it and asked what the code was. He was mad but I didn't get a ticket. This may have changed since then I don't know.  Just saying it's not illegal for me to paint my house brown unless they pass a law saying it is. Just saying


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## Throwback

meatseeker said:


> I would do my homework on this. In order to break a law there has to be a law. If the ticket was for no tag then go to the tag office and ask for one. Likely you want get one because they can't sell you one. But how can you be in accordance with the law you broke when you can't correct the problem? Do you see where I'm going with this. (And our county sold us tags for our atvs for over ten years and then one year just quit)and as far as the commioners "opinion" it's just that. Tractors fall in the motorized category yet they are legal and require no insurance. Unless something has changed since 2008 and it might have, I got stopped by the state patrol on state hay 60. He said it was illegal to ride on the highway. I told him to write me a ticket if there was a law against it and asked what the code was. He was mad but I didn't get a ticket. This may have changed since then I don't know.  Just saying it's not illegal for me to paint my house brown unless they pass a law saying it is. Just saying



And that was all answered in the link I provided with code sections provided


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## GA native

I would say that you are in the wrong. You can't tag an ATV in GA. You can't insure it. 

A cop caught me riding my dirt bike on the street when I was 14. He made me push that sucker all the way home. No ticket, pushing that bike 2 miles with a cop following me was punishment enough I guess.


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## Throwback

I should add that some counties have county
Ordinances against riding atv's/dirt bikes on the roadway/ditch/right of way


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## jimbo4116

NE GA Pappy said:


> Officer,  I am riding over to the other rented pasture to ride the fence line and make sure there is not a broken place in the fence.



Officer's response.  Put it on a trailer to transport it or get a tag and insurance.


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## meatseeker

Throwback said:


> And that was all answered in the link I provided with code sections provided



Code describes what an atv is not that it's illegal


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## sghoghunter

Throwback said:


> Don't know if it has been updated since but here is the state attorney generals opinion on the issue
> 
> http://law.ga.gov/opinion/2007-3
> 
> It's a motor vehicle and is subject to the same laws as any other motor vehicle



How can it be subject to the same law as a motor vehicle when you can't get insurance nor tag for an ATV? I could see maybe a no helmet like for a motorcycle or maybe some kind other kind of crazy hidden law.


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## meatseeker

Throwback said:


> I should add that some counties have county
> Ordinances against riding atv's/dirt bikes on the roadway/ditch/right of way



Why would a county need an ordinance against riding on the road if it is already illegal to do so. Not trying to argue. Just asking for a code saying it is illegal to ride an atv on the highway


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## sghoghunter

GA native said:


> I would say that you are in the wrong. You can't tag an ATV in GA. You can't insure it.
> 
> A cop caught me riding my dirt bike on the street when I was 14. He made me push that sucker all the way home. No ticket, pushing that bike 2 miles with a cop following me was punishment enough I guess.



Oh I know she was in the wrong but why write a ticket for no tag or insurance when you can't get neither one on an ATV. Also why can you ride rangers on public roads and be legal?


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## meatseeker

sghoghunter said:


> Oh I know she was in the wrong but why write a ticket for no tag or insurance when you can't get neither one on an ATV. Also why can you ride rangers on public roads and be legal?



I can't post it. But
Code 40-7-3 and 4 says off road vehicles are required to have working brakes and a muffler to be operating on a highway. If you have no brakes or a muffler then yes you broke the law.


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## Josey

sghoghunter said:


> Oh I know she was in the wrong but why write a ticket for no tag or insurance when you can't get neither one on an ATV. Also why can you ride rangers on public roads and be legal?



The ticket was essentially for riding a non-street legal motorized vehicle on the street.  It wasn't really for simply missing a tag.

You can't get a tag on a vehicle that is not legal to drive on the street.  Did you see a Ranger that you mention on the street?  Did it have a tag?  If not, then it was illegal.  There are tons of offroad motorcycles that are not street legal, and illegal to ride on the road.  You cannot put tags on them.

However, some cities, like Peachtree City have local ordinances that allow golf carts on streets in town.  I don't know if they require tags, but that is a local issue - not a state issue.


