2016 Georgia Motorcyle Lawbook

LAWBIKE.COM PRESENTS:
THE MOTORCYCLE LAWBOOK
A GUIDE TO MOTORCYCLE LAWS, INSURANCE, AND
HANDLING ACCIDENT, DAMAGE, AND INJURY CLAIMS
2016
GEORGIA MOTORCYCLIST EDITION
BY: CHARLES W. WATWOOD JR.
AND
ROBERT W. McNALLY*
ATTORNEYS AT LAW
*also licensed in Florida
Cover Art By Ric Elias, Thunder Road Studios
Copyright © 2016 by Charles W Watwood Jr.
All rights reserved.
This book, or parts thereof, may not be reproduced in any form
without permission from Charles W. Watwood, Jr; exceptions are
made for brief excerpts used in published reviews.
Published by
Full Throttle USA Publishing
PO Box 30, Powder Springs GA 30127
Printed in the United States of America
INTRODUCTION
I created this book to help motorcyclists better understand
the motorcycle laws in the State of Georgia. I wanted to
create awareness among the motorcycling community as to
our rights and responsibilities so that we can protect our
passengers, our loved ones, and ourselves in the event of a
motorcycle accident. Now in its sixth edition, this book
contains information that should be useful for all
motorcyclists, from the potential new rider, to the seasoned
veteran rider. As we riders become more educated and
informed as to the laws and processes, we will be in a better
position to influence the direction of new legislation that
can impact our rights as motorcyclists.
Protecting your rights begins before a crash occurs. This
book will help you to make the right decisions for your
situation. After reading this book, the information gap
between you and the insurance company will be smaller.
Arming yourself with more knowledge will help your ability
to negotiate a fair settlement with the insurance company.
The information in this book may help you to determine
when you need to consult an attorney.
Ride Safe,
Chuck Watwood
(770) 650-0016
chuckwatjd@aol.com
www.LawBike.com
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Photo: Up Side Down by Steve Jurvetson
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TABLE OF CONTENTS
PART 1 – Georgia Motorcycle Laws and You
5 1-1 – Helmet Laws, Use of Headsets, Eye Protection, and Other Required Clothing
13 1-2 – Nationwide Helmet Laws
15 1-3 – Noise Ordinances and Exhaust Regulations
17 1-4 – Handlebar Height
19 1-5 – Passengers
21 1-6 – Wheelies, Burnouts, Racing, and Other ‘Bad’ Motorcycle Behavior
24 1-7 – What Constitutes a Motorcycle
25 1-8 – Scooters, Mopeds, and Other Motorized Vehicles Having Less Than 4 Wheels
27 1-9 – Georgia Good Samaritan Law
29 1-10 – Lighting, Turn Signals, Horns, Auxiliary Lamps, Flashers, and Mirrors
32 1-11 – Proper Display of the Motorcycle License Plate
33 1-12 – Building and Registering a Custom Motorcycle
45 1-13 - Peach Pass Toll Lanes and the Motorcyclist
46 1-14 – State Motorcycle Inspections and Motorcycle Emissions Inspections
47 1-15 – Lane Sharing, Lane Splitting, and Other Traffic Laws Unique to Motorcyclists
49 1-16 – Age, Training, and Licensing Requirements
52 1-17 – DUI and the Motorcyclist
55 1-18 – Guns and the Motorcyclist
57 1-19 - Move Over Laws for Bicyclists, Emergency Vehicles, and Tow Trucks
58 1-20 – Motorcycle Lemon Laws
59 1-21 – Text Messaging and Laws
60 1-22 - Nitrous Oxide and Motorcycles
PART 2 – Insurance Coverage to Protect Yourself, Your Family, Your
Possessions, Your Money, and Your Motorcycle
62 2-1 – State Minimum Coverage
64 2-2 – Full Coverage, Liability, Collision, Comprehensive, Medpay, and Umbrella
67 2-3 – Uninsured Motorist Coverage – More Important Than You Realize!
70 2-4 – GAP Insurance and How it Works
PART 3 – You or Someone You Know Has Been In a Collision – Now What?
72 3-1 – Short Overview of the Process - Some “What TO Do’s” and “What NOT To Do’s”
76 3-2 – Do I Need a Lawyer?
77 3-3 – Wrecks Involving Animals, Loose or Uneven Pavement, Road Contaminants
79 3-4 – Who Determines Fault?
81 3-5 – Fixing Yourself – Medical Care, Chiropractic Care, Physical Therapy, Etc.
83 3-6 – Fixing Your Bike – The Dealership Repair Process and Total Loss Compensation
88 3-7 – Getting Fairly Compensated for Your Injury, Lost Wages, Pain & Suffering, Etc.
89 3-8 – When to Settle and When to Litigate
91 3-9 – Who Gets What After a Settlement
92 Photo Credits
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PART 1
Georgia Motorcycle Laws and You
4
1-1 – Helmet Laws, Use of Headsets, Eye Protection,
and Other Required Clothing
Photo: Mirrored Helmet by Superde1uxe
Helmets:
D.O.T. APPROVED HELMETS ARE REQUIRED IN
GEORGIA.
Georgia requires protective headgear for both passengers
and riders of motorcycles and trikes, regardless of age or
insurance coverage, unless they are riding within an
enclosed cab. According to the Official Code of Georgia
Annotated (O.C.G.A.) §40-6-315 (sections a and d):
(a)
No person shall operate or ride upon a
motorcycle unless he or she is wearing
protective headgear, which complies with
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standards established by the commissioner of
public safety.
(d)
The commissioner of public safety is
authorized to approve or disapprove
protective headgear and eye-protective devices
required in this code section and to issue and
enforce regulations establishing standards and
specifications for the approval thereof. The
commissioner shall publish lists of all
protective headgear and eye-protective devices
by name and type, which have been approved
by it.
It appears that no list of approved protective headgear to
guide Georgia motorcyclists exists, thus the statute must be
interpreted by case law and the rules and regulations
promulgated by the Georgia Board of Public Safety.
Helmet Case Law:
In Ritter v. State, 258 Ga. 551 (1988), the helmet law was a
valid exercise of police power having relation to public
health, safety, and welfare. Defendant did not have
standing to challenge the statute as unconstitutionally vague
on the ground that it did not give motorcyclist reasonable
notice of the type of headgear that had to be worn, where
defendant wore no helmet, and thus engaged in conduct
which the statute clearly proscribes.
In Dowis v. State, 243 Ga.App. 354 (2000), the defendant
was convicted for operating a motorcycle without statutorily
required headgear, lacked standing to assert vagueness as a
challenge to the constitutionality of the statute, though it
might be debatable whether certain types of headgear
complied with the standards established by the Board of
Public Safety, where it was absolutely clear that defendant’s
headgear, which consisted of only a cloth bandana, did not
comply with its standards.
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In ABATE of Georgia, Inc. v. Georgia, 264 F.3d 1315 (2001),
it was determined that the Georgia statute was not
unconstitutionally vague, did not violate any First
Amendment rights, and did not violate an equal protection
right of motorcycle riders. The statute does not require the
Board of Public Safety to approve specific types of headgear;
however, it authorized promulgation of standards, which in
turn required manufacturers to affix permanent labels
(DOT) to complying headgear.
Helmet Standards:
Pursuant to the authority granted by the statute, the
Georgia Board of Public Safety has promulgated rules and
regulations that establish standards for headgear. See
Georgia’s Administrative Code (Ga. Comp. R. & Regs.) 57013-.01 thru 570-13-.10. These regulations define technical
standards that acceptable headgear must satisfy. The
regulations also require among other things:
570-13-.01
(1)
Scope. Future reference to standards as
for specifications, statue or regulations will be
the current version of the United States
Department of Transportation, National
Highway Traffic Safety, Federal Motor Vehicle
Safety Standards; Motorcycle Helmets. This
will permit automatic adjustment to future
revisions or improvements in the standards.
These specifications and test methods apply to
protective headgear for wear by drivers and
passengers of surface vehicles and specifically
exclude eye and face protective devices.
(2)
Purpose. This standard specifies
minimum performance criteria and test
methods, performed under fixed conditions,
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for protective headgear designed to mitigate
the adverse effects of a blow to the head.
(3)
Requirements. Tests are conducted of
the protective headgear assembly to ascertain
compliance, under specific environmental
conditions, with the following requirements:
(a)
Impact attenuation properties of the
protective headgear;
(b)
Penetration resistance;
(c)
Strength of the retention system and its
attachments.
570-13-.03
(1)
General. A protective headgear will
consist of a hard, smooth outer surface
containing the necessary means of attenuating
impact energy and resisting penetration.
Optional devices fitted to the protective
headgear shall be so designed that they are
unlikely to cause injury to the wearer in the
event of an accident.
(2)
Impact. A motorcycle helmet must
exhibit a minimum level of shock absorbency
upon impact with a fixed, hard object.
(3)
Projections. The assembled headgear
shall have no rigid projections inside the shell
and shall limit those outside the shell to those
needed to operate essential accessories. An
external protrusion may not be more than .20
inch.
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(4)
Retention. The retention system shall
be so constructed that when properly fastened,
the protective headgear cannot be readily
dislodged from its normal position on the
wearer's head during impact conditions.
(5)
Peripheral Vision. The protective
headgear shall provide peripheral visual
clearance of a minimum of 105 degrees
peripheral vision to either side of the
midsagittal plane (the middle of the face).
570-13-.05
Every protective headgear offered for sale
shall have durable labeling permanently
affixed to each helmet, which will include the
following:
(a)
Manufacturer’s name of identification;
(b)
Precise model designation;
(c)
Size;
(d)
Month and year of manufacture;
(e)
A certification of compliance with the
standard, the DOT symbol;
(f)
The labeling requirements also provide
that the manufacturer must supply the
purchaser information concerning shell and
liner composition, cleaning instructions, and
warnings to make no modifications, and to
have the helmet checked by the manufacturer
or destroyed if it experiences a severe blow.
This additional information may be conveyed
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on a tag attached to the helmet, or by other
appropriate means.
Georgia’s helmet law has survived appeals
court cases, though it does not give a precise
description of protective headgear.
The
Georgia courts may decide if protective
headgear equipment complies with the
applicable standards (DOT).
Headsets or Headphones:
Motorcyclists may wear headsets or headphones for
communication purposes only while operating a motorcycle.
O.C.G.A. §40-6-250. The use of an IPod or similar musiconly device is prohibited under this section, as it would
impair a person’s ability to hear.
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Eye Protection:
Eye protection is highly recommended but not required by
law when a windshield is used on a motorcycle. O.C.G.A.
§40-6-315. The Public Safety Commissioner determines
what is considered acceptable Eye-Protective Device or
EPD. Eyeglasses, sunglasses, goggles, or a shield affixed to
a helmet which has the predominant purpose of protecting
the eyes and begins no higher than the tip of the nose are
acceptable EPDs as long as they do not violate the
additional rules below. Ga. Comp. R. & Regs. 570-12-.02
Eye protection shall not impair the wearer’s ability to
discern color, so orange or yellow lenses may violate this
rule. Ga. Comp. R. & Regs. 570-12-.06. Tinted glasses
transmitting less than 85% of light shall not be worn at
night. Ga. Comp. R. & Regs. 570-12-.06. Contact lenses do
not suffice as eye protection. Ga. Comp. R. & Regs. 570-12.01.
Lenses must be at least 3 square inches each,
minimum of 2 inches wide and minimum of 1.5 inches tall.
