Legal Commentary. This Georgia statute on electric personal assistive mobility devices details where and how the devices, such as an electric wheelchair, can be parked. Except for the following two specific allowances for parking an electric personal assistive mobility device, parking of the devices shall follow all Georgia laws on parking any vehicle.
The first specific allowance for parking an electric personal assistive mobility device is permission to park the device on a sidewalk, with two exceptions. The first exception is that parking of the device on the sidewalk cannot prevent movement of another wheelchair, although this does not state that the parking of the device shall not block pedestrian traffic. The second exception is that parking of the device on a sidewalk must not be where an ordinance has specified that it is prohibited on that specific sidewalk.
This Georgia law on parking of electric personal assistive mobility devices permits the devices to be parked on the roadways provided a legally parked vehicle can still move freely; for example an electric wheelchair can be parked in a parking lot but not behind a vehicle which is legally parked as that would prevent the vehicle from moving.
If a parking restriction of this Georgia Code Section or the Code Section applicable to all vehicles is violated, the owner of the electric personal assistive mobility device is deemed to be the person that violated the statute, regardless if another individual was operating the vehicle with or without the consent of the owner.
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See the full text of the statute below:Section 40-6-323 Parking
(a) An electric personal assistive mobility device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall an electric personal assistive mobility device be parked on any sidewalk in such a manner as to prevent the movement of a wheelchair.
(b) An electric personal assistive mobility device shall not be parked on any roadway in such a manner as to prevent the movement of a legally parked motor vehicle.
(c) Except as otherwise provided in this Code section, any person operating an electric personal assistive mobility device shall be subject to the same parking restrictions as provided for motor vehicles under Part 1 of Article 10 of this chapter. All violations of parking restrictions shall be deemed the responsibility of the owner of such device; and, for purposes of parking restrictions, the owner shall be deemed to be in control of the device at the time of a parking violation involving such device, and no evidence of actual control by such owner need be proven as an element of the offense.
HISTORY: Code 1981, § 40-6-323, enacted by Ga. L. 2003, p. 308, § 4.