Rule 120-2-28-.04 - DefinitionsThe following terms shall have the meaning set forth in this Regulation Chapter and in the Georgia Motor Vehicle Accident Reparations Act (O.C.G.A. §§ 33-34-1et seq.) Unless a different meaning or construction is clearly required by the context:
(a) "Act" shall mean the Georgia Motor Vehicle Accident Reparations Act.(b) "Commissioner" shall mean the Commissioner of Insurance.(c) "Medical Payments Coverage" shall be defined as set forth in O.C.G.A. § 33-34-2(1).(d) "Motor vehicle" shall be defined as provided for in O.C.G.A. §§ 33-34-1et seq., provided however that the term "motor vehicle" shall not include: 1. vehicles owned by the federal government which are not required to be registered in this State:2. farm vehicles, mobile equipment and other vehicles not designed primarily for use on the public roads and which are not required to be registered in this State.(e) "Mobile equipment" shall mean land vehicles such as power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spraying, welding and building equipment; and geophysical exploration and well servicing equipment, and machinery, or apparatuses attached thereto, regardless of whether such vehicles are self-propelled.(f) The phrases "personal automobile policy," "personal or familytype policy of motor vehicle insurance," and "private passenger" as used in O.C.G.A. §§ 33-34-1et seq., shall mean policy or policies insuring a natural person as named insured or one or more related individuals resident of the same household which provides bodily injury and property damage liability coverage, medical payments coverage, comprehensive and/or collision coverage, and loss of use coverage, or any combination of coverages and under which the insured vehicles designated in the policy are of the following types only: 1. any motor vehicle of the private passenger, station wagon, or jeep type that is not used as a public or livery conveyance for passengers nor rented to others; or2. any other four-wheel motor vehicle with a load capacity of 1,500 pounds or less which is not in the occupation or professional business of the insured, provided, however, these phrases shall not apply to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.(g) "Insurer" shall mean an insurance company transacting motor vehicle liability insurance in this State.(h) "Motorcycle" means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor or moped.(i) "Loss or Use" as used in Rules 120-2-28-.05 and 120-2-28-.07 shall mean reasonable and necessary rental expenses or other reasonable transportation expenses incurred as a result of the loss of use of a motor vehicle by an injured third party as the result of an auto accident. These payments shall be available until such time as the insurer has determined the amount of the loss and offered to pay or the limit of liability has been exhausted.Ga. Comp. R. & Regs. R. 120-2-28-.04
O.C.G.A. Secs. 33-2-9, 33-34-1, 33-34-11.
Original Rule entitled "Definitions, Words, and Phrases" was filed and effective on December 20, 1974, as Emergency Rule 120-2-28-0.2-.04.Amended Emergency Rule repealed and permanent Rule of the same title adopted. Filed January 16, 1975; effective February 5, 1975.Amended: Rule repealed and a new Rule of the same title adopted. Filed October 28, 1983; effective December 1, 1983, as specified by the Agency.Repealed: New Rule of same title adopted. F. Sept. 4, 1990; eff. Oct. 1, 1990, as specified by the Agency.Repealed: New Rule entitled "Definitions" adopted. F. Nov. 25, 1996; eff. Dec. 15, 1996.Repealed: New Rule, same title, adopted. F. Apr. 14, 1998; eff. May 4, 1998.