Ga. Comp. R. & Regs. 570-12-.03. Prescription glasses that
meet these requirements are acceptable or may be worn
underneath protective goggles or shields as long as they do
not disturb the adjustment of the protective lenses. Ga.
Comp. R. & Regs. 570-12-.03.
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EPDs that are manufactured to comply with the
requirements of the standards shall have the manufacturer’s
name information and compliance code on the EPD. Ga.
Comp. R. & Regs. 570-12-.10. Note that this applies only to
EPDs that were manufactured to comply with the
requirements. Those EPDs that do comply, even though
they were not manufactured with the intent of compliance,
are still acceptable without any markings as long as they
meet the guidelines for approval under Ga. Comp. R. &
Regs. 570-12-.01 through Ga. Comp. R. & Regs. 570-12-.10.
Other Required Clothing:
O.C.G.A. §40-6-311(e) states:
No person shall operate or ride upon a
motorcycle unless he shall wear some type of
footwear in addition to or other than socks.
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1-2 – Nationwide Helmet Laws
This list is current as of December 2015. Laws do change, so
please verify the current status of the helmet laws in states
where you travel when you or your passenger choose to not
wear a helmet.
STATE
LAW
CITATION
ALABAMA
REQUIRED
§32-5A-245
ALASKA
REQUIRED
(IF UNDER 18)
REQUIRED
(IF UNDER 18)
REQUIRED
(IF UNDER 21)
REQUIRED
§28.35.245
§42-4-1502
DELAWARE
REQUIRED
(IF UNDER 18)
REQUIRED
(IF UNDER 18)
REQUIRED (up to 19)
all riders
must have a helmet in their possession
Title 21 Ch41 §4185
D.C.
REQUIRED
DCMR §18-2215.3
FLORIDA
REQUIRED with insurance req.
(IF UNDER 21) differs under 50cc
REQUIRED
§316.211
§286-81
LOUSIANA
REQUIRED
(IF UNDER 18)
REQUIRED
(IF UNDER 18)
NO MOTORCYCLE
HELMET LAW
REQUIRED
(IF UNDER 18)
NO MOTORCYCLE
HELMET LAW
REQUIRED
(IF UNDER 18)
REQUIRED
(If under 21 or novice)
REQUIRED
MAINE
REQUIRED (If under 18 or novice or
§29-A – 2083
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
§28-964
§27-20-104
Veh. C. §27803
Ch 248 §14-289g
§40-6-315
§49-666
NO MOTORCYCLE
HELMET LAW
§9-19-7-1
NO MOTORCYCLE
HELMET LAW
§8-1598
§189.285
§32:190
passenger of under 18 or novice rider)
MARYLAND
REQUIRED
§21-1306
MASSACHUSETTS
REQUIRED
§90-7
MICHIGAN
REQUIRED with med insurance req.
(If under 21 or novice)
REQUIRED
(IF UNDER 18)
§257.658
MINNESOTA
§169.974
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STATE
LAW
CITATION
MISSISSIPPI
REQUIRED
§63-7-64
MISSOURI
REQUIRED
§302.020
MONTANA
§61-9-417
NEBRASKA
REQUIRED
(IF UNDER 18)
REQUIRED
NEVADA
REQUIRED
§486.231
NEW HAMPSHIRE
REQUIRED
(IF UNDER 18)
REQUIRED
§265:122
§66-7-356
NEW YORK
REQUIRED
(IF UNDER 18)
REQUIRED
NORTH CAROLINA
REQUIRED
§20-140.4
NORTH DAKOTA
REQUIRED
(IF UNDER 18)
REQUIRED
(If under 18 or novice)
REQUIRED
(IF UNDER 18)
REQUIRED
§39-10.2-06
REQUIRED
(If under 21 or novice)
REQUIRED (If under 21, or
novice, and all passengers)
REQUIRED
(IF UNDER 21)
REQUIRED
(IF UNDER 18)
REQUIRED
§75-3525
§661.003
VERMONT
REQUIRED (If under 21, and unless
training or insurance requirement met)
REQUIRED
(IF UNDER 18)
REQUIRED
VIRGINIA
REQUIRED
§46.2-910
WASHINGTON
REQUIRED
§46.37.530
WEST VIRGINIA
REQUIRED
§17C-15-44
WISCONSIN
REQUIRED
(If under 18 or novice)
REQUIRED
(IF UNDER 18)
§347.485
NEW JERSEY
NEW MEXICO
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
WYOMING
14
§60-6,279
§39:3-76.7
V.&T.§381
§4511.53
§47-12-609
§814.269
§31-10.1-4
§56-5-3660
§32-20-4
§55-9-302
§41-6a-1505
§23-1256
§31-5-115
Photo: Burn Out! by Code Seven
1-3 – Noise Ordinances and Exhaust Regulations
Motor vehicles must have a functioning exhaust system. In
addition to the pipe, a muffler must exist. See O.C.G.A.
§40-8-71(a)(1):
The exhaust system shall include the piping
leading from the flange of the exhaust
manifold to and including the muffler or
mufflers and tail pipes.
Exhaust noise is regulated statewide by §40-8-71(c):
It shall be unlawful for any person to sell or
offer for sale any muffler which causes
excessive or unusual noise or annoying smoke
or any muffler cutout, bypass, or similar
device for use on a motor vehicle or for any
person to use, to sell, or to offer for sale any
motor vehicle equipped with any such muffler,
15
muffler cutout, bypass, or similar device. Any
person violating this subsection shall be guilty
of a misdemeanor.
Courts have not defined “excessive or unusual noise” in this
context, and published Georgia cases show that the police
generally use this section of the law mainly for a pretextual
stop on cars and trucks to permit investigation for more
serious violations of the law.
Some local or county ordinances may prohibit or restrict
motorcycle riding in a manner that causes a nuisance, for
example, in the Official Code of Cobb County, §50-256(b):
It shall be unlawful for any person to make,
continue or cause to be made or continued any
loud noise which either disturbs, injures or
endangers the comfort, repose, health, peace
or safety of others in the unincorporated areas
of the county which is plainly audible 100 feet
from the sound's point of origination, except
as otherwise provided herein.
§50-257 goes on to identify specific prohibited noises:
The following acts are declared to be loud,
disturbing and unnecessary noises in violation
of this article; but this enumeration shall not
be deemed to be exclusive:
(14) Motorcycles, go-carts and other motor
vehicles. The operation of a motorcycle,
motorized scooter, go-cart or other motorized
vehicle in a manner which creates excessive
noise, including the continuous riding of any
such vehicle past, around or near an inhabited
dwelling place so as to disturb its inhabitants.
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Photo: High Handlebars by Michael Sauers
1-4 – Handlebar Height
Handlebar height is regulated by O.C.G.A . §40-6-314(b)
which states:
No person shall operate any motorcycle with
handlebars more than 15 inches in height
above that portion of the seat occupied by the
operator…
17
Some confusion may exist which could lead to questions of
where to begin measuring the “portion of the seat occupied
by the operator.” Because many seats are curved, would a
proper measurement begin at the lowest point, the highest
point, or the average of the two on the seat where the
operator sits? Furthermore, would the handlebar height be
measured by the end of the grip, the highest point on the
bars (regardless of hand or grip position), or an average of
the two? More specific guidelines for measurement are not
outlined in the statute, nor has there been a Georgia case
where a court has interpreted the measuring standards.
Depending upon how the areas of measurement are
interpreted, it is even possible that some modern factory
original production motorcycles may actually violate
Georgia’s handlebar height law.
The Georgia Legislature passed a bill in 2015 which
attempted to remove the handlebar height restriction from
the law as part of the “Motorcycle Mobility Safety Act”. This
act was later vetoed by Governor Nathan Deal and never
became law.
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Photo: Habal-Habal Samal Transportation by Paul David Lewin
1-5 – Passengers
Passengers on a motorcycle are regulated by O.C.G.A.
§40-6-311(a) which states:
A person operating a motorcycle shall ride
only upon the permanent and regular seat
attached thereto; and such operator shall not
carry any other person nor shall any other
person ride on a motorcycle unless such
motorcycle is designed to carry more than one
person, in which event a passenger may ride
upon the permanent and regular seat if
designed for two persons or upon another seat
firmly attached to the motorcycle at the rear or
side of the operator.
Regarding a passenger riding in front of the operator,
§40-6-311(d) prohibits it stating:
No operator shall carry any person, nor shall
any person ride, in a position that will
interfere with the operation or control of the
motorcycle or the view of the operator.
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Motorcycles carrying passengers are also required to have
footrests for the passengers as outlined in §40-6-314(a):
Any motorcycle carrying a passenger, other
than in a sidecar or enclosed cab, shall be
equipped with footrests for such passenger.
Backrests are not required by law for passengers; however,
certain backrests or “sissy bars” are prohibited as specified
in §40-6-314(b):
No person shall operate any motorcycle... with
a backrest more commonly known as a sissy
bar that is designed in such a way as to create
a sharp point at its apex.
Children as Passengers:
Georgia’s child passenger safety laws, generally found under
O.C.G.A. §40-8-76, apply to vans, pickup trucks, and
passenger automobiles. By the definition found in O.C.G.A.
§40-1-1, a passenger car is not a motorcycle, and therefore
the child safety laws that apply to passenger cars do not
apply to motorcycles. Just because there is not a law
prohibiting child passengers on motorcycles does not mean
that it is safe. Please exercise sound judgment when
considering transporting a child on a motorcycle. If you
closely read the footrest statute at the top of this page, note
that it says “…shall be equipped with footrests for such
passenger”. An officer may cite you for a violation if your
passenger is unable to reach the footrests.
20
Photo: Burning Biker by Paul Stevenson
1-6 – Wheelies, Burnouts, Racing, and Other ‘Bad’
Motorcycle Behavior
Laying Drags:
Laying drags is a misdemeanor violation in Georgia, under
O.C.G.A. §40-6-251 which states:
(a)
No driver of any motor vehicle shall
operate the vehicle upon the public streets,
highways, public or private driveways, airport
runways, or parking lots in such a manner as
to create a danger to persons or property by
intentionally and unnecessarily causing the
vehicle to move in a zigzag or circular course
or to gyrate or spin around, except to avoid a
collision or injury or damage.
(b)
The offenses described in this Code
section shall be sufficiently identified on any
traffic ticket, warrant, accusation, or
indictment when referred to as “laying drags.”
21
(c)
This Code section shall not apply to
drivers operating vehicles in or on any
raceway, drag strip, or similar place
customarily and lawfully used for such
purposes.
(d)
Any person violating subsection (a) of
this Code section shall be guilty of a
misdemeanor.
The term “laying drags” only applies to evidence of a vehicle
moving “…in a zigzag or circular course or to gyrate or spin
around…” While a straight burnout is not considered
“laying drags,” you may be charged with reckless driving.
See below. See Hale v. State 262 Ga.App. 710 (2003) where
approximately 50 feet of skid or drag marks going forward
and backward was not “laying drags” because there was no
evidence that the marks were in a zigzag or circular pattern.
Reckless Driving:
Straight burnouts, wheelies, and stoppies, may fall under
the heading “reckless driving” which is a misdemeanor
offense under §40-6-390(a) stating:
Any person who drives any vehicle in reckless
disregard for the safety of persons or property
commits the offense of reckless driving.
Racing:
“Drag racing” can occur between 2 or more motorcycles.
