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State Bike Laws

Riding a bike is a healthy, fun and safe activity. However, it isn't without some risk. The following information highlights 13 areas of law that may minimize that risk and have the potential to reduce conflicts between bikes and cars (and other traffic). These highlights only cover statewide laws and are not comprehensive.

If you want to learn more about state bicycling policies and efforts, check out our Bicycle Friendly State program.

Check out our Smart Cycling videos if you are interested in bicycling education videos.

All laws mentioned here were compiled as part of a research project in the fall of 2012 and may be subject to change. We update laws as we work with our member advocacy organizations to pass better laws and as advocates or the public tell us about changes. Please help us keep them updated by contacting [email protected] with any updates.

Select your state from the list below to review that state's bike laws.

Georgia

Safe Passing Laws

Georgia requires that the operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows:(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times.

Source: Ga. Code Ann. §40-6-56

Helmet Law

Georgia requires that any person under the age of 16 riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet.

In addition no person shall transport a child under the age of one year as a passenger on a bicycle except on a bicycle trailer or in an infant sling and such child transported in a bicycle trailer or infant sling is wearing a bicycle helmet.

The failure to wear a helmet as specified above shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.

Source: Ga. Code Ann. §§40-6-296; 40-6-292

Vulnerable Road User Laws

Georgia does not have any vulnerable road user laws at this time. There are currently no national standards for laws protecting vulnerable road users, but the League of American Bicyclists has drafted a Model Vulnerable Road User statute, which you can find here.

Source: N/A

Distracted Driving Laws

Georgia currently has the following laws aimed at distracted driving, subject to limited exceptions:

  • The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion;
  • No person who has an instruction permit or a Class D license and is under 18 years of age shall operate a motor vehicle on any public road or highway of this state while engaging in a wireless communication using a wireless telecommunications device; and
  • No person who is 18 years of age or older or who has a Class C license shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.

Source: Ga. Code Ann. §§40-6-165(e); 40-6-241.1; 40-6-241.2

Where to Ride

Georgia requires that every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except under any of the following circumstances:

  • When turning left or avoiding hazards to safe cycling,
  • When the lane is too narrow to share safely with a motor vehicle,
  • When traveling at the same speed as traffic, or
  • While exercising due care when passing a standing vehicle or one proceeding in the same direction.

Every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.

Source: Ga. Code Ann. §40-6-294

Sidewalk Riding

In Georgia, bicycles are defined as vehicles. Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.

Source: Ga. Code Ann. §§40-6-144; 40-1-1

Mandatory Use of Separated Facilities

Georgia requires that whenever a usable path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such path and not use those sections of the roadway as specified by such local governing authority.

The governing authority may be petitioned to remove restrictions upon demonstration that the path has become inadequate due to capacity, maintenance, or other causes. Paths shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such paths shall provide accessibility to destinations equivalent to the use of the roadway.

Source: Ga. Code Ann. §§40-6-294(c) & (d)

Bicycling Under the Influence

In Georgia, bicycles are defined as vehicles. Georgia’s law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore applies to bicyclists. Bicycles should not be operated while intoxicated and operating a bicycle while under the influence of alcohol or other controlled substances may result in severe punishments.

Source: Ga. Code Ann. §§40-6-391; 40-1-1

“Idaho Stop” and Vehicle Detection Errors

Georgia does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.

Source: N/A

Authorization for Local Regulation of bicycles

Georgia provides that its state traffic laws shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from requiring the registration and inspection of bicycles, including the requirement of a registration fee.

Source: Ga. Code Ann. §40-6-371

Dooring law

Georgia requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Source: Ga. Code Ann. §40-6-243

Treatment as a Vehicle

In Georgia bicycles are vehicles according to the statute that defines vehicles and a person riding a bicycle has all of the rights and duties of the driver of a vehicle as provided in Chapter 40-6 of the Georgia Code with certain enumerated exceptions and except as to those provisions which by their nature can have no application.

Source: Ga. Code Ann. §§40-1-1(75); 40-6-291 

Source of Laws

The laws regulating the operation of bicycles in the state of Georgia are generally found in the Georgia Code (Ga. Code Ann.), available here http://www.lexisnexis.com/hottopics/gacode/.

Other Resources

The following resources may be useful:

Compilation of laws by Georgia Bicycle: http://www.bicyclegeorgia.com/galaw.html