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## meatseeker

sghoghunter said:


> How can it be subject to the same law as a motor vehicle when you can't get insurance nor tag for an ATV? I could see maybe a no helmet like for a motorcycle or maybe some kind other kind of crazy hidden law.



I would say you answered your own question


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## sghoghunter

Josey said:


> The ticket was essentially for riding a non-street legal motorized vehicle on the street.  It wasn't really for simply missing a tag.
> 
> You can't get a tag on a vehicle that is not legal to drive on the street.  Did you see a Ranger that you mention on the street?  Did it have a tag?  If not, then it was illegal.  There are tons of offroad motorcycles that are not street legal, and illegal to ride on the road.  You cannot put tags on them.
> 
> However, some cities, like Peachtree City have local ordinances that allow golf carts on streets in town.  I don't know if they require tags, but that is a local issue - not a state issue.



Well why wasn't the ticket wrote for a non street legal vehicle then? What I'm getting at is how can you write a ticket for something that you can't get in the first place?


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## NE GA Pappy

jimbo4116 said:


> Officer's response.  Put it on a trailer to transport it or get a tag and insurance.



if you have the orange triangle on it, and are using it for farm purposes, wouldn't that be legal to use it that way?

What would the difference be in that, and using a UTV side by side or a golf cart?


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## jimbo4116

NE GA Pappy said:


> if you have the orange triangle on it, and are using it for farm purposes, wouldn't that be legal to use it that way?
> 
> What would the difference be in that, and using a UTV side by side or a golf cart?



It is really a gray area as to what is allowed for what class of vehicle.  

The only definitive definition is "low speed vehicles" which can only operate on streets or roads with a speed limit of 35 MPH or less. Must have a SMV emblem and a Flashing Amber Light front and back

UTVs are defined by size but not by speed.  

The "Off Road Vehicle Act of 1975" seems to be just a vague reference to take pressure off politicians.

All and all it is confusing.  But I can say that I see 4-wheelers with Tags and Street tires on the streets and hiways fairly regularly.  However there is no where that says you can get a tag/title for one.

In the end the LEO usually has no qualms writing up a ticket even though there may be no crime.  The OP should demand a jury trial over $750 fine.  That is excessive.  Usually the DA drops such cases.


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## meatseeker

jimbo4116 said:


> It is really a gray area as to what is allowed for what class of vehicle.
> 
> The only definitive definition is "low speed vehicles" which can only operate on streets or roads with a speed limit of 35 MPH or less. Must have a SMV emblem and a Flashing Amber Light front and back
> 
> UTVs are defined by size but not by speed.
> 
> The "Off Road Vehicle Act of 1975" seems to be just a vague reference to take pressure off politicians.
> 
> All and all it is confusing.  But I can say that I see 4-wheelers with Tags and Street tires on the streets and hiways fairly regularly.  However there is no where that says you can get a tag/title for one.
> 
> In the end the LEO usually has no qualms writing up a ticket even though there may be no crime.  The OP should demand a jury trial over $750 fine.  That is excessive.  Usually the DA drops such cases.



There you go. Again unless your city or county passed an ordinance against it you can. I have been stopped by numerous GSP with no tag helmet or anything. None wrote a ticket. I had brakes and muffler so I was covered. 
To the op:check the area you got the ticket to see if there is an ordinance. If not the ticket isn't worth the paper it's wrote on.


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## northgeorgiasportsman

Grub Master said:


> I assume the law is written so cars and trucks don'tt have to share the road with unlicensed and uninsured vehicles and maybe driven by unlicensed drivers.



What about bicyclists?  Unlicensed, untagged, uninsured and sharing the road with cars and trucks all the time.


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## Throwback

northgeorgiasportsman said:


> What about bicyclists?  Unlicensed, untagged, uninsured and sharing the road with cars and trucks all the time.



 Not a motor vehicle


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## northgeorgiasportsman

Throwback said:


> Not a motor vehicle



Yes, but every bit a liability on the roads as an ATV.


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## jigman29

Used to be able to get a tag and insurance up here and could ride on dirt roads only. That went away several years ago. We have triangles on ours for use around the pastures but cant operate tham but within a certain distance from home.