“Racing” can occur even if only one vehicle is present, and
both of these are misdemeanor offenses. According to
§40-6-186:
(a)
As used in this Code section, the term:
(1)
“Drag race” means the operation of two
or more vehicles from a point side-by-side at
22
accelerated speeds in a competitive attempt to
outdistance each other or the operation of one
or more vehicles over a common selected
course from the same point to the same point
for the purpose of comparing the relative
speeds or power of acceleration of such vehicle
or vehicles within a certain distance or time
limit.
(2)
“Racing” means the use of one or more
vehicles in an attempt to outgain, outdistance,
or prevent another vehicle from passing, to
arrive at a given destination ahead of another
vehicle or vehicles, or to test the physical
stamina or endurance of drivers over longdistance driving routes.
(b)
No person shall drive any vehicle on a
highway in this state in any race, speed
competition or contest, drag race or
acceleration contest, test of physical
endurance, exhibition of speed or acceleration,
or for the purpose of making a speed record,
and no person shall in any manner participate
in any such race, competition of speed, contest
of speed, or test or exhibition of speed.
Super Speeder:
Any motorist who is convicted of driving 85 MPH or more
on any road, or driving 75 MPH or more on a two-lane road
will be classified as a "Super Speeder." In accordance with
O.C.G.A. §40-6-189, any Super Speeder will be fined
$200.00 in addition to any other fines or penalties imposed
by local jurisdictions or departments.
23
Photo: Harley Model 8 by Chefranden
1-7 – What Constitutes a Motorcycle
Motorcycles are defined more by what they are not, rather
than what they are. The definition is found in O.C.G.A.
§40-1-1(29):
“Motorcycle" means every motor vehicle
having a seat or saddle for the use of the rider
and designed to travel on not more than three
wheels in contact with the ground, but
excluding a tractor, all-terrain vehicle, and
moped.
Motorcycles with sidecars and motorcycle trikes still fall
under the broad heading of “Motorcycle.”
24
Photo: Lisa Herman, Founder of Bikers Battling Breast Cancer
1-8 – Scooters, Mopeds, and Other Motorized
Vehicles Having Less Than 4 Wheels
Scooters over 5 horsepower and having less than 4 wheels
are in the same class of vehicles as motorcycles according to
O.C.G.A. §40-1-1.
Mopeds are classified separately than motorcycles under
§40-1-1 which reads:
25
(28) “Moped” means 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.
Another category of vehicles exists which may cover some
minibikes, but includes all mopeds and all bicycles with a
motor attached. This category is called “Motor Driven
Cycles” under §40-1-1 which reads:
(30) “Motor driven cycle” means every
motorcycle, including every motor scooter,
with a motor which produces not to exceed
five brake horsepower, every bicycle with a
motor attached, and every moped.
Golf carts, go carts, ATVs (both four and three wheeled), are
separately defined from motorcycles and mopeds but are
outside the scope of this book.
26
Photo: Save Yourself! by Paul Lewis (UK)
1-9 – Georgia Good Samaritan Law
All 50 states have some form of the Good Samaritan Law.
These laws are designed to encourage people to render
emergency aid at the scene of an accident without the
concern of liability or civil damages. O.C.G.A. §51-1-29 lays
out Georgia’s Good Samaritan Law:
(a) Any person, including any person licensed
to practice medicine and surgery pursuant to
Article 2 of Chapter 34 of Title 43 and any
person licensed to render services ancillary
thereto, who in good faith renders emergency
care at the scene of an accident or emergency
to the victims thereof without making any
27
charge therefor shall not be liable for any civil
damages as a result of any act or omission by
such person in rendering emergency care or as
a result of any act or failure to act to provide
or arrange for further medical treatment or
care for the injured person.
(b) As used in this Code section, the term
"emergency care" shall include, but shall not
be limited to, the rescue or attempted rescue
of an incapacitated or endangered individual
from a locked motor vehicle.
One important aspect of the code section is that the party
rendering the care cannot charge for the services. In
Georgia, if you render emergency care and receive no
compensation and do not intentionally harm the injured
party, you cannot be held liable for civil damages.
28
Photo by Hairy & Chaps
1-10 – Lighting, Turn Signals, Horns, Auxiliary
Lamps, Flashers, Mirrors, Novelty L.E.D. Lights
and Other Safety Equipment
Note: Most of these provisions apply only to motorcycles
manufactured on or after January 1, 1972.
Reflectors:
According to O.C.G.A. §40-8-24, motorcycles must have at
least one rear red reflector at least 20 inches off the ground
and it must be visible at night between 50 and 300 feet
behind the reflector.
29
Headlights:
According to §40-8-22, motorcycles must have at least one
but no more than two headlights mounted at least 24 inches
off the ground but no more than 54 inches high.
Brake Lights:
According to §40-8-25, at least one brake light is required,
and if it comes from the factory with two, then both must be
operational. §40-8-26 requires that the brake light be red
and visible from 300 feet in both daylight and at night. The
light however cannot be a “glaring or dazzling light.”
Turn Signal Lights:
According to §40-8-25(c), all vehicles must be equipped
with mechanical or electrical turn signals.
§40-8-26
requires that signal lights must be visible from 300 feet in
both daylight and at night from the front and the rear.
Furthermore, those signals must be maintained in good
repair and should meet the manufacturer’s specifications.
According to §40-6-124(a), hand signals are acceptable
substitutes for signaling a turn; however, you can still be
cited for failure to maintain turn signals in good repair if
you choose to use hand signaling in lieu of inoperative or
missing turn signals. See Stubbs v. State, 193 Ga.App. 342
(1989).
Auxiliary Lights:
According to §40-8-29(b), motorcycles may be equipped
with no more than two fog lights between 12 inches and 30
inches off the ground. These lamps must be aimed so that
they project at least four inches lower than the center of the
bulb mounting height at a distance of 25 feet. There are
additional provisions under §40-8-29(c) and (d) which
allow additional auxiliary spot lights and passing lights,
however the passing lamp must be between 24 and 48
inches off the ground while the auxiliary spot light must be
between 16 and 48 inches off the ground.
30
Horns:
According to §40-8-70(a), motorcycles must have a horn
clearly audible from at least 200 feet without emitting “an
unreasonably loud or harsh sound or a whistle.”
Flashing or Modulating Lights:
According to §40-8-92, only emergency vehicles or those
with proper permits may display flashing or revolving
colored lights. Nothing is mentioned which prohibits
motorcyclists from displaying flashing or revolving clear
lights.
Mirrors:
According to §40-8-72, every motor vehicle shall be
equipped with a mirror so located as to reflect to the driver a
view of the highway for a distance of at least 200 feet to the
rear of such vehicle. Nothing is mentioned which describes
which side the mirror must be on, nor whether it should be
above or below the grip of the handlebars.
L.E.D. And Other Colored Novelty Lights
According to §40-8-90, blue lights, whether flashing or
stationary are prohibited except for law enforcement,
specially permitted, or hobby-type vehicles designated by
§40-2-86.1 which may display a blue light or “blue dot
taillight” in the rear under limited circumstances.
According to §40-8-92, flashing green lights are prohibited
and subsection (b) states that the Commissioner of Public
Safety shall authorize the use of red or amber flashing or
revolving lights only when the person shall demonstrate to
the Commissioner a proven need for equipping the vehicle
with emergency lights. Although the law surrounding blue
auxiliary lights seems clear, it is unknown how the courts
would interpret a citation for the use of red, amber, or green
novelty L.E.D. lights on a motorcycle, whether parked or
while moving.
31
1-11 – Proper Display of the Motorcycle License
Plate
According to O.C.G.A. §40-2-41, license plates or tags must
be displayed on the rear of a vehicle, illuminated at night,
and not covered by any material unless it is transparent and
colorless. It must at all times be plainly visible. It is the
duty of the operator to keep the license plate legible at all
times.
There are no recorded cases where a Georgia court has
considered whether plainly visible means "right side up."
32
1-12 – Building and Registering a Custom or Salvage
Title Motorcycle
Salvage Title Rebuilds:
In accordance with O.C.G.A. §40-3-37(f)(1), motorcycles
over 25 years old are exempt from the salvage laws. For
motorcycles that are not over 25 years old, read on:
When an insurance company deems a motorcycle to be a
total loss, the title becomes a salvage title meaning that the
vehicle must be repaired and inspected prior to obtaining a
vehicle registration. §40-3-36(a)(4) (C) and (D) govern the
beginning of the salvage title process:
(C)
Any insurance company which acquires
a damaged motor vehicle by virtue of having
paid a total loss claim shall mail or deliver the
certificate of title to the commissioner for
cancellation. In every case in which a total loss
claim is paid and the insurance company does
not acquire such damaged motor vehicle, the
33
insurance company paying such total loss
claim, the vehicle owner, and the lienholder or
security interest holder, as applicable, shall
take the following steps to secure a salvage
certificate of title for such motor vehicle:
(i)
If the vehicle owner is in possession of
the certificate of title, the owner shall deliver
the certificate of title to the insurance
company prior to any payment of the claim,
and the insurance company shall mail or
deliver the certificate of title, an application
for a salvage certificate of title, and the form
provided by the commissioner for issuance of
a salvage certificate of title;
(ii)
If the certificate of title has been lost,
destroyed, or misplaced, the vehicle owner
shall, prior to payment of the claim on such
vehicle, complete an application for a
replacement title on the form provided by the
commissioner and deliver such application
and form to the insurance company and the
insurance company shall mail or deliver such
application and form to the commissioner for
issuance of a replacement original title marked
salvage;
(iii) If the lienholder or security interest
holder has possession of the certificate of title,
the vehicle owner shall complete an
application for a replacement title on a form
provided by the commissioner and shall
deliver the completed form to the insurance
company prior to the payment of the claim;
the insurance company shall thereafter mail or
deliver the application to the commissioner
with notice of the payment of the total loss
34
claim and the name and address of the
lienholder or security interest holder in
possession of the title. The commissioner shall
mail notice to the lienholder or security
interest holder that a total loss claim has been
paid on the vehicle and that the title to such
vehicle has been canceled, and the
commissioner shall provide to the lienholder
or security interest holder a salvage certificate
of title for such vehicle, provided that the
validity of the security interest shall not be
affected by issuance of a salvage certificate of
title. The lienholder or security interest holder
shall, within ten days after receipt of such
notice of total loss claim and cancellation of
the original certificate of title, mail or deliver
the canceled original certificate of title to the
commissioner; or
(iv) For the sole purpose of payment of a
total loss claim, for any vehicle ten years of age
or older for which neither the vehicle owner
nor the lienholder or security interest holder,
if any, possesses a certificate of title, the
vehicle owner shall deliver the vehicle license
plate and certificate of registration for such
vehicle to the insurance company prior to
payment of any claim and the insurance
company shall mail or deliver the license plate
and certificate of registration to the
commissioner with a completed form provided
by the commissioner; provided, however, that
the vehicle owner shall not operate such
vehicle and the owner shall obtain a certificate
of title for such vehicle as provided by law,
which certificate of title shall then be subject
to cancellation as provided in this paragraph.
35
(D) The department shall give priority to
the title submissions provided for in
subparagraph (C) of this paragraph and shall
issue a salvage certificate of title for such
vehicles within seven days of receipt of such
submissions by an insurance company.
In order to register the rebuilt motorcycle and get a new tag,
the steps outlined in §40-3-37 must be followed:
(a)
As used in this Code section, the term:
(1)
“Application for a certificate of title on a
recovered stolen motor vehicle” means an
application for a certificate of title for a motor
vehicle for which an insurance company has
paid a total loss claim, has obtained a title
marked “unrecovered stolen motor vehicle,”
and which has subsequently been recovered.
