Legal Commentary. Georgia law on Mopeds, as defined in O.C.G.A. § 40-1-1(28), is not very inclusive. A moped as defined is “a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.”
In Georgia, there are several actions required of a moped operator. The first is the all moped operators must have a valid driver’s license or permit. In addition to a driver’s license or permit, all moped operators must have a commissioner approved helmet or if the moped operator is wearing an approved motorcycle helmet that will suffice as well. All passengers on mopeds riding in the State of Georgia must also have a commissioner helmet approved for mopeds.
Unlike the above parts of the Georgia law on mopeds, some of the Code Sections are more lenient on the requirements for a moped than a motorcycle. For example, Section 40-6-350 specifically states mopeds are not required to have headlights and taillights to be on at all times; there is no requirement for a windshield on a moped; and there is no requirement for eye-protective devices for the moped operator.
Georgia laws on mopeds grant several State of Georgia commissioners with the power to approve helmets, make standards for mopeds, prohibit the mopeds from Georgia’s public roads and highways if public safety is endangered, and to make public rules and regulations regarding mopeds.
Although these Code Sections cover mostly mopeds, these statutes also include the Georgia law on electric assisted bicycles, as defined in O.C.G.A. § 40-1-1(15.5). Georgia laws on electric assisted bicycles permit operation on public roads and highways provided the operator is 15 years or older, however no driver’s license or permit is required for the operator of an electric assisted bicycle.
If you consider hiring a Georgia attorney to handle your moped accident or motor vehicle accident, the attorney should be thoroughly read in Georgia laws and knowledgeable of the Georgia case law in regards to moped devices and electric assisted bicycles. As an experienced vehicle accident lawyer, Charles Scholle has represented catastrophically injured people and bereaved families for nearly two decades, building a strong record of successes. We are a law firm that handles serious motor vehicle accident cases, and we provide a free initial confidential consultation to accident injury victims. 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.