Hinton v. Interstate Guaranty Insurance , 267 Ga. 516 ( 1997 )

Thompson, Justice,

dissenting.

Although the uninsured motorist statute¹⁶ does not define the term “motor vehicle,” it defines an “uninsured motor vehicle” as one as to which there is either no, or insufficient, liability insurance. Thus, the true inquiry in determining whether a vehicle is an uninsured motor vehicle for uninsured motorist purposes, is whether the vehicle must be insured. See generally Smith v. Commercial Union Assurance Co., 246 Ga. 50 (268 SE2d 632) (1980). In my view, this inquiry can only be answered by the legislature.

The legislature has seen fit to require liability insurance for motor vehicles “having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads and highways and driven by power other than muscular power.” OCGA § 33-34-2 (1). Inasmuch as the farm tractor in this case was not “designed primarily for operation upon the public streets,” it does not meet this definition. Accordingly, I would hold that it was not a motor vehicle for uninsured motorist purposes.

Decided February 24, 1997. Howard E. Spiva, Cecil C. Davis, for appellant. Chambers, Mabry, McClelland & Brooks, Clyde E. Rickard III, for appellee.

I am not led to a contrary conclusion simply because motorcycles are required to carry liability insurance. In fact, that requirement lends strength to my view that farm tractors are not uninsured motor vehicles. After all, if the legislature could go out of its way to expressly require motorcycles to carry liability insurance, it could have also required farm tractors used on a public highway to carry such insurance. However, the legislature specifically excluded tractors from such an insurance requirement. See OCGA § 40-6-11 which requires motorcycles to carry liability insurance and reads, in part: “For purposes of this Code section, ‘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 wheels in contact with the ground but excluding a tractor and a moped.”

Relying solely on the remedial nature of the uninsured motorist statute, the majority would have us hold that any motor vehicle which is uninsured, and collides with another vehicle on a public road, is an “uninsured motor vehicle.” I believe that, in so doing, the majority enters the legislative realm without authority. Accordingly, I respectfully dissent.

16 See OCGA § 33-7-11 (b) (1) (D).