(2)
“Application for a certificate of title on a
salvaged or rebuilt motor vehicle” means:
(A)
An application for a certificate of title
for a motor vehicle for which a current
Georgia certificate of title is marked “salvage”
pursuant to subsection (e) of Code Section 403-36 and which has been repaired;
(B)
An application for a certificate of title
for a motor vehicle for which a current out-ofstate certificate of title is marked “salvage,”
“rebuilt,” or “restored” or any similar such
phrase; or
(C)
An application for a certificate of title
for a motor vehicle for which a current
Georgia certificate of title is marked “salvage”
36
pursuant to subsection (e) of Code Section 403-36 and for which the transferee is anyone
other than a licensed dealer as defined in Code
Section 43-48-2.
(b)(1) Upon receipt of an application for a
certificate of title on a salvaged or rebuilt
motor vehicle, the commissioner shall
promptly conduct an initial inspection on each
such motor vehicle prior to the issuance of a
certificate of title for the motor vehicle. Upon
receipt of an application for a certificate of
title on a recovered stolen motor vehicle which
has been stripped of:
(A)
Substantially all its interior parts;
(B)
Engine;
(C)
Transmission;
(D) All doors;
(E)
Complete soft-top assembly including
roof mechanism;
(F)
Front clip assembly (fenders, hood, and
bumper); or
(G)
Cab and bed of a pick-up truck,
The commissioner shall promptly conduct an
initial inspection on each such motor vehicle
prior to the issuance of a certificate of title for
the motor vehicle. The initial inspection shall
include, but shall not be limited to, verification
of the vehicle identification number,
verification of the bills of sale or title for the
major components, verification in regard to
rebuilt vehicles that the word “rebuilt” is
permanently affixed as required by subsection
(d) of this Code section, verification that the
vehicle was rebuilt in the State of Georgia,
and, if the vehicle has been repaired,
37
verification that the motor vehicle conforms to
all safety equipment standards required by
law. The commissioner shall be authorized to
charge a fee of $100.00 for each initial
inspection of each motor vehicle. In the event
a motor vehicle fails an inspection, a fee of
$100.00 shall be charged for each subsequent
reinspection. The commissioner may conduct
any such initial inspection and any required
reinspections even though the motor vehicle
may have been previously inspected under this
Code section.
(2)
If, upon inspection under paragraph (1)
of this subsection, it is determined that the
motor vehicle is not in full compliance with
the law, the commissioner shall refuse to issue
a certificate of title until compliance is
reached. The commissioner may order
additional, corrective repairs to such vehicle as
a condition of issuance of a certificate of title.
(c)
All applications submitted pursuant to
this Code section shall be accompanied by one
or more photographs of the motor vehicle in
its salvaged condition before any repairs have
been made to such vehicle, which photographs
shall be used by the commissioner in his or
her inspections of the vehicle pursuant to this
Code section. Any person who rebuilds or
repairs a salvage motor vehicle shall submit an
application for a certificate of title and obtain
an inspection of such vehicle prior to the
painting of such vehicle.
(d)(1)(A) Upon inspection under subsection
(b) of this Code section, if it is determined that
the motor vehicle has been restored to an
38
operable condition by the replacement of two
or more major component parts, a certificate
of title may be issued for such motor vehicle
which shall contain the word “rebuilt” on its
face in no larger than 12 point font. This
requirement will indicate to all subsequent
owners of the motor vehicle that such is a
rebuilt motor vehicle. If any such inspection
determines that the motor vehicle shall
require the replacement of less than two major
component parts in order to restore the motor
vehicle to an operable condition, a certificate
of title shall be issued for such motor vehicle
which shall contain the word “rebuilt” on its
face in such manner as the commissioner shall
prescribe. This requirement will indicate to all
subsequent owners of the motor vehicle that
such is a rebuilt motor vehicle.
(B)
If it is determined that the motor
vehicle required or shall require the
replacement of two or more major component
parts in order to restore the motor vehicle to
an operable condition, the department shall
cause the word “rebuilt” to be affixed to said
motor vehicle at the time of inspection by the
commissioner. The word “rebuilt” shall be
affixed in a clear and conspicuous manner to
the door post or such other location as the
commissioner may prescribe. The word
“rebuilt” shall be stamped on a certificate and
shall be affixed to the motor vehicle in such
manner as the commissioner may prescribe.
The requirement of this subparagraph shall
only apply to motor vehicles restored after
November 1, 1982.
39
(2)
Upon inspection by the commissioner
and compliance with paragraph (2) of
subsection (b) of this Code section, if it is
determined that the motor vehicle does not
require the replacement of two or more major
components or has not had two or more major
components changed, a certificate of title shall
be issued and shall contain the word “rebuilt”
on its face.
(3)
If, after the initial inspection, the
commissioner determines that the damage is
so extensive that returning such vehicle to a
safe, operable condition is impossible, the
salvage certificate shall be revoked and such
vehicle may only be used for scrap or parts. A
vehicle for which such a determination is
made shall not be issued a title under any
circumstances or conditions including but not
limited to obtaining of a surety bond.
(e)
Any person, firm, or corporation who
rebuilds or repairs a motor vehicle whose
current certificate of title is marked “salvage”
shall make application for and obtain a
certificate of title as provided in this Code
section prior to the sale or transfer of said
motor vehicle. If, under the laws of any other
state, a vehicle has been declared to be
nonrebuildable, the commissioner shall not
issue any certificate of title for such vehicle
and the vehicle shall not be used for any
purpose except parts.
(f)(1) Motorcycles which are over 25 years old
shall be exempt from the salvage laws of this
state.
40
(2)
Motor vehicles which have been altered
by the installation of a glider kit shall be
issued a certificate of title containing the word
“rebuilt.”
Contact Information:
DOR/ Motor Vehicle Division, PO Box 740384
Atlanta, GA 30374-0384 or toll-free at 1-855-406-5221
http://dor.georgia.gov/titles-rebuilt-or-restored-vehicles
Custom Built Motorcycle Registration:
The registration of custom-built motorcycles is governed
both by O.C.G.A. §40-3-30.1 and by Georgia’s
Administrative Code (Ga. Comp. R. & Regs.) 560-1-30-.10.
According to §40-3-30.1:
(a)
As used in this Code section and in
Code Section 40-2-27, the term:
(1)
“Assembled
motor
vehicle
or
motorcycle” or “kit motor vehicle or
motorcycle,” means any motor vehicle or
motorcycle that is:
(A)
Manufactured from a manufacturer's
kit or manufacturer's fabricated parts,
including replicas and original designs:
(i)
By an owner;
(ii)
At the request of the owner by a thirdparty manufacturer of motor vehicles or
motorcycles; and
(iii) Such
manufacturer
is
not
manufacturing and testing in accordance with
federal safety standards issued pursuant to 49
U.S.C.A. Section 30101, et seq., unless and
41
until the United States Customs Service or the
United States Department of Transportation
has certified that the motor vehicle complies
with such applicable federal standards;
(B)
A new vehicle and consists of a
prefabricated body, chassis, and drive train;
(C)
Handmade and not mass produced by
any manufacturer for retail sale; or
(D) Not otherwise excluded from emission
requirements and is in compliance with
Chapter 8 of Title 40, relating to equipment
and inspection of motor vehicles.
(2)(a) “Unconventional motor vehicle or
motorcycle” means any motor vehicle or
motorcycle that is manufactured, including,
but not limited to, all-terrain vehicles, off-road
vehicles, motor driven cycles, mopeds, and
personal transportation vehicles, and that is
not in compliance with the following:
(i)
Chapter 8 of Title 40, relating to
equipment and inspection of motor vehicles;
(ii)
Applicable federal motor vehicle safety
standards issued pursuant to 49 U.S.C.A.
Section 30101, et seq., unless and until the
United States Customs Service or the United
States Department of Transportation has
certified that the motor vehicle complies with
such applicable federal standards; or
(iii) Applicable federal emission standards
issued pursuant to 42 U.S.C.A. Section 7401 Section 7642, the “Clean Air Act,” as amended.
42
(B)
Such term shall not include former
military vehicles.
(b)
In addition to the requirements
contained in Code Section 40-3-30, prior to
the issuance of a certificate of title to the
owner of an assembled motor vehicle or
motorcycle, the owner shall cause such
assembled motor vehicle or motorcycle to be
inspected in order to establish:
(1)
The
existence
of
a
verifiable
Manufacturer's Certificate of Origin (MCO) or
other verifiable documentation of purchase of
all major components; and
(2)
That such assembled motor vehicle or
motorcycle complies with:
(A)
Chapter 8 of Title 40, relating to
equipment and inspection of motor vehicles;
and
(B)
If
applicable,
federal
emission
standards issued pursuant to 42 U.S.C.A.
Section 7401 through Section 7642, the “Clean
Air Act,” as amended.
(c)
The inspection conducted under
subsection (b) of this Code section shall only
be for the purpose of establishing that such
assembled motor vehicle or motorcycle is
eligible to receive a certificate of title.
(d)
The department shall be authorized to
charge an inspection fee.
(e)
Unconventional motor vehicles or
motorcycles shall not be titled or registered.
43
Georgia’s Administrative Code (Ga. Comp. R. & Regs.) 56010-30-.10. adds:
(1)
In addition to the requirements set
forth in O.C.G.A. § 40-3-30.1, prior to
applying for a certificate of title for an
Assembled vehicle or Assembled motorcycle,
an applicant shall have that vehicle inspected
in the manner set forth by the Department.
(2)
The applicant shall provide the
following information at the time of inspection
of the Assembled vehicle or Assembled
motorcycle:
(a)
The
existence
of
a
verifiable
Manufacturer's Statement of Origin (MSO) or
other appropriate documentation of the
purchase of all major components; and
(b)
That the vehicle complies with:
1. Chapter 8 Title 40 of the Code, and
2. Applicable Federal emissions standards.
(3)
The purpose of the inspection shall be
solely to establish whether or not the vehicle is
eligible to receive a Georgia Certificate of Title
as an Assembled motor vehicle or Assembled
motorcycle.
(4)
The Department shall charge a fee for
all such inspections.
44
1-13 – Peach Pass Toll Lanes and the Motorcyclist
Along Interstate 85 on the Northeast side of Atlanta, the far
left lane is reserved as a HOT lane which is an acronym for
High Occupancy Toll lane. Pre-registered cars with three or
more occupants, emergency vehicles, transit buses,
alternative fuel vehicles, and motorcycles are all exempt
from paying a toll to use these lanes. All others must pay a
toll, which varies upon traffic conditions. All users must
have the Peach Pass device mounted to their windshield or
other visible place to avoid a fine. Vehicles in the HOT lane
without a Peach Pass, even if they are otherwise exempt
from the toll, will be required to pay a fine. For account
information, contact the Peach Pass Customer Service
Center at 1-855-PCH-PASS (724-7277).
Georgia’s Peach Pass, Florida’s SunPass, and North
Carolina’s Quick Pass are interoperable, as long as the
Georgia license plate on the vehicle is registered to the
Peach Pass account. Peach Pass drivers and riders can use
automated toll facilities in the other two states and tolls will
be automatically deducted from their home state account.
Georgia has additional HOT lanes scheduled to open in the
coming years.
