Legal Commentary. This Georgia statute permits electric personal assistive mobility devices, such as an electric wheelchair, to be operated on highways, provided the maximum speed is 35 m.p.h. If the maximum speed limit is above 35 m.p.h. but there are bicycle lanes to be operated within, an electric personal assistive mobility device can be operated there too. If operated on highways, this statute provides the device is required to travel in the same direction of traffic, not against it. Georgia law provides that these electric personal assistive mobility devices can also be operated on sidewalks, provided pedestrians are still given the right of way.
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See the full text of the statute below:Section 40-6-320 Authorization to use Electric Personal Assistive Mobility Devices on Highways and Sidewalks; Restrictions on Use on Highway
(a) Electric personal assistive mobility devices may be operated on highways and on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities, provided that any person operating such a device shall have the same rights and duties as prescribed for pedestrians in Article 5 of this chapter and except as otherwise provided in this part.
(b) No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:
- The maximum speed limit of the roadway is 35 miles per hour or less; or
- The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane.
(c) When traveling on any roadway of a highway, a person operating an electric personal assistive mobility device shall travel in the same direction authorized for motor vehicle traffic on such roadway.
HISTORY: Code 1981, § 40-6-320, enacted by Ga. L. 2003, p. 308, § 4.