|
In
Georgia, as in most states, the bicycle is legally a "vehicle". This classification
means that general vehicular traffic law applies to the operation of a
bicycle. However the vehicular code and various regulations include many
specific qualifications for specific classes of vehicles. Wherever the
code or regulation uses the phrase "vehicle" that section applies to all
vehicles, including bicycles. When the term "motor vehicle" is used, that
portion does not apply to bicycles. The following excerpts are those subsections
of the traffic law that deal specifically with bicycle operation.
GEORGIA
CODE UNANNOTATED
40-6-290
G
*** GEORGIA CODE SECTION *** 10/14/96
40-6-290.
The
provisions of this part applicable to bicycles shall apply whenever a
bicycle is operated upon a highway or upon any path set aside for the
exclusive use of bicycles, subject to those exceptions stated in this
part.
40-6-291.
The
provisions of this chapter that apply to vehicles, but not exclusively
to motor vehicles, shall apply to bicycles, except that the penalties
prescribed in subsection (b) of Code Section 40-6-390,subsection (c) of
Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall
not apply to persons riding bicycles.
40-6-292.
(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, 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 and such child transported in a bicycle trailer or infant
sling is wearing a bicycle helmet as required under paragraph (1) of subsection
(e) of Code Section 40-6-296.
(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 bicycletrailer 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 may be fined or imprisoned.
40-6-293.
No
person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle
shall attach the same or himself to any vehicle upon a roadway.
40-6-294.
(a)
Every person operating a bicycle upon a roadway shall ride as near to
the right side of the roadway as practicable, except when turning left
or avoiding hazards to safe cycling, when the lane is too narrow to share
safely with a motor vehicle, when traveling at the same speed as traffic,
or while exercising due care when passing a standing vehicle or one proceeding
in the same direction; 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. As used in this subsection, the term "hazards to safe cycling"
includes, but is not limited to, surface debris, rough pavement, drain
grates which areparallel 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) Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles.
(c) Whenever a usable 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 usesuch 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 path has become inadequate due to capacity,
maintenance, or other causes.
(d) Paths subject to the provisions of subsection (c) 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 paths shall provide accessibility to destinations
equivalent to the use of the roadway.
(e) Electric assisted bicycles as defined in Code Section 40-1-1 may be
operated on bicycle paths.
40-6-295.
No person operating a bicycle shall carry any package, bundle, or other
article which prevents him from keeping at least one hand upon the handlebars.
40-6-296.
(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 red reflector on the rear of a type approved
by the Department of Public Safety which shall be visible from a distance
of 300 feet to the rear when directly in front of lawful upper beams of
headlights on a motor vehicle. A light emitting a red light visible from
a distance of 300 feet to the rear may be used in addition to the red
reflector.
(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 hands above
his shoulders in order to grasp the normal steering grip area.
(d) No bicycle shall be equipped, modified, or altered in such a way as
to cause the pedal in its lowermost position to be more than 12 inches
above the ground, nor shall any bicycle be operated if so equipped.
(e)(1) No person under the age of 16 years shall operate or be a passenger
on a bicycle on a highway, bicycle path, 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 helmet only if a helmet of good fit is fastened securely upon the head
with the straps of the 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 may be fined or imprisoned.
40-6-297.
(a) It shall be unlawful for any person to sell a new bicycle or a pedal
for use on a bicycle unless the pedals on such bicycle or such pedals
are equipped with reflectors of a type approved by the Department of Public
Safety. The reflector on each pedal shall be so designed and situated
as to be visible from the front and rear of the bicycle during darkness
from a distance of 200 feet. The commissioner of public safety is authorized
to promulgate rules and regulations and establish standards for such reflectors.
(b) This Code section shall not apply to any bicycle purchased prior to
July 1, 1972, by a retailer for the purpose of resale.
40-6-298.
(a) It is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this part.
(b) The parent of any child and the guardian of any ward shall not authorize
or knowingly permit such child or ward to violate any of the provisions
of this part.
40-6-299.
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.
|
|