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## Josey

sghoghunter said:


> Well why wasn't the ticket wrote for a non street legal vehicle then? What I'm getting at is how can you write a ticket for something that you can't get in the first place?



That is a question for the cop.  I have no idea why he did what he did.  Maybe he wrote it incorrectly.  I just know that it is illegal to drive a motorized vehicle on a public road, paved or dirt, without a tag on it (except for farm vehicles doing farm duty).  And you can't buy a tag for a vehicle that is not classified as being street legal.  Happens all the time when people try to buy a tag for an offroad motorcycle that isn't classified as street legal.


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## meatseeker

Josey said:


> That is a question for the cop.  I have no idea why he did what he did.  Maybe he wrote it incorrectly.  I just know that it is illegal to drive a motorized vehicle on a public road, paved or dirt, without a tag on it (except for farm vehicles doing farm duty).  And you can't buy a tag for a vehicle that is not classified as being street legal.  Happens all the time when people try to buy a tag for an offroad motorcycle that isn't classified as street legal.



Wrong. Again nobody can post a code where it's illegal. This was already went through in our county. Research it if you like. Fannin county. The issue was even in the paper. Off road vehicle act of 1975.Read it. Everybody wants to say they know it's not legal but nothing to back it up. It was researched here for the exact reason the op posted and it was found that there was No law against it. Period. Now a city can add an ordinance like Atlanta did that makes it illegal(section 3 article III of chapter 150 of the city of Atlanta code)to ride them but There is no state law against it.


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## Josey

meatseeker said:


> Wrong. Again nobody can post a code where it's illegal. This was already went through in our county. Research it if you like. Fannin county. The issue was even in the paper. Off road vehicle act of 1975.Read it. Everybody wants to say they know it's not legal but nothing to back it up. It was researched here for the exact reason the op posted and it was found that there was No law against it. Period. Now a city can add an ordinance like Atlanta did that makes it illegal(section 3 article III of chapter 150 of the city of Atlanta code)to ride them but There is no state law against it.



Then I guess the OP should just print out this thread, go hand it to the judge, then walk away, scot-free, after the judge apologizes.


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## Jeffriesw

GA native said:


> I would say that you are in the wrong. You can't tag an ATV in GA. You can't insure it.
> 
> A cop caught me riding my dirt bike on the street when I was 14. He made me push that sucker all the way home. No ticket, pushing that bike 2 miles with a cop following me was punishment enough I guess.



Same thing happened to me, when I was 14 or 15.
However, i was hard headed and had to learn the lesson twice. The second time was by the same officer and he was not near as nice that time. For my stupidity, I was awarded 2 tickets. 1 for no valid tag and the second for no insurance.

There was not a third time.


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## meatseeker

Josey said:


> Then I guess the OP should just print out this thread, go hand it to the judge, then walk away, scot-free, after the judge apologizes.



No this thread won't hold up in a court of law.  But if he prints out the codes and takes them that will hold water. And it would be the offficer that owes him an apology not the judge. 
The reason no one can post a code against it is there is not one. This has already been through our court system here appeals and all. And it was found that it was legal. But officers know that most folks will just pay the fine and stay off the roads.


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## Josey

meatseeker said:


> No this thread won't hold up in a court of law.  But if he prints out the codes and takes them that will hold water. And it would be the offficer that owes him an apology not the judge.
> The reason no one can post a code against it is there is not one. This has already been through our court system here appeals and all. And it was found that it was legal. But officers know that most folks will just pay the fine and stay off the roads.



I was being sarcastic about taking this thread to court.

Below is what I found on the Off Road Vehicle Act.  Now I see what you were saying about brakes and mufflers being the controlling factor.  Seems like it was either enacted as a sly and intentional loophole, or those who wrote it and signed it into law were idiots.

Kind of like the helmet law.  It must be an "approved helmet".  Trouble is, there is no "approved list", so technically, a do-rag, bandana or ball cap worn on the head is perfectly legal for motorcycles on the street.

Off-Road Vehicle Act of 1975
40-7-1.
This chapter shall be known and may be cited as the 'Off-Road Vehicle Act of
1975.
40-7-2.
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.
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.
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.
(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.
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.


