Georgia Bicycle Laws

Legal Commentary. The Georgia laws that govern cycling and bicycle safety are the most specific guidelines for legal bike operation in Georgia. Of course, there are many other statutory rules of the road, DOT guidelines, public safety regulations and related laws that are not specifically limited to bicycles, but cover all vehicles. If you consider hiring a Georgia bicycle injury and cycling accident attorney, he should have a thorough understanding of the below statutes, as well as the caselaw interpreting applicability of the law to a particular bike accident.

Bicycle operation in Georgia should be a safe, environmentally-friendly means of recreation and transportation. However, automobile driver ignorance or indifference to the rights of cyclists and bikers can create dangerous traffic situations. These statutes protect cyclists from such drivers, and they also protect some dangerous cyclists from themselves.

Too often, the victim of a cycling accident or a child who suffers serious injury such as severe head, neck or spine injuries or even wrongful death because of the negligent acts or omissions of someone in a vehicle, does not understand the laws protecting cyclists in Georgia.

We offer a free confidential consultation, to cyclists who have been injured in an accident. To set up your free consultation, send the firm a message online or call toll-free at 866-972-5287 or in Atlanta at 770-717-5100. As an experienced bicycle accident lawyer, Charles Scholle has represented catastrophically injured people and bereaved families for nearly two decades, building a strong record of successes.

Legal Commentary. This Georgia bicycle statute legally establishes that the Georgia laws governing bicycles and bike operational safety are applicable whether the operator of the bicycle is driving on a highway, city street or established bicycle path. This may seem self-evident, but as a Dekalb County Georgia bike injury lawyer, I believe the distinction is important. If a cyclist is injured by a fellow cyclist, it will be important for the victim of a bicycle accident to establish negligence against the offending bicyclist. Violation of a state law does that. If the accident happens outside of a highway or thoroughfare, you would not want the offending cyclist to claim that the safety laws did not apply to the location where the injury occurred. This statute clarifies this point, and leaves no doubt to all Georgia cyclists about how to operate in any venue.

See the full text of the statute below:

The provisions of this part applicable to bicycles shall apply whenever a bicycle is operated upon a highway, upon a bicycle lane, or upon any bicycle path set aside for the exclusive use of bicycles, subject to those exceptions stated in this part.

HISTORY: Code 1933, § 68A-1201, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2011, p. 426, § 3/HB 101.

Georgia bicycle law prohibiting person from riding on handlebars

Legal Commentary. This Georgia bicycle statute prohibits a bike operator from failing to properly sit on his seat or allowing a passenger to ride on the handlebars. As an Atlanta Georgia bicycle and cycling injury lawyer, I have handled many cases involving bicycle injuries and death throughout Georgia. However, I have never handled a case in which a passenger has been injured in this fashion. Moreover I have never heard of anyone being charged with a violation of this law. Most Georgia bicycle drivers and riders understand the hazards of such conduct, particularly in Atlanta traffic.

Subsections (c) and (d) of O.C.G.A. § 40-6-292 prohibit the transportation of children below the age of four (4) years, except that the child may be seated as a passenger in a statutorily authorized restraint and safety apparatus. For a child under the age of one (1), the statute authorizes a “trailer or sling”. For a child between one (1) and four (4) years of age, this statute authorizes “bicycle seat, trailer or infant sling.” These seats, slings or trailers must be utilized in accordance with the manufacturer’s instructions. I have no idea how an officer who stops an offending driver would be able to determine whether or not one of these devices was being used pursuant to such instructions. I suppose the officer would just make a judgment call. If it looked like a dangerous situation, he could cite the driver or rider or at least require that they act properly before proceeding.

Subsection (e) of O.C.G.A. § 40-6-292 seems to limit the right of a tortfeasor to “blame the victim” of a biking accident in trying to use subsections (c) or (d) as a means to allege that a bicycle operator was contributorily negligent for an accident if he or she technically did not abide by these subsections. This makes sense. A victim of a bicycle accident or a child who suffers serious injury or wrongful death through the fault of someone in a vehicle, should not be blamed simply because an insurance adjuster or lawyer can obtain a copy of the user’s guide for a particular bike harness or safety seat and blame the parent or adult for not properly securing a child.

See the full text of the statute below:

(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, bicycle lane, 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.

(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 shall be fined or imprisoned.

HISTORY: Ga. L. 1973, p. 471, § 8; Code 1933, § 68A-1203, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 1993, p. 518, § 2; Ga. L. 2011, p. 426, § 3/HB 101.

Legal Commentary. This Georgia bicycle statute ostensibly protects Georgia riders by requiring them to “know their place” on Georgia roadways. This can have serious implications if a Georgia bicycle rider is a victim of a cycling accident or a child suffers serious injury or wrongful death from a bicycle accident.