45
1-14 – State Motorcycle Inspections and Motorcycle
Emissions Inspections
In Georgia, although certain automobiles are required to be
inspected for emissions output and compliance, there are no
state emissions or roadworthiness inspections for
motorcycles other than those required for custom built
motorcycles or rebuilt salvage title motorcycles.
46
Photo: Lanesplitcongestion7824 by Mary Mactvish
1-15 – Lane Sharing, Lane Splitting, and Other
Traffic Laws Unique to Motorcyclists
Motorcyclists may share a lane with a second motorcyclist;
however, lane splitting through traffic, or at red lights is
prohibited.
O.C.G.A. §40-6-310 affirms that all
motorcyclists share the same rights and duties applicable to
any other driver on the road, except those outlined in
previous chapters of this book or detailed below:
§40-6-311:
(b)
A person shall ride upon a motorcycle
only while sitting astride the seat, facing
forward, with one leg on either side of the
motorcycle.
(c)
No person shall operate a motorcycle
while carrying any package, bundle, or other
47
article which prevents him from keeping both
hands on the handlebars.
§40-6-312:
(a)
All motorcycles are entitled to full use
of a lane, and no motor vehicle shall be driven
in such a manner as to deprive any motorcycle
of the full use of a lane. This subsection shall
not apply to motorcycles operated two abreast
in a single lane.
(b)
The operator of a motorcycle shall not
overtake and pass in the same lane occupied
by the vehicle being overtaken.
(c)
No person shall operate a motorcycle
between lanes of traffic or between adjacent
lines or rows of vehicles.
(d)
Motorcycles shall not be operated more
than two abreast in a single lane.
(e)
A person operating a motorcycle shall
at all times keep his headlights and tail lights
illuminated.
(f)
Subsections (b) and (c) of this Code
section shall not apply to police officers in the
performance of their official duties.
§40-6-313:
No person riding upon a motorcycle shall
attach himself or the motorcycle to any other
vehicle on the roadway.
48
1-16 – Age, Training, and Licensing Requirements
The first step to a motorcycle license for a new rider in
Georgia is obtaining a motorcycle permit.
O.C.G.A.
§40-5-24(c) states:
Any resident of this state who is at least 17
years of age may apply to the department for a
noncommercial
Class
M
motorcycle
instruction permit. The department shall, after
the applicant has successfully passed all parts
of the examination other than the driving test,
issue to the applicant an instruction permit
which shall entitle the applicant, while having
such permit in his or her immediate
possession, to drive a motorcycle or a motor
driven cycle upon the public highways for a
period of six months; provided, however, that
a person who is at least 16 years of age and
meets all of the other qualifications of this
subsection except for age who has completed
an approved driver education training course
49
as provided in subsection (a.2) of Code Section
40-5-22 may apply for a Class M motorcycle
instruction permit. A motorcycle instruction
permit shall not be valid when carrying
passengers, on a limited access highway, or at
night.
If the applicant is under 18 years of age, then a
parent/guardian, responsible adult, or authorized Driver
Training Instructor must sign the application for the
motorcycle permit. That person also has the authority to
request the permit to be revoked at any time before the
minor's 18th birthday.
Once you have passed the written test and received the
motorcycle permit, you may practice riding as part of a
private class or on your own in accordance with the
restrictions until you feel competent to take the riding skills
test for your license. Alternatively, you may take a state
approved training course, which will result in a voucher for
a license upon successful completion.
The state approved courses are covered by §40-15-1 thru
§40-15-5.
The specific details of the program are
promulgated by the commissioner and the board of driver
services for the state of Georgia and covered by Georgia’s
Administrative Code (Ga. Comp. R. & Regs.) 375-7-4-.01
thru 375-7-4-.16.
To find where a course is offered near you, you can call
(678) 413-8400 or go to the website of the Georgia
Department of Driver Services at:
http://www.dds.ga.gov/motorcycle/index.aspx
The process of getting your motorcycle license after having
taken the state approved training course is outlined in Ga.
Comp. R. & Regs. 375-7-4-.16 which states:
50
(1)
Motorcycle license applicants that have
successfully completed the Department of
Driver Services sponsored beginner rider
education and training course will only be
required to pass the eye examination, if
applicable, and submit the appropriate
licensing fee in order to receive a motorcycle
license.
(2)
In order to successfully complete the
training course, students must attend all
scheduled course sessions and make a passing
score on both the written examination and the
riding skills test. Students failing either
examination will be required to retake the
entire course in order to be eligible for their
license.
(3)
Students successfully completing the
prescribed Department of Driver Services
course will have ninety days maximum, from
date of course completion, to apply for their
license.
If you have recently moved to Georgia from another state
and had a motorcycle endorsement on your driver’s license
from that state, Georgia will honor that endorsement in
accordance with Ga. Comp. R. & Regs. 375-3-1-.05 which
states:
Customers who hold a valid non-commercial
driver's license issued by another state of the
United States or the District of Columbia may
exchange such license for a Georgia driver's
license of the equivalent class without
completing knowledge or skills testing. Vision
testing is required.
51
Photo: Beer by Chaval Brasil
1-17 – DUI and the Motorcyclist
First of all, do NOT drink alcohol and then ride a
motorcycle. If, however, you find yourself operating a
motorcycle after having consumed alcohol, take the
following into consideration:
Make sure that all of the equipment on your motorcycle is in
good working order. Police officers will often conduct a
“pretextual” stop to check for DUI during peak drinking and
driving times. The idea behind a pretextual stop is that you
are stopped by the police under the pretext that you have
committed a minor violation (tag light out, no turn signal,
failure to maintain lane, etc.). However, the police fully
intend to use that minor violation as an opportunity to look
for further and more serious violations once they have you
pulled over. Having fully functional equipment on your
motorcycle will help to lessen the chance of a police
encounter.
52
Do not commit any moving violations while operating a
motorcycle. Obey the speed limit, ride straight, use your
turn signals, do not weave in and out of traffic, come to
complete stops, and accelerate slowly. The easier you are on
the throttle, the quieter your exhaust is, and the less
attention you will draw to yourself. Do not give the police
any reason to stop your motorcycle.
If you happen to be stopped, be courteous and polite to the
police officer. Almost all encounters are audio and video
recorded by the police. (Acting like a jackass on the tape
will not help your case if you are arrested.)
When questioned by the officer, remember that every word
you speak can and will be used against you. If you are asked
about alcohol consumption or why you are on the road, a
simple statement such as “I am fine and just on my way
home” may serve you better than “my lawyer said not to
answer anything you ask me.”
If you are asked to do any field sobriety tests, you do not
have to take them; however, your refusal to submit to a field
sobriety test forces the officer to make a decision about
whether to arrest you or send you on your way. If you
choose not to take the tests, you can simply say, “I am fine
to drive and if I have committed any moving violations,
please cite me so that I can be on my way.”
If the officer chooses to arrest you, he is required to read
you the Georgia Implied Consent notice and will request a
state administered test of your blood, breath, or urine. You
must decide whether you want to take the state
administered test. Most of the time this is the breathalyzer
test either conducted in the field or at the station. If you
refuse this test, it will be used against you and could cause
you not to be able to drive for 12 months if you were to lose
an administrative license suspension hearing and be
convicted of a DUI. If you have had very little to drink, the
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test may help you if your blood alcohol level is under .08.
You will have to make this determination based on how
much you have had to drink.
If you choose to take the state administered test, request an
independent test of your blood at a hospital of your
choosing. You are entitled to an independent test of your
blood, breath, or urine by a qualified person of your own
choosing. You must be able to pay for the test and you have
to choose a medical facility that is within a reasonable
distance from where you were arrested.
Be sure not to make any statements that would be an
admission of guilt on your part, such as “Cut me a break, I’m
drunk and I just live right there.” Remember that you have
a right to remain silent and it is best to exercise that right
once you have been arrested.
If arrested, contact an attorney right away. You only have
ten days from the date of arrest to request an administrative
hearing regarding your right to drive.
Remember, if you have had too much to drink, it is best to
lock your bike, call a cab, and pick up your bike the next
day.
Kevin G. Ryan, DUI attorney, helped compile this section of
the book. He may be reached for further information at:
(404) 845-0005.
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Photo by Chuck Watwood
1-18 – Guns and the Motorcyclist
If you have a valid Georgia Weapons Carry License, you
have many more rights and affirmative defenses as to when,
where, and how you carry your weapon. The Georgia
Weapons Carry License is often referred to as a “CCW”,
“Concealed Weapons Permit”, or “Concealed Carry Permit”.
Georgia is considered a “Shall Issue” state meaning that the
law is written in such a way that requires issuance of a
permit if you meet all of the requirements. There is no
discretion involved. The permits are issued by the Probate
Court in your county of residence and you can find out the
cost, documents required, and more by contacting your
county Probate Court.
Possession of a Handgun With a Valid License:
Georgia’s laws regarding where and how licensed
individuals can carry a weapon have been evolving in the
last few years to give more rights to Georgia Firearms
O.C.G.A. §16-11-125 thru §16-11-135
License holders.
articulate just some of the current laws regarding the
carrying and possession of firearms. Generally speaking,
License holders can carry handguns on or about their
person, home or vehicle except in the areas prohibited.
Prohibited areas include inside schools, certain churches,
and certain government buildings. Carrying in school safety
zones can be subject to additional restrictions.
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Remember, the Georgia Firearms License is only valid in
Georgia, and in those states that honor the Georgia
Firearms License. Currently those states are: Alabama,
Alaska, Arkansas, Arizona, Colorado, Florida, Idaho,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan,
Mississippi, Missouri, Montana, New Hampshire, North
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania,
South Dakota, Tennessee, Texas, Utah, West Virginia,
Wisconsin, and Wyoming.
Furthermore, when carrying in a state outside of Georgia
that honors Georgia’s license, you must obey their laws
regarding the possession of handguns by licensed
individuals. Some states may have stricter laws as to where
or how you carry your weapon. They also may require that
you notify law enforcement that you have a handgun if you
are stopped. Check the laws of the states that you will be
traveling through before crossing the border with a
handgun.
Possession of a Handgun Without a Valid License:
Under O.C.G.A §16-11-126(a):
Any person who is not prohibited by law from
possessing a handgun or long gun may have or
carry on his or her person a weapon or long
gun on his or her property or inside his or her
home, motor vehicle, or place of business
without a valid weapons carry license.
For the current status of the Georgia concealed carry laws
and recent court cases, another good resource is:
http://www.GeorgiaCarry.org
GeorgiaCarry.org (GCO) is a non-profit organization that
provides a voice for Georgia gun owners.
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Photo: Rubber and Glue by Clinton Steeds
1-19 – Move Over Laws For Bicyclists, Emergency
Vehicles, Tow Trucks, Sanitation Workers
In accordance with §40-6-55, motor vehicles shall yield to a
bicyclist traveling in a bicycle lane. Furthermore, §40-6-56
requires that when feasible, motor vehicles shall leave at
least three feet between themselves and the bicyclist
traveling in the same direction when overtaking and passing
the bicyclist.
In accordance with §40-6-16, motorists must either move
one lane over or slow below the posted speed limit when
passing a stationary emergency vehicle with flashing lights.
A new law enacted in late 2015, §40-6-16, requires motorists
to either change lanes or slow down to at least 10 MPH
below the posted speed limit or to 25 MPH, whichever is
greater, when approaching active sanitation workers and
sanitation vehicles with flashing lights.
