Georgia Moped Laws (Section 40-6-350 to 40-6-354)

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.

Georgia Moped Law (O.C.G.A. § 40-6-350)

Legal Commentary. This Georgia statute, similar to the Georgia statute on low speed vehicles in O.C.G.A. § 40-6-360, provides that moped operators receive all the same rights and are subject to all the same duties of other drivers in Georgia except the following requirements for motorcycles in the respective Georgia statutes:

Moped operators are not required for headlights and taillights to be on at all times for motorcycles in O.C.G.A. § 40-6-312
Commissioner approved windshield are not required on a moped as required on motorcycles under O.C.G.A. § 40-6-315(b)
Commissioner approved eye-protective devices are not required by moped drives as required on motorcycle operators under O.C.G.A. § 40-6-315(a)

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. See full text below:

Section 40-6-350 Applicability of Chapter to Mopeds; Exceptions

Every person operating a moped shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application. However, the operator of a moped shall not be required to comply with subsection (e) of Code Section 40-6-312, relating to headlights and taillights, or subsection (b) of Code Section 40-6-315, relating to windshields and eye-protective devices.

HISTORY: Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5.

Georgia Moped Law on Underage Operators and Requirement for Driver’s Licenses or Permit (O.C.G.A. § 40-6-351)

Legal Commentary. Under Georgia law, no operator under the age of 15 years old is allowed to operate a moped or an electric assisted bicycle on Georgia public roads or highways. All operators of mopeds on Georgia public roads and highways are required, similar to Georgia motorcycle laws, to have with them while operating the moped either a valid driver’s license or either of the two permits listed in this Section 40-6-351.

This Georgia statute specifically covers operators of an electric assisted bicycle from being required to have a license or permit that is required of moped or motorcycle operators. 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.

See full text below:

Section 40-6-351 No Person Under 15 to Operate Moped or Electric Assisted Bicycle on Public Roads and Highways; Driver’s License or Permit Required for Operation Of Moped but not for Assisted Bicycle

No person under 15 years of age shall operate a moped or an electric assisted bicycle upon the public roads and highways of this state. No person shall operate a moped upon the public roads and highways of this state unless he or she shall have in his or her possession a valid driver’s license, instructional permit, or limited permit issued to him or her pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instructional permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the public roads and highways of this state. No license or permit shall be required for the operation of an electric assisted bicycle.

Georgia Moped Helmet Law (O.C.G.A. § 40-6-352)

Legal Commentary. This Georgia statute outlines the requirements for helmets for operators and passengers on mopeds in the State of Georgia. Helmets for Georgia’s moped operators and passengers are required to be approved by the Georgia commissioner of public safety. Subsection (a) of this Georgia statute grants the Georgia commissioner with the ability to establish the standard and requires that the commissioner consider three things when establishing the standard: size, speed and operational characteristics of mopeds. This subsection distinguishes between helmets for mopeds, electric assisted bicycles and motorcycles. Unlike for a motorcycle, the standards are lower for a moped likely due to the speed difference between the two. This Georgia moped helmet law does permit a moped operator or passenger to wear a motorcycle approved helmet and for that to comply with the commissioner’s helmet requirements for a moped.

Subsection (a) also covers the helmet required for an electric bicycle operator. Unlike moped operators or passengers complying with the moped helmet law by wearing a motorcycle helmet, this law requires an electric bicycle operator in Georgia to wear a helmet meeting the standards of either of two standards mentioned in last sentence of this subsection.

This Georgia moped helmet law’s subsection (b) gives the commissioner authorization to approve or disapprove the helmets of moped operators and to issue regulations establishing standards and specifications for the operator’s helmet. Moped operators can find the approved helmets, by name and type, for moped operators on a list published in print by the commissioner.

Section 40-6-352 Requirement of Approved Protective Headgear for Drivers and Passengers

(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation’s Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.

(b) The commissioner of public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish in print or electronically lists by name and type of all protective headgear which have been approved by him or her.

HISTORY: Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 1996, p. 236, § 4; Ga. L. 2000, p. 951, § 5A-10; Ga. L. 2005, p. 334, § 18-14/HB 501; Ga. L. 2010, p. 838, § 10/SB 388.

Authorization to Prohibit Operation of Mopeds on Public Roads and Highways (O.C.G.A. § 40-6-353)

Legal Commentary. This Georgia statute grants two commissioners, that of public transportation or local governing authorities, with the ability to prohibit mopeds from operating public roads and highways within the commissioner’s jurisdiction if the moped on the public road or highway endangers public safety.

Section 40-6-353 Authorization to Prohibit Operation of Mopeds on Public Roads and Highways

The commissioner of transportation or local governing authorities having jurisdiction over public roads and highways may prohibit the operation of mopeds on public roads and highways within their jurisdiction if it is determined that such operation endangers the safety of the traveling public.

HISTORY: Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5.

Georgia Moped Rules and Regulations to be Promulgated by Georgia Public Safety Department (O.C.G.A. § 40-6-354)

Legal Commentary. This Georgia statute grants the commissioner of public safety the ability to make rules and regulations public for mopeds. Section 40-6-354 also gives the same commissioner the authorization to establish regulations on moped safety equipment and operating standards.

Section 40-6-354 Authorization to Promulgate Rules and Regulations

The commissioner of public safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds.

HISTORY: Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 2000, p. 951, § 5A-11; Ga. L. 2005, p. 334, § 18-15/HB 501.

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