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## meatseeker

I knew it was sarcasm. Exactly on the helmet. Same with seat belts. Don't have to wear them when farming. Got a ticket in town. Went like this. 
Judge. How do you plead?
Me. Not guilty
Judge were you wearing your seat belt
Me.  No sir
Judge asked GSP and he said I wasn't wearing it
Judge sir how are not guilty?
Me I was farming 
Judge in town?
Me yes picking up roll of barb wire. Showed him the code. Which only says farming is exempt
GSP (who was irate) well if you were going a half mile down the road that would be different 
Me what is the cut off distance. Half mile 7/10. 4 miles
Judge there is no specifics in the law as to what point your not farming

Judge through it out. I would just hate to see the op get burned so badly. Ain't right.
It would have helped if I knew how to post the codes but I ain't sure how


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## meatseeker

Josey said:


> I was being sarcastic about taking this thread to court.
> 
> Below is what I found on the Off Road Vehicle Act.  Now I see what you were saying about brakes and mufflers being the controlling factor.  Seems like it was either enacted as a sly and intentional loophole, or those who wrote it and signed it into law were idiots.
> 
> Kind of like the helmet law.  It must be an "approved helmet".  Trouble is, there is no "approved list", so technically, a do-rag, bandana or ball cap worn on the head is perfectly legal for motorcycles on the street.
> 
> Off-Road Vehicle Act of 1975
> 40-7-1.
> This chapter shall be known and may be cited as the 'Off-Road Vehicle Act of
> 1975.
> 40-7-2.
> 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.
> 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.
> 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.
> (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.
> 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.



Thanks for posting that


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## Josey

I haven't found the code, and don't really feel like searching for it, but I would think there is _something_ that states that motorized vehicles on public roads must have a tag.

I sure could have used the lack of such when I got a ticket for driving a friend's car to get enough accumulated data on her ECU after I fixed the problem and cleared the CEL codes (you cannot pass an emission test right after you clear the CEL codes).  Got pulled over for an expired tag, explained to the cop what I was doing, and he wrote me up.  At least I made her pay my ticket, since it wasn't my fault that she let her tag expire when it wouldn't pass the emission test, and all I was doing was trying to help her get legal again with a tag.

Yeah - all of this junk is just one tax after another, nickeling us every which way, for revenue generation. .  It's disgusting.


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## xlr8ngn

May have got the tickets instead of a warning because you called his boss about the parking?  Not saying that is what happened but just be aware if anything else happens.


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## rospaw

Someone can chime in about a Ga law that makes it legal to operate a golf cart (maybe other motored items) on the roadway. I think if the posted speed limit is less that 40mph, Lights/blinkers on cart, carts top speed is less than 30mph from factory. You can drive it on the road as long as you are a lic driver? My numbers could be off but the basic info is correct. Does this sound right?

Have a call into someone that knows and will get back to this after he calls.


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## donald-f

sghoghunter said:


> Oh I know she was in the wrong but why write a ticket for no tag or insurance when you can't get neither one on an ATV. Also why can you ride rangers on public roads and be legal?



A golf cart or ranger must have brake lights, blinkers, headlights and horn to be legal on highways with a speed limit of I think 35 MPH with a licensed driver.
Insurance and tag not required.
Here in Covington you must have a permit on front and rear that you get from court house. The cost for this I am not sure, something like 15 dollars.


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## Gaducker

You can operate a 50 cc or less moped without a tag or liscence or insurance.


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## Throwback

If nothing else this thread should educate people why hiring an attorney (who is knowledgeable about the subject matter) is important.


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## Atlanta Dawg

Answer:  Pay Fine and Stay Out Of Town With ATV.....Many of us are very fortunate not to have been caught moving from camp to the hunting area where you drive a short distance on a dirt county maintained road or even cross it for that matter.  As a group we don't need this elevated to become an overall issue.   Too bad she got caught-but .... it is what it is !!


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## Throwback

meatseeker said:


> Thanks for posting that



That's The Old code section


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## jimbo4116

Throwback said:


> That's The Old code section



You are wrestling with the pigs, old friend.