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1-20 – Motorcycle Lemon Laws
Georgia’s Lemon Law only applies to “new motor vehicles”
and motorcycles are specifically exempted from that
definition under the law. Georgia’s lemon law is codified
under O.C.G.A. §10-1-780 thru §10-1-797. The motorcycle
exemption is found under §10-1-782 which reads:
(15) "New motor vehicle" means any selfpropelled vehicle primarily designed for the
transportation of persons or property over the
public highways that was leased, purchased, or
registered in this state by the consumer or
lessor to whom the original motor vehicle title
was issued without previously having been
issued to any person other than a new motor
vehicle dealer. The term "new motor vehicle"
does not include any vehicle on which the title
and other transfer documents show a used,
rather than new, vehicle. The term "new motor
vehicle" also does not include trucks with
more than 12,000 pounds gross vehicle weight
rating, motorcycles, or golf carts. If a new
motor vehicle is a motor home, this article
shall apply to the self-propelled vehicle and
chassis, but does not include those portions of
the vehicle designated, used, or maintained
primarily as living quarters, office, or
commercial space.
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Photo by Ted Domohowski
1-21 – Text Messaging and Laws
Motorcyclists know how dangerous a distracted driver can
be. Fortunately there are some laws that make distracted
driving illegal including an anti-texting law.
O.C.G.A. §40-6-241 is violated when a driver engages in any
actions that distract them from the safe operation of a
motor vehicle. Except as outlined in §40-6-241.1 and §406-241.2, the proper use of a radio, CB radio, HAM radio, or
telephone are not violations of this code section.
O.C.G.A. §40-6-241.1 and §40-6-241.2 makes it illegal for
drivers to use their telephone or other "wireless
telecommunications device" (this includes a computer,
PDA, or other substantially similar device) to write, send, or
even read text messages, emails, instant messages, internet
data, or any other text-based communication unless they
are legally parked. Sitting at a red light or being stuck in
traffic is not considered legally parked and therefore any
texting during these times would be a violation of this code
section. Commercial drivers have additional restrictions.
Some exceptions to the new anti-texting law include
reporting medical emergencies, reporting an accident,
reporting a crime, and other dangerous situations.
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Photo: File 988553 by istockphoto
1-22 – Nitrous Oxide and Motorcycles
Nitrous oxide is a gas that can significantly increase engine
performance in short bursts. O.C.G.A. §40-8-10(a) states:
It shall be unlawful for any person on a public
road to drive a passenger car, excluding a
motor home, which supplies the motor
vehicle's combustion engine with nitrous oxide
unless the system supplying nitrous oxide is
made inoperative by disconnecting the line
feeding nitrous oxide to the engine or by
removing the container or containers of
nitrous oxide from the vehicle.
While the law is directed at passenger cars, it specifically
excludes motor homes, but not motorcycles. “Passenger
car” is defined under title 40, O.C.G.A. §40-1-1:
(41) "Passenger car" means every motor
vehicle, except motorcycles, motor driven
cycles, and low-speed vehicles, designed for
carrying ten passengers or less and used for
the transportation of persons.
By the definition above, a motorcycle is not a passenger car
and because the law prohibiting nitrous oxide equipped
vehicles in Georgia applies to passenger cars, there is no law
on point in Georgia which specifically prohibits nitrous
oxide equipped motorcycles from operating on public roads.
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PART 2
Insurance Coverage to Protect Yourself, Your
Family, Your Possessions, Your Money, and Your
Motorcycle
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Photo: Speedo by Darren Fanizio
2-1 – State Minimum Coverage
Riding around with only the minimal insurance required by
state law is like going to the beach in a thong speedo – it will
keep you from getting arrested but it does little else for you.
The law regarding minimum insurance is the same for cars
and motorcycles and is found under O.C.G.A. §33-7-11(a)(1)
which reads:
No automobile liability policy or motor vehicle
liability policy shall be issued or delivered in
this state to the owner of such vehicle or shall
be issued or delivered by any insurer licensed
in this state upon any motor vehicle then
principally garaged or principally used in this
state unless it contains an endorsement or
provisions undertaking to pay the insured
damages for bodily injury, loss of consortium
or death of an insured, or for injury to or
destruction of property of an insured under
the named insured's policy sustained from the
owner or operator of an uninsured motor
vehicle, within limits exclusive of interests and
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costs which at the option of the insured shall
be:
(A)
Not less than $25,000.00 because of
bodily injury to or death of one person in any
one accident, and, subject to such limit for one
person, $50,000.00 because of bodily injury
to or death of two or more persons in any one
accident, and $25,000.00 because of injury to
or destruction of property…
Remember that the state minimum coverage is often not
enough to cover the cost of the damage, and the state does
not require that you purchase comprehensive, collision, or
uninsured motorist coverage. This means that if you are at
fault and do not have collision coverage; your insurance
company will not pay to fix your motorcycle. Read on for
more information about the various coverage options.
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2-2 – Full Coverage, Liability, Collision,
Comprehensive, Medical Payments, and Umbrella –
What Does It All Mean?
“Full coverage” is a general term that usually indicates that
you are covered for liability, collision, and comprehensive
damages. “Full coverage” insurance is usually required by
your bank or lien-holder if you lease or make payments on
your vehicle so that their security interest is protected in the
event you wreck your vehicle.
Liability insurance pays claims up to the limits of the policy
for damage that you have caused to others, including bodily
injury and property damage.
Here is an example of how liability coverage works:
You are riding your motorcycle and negligently rear-end
Tom’s car in front of you. In your effort to avoid the
collision, you also run off the road and hit a fence in Jane’s
yard right next to Tom’s car. Tom bumps his head on the
steering wheel, which causes neck pain, and a he gets a cut
on his forehead. The front of your motorcycle is damaged,
the back of Tom’s car is damaged, and Jane’s fence is
destroyed. Your liability coverage will pay for Tom’s
injuries and car repair up to the extent of the damage or
your policy limits. It will also pay for Jane’s fence repair
up to the extent of the damage or your policy limits. It will
not however pay for your motorcycle to be fixed.
Liability coverage only pays for damage that you
accidentally cause to others. If you want your motorcycle
repairs to be covered under your insurance policy when you
are at fault, you must purchase additional collision
coverage.
Collision coverage protects you when there is contact
between you and another vehicle or object. It will pay to
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repair the damage or for the total loss when you are at fault
or if you have trouble settling with an at-fault driver’s
insurance company.
Comprehensive loss coverage is like a safety net that
protects you against a number of dangers. Among the
events covered under comprehensive coverage are losses
due to flooding, lightning strikes, motorcycle theft, hail
damage, falling branches or trees, etc.
Medical payment or Med-Pay coverage pays your medical
bills up to the limits of the policy regardless of fault. Medical
payment coverage is usually expensive, available in low
limits, and may duplicate your existing healthcare policy.
However, if you have no healthcare coverage or a preexisting condition, this may be your only option. Med-Pay
coverage is also useful to cover any deductibles or co-pays
that you may accrue as a result of treatment from a
collision, even if you already have health insurance.
Insurance policies often refer to coverage as 25/50/25 or
100/300/50. There are many other variations, but these
numbers denote the limits of coverage per person, per
incident, and for property damage. 25/50/25 means that
each person is covered up to $25,000 in bodily injury
liability but no more than $50,000 will be paid out in total
for one incident. The last $25,000 denotes the total amount
of coverage for property damage. 100/300/50 is similar in
that $100,000 is the per person bodily injury coverage, with
a maximum limit of $300,000 per incident, and $50,000 in
property damage. While 25/50/25 is the state minimum
requirement, it is recommended to have no less than
100/300/50 coverage.
Umbrella policies are designed to protect the assets of
individuals when they are liable for harm or damage to
others, and usually come into play once the underlying
liability policy has been exhausted. Umbrella policies can
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also be useful for an additional source of the all-important
uninsured and underinsured motorist coverage.
The
uninsured and underinsured portion of the umbrella policy
is optional but should always be requested by you when
purchasing an umbrella policy, as you will see in the next
section.
Many times, the amount of automotive or motorcycle
insurance coverage is not adequate to make the injured
party whole. If you are at fault, the injured party may try to
go after your assets once your policy limits have been
reached. Having an umbrella policy will help to protect
your assets and will pay out once other insurance policies
have been exhausted.
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Photo by Ted Domohowski
2-3 – Uninsured and Underinsured Motorist
Coverage – More Important Than You May Realize!
Uninsured Motorist (UM) and Under-Insured Motorist
(UIM) provide coverage from your policy if the at-fault
driver has no insurance or does not have enough to cover
the damages. It covers medical expenses, disability, lost
wages, pain and suffering, property losses, and loss of
consortium.
Georgia insurance laws allow stacking of all your motor
vehicle insurance policies that you or any relatives that live
in your household have at the time of the accident. If you
are involved in an accident with an uninsured/underinsured
driver, you may be able to add the available coverage from
all of your separate motor vehicle policies and all household
relative’s motor vehicle policies to determine the total
amount available.
It is important to notify all UM/UIM carriers AS SOON AS
POSSIBLE. Manzi v. Cotton States Mutual Insurance
Company 243 Ga.App. 277, 531 S.E.2d 164 (2000), was a
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personal injury action for uninsured motorist insurance
benefits. It was determined that Cotton States, the UM
carrier, had no liability under the policy, due to plaintiff,
Manzi, failing to notify Cotton States of the accident in a
timely manner.
Remember, report any accident to your motorcycle
insurance carrier and report it to ALL your motor vehicle
carriers, and any relative’s motor vehicle insurance carriers
that live in your household as soon as possible. This
includes cars, trucks, motorhomes, motorcycles, and any
other motorized vehicle that you have insured. While some
policies may not provide coverage, by reporting the accident
to all of these insurers, they can be prevented from later
denying the potential claim based upon late notice.
Uninsured and underinsured drivers are often some of the
worst drivers on the road. It is expensive to insure people
with bad records, so they are more likely to have the
cheapest coverage available or no coverage at all. This is
another reason why it is so important that you have your
uninsured/underinsured coverage limits at the same levels
as your liability coverage.
The Georgia insurance laws were modified in 2009 to allow
you to choose between two different kinds of uninsured/
underinsured motorist coverage. Of the two types, one is
called “reduced” or sometimes “difference-in-limits”
coverage, and the other is called “add-on” or sometimes
“excess” underinsured coverage.
The “reduced” or “difference-in-limits” coverage is slightly
less expensive, but will only pay if you have higher limits
than the at-fault driver. The better option is the “add-on” or
“excess” coverage that will add to any coverage the at-fault
driver already has.
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Here is an example as to how it all works:
You are riding your motorcycle and Tina merges into your
lane and bumps you off the road. Your bike is badly
damaged and you have some broken bones and some bad
cuts and bruises. Tina is deemed to be at fault but she only
has the state minimum coverage of $25,000 per person
and $50,000 per incident. Your motorcycle alone is valued
at $25,000 and your medical bills for the first three hours
of treatment already exceed $25,000. You still have
current and future pain and suffering to deal with and you
are unsure how long you will be out of work. Even though
Tina was at fault for this life-changing event, her ability to
pay topped out at her policy limits, three hours into your
situation. Fortunately, you are much smarter than Tina
and you have an “add-on” uninsured/underinsured policy
on your bike for $100,000. This means that you have up to
$100,000 in available coverage on top of what Tina's
insurance covered for a total of $125,000 to help
compensate you for pain and suffering, medical bills, lost
wages, and other damages. If you had chosen the
“reduced” coverage, you would only have $100,000
available.
