Legal Question in Traffic Law in Georgia

Re: ''Go-Peds'' are they legal?

1. Go-peds are motor vehicles and drivers of go-peds are required to be licensed to drive on streets and highways.

"322.03 Drivers must be licensed; penalties.--

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter."

"322.01 Definitions.--As used in this chapter:

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(26) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.

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(38) 'Street or highway' means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic."

A go-ped does not meet the definition of a motorized bicycle.

2. In my opinion, your son was not driving on a street or highway, and therefore did not require a driver's license. However,

"316.1995 Driving upon sidewalk or bicycle path. -- No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."

"316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section."

Therefore, in my opinion, your son was guilty of driving on a sidewalk, but not operating a motor vehicle without a license (driving on a sidewalk is less serious) or careless driving, since he was not on a street or highway. You would not be guilty of allowing a minor to drive for the same reason. It would be best for you to obtain a lawyer to present this argument to the judge. My experience is that most people, including those in the legal profession, don't know much about the mo-ped/go-ped provisions. It is common for even knowledgable people to think that no license is required to operate a mo-ped.

I hope this is helpful. My toll-free number is (877)993-1700, if you have any other questions.

Dan