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## Josey

Throwback said:


> If nothing else this thread should educate people why hiring an attorney (who is knowledgeable about the subject matter) is important.



Probably the best answer as of yet.  Not that a lawyer will necessarily know, but pay one a nice chunk of money, and he/she will find you the correct answer.

It is quite obvious that in general, cops do not necessarily know all of the laws they are paid to enforce (don't get me started on Cartersville cops).  Internet searches don't necessarily give you the proper answer.  And asking for legal advice on internet forums is not something to rely on when it comes down to your money and your record.


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## PappyHoel

Throwback said:


> Don't know if it has been updated since but here is the state attorney generals opinion on the issue
> 
> http://law.ga.gov/opinion/2007-3
> 
> It's a motor vehicle and is subject to the same laws as any other motor vehicle



I see what you're saying but has anyone tried to register an ATV.  They won't and you also don't get a title.  You used to be able to about 15 years ago.


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## KDarsey

Really, the bottom line is that  ATVs are not legal on public roads. If they were there would be hundreds out there on every road.
 I do remember some I have seen that have stickers & warnings on them that state....OFF ROAD USE ONLY...
 Argue/Discuss all you want....it is illegal.
I do believe the fines are a little harsh. 
Every one usually knows what their respective county will tolerate...as in ... 'let it slide one time'


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## Atlanta Dawg

Time for a cost vs benefit analysis!! 

Fine = $750-and Done..

Attorney Fees ?   Probably a fine of some type-maybe reduced from $750 to what ?  Let's say by 50% to $375-then add attorney's fees......of.......$300 ?

Perhaps a consultation with an attorney in that area-from that town....would tell you if it could be settled out of court.....etc....

Personally-----I'd suck it up and pay the $750----perhaps the judge would reduce the fine.....perhaps not.......

Advice worth considering...regardless of the outcome....going forward....don't go into town riding an ATV or other unlicensed form of transportation powered by an engine or motor !!

(Still not a Lawyer-nor do I play one on TV)!! (However-I know several and none of them provide any free advice-even to friends)!!


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## meatseeker

Throwback said:


> That's The Old code section[/QUOTE
> So if that is the old old code then clarify by posting the new code. The one on the first page you posted said the "old code was the one to use"  and he said it was his opinion that it should fall under the chapter 6 title 40. Which says all that is needed is working brakes and a muffler. never said they were illegal. hey if I'm wrong I'll admit it. But if your sure please post a code that makes it illegal


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## meatseeker

Throwback said:


> If nothing else this thread should educate people why hiring an attorney (who is knowledgeable about the subject matter) is important.


Just to clarify. This was researched by our county attorney and was found to be legal.  That is why I said unless it has changed it was not illegal. And when the forestry service was fighting about the atvs on the forest service roads former Attorney General Thurbert Baker issued a letter declaring "the operation of Atvs on public roads does not violate Georgia law" in 2005. This was when they were trying to pass a bill to sell tags for atvs to generate revenue and to make them legal to ride on "state and federal parkland". Notice state and parks because it was legal elsewhere. But most people aren't aware of that I'm sure. It didn't pass. I think they tried for 5 or 6 years.


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## jimbo4116

meatseeker said:


> just to clarify. This was researched by our county attorney and was found to be legal.  That is why i said unless it has changed it was not illegal. And when the forestry service was fighting about the atvs on the forest service roads former attorney general thurbert baker issued a letter declaring "the operation of atvs on public roads does not violate georgia law" in 2005. This was when they were trying to pass a bill to sell tags for atvs to generate revenue and to make them legal to ride on "state and federal parkland". Notice state and parks because it was legal elsewhere. But most people aren't aware of that i'm sure. It didn't pass. I think they tried for 5 or 6 years.



u.c.o.g. § 40-2-8 -


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## rospaw

jimbo4116 said:


> u.c.o.g. § 40-2-8 -



"(b)(1) Any vehicle operated in the State of Georgia which is required to be registered" 

ATV's are not "required to be registered" ?


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## SASS249

As interesting as much of this discussion has been, it also points out the dangers of looking at certain things out of context.  