Remember, always insist on “add-on” or “excess” uninsured
and underinsured motorist coverage and be sure that this
coverage is at the same levels as your liability coverage.
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2-4 – GAP Insurance and How It Works
Gap insurance is coverage fills the gap between what you
owe on the motorcycle and what it is actually worth. Gap
insurance is usually sold by the dealership or the finance
company at the time you purchase your motorcycle. Even
though you may have put a down payment on your
motorcycle when you purchased it, there is a chance that
you may owe more than market value. Gap insurance will
generally pay off the difference between your loan and the
settled value of your motorcycle in the event that your
motorcycle is a total loss.
Here is an example to illustrate:
You have just bought a brand new motorcycle for $10,000.
After sales tax, extended warranty, title fees, etc, your total
price was $11,900. You chose to finance this with 10%
down payment. This means that you paid $1,190 at the
time of purchase, and took out a loan for the remaining
$10,710.
After riding your new bike for a few months and racking
up a few thousand miles, your bike is now worth about
$7,500, but you still owe nearly $10,000 on the loan
against it.
You are involved in an accident and the insurance
company declares your motorcycle a total loss. Herein lies
the problem – you owe $10,000 on a bike that you no
longer have, and the insurance company just wrote a check
for $7,500 to the bank that financed it. You now have no
motorcycle, but still owe the bank $2,500. Gap insurance
(subject to the specific terms of the contract) will step in
and pay the deficiency to the bank so that you are not
liable for most or all of the remaining $2,500.
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PART 3
You or Someone You Know Has Been Involved as
a Motorcyclist In a Collision – Now What?
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3-1 – Short Overview of the Process and Some
Quick “What TO Do’s” and “What NOT To Do’s”
If you have been injured in a collision, your first priority is
to get medical care. If able, call the police and an
ambulance to assist you. While at the scene, try to identify
witnesses and any other parties involved. Be sure to get
their names and contact information. If you are unable to
do this, ask a friend or another party at the scene.
Once your injuries have stabilized, get a copy of the crash
report from the responding police department.
Contact and report the accident to your motorcycle
insurance company, the insurance companies of any other
motor vehicles you may own, and motor vehicle insurance
companies of any household relatives. If the other party has
not reported the accident to their insurance carrier, then
report it to them as well.
What TO do:
DO try to gather evidence as soon as possible. Take
pictures of the vehicles involved and the injuries.
Gather the names and contact information of any
witnesses to the collision. Get a copy of the accident
report that should be available from the police
department within a week of the collision.
DO get a friend to retrieve any valuables from your
motorcycle or saddlebags. Your motorcycle may sit
in an impound lot for a period of time and you want
to protect your items from theft.
DO seek competent medical attention immediately if
you are injured. Even if you feel OK, it is a good idea
to get checked out by a physician, rather than to
“tough it out”.
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DO bill all of your medical care to your health
insurer or Medicare provider. Be sure to provide
your health insurance information to the hospital or
doctor, and follow up after treatment to ensure that
they are billing your health insurance company.
Hospitals often claim that they have to bill the motor
vehicle insurance company or hold off billing until a
settlement is reached so they can maximize payment
for their services. Your health insurance has a
negotiated fee schedule with the hospital that is less
than the full price of the healthcare. By requiring the
hospital to bill your health insurer and taking
advantage of the negotiated prices, you allow more
settlement money to be available for other types of
damages. Other than Med-Pay on your motorcycle
policy, the insurance company will not pay your
medical bills unless it is a final settlement.
DO contact and hire an injury attorney if the injury
seems serious. The sooner you have a lawyer on your
side means that you will have very little opportunity
to make mistakes that could harm the recovery in
your case. All injury lawyers offer free consultations,
so take advantage of that fact and let a professional
evaluate whether you may have a claim that would
benefit from the expertise of an attorney.
DO notify your own insurance company about the
collision. Contact and report the accident to the
insurance companies of any other motor vehicles you
may own, and motor vehicle insurance companies of
any household relatives. There are certain notice
provisions required to fully recover using Georgia’s
uninsured/underinsured motorist coverage, so it is
important that you notify your own insurance
company even if you are not at fault.
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If Requested, DO give a statement to your
insurance company. You have a contract with your
insurance company that requires a duty of
cooperation.
DO notify the other driver’s insurance company and
report the crash if they have not done so. It is
acceptable to use the police report to give them basic
information about the collision and that you have
sought medical attention, but do not give them a
recorded statement.
What NOT to do:
DO NOT wait to seek medical attention. Gaps in
medical care can be used against you to discredit the
severity of your injuries. Often times we expect to
heal on our own and only seek medical attention if
the injury lingers. Insurance companies will try to
take advantage of your “toughing it out” to reduce
your settlement or try to say that some subsequent
event or injury may have contributed to your pain or
medical attention requirements.
DO NOT give a recorded statement to the other
driver’s insurance company.
While you are
contractually required to give one to your own
insurance company, you owe no such duty to the
other driver’s insurer.
DO NOT allow the other driver’s insurance company
to access your medical records. You may collect all of
your bills and records and submit them to the
insurance company on your own.
DO NOT accept any checks or sign any papers
unless you are prepared for that to be your final
settlement with no future compensation. Be aware
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that the back of the insurance check where you
endorse to cash or deposit it may have a small release
statement which says that by endorsing the check you
are releasing the claim. If in doubt, ask your attorney
to look it over before you sign.
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3-2 – Do I Need a Lawyer?
The biggest factor to consider when hiring an injury
attorney is the seriousness of the injury. While many small
claims can be handled by an individual, rarely is a large case
ever settled to its full potential without an attorney. Larger
personal injury claims may involve permanent scarring,
permanent disabilities, past and future lost wages, past and
future medical expenses, pain and suffering, and loss of
consortium. Property damage claims sometimes may be
settled without the assistance of an attorney. Remember,
nothing is lost by seeking a free consultation from an injury
attorney to evaluate your case.
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Photo: Furioso by Javiercito
3-3 – Wrecks Involving Animals, Loose Pavement,
Uneven Pavement, Contaminants on the Road
Usually, an animal is on the losing end when it collides with
an automobile; however, an animal colliding with a
motorcyclist can have devastating effects for both the
animal and the motorcyclist. Pet owners can be held liable
for injuries that result from the improper containment of
the pet. O.C.G.A. §51-2-7 lays out the law:
A person who owns or keeps a vicious or
dangerous animal of any kind and who, by
careless management or by allowing the
animal to go at liberty, causes injury to
another person who does not provoke the
injury by his own act may be liable in damages
to the person so injured. In proving vicious
propensity, it shall be sufficient to show that
the animal was required to be at heel or on a
leash by an ordinance of a city, county, or
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consolidated government, and the said animal
was at the time of the occurrence not at heel or
on a leash. The foregoing sentence shall not
apply to domesticated fowl including roosters
with spurs. The foregoing sentence shall not
apply to domesticated livestock.
Most counties or cities have an ordinance that requires a
dog to be within the property limits of its owner, controlled
by a leash, or at heel beside a competent person where the
dog is obedient to that person’s command. This applies to
all breeds of dogs. In a county or city that does not have a
leash law or ordinance, Georgia follows the common law, in
that there must be a showing that the dog owner had
knowledge of the vicious propensities of the dog before
recovery can be had. If a dog owner is found negligent in a
dog collision, their homeowner's or umbrella policies can be
utilized to compensate the injured party.
If you are involved in a collision on your motorcycle with no
other vehicles involved, you may think that it is solely your
fault and that you have no means of recovery. However,
that is not always the case. Individuals and businesses do
have somewhat of a duty to provide or maintain a safe
environment for their visitors, invitees, licensees, and
patrons. If an individual or a business fails to meet their
duty, they can be held liable for harm or damage to another
that results from a breach of that duty. If you are injured on
your motorcycle as a result of loose pavement, uneven
pavement, contaminants on the road or in a parking lot, or
other unexpected hazards, please consult an injury attorney
to explore your options for recovery.
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Photo: 66.NPMR.WDC.14jul07 by Elvert Barnes
3-4 – Who Determines Fault?
If you are injured and there is a dispute as to who is at fault
even if you received a ticket, it is important to consult an
attorney early on to help contest both the ticket and the
liability.
If you are issued a ticket and pay it, this is considered an
admission of guilt. In one Georgia case from 2001, a driver
paid the ticket, but then argued that they were not at fault
(Miller v. Crumbley, 249 Ga.App. 403). The court held that
although the driver pled guilty to following too closely, that
guilty plea was not sufficient to conclusively establish that
they were liable for the harm. While it certainly makes a
recovery more difficult, prevailing case law in Georgia
indicates that admitting guilt by paying a ticket does not by
itself establish liability for the harm.
If you are issued a citation and either plead Nolo
Contendere (no contest) or are found guilty by the court,
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these outcomes may have less relevance in the civil case, as
they are not admissions of guilt.
Unless you are fully convinced that the collision is your
fault, you should consult with an attorney to examine the
facts surrounding the collision and citation to help you
choose the best path for recovery.
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Photo: My Mother's Bed by mah_japan
3-5 – Fixing Yourself – Medical Care, Chiropractic
Care, Physical Therapy, Etc.
As noted previously in the DOs and DO NOTs section, seek
medical care from a Medical Doctor if you are injured.
While Chiropractic care may be an appropriate treatment, it
is important that you have treatment and diagnosis from a
Medical Doctor first. Unfortunately, insurance companies
and juries will sometimes lend less credibility to
Chiropractors than they would to Medical Doctors.
Furthermore, it can be difficult to have some Chiropractic
care covered by your health insurance, which means that
any future recovery may go toward paying your
chiropractor.
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Completely follow through with any physical therapy
recommended by your Medical Doctor. The healing process
can be time consuming and you must put forth your best
efforts to make it work.
You risk your health and
diminishing the value of your case if you do not seek
medical attention when needed and do not follow up with
the recommended therapies.
Healthcare providers can bill you directly, bill your health
insurance company, or sometimes put a lien on your case.
As previously mentioned in this book, your healthcare
providers may want to get paid out of the settlement
proceeds. Since your health insurance company has already
negotiated discounted rates with your healthcare provider,
more money is available to compensate you for other
damages. You can ask them to bill your health insurance,
present them with a copy of your health insurance card, and
then follow up to ensure it is done.
If you do not have health insurance coverage, or if the
hospital does not timely bill your health insurance, the
hospital may put a medical lien on your claim. Details of
medical liens can be found in O.C.G.A. §44-14-471. Once a
medical lien is filed, it can be very difficult to fairly settle
your case without the assistance of an attorney.
Once your case settles, your health insurance company may
assert a claim for a right to be reimbursed from your
settlement.
Sometimes they must be reimbursed,
sometimes they have no claim, and sometimes it can be
negotiated for less than the whole amount paid. This
analysis is complex and depends upon whether Georgia law
or Federal law applies. You should always consult any
attorney if you are dealing with these issues.
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Photo: IMG_0762 by Dailylifeofmojo
3-6 – Fixing Your Bike – The Dealership Repair
Process and Fair Compensation for a Total Loss
At some point after your collision, the insurance company
will want to inspect your motorcycle and evaluate the
damage. If the motorcycle has not been taken to a repair
facility, the adjuster will often come to your home or the
storage lot where the motorcycle is located to inspect the
damage and write an estimate. Often, this estimate for
repair is incomplete. It is possible that the cost to repair
your motorcycle exceeds the insurance adjuster’s initial
estimation. The insurance company does not have the final
word on how much it costs to repair your motorcycle.
