ATV Riding Laws – Georgia

Georgia ranks below states like California, Florida, and New York in terms of ATV accident fatalities, according to the Consumer Product Safety Commission. There were, however, 417 fatalities from 1982 to 2015. Nonetheless, the state does not have an agency that regulates the operation of all-terrain vehicles.

Under state law, it is illegal to operate an off-road vehicle that does not have working brakes or mufflers. Riders must also obtain the permission of a property owner or their agent, in writing, before they drive on private land. While the state doesn’t have an agency to regulate the general use of all-terrain vehicles, it does permit counties, incorporated towns, and other municipalities to adopt ordinances as needed. These must be consistent with state laws/regulations. Local laws can enforce rules on riding times and where vehicles can be used. State government agencies have this authority as well.

The state also prohibits ATVs from being driven on beaches or sand dunes. This law applies everywhere in the state unless an operator receives official authorization.

Georgia’s Definition of All-Terrain Vehicles

The definition is similar to that of other states, including low-pressure tires, steering handlebars, and a straddled seat. Georgia also divides ATVs into three classes. A Class I vehicle is 50 inches wide or less and has a dry weight of up to 1,200 pounds. It must have three or more tires and be capable of cross-country travel. A Class II all-terrain vehicle is at least 65 inches wide and weighs as much as 2,000 pounds, while a Class III vehicle can weigh up to 8,000 pounds.

Additional Restrictions

Georgia also penalizes ATV riders for driving within perennial streams, unless they cross it directly. Such a stream has flowing water all year long, a channel below the groundwater table, and is sourced by ground water and rainfall runoff. The rule was introduced in 2010.

In forest areas such as the Chattahoochee National Forest and the Oconee National Forest, riders are urged to stay on designated trails and are fined for damaging or disturbing land, wildlife, or vegetation. On certain trails, unlicensed vehicles may be operated. However, these are not advised to be driven on public or service roads.

An off-highway vehicle must also be operated on designated roadways and trails. Use on public roads and highways is illegal, per Title 40 of the Official Code of Georgia Annotated. Local governing authorities have the power to further restrict the use of all-terrain vehicles on roads and highways. It’s also forbidden for an individual under 15 years old to operate such a vehicle. One must have a valid driver’s license or permit to drive an ATV.

Laws have been put into place because of the increase in ATV use. The General Assembly, therefore, set out to protect matters of public interest, wildlife, and natural resources. The Georgia Code, the Off-Road Vehicle Act of 1975, is used as the general guideline for all-terrain vehicle law in the state.