Opinion
74631.
DECIDED MAY 13, 1987.
Action on policy. Bibb Superior Court. Before Judge Morgan.
Julius A. Powell, Jr., for appellant. John C. Edwards, Frank H. Childs, Jr., for appellees.
The appellant's son was injured when a Honda three-wheeler motor vehicle, on which he was a passenger, was struck by a pickup truck. The appellee, Auto-Owners Insurance Company, insured the pickup truck, providing basic no-fault benefits. The appellant commenced this action against Auto-Owners, asserting a claim for her son's injuries on the basis that he was a pedestrian. The trial court granted summary judgment for Auto-Owners, concluding that the appellant's son was occupying a motorcycle and thus not entitled to no-fault benefits as a pedestrian. This appeal followed. Held:
OCGA § 33-34-2 (11) defines pedestrian as "any person not occupying a motor vehicle or a motorcycle or any other motor driven vehicle designed primarily for operation upon the public streets, roads, and highways or not in or upon a vehicle operated on stationary rails or tracks or not in or upon any aircraft." OCGA § 40-1-1 (25) defines motorcycle as "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 and moped." This court has previously classified a recreational "trial bike" as a motorcycle within the meaning of OCGA § 33-34-2 (11). Prince v. Cotton States Mut. Ins. Co., 143 Ga. App. 512 ( 239 S.E.2d 198) (1977); Walker v. Leader Nat. Ins. Co., 177 Ga. App. 556 ( 340 S.E.2d 231) (1986). We conclude that the recreational Honda three-wheeler likewise must be considered a motorcycle within the meaning of OCGA § 33-34-2 (11), and summary judgment for the appellee was proper.
Judgment affirmed. Birdsong, C. J., and Pope, J., concur.