Always obtain an independent damage estimate from a
reputable repair facility, either a motorcycle dealer that sells
motorcycles of the same make as your damaged motorcycle,
or an independent shop that you trust. Insurance adjusters
do not repair bikes - they write checks and take pictures.
Let those who repair bikes for a living make the
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determination as to how much it will cost to correctly fix the
motorcycle. While the insurance company has an interest in
keeping the repair costs low, a dealership has your safety
and satisfaction in mind when evaluating the damage to
your motorcycle.
Once a dealership has completed their estimate, the amount
could be more than the insurance adjuster's estimate and
some negotiation may be required to obtain a complete
repair that is satisfactory to both parties. Dealerships are
often able to justify every hour of labor and every part
needing replacement, so the negotiation should be quick.
Drawn out repair disputes could arise when an insurance
adjuster is unfamiliar with the peculiarities surrounding
motorcycle collision repairs that do not exist in automotive
collision repairs. Sometimes a face-to-face meeting with
you, the adjuster, and the dealership can help iron out any
points of dispute.
Once the estimate is complete and agreed upon, the adjuster
considers the cost of the estimate against the replacement
cost of the motorcycle itself. Each insurance company has a
different threshold, but when the cost of the repair
approaches between 60% and 80% of the value of the
motorcycle, the insurance company will usually declare it to
be a total loss, and pay to you the value of your motorcycle.
If a declaration of total loss is inevitable, the next step is to
determine the value of the motorcycle. The value of your
motorcycle is whatever it would cost you to replace it, as of
the date of loss, with a motorcycle that is reasonably
similarly equipped and of the same year, same make, and
same model with similar mileage and of similar condition to
your motorcycle before the collision occurred. The best way
to find the value of your motorcycle is to shop for it. Go to
dealers and search the classified ads for essentially your old
bike. You may also try valuation guides such as Kelley Blue
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Book or NADA for a valuation estimate, but comparable
motorcycles offered for sale generally carry more weight.
Once you find three good comparable motorcycles, average
the prices together and that should be the settled value of
your motorcycle once it is totaled. Present this information
to the insurance adjuster and fight to keep the numbers
high. You may be entitled to additional compensation if you
just had some maintenance or accessory work done to the
bike prior to the collision. Gather as much documentation
as you can so that you are well-armed to get the best value
out of your bike. Include all receipts, part numbers, and
prices for any options or extras added to your bike.
Remember that you are also entitled to be reimbursed for
the title ad valorem tax for your motorcycle. Each vehicle
has a fair market value identified in the State Motor Vehicle
Assessment Manual and for 2016 through 2018, you would
be entitled to 7% of that value in addition to the agreedupon value of the motorcycle at settlement.
If the estimate for repairs is such that the insurance
company is willing to repair the bike rather than total it out,
they will usually issue a check once the initial estimate is
finalized. Often, this check is in your name and as well as
the repair facility’s name. Insurers do this to ensure the
motorcycle is fixed according to the estimate. It also
protects the security interest of the lienholder (the bank that
loaned you the money for the bike). The insurance
company can write the check directly to you if there is no
lien. For checks written to both you and the dealership, the
dealership usually will require that you endorse the check
over to them in order to begin the repairs or order the parts.
There is great flexibility as to what parts get used to replace
the damaged ones. As long as it maintains or enhances the
value and safety of the motorcycle, and as long as any
additional costs are paid by you, most dealerships and
insurance adjusters have no problem with upgrades during
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collision repairs. If the technician has the bike taken apart,
it will often cost less to do those upgrades at the same time.
Speak first with your service consultant at the dealership
about the upgrades that you are considering. Once a final
decision is made, the service consultant can notify the
insurance adjuster if any permission is needed for the
changes to the repairs. Remember to make these decisions
after a final repair price has been agreed upon, but before
the check is signed over and parts are ordered. Once the
parts get ordered, you may have to pay a restocking fee to
cancel those orders if you change your mind later.
If during the repairs the dealership finds additional damage
that was unseen or unknown during the initial estimate,
they will contact the insurance adjuster to file a
supplemental claim. Payment of supplemental claims is
direct from the insurance company to the dealer, and
sometimes will require a re-inspection of the motorcycle by
the adjuster. The service consultant at the dealer will
ordinarily handle these supplemental claims directly with
the insurance company and will usually not require your
approval.
If a deductible applies to your motorcycle repair, the
insurer’s checks to the repair facility should add up to the
total cost of the repairs minus your deductible. For example
if your estimate was for $4,000 and there was a
supplemental claim for $560, and you had a $500
deductible, by the time you pick up your bike, the dealership
should have received $4,060 in checks from the insurance
company and the last $500 due to the dealership is your
deductible. If the collision was the fault of another driver,
but you went through your insurance company to fix your
motorcycle, you should receive a check in the amount of
your deductible from the other insurance company. This
subrogation process can take a few months to complete, so
be prepared to front the cash for your deductible.
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If your motorcycle is repaired and is not a total loss, another
thing to negotiate with the insurance company is your claim
for diminished value. The diminished value of a repaired
motorcycle is equal to the difference between what your
bike would sell for in a repaired condition after a collision,
and what a similar bike in the same condition without any
damage history would sell for. With the advent of CarFax
and other vehicle history products, the consumers are more
aware of collision histories and will place a premium on
vehicles with a damage-free history while placing a discount
on those vehicles that have been repaired. Motorcycles
differ somewhat from cars in this category in that most
motorcycle repairs are made by replacing parts rather than
repairing them.
Additionally, most manufacturers of
motorcycles require damaged frames to be replaced and not
repaired. These two factors make for a smaller difference in
value between a damage-free motorcycle and a repaired
motorcycle. Still, if your motorcycle is less than 5 years old
or has relatively low mileage at the time of the repair, you
may have a good starting point for a diminished value claim.
Once your motorcycle repairs are completed, thoroughly
inspect it prior to leaving the dealership. Discuss any
concerns that you may have with the service consultant at
the dealership so that they can be promptly addressed.
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Photo: Immobilized Patient by Werner Vermaak
3-7 – Getting Fairly Compensated for Your Injury,
Lost Wages, Pain and Suffering, Etc.
The victim of a personal injury has a legal claim to
compensation for past and future medical expenses, pain
and suffering, past and future lost wages, short-term and
permanent disabilities, and loss of enjoyment of life. These
are called compensatory damages because they serve to
compensate the victim for the things he or she has lost as a
result of the other driver’s negligence. Punitive damages on
the other hand, are designed to punish the offender when
the negligent party acted in a way that shows reckless
indifference to the consequences, such as drunk driving.
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Photo: Gavel by Walknboston
3-8 – When to Settle and When to Litigate
Very few personal injury cases actually reach the courtroom.
Most are negotiated and settled before a judge or jury hears
the first word. Your attorney can help you to intelligently
evaluate the settlement offers presented, estimate the value
of your case, and analyze the costs and likelihood of success
should you choose to take it to court. Cases only go to court
when the victim cannot agree on a settlement amount for
the harm caused by the negligent party or there is a dispute
as to who caused the accident. Attorneys do not make these
decisions - it is the injured victim who must decide how to
proceed. The attorney simply explores the law, explores the
facts, explores the position of both parties, and offers up his
best estimation of the outcomes. The client always has the
final say in what happens. Settlement can occur within a
year or two of the collision while litigation can drag on for
years beyond that. Sometimes however, litigation is the
only way to get fair compensation for your injuries.
Personal injury claims must have some proximity in time to
the event that caused the injury. Georgia has a law
regarding the amount of time that can run between when an
injury occurs and when a claim can be brought. This type of
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law is called a statute of limitations, or SOL. If the SOL has
run, then you are usually SOL.
You must file your injury lawsuit in Georgia within two
years. There are some specific exceptions for minors and
incompetents or in cases where the negligence that caused
the injury is a crime, but usually the last possible day to file
suit is the two-year anniversary date of the injury. This is
covered by O.C.G.A. §9-3-33 which reads:
Actions for injuries to the person shall be
brought within two years after the right of
action accrues, except for injuries to the
reputation, which shall be brought within one
year after the right of action accrues, and
except for actions for injuries to the person
involving loss of consortium, which shall be
brought within four years after the right of
action accrues.
Sometimes, where the negligence that caused the injury is a
crime, the statute of limitations may not start to run until
the date of disposition of the citation or criminal case.
These circumstances are very fact-dependent and require
careful analysis. However, it may provide a buffer if two
years has passed since your injury and you have not yet
settled or filed suit. It is usually a best practice to settle or
file before the expiration of two years from the date of the
injury.
Georgia’s uninsured motorist claims are also bound by the
two-year statute of limitations, not the four or six year
breach of contract statute.
Each case and each insurer is different. There is never one
right answer. You must evaluate and balance the options to
make an informed decision as to how to proceed. A good
competent motorcycle injury attorney can help you do that.
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3-9 –Who gets what after a settlement or verdict?
Once you have either settled on a dollar amount for the
claim or a verdict has been rendered in your favor, and you
have collected on that settlement or judgment, any parties
who paid medical bills on your behalf will try to seek
reimbursement and in some cases will have to be paid out of
the settlement. These entities include, but are not limited
to: medical payment coverage on your motorcycle policy,
Medicare, Medicaid, Tricare, health insurance and workers
compensation. Just because they claim to have a right to
reimbursement does not necessarily make it so. Again,
having a personal injury attorney involved is vital to ensure
a fair outcome.
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Photo Credits
Hannah Watwood's original photographs and others as noted:
(URL'S for photos used under Creative Commons Licenses)
Creative Commons License Attribution 2.0 Generic:
COVER: Art by Ric Elias, Thunder Road Studios
http://thunderroadstudios.com
Up Side Down:
http://www.flickr.com/photos/jurvetson/4585610128/
Mirrored Helmet:
http://www.flickr.com/photos/superde1uxe/3549512653/
Habal-habal Samal Transportation:
http://www.flickr.com/photos/digypho/4258661371/
66.NPMR.WDC.14jul07:
http://www.flickr.com/photos/perspective/819261451/
Harley Model 8:
http://www.flickr.com/photos/chefranden/218718874/
Lights:
http://www.hairyandchaps.com
Rubber and Glue:
http://www.flickr.com/photos/cwsteeds/3151481117/
My Mother's Bed:
http://www.flickr.com/photos/mah_japan/2570998640/
Immobilized Patient:
http://www.flickr.com/photos/changereality/2349538868/
Gavel:
http://www.flickr.com/photos/walkn/3314689121/
IMG_0762:
http://www.flickr.com/photos/dailylifeofmojo/2873703635/
Burning Biker:
http://www.flickr.com/photos/pss/3683360341/
Furioso:
http://www.flickr.com/photos/javiercito/2083111412/
Creative Commons License Attribution-No Derivative Works 2.0 Generic
Save yourself !:
http://www.flickr.com/photos/wiltshirespc/3300967917/
Creative Commons License Attribution 3.0 Unported
Speedo:
http://thepovertyjetset.com/2006/10/17/darren-fanizio-documentary/
Creative Commons License Attribution-Noncommercial-No Derivative Works
2.0 Generic
High Handlebars:
http://www.flickr.com/photos/travelinlibrarian/2528490160/
Lanesplitcongestion7824:
http://www.flickr.com/photos/42614915@N00/2687787675/
Burn Out!:
http://www.flickr.com/photos/codeseven/3808835330/
Beer:
http://www.flickr.com/photos/chavals/2891111578/
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