Breaking this down as below:  An ATV is classified as a motor vehicle and is subject to the Uniform Rules of the Road.  All motor vehicles operated on public roads must be registered unless they are a tractor or three wheel motorcycle used only for agricultural purposes, as well as a few other minor exemptions.  All registered motor vehicles must be covered by insurance to operate on a public road.
There are many things we ride on that cannot be registered, but that does not change the fact that to use them on public roads they must be registered.  Many dirt bikes and ATVs are not street legal, may not be registered, but are still classified as a motor vehicle.

*First question*:  Is the ATV a motor vehicle governed by the Uniform Rules of the Road as set forth in Chapter 6 of Title 40 of Georgia Code.
*Answer*: Yes based on an official opinion of the Attorney General that can be found here:	

http://law.ga.gov/opinion/2007-3

*Next Question*:  Is registration required to operate it on a public road.
*Answer*:  Yes   Georgia Code § 40-2-20.  Registration and license requirements; extension of registration period; penalties; two-year registration option for new motor vehicles 

   (a) (1) (A) Except as provided in subsections (b) and (d) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period.
An exception is made for tractors and three-wheeled motorcycles used only for agricultural purposes
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;

*Next Question:* are you required to have insurance to operate on a public road?
*Answer*: Yes   Georgia Code § 33-34-4.  Owner required to provide coverage 

   No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under Chapter 9 of Title 40, the "Motor Vehicle Safety Responsibility Act."

HISTORY: Code 1981, § 33-34-4, enacted by Ga. L. 1991, p. 1608, § 1.12.


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## treemanjohn

I'm in pigeon forge and I just saw a Toyota forklift driving down  the road with a Tennessee state trooper 2 cars behind him. Not a care in the world.


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## Atlanta Dawg

treemanjohn said:


> I'm in pigeon forge and I just saw a Toyota forklift driving down  the road with a Tennessee state trooper 2 cars behind him. Not a care in the world.



Construction, farm equipment, etc.....are not the issue....the issue was a person operating an ATV in a town.....


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## Nicodemus

On Topic Forum, folks. 

Check the sticky at the top of the page....


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## Patriot44

Being from SC, riding 4-wheelers down the highways at top speeds is an epidemic and we are now starting to see it in GA. A friend of mine's son was almost taken out a few weeks ago. with someone riding wide open with the lights off.

Where my wife is from in WV, it is common to see 4-wheelers on the roads, mostly side by sides now. The difference is you don't see them acting a fool.

That all said, from personal experience, the cops are cracking down because of the idiots flying around at night wide open. It is merely cause and effect as far as I am concerned.


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## ccbiggz

I was pulled over in Montgomery county by a State Trooper for driving one of those Japanese mini trucks on the road. He made us park it and walk back to town. 

I was pretty sure I was in the wrong when I took off in it, but he confirmed that for me shortly after I turned out on to the highway.


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## Redbow

ATV's are a problem everywhere but I'm glad the laws have been strengthened here in NC about riding them on the streets and highways, and also trespassing on the property of others with them..In less than one year near our area we had two kids killed and one paralyzed for life while riding on the highway illegally..Finally the cops stepped in and stopped a lot of this mess. The parents of the dead and injured kids ought to be in jail IMO..

You had to know that riding on the streets and highways of Georgia was illegal also yet you complain about getting caught and the fines imposed..Seems to me you have no-one to blame but yourself for this..


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## sghoghunter

Redbow said:


> ATV's are a problem everywhere but I'm glad the laws have been strengthened here in NC about riding them on the streets and highways, and also trespassing on the property of others with them..In less than one year near our area we had two kids killed and one paralyzed for life while riding on the highway illegally..Finally the cops stepped in and stopped a lot of this mess. The parents of the dead and injured kids ought to be in jail IMO..
> 
> You had to know that riding on the streets and highways of Georgia was illegal also yet you complain about getting caught and the fines imposed..Seems to me you have no-one to blame but yourself for this..



I know it illegal to ride them on the highway and I'm not trying to say it isn't. What I'm saying is how can someone get a ticket for something that you can't get in the first place. That's like getting a speeding ticket while you deer hunting.


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