Georgia MV Bill...

[rmgill]

How's this look so far:

Section 2.

Amend 40-5-142
to state
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property in commerce:

And

provided, however, that for the purposes of this article, no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, [strike]recreational vehicle,[/strike] or any motor vehicle operated for personal use, or antique or hobby or special interest, or historic military special interest vehicle as defined by 40-2-77 or 40-02-77.1, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise shall NOT be considered interstate or intrastate commerce. (Similar waivers or exemptions by the Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 390 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person’s farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes.

 

[rmgill]

Section 3.

Amend this 40-2-77 (b)
(b) Upon application, registration, and payment of an annual registration fee of $20.00, the commissioner shall issue a special license plate, as described in this Code section, for every antique or hobby or special interest vehicle within the state which is a private passenger car, truck [strike]weighing less than 14,000 pounds[/strike], or motorcycle.

And amend 40-2-77 (d)
(d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car, truck [strike]weighing less than 14,000 pounds[/strike], or motorcycle, as applicable, before issuing these plates in lieu of the regular Georgia license plate.

 

[rmgill]

Section 4.

Add this section:
40-2-77.1
In order to promote the remembrance of Georgia veterans and their sacrifice, there shall be issued, beginning January 1, 2011, a special license plate promoting historic military vehicles with a special fund to be devoted to Veteran’s Service in Georgia.
(a) As used in this Code section, the term 'historic military special interest vehicle' means any motor vehicle or towed vehicle which was used by the Armed Forces of the United States or other nation’s armed forces or a motor vehicle which has been designed and manufactured to resemble such a vehicle, which is in historic condition and which is owned as a collector’s item and for participation in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation. For the purposes of this article, ‘Historic Condition’ shall be reasonably construed and a published source whether magazine, book, journal, other print or electronic publication, or photographic documentation shall constitute as sufficient proof of historic condition.
(b) Upon application, registration, and payment of an annual registration fee of $20.00, the commissioner shall issue a special license plate, as described in this Code section, for every historic military special interest vehicle within the state which is a private car, truck, or motorcycle.
(c) For every historic military special interest vehicle registered, an additional $25 shall be collected for the first vehicle, additional vehicles registered by the same owner shall not be required to have the fee levied in that same calendar year, provided however that the vehicle owner may donate additional funds voluntarily. This fee shall be transferred to the Georgia Department of Veterans Service to be used as a supplement for any Georgia War Veterans Home or any Georgia Veterans Memorial Cemetery as deemed by the Georgia Department of Veterans Service Commissioner.
(d)For historic military special interest vehicles, said license plates shall be of metal at least four inches wide and not less than seven inches in length and shall show in bold characters the words ‘Historic Military Vehicle,' as appropriate, the full name or the abbreviation of the name of the state, distinctive numbers or letters or a combination thereof, and other distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state.
(e) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car, truck, or motorcycle, as applicable, before issuing these plates in lieu of the regular Georgia license plate.
(f) Special plates issued under this Code section shall be transferred to another historic military special interest vehicles as provided by Code Section 40-2-80.
(g) Any vehicle for which an historic military special interest vehicles license plate has been issued pursuant to this Code section may be operated upon the roadways of this state in the same manner and under the same conditions as any vehicle bearing a regular Georgia license plate. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state.
(h) For the purposes of code enforcement, historic military special interest vehicles registered under these provisions shall be equivalent to other private passenger vehicles of similar weight and size and shall not be construed as commercial or business vehicles nor subject to any special penalties for their ownership storage or operation. This section shall preempt any ordinance passed by any city, county, or municipality within the jurisdiction of the state of Georgia.



This is the largest section so far.

 

[dittle]

Does GA write up laws based on weight of the vehicle (your 14,000 lb) or the GVWR which is "26,000 and under"?

 

[airmech3839]

I am GA resident and am behind you. I agree Tracked would be hard nut to crack for even GA lawmakers! Most don't even know what some of our MV's look like and would think about M1Abrams rolling down through downtown Atlanta!!! (even though you would need one after dark)

 

[rmgill]

Note, the Historic Military license plate has NO limiting age. You get your hands on a prototype FMTV or one you rebuild, and it looks reasonably well (reasonably construed). The historic condition bit is to separate the historic MVs from the others. A jeep painted up in pink isn't going to be historic unless it's one of those follow me jeeps from an USAAF base.

What do you guys think of paragraph (h) from section 4 above?

 

[rmgill]

I am GA resident and am behind you. I agree Tracked would be hard nut to crack for even GA lawmakers! Most don't even know what some of our MV's look like and would think about M1Abrams rolling down through downtown Atlanta!!! (even though you would need one after dark)

We've had tracked vehicles before. Other states allow halftracks with rubber band tracks. Frankly, I'm sure the halftrack guys would LOVE to be able to run their trucks down the road on occasion. If only to have some fun.

Tracked vehicles don't in fact cause damage to the if they have rubber pads in good condition.

I'm inclined to add the section and see if it passes. If too many people have a problem, we can always remove that as part of the "ok, we'll give a little and remove that section".

 

[rmgill]

Does GA write up laws based on weight of the vehicle (your 14,000 lb) or the GVWR which is "26,000 and under"?

'It depends on the section and the code in question. Everyone construes the 14,000 lb limit to be curb weight not GVW. That's how the tag office does it. However, I'd like to remove that constraint so if you have a 1945 civilian Autocar, you can tag it as a historic/antique vehicle.

And if you have a 1945 Mack NO Artillery tractor you can as well OR you can tag it as a Historic Military Vehicle.

 

[airmech3839]

What about having so that we could use our trucks as personal? It sounds like you have it as though we can only use it as show trucks. What if I wanted to go camping with the kids, or go pick up a load of pallets of whatever and bring it home or for a friend?

 

[rmgill]

Section 5.

Amend 10-1-2.
(5) 'Motor vehicle' means any device or vehicle operated over the public highways and streets of this state and propelled by other than muscular power but does not include traction engines, road rollers, implements of husbandry and other agricultural equipment, and such vehicles as run only upon a track. Provided however that a historic military vehicle registered under 40-2-77.1, which has rubber tracks or rubber track pads in good condition with no metal making contact with the road surface, and which does not exceed the weight rating or capacity of the road or bridge, may be operated on Georgia roads as any other vehicle.

 

[rmgill]

What about having so that we could use our trucks as personal? It sounds like you have it as though we can only use it as show trucks. What if I wanted to go camping with the kids, or go pick up a load of pallets of whatever and bring it home or for a friend?

Note the underlined part. In Georgia, there is NO restriction on the use of Antique/Hobby vehicles from use as general transportation. Other states have this provision. My draft of 40-2-77.1 more or less copies from 40-2-77.

for participation in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation.


The exception is the use of the vehicle for business. That's covered in 40-5-142.

 

[appalachiantraildeuce]

Any updates on MV bills for GA? Are there any laws/codes on the books presently or is this the first effort? Is anyone championing this in the current legislative session? Thanks!

 

[airmech3839]

Let me know what I can do to help as well.....I am now a GAMVPA member so lets get this thing going....would love to help in any way

Tracy

 

[twright]

I live in Rockmart Ga will do all I can to help . I have a bunch of green Trucks like M816 a bunch of M35s and other things
AEC Retired Tony