Under this law, Georgia bicycle riders are required to stay as far to the right as is practicable, except under certain circumstances, such as turning left or to avoid hazards. Because cyclists are allowed to ride on paved shoulders, there is always the argument that an injured rider could have been more to the right if they were on the roadway at all. not only can a bicycle rider be cited by law enforcement for violation of this statute, but such a statue can be used to deny an injured rider compensation from the operator of a motor vehicle who causes an accident. This is because the negligent motorist can use any violation of this statute to claim that the cyclist was negligent themselves. Under Georgia law, if such a driver can show that the cyclist’s negligence was equal to his own, he can win a civil case.

The statute also includes a provision that bicycle riders cannot ride more than two together, side by side. See the full text below:

(a) As used in this Code section, the term “hazards to safe cycling” includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel 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) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:

1. Turning left;
2. Avoiding hazards to safe cycling;
3. The lane is too narrow to share safely with a motor vehicle;
4. Traveling at the same speed as traffic;
5. Exercising due care when passing a standing vehicle or one proceeding in the same direction; or
6. There is a right turn only lane and the person operating the bicycle is not turning right;

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.

(c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit issued by a local governing authority permits riding more than two abreast.

(d) Whenever a usable bicycle 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 use such bicycle 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 bicycle path has become inadequate due to capacity, maintenance, or other causes.

(e) Bicycle paths subject to the provisions of subsection (d) 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 bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway.

(f) Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway.

(g) Electric assisted bicycles may be operated on bicycle paths.

HISTORY: Ga. L. 1973, p. 471, § 6; Code 1933, § 68A-1205, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 1992, p. 1546, §§ 1, 2; Ga. L. 1995, p. 271, § 1; Ga. L. 1996, p. 236, § 2; Ga. L. 2011, p. 426, § 3/HB 101.

Legal Commentary. This Georgia bicycle statute governs the required headgear for bicycle riders in Georgia. Essentially, the Georgia bicycle helmet law provides that everyone under the age of sixteen (16) years must wear a ANSI compliant helmet. If you are over 16, then you do not have to wear a bicycle helmet in Georgia. Moreover, there are no criminal penalties for failing to wear a helmet. Subsection (d)(6) makes it clear that no person under 16 years of age can be fined or imprisoned. However, when read in conjunction with O.C.G.A. § 40-6-297, it is possible that a parent could be charged with a misdemeanor of failing to equip their child with a bicycle helmet.

As an Atlanta Georgia bicycle and cycling injury lawyer, I would worry more about how a negligent motorist might blame the cyclist, even a child, for not wearing a helmet. Subsection (d)(5), however, provides that the failure to wear a helmet shall not be considered negligent on the part of the cyclist. Therefore, a child injured in a serious Atlanta bicycle accident should not be judged negligent himself or herself for the failure to wear proper headgear. This is similar to the law concerning seatbelts.

Subsections (a)(b) and (c) provide the Georgia law with respect to the necessity of a required bike light for nighttime bicycle operation, a proper brake and the prohibition of “Ape” or “Ape Hanger” high bicycle handlebars. These high handlebars are extremely dangerous and have caused several deaths nationwide. Most states now ban such high handlebars.

The full text of the law is set forth below:

(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 light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle.

(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 or her hands above the operator’s shoulders in order to grasp the normal steering grip area.

(d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, 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 bicycle helmet only if a bicycle helmet of good fit is fastened securely upon such person’s head with the straps of such bicycle 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 shall be fined or imprisoned.

HISTORY: Ga. L. 1973, p. 471, § 5; Code 1933, § 68A-1207, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 1993, p. 518, § 3; Ga. L. 2000, p. 951, § 5A-7; Ga. L. 2005, p. 334, § 18-10/HB 501; Ga. L. 2011, p. 426, § 3/HB 101.

Legal Commentary. The Georgia Department of Public Safety is the state agency responsible for adopting Georgia Bicycle rules and regulations concerning safety equipment. As an attorney who has handled many Georgia bicycle injury and death cases, please follow the law and wear the proper gear.

We offer a free confidential consultation, to cyclists who have been injured in an accident. To set up your free consultation, send the firm a message online or call toll-free at 866-972-5287 or in Atlanta at 770-717-5100. As an experienced bicycle accident lawyer, Charles Scholle has represented catastrophically injured people and bereaved families for nearly two decades, building a strong record of successes. See the text of the statute below:

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.

HISTORY: Ga. L. 1973, p. 471, § 12; Code 1933, § 68A-1209, enacted by Ga. L. 1974, p. 633, § 1; Code 1981, § 40-6-299; Ga. L. 1990, p. 2048, § 5; Code 1981, § 40-6-298, as redesignated by Ga. L. 2011, p. 426, § 3/HB 101.