Definitions

As used in this chapter, the term: (1) “Access area” means any paved walkway or sidewalk which is within 50 feet of any remote service terminal. The term does not include any street or highway open to the use of the public or any adjacent sidewalk. (2) “Access device” shall have the same meaning as set forth in Federal Reserve Board Regulation E, 12 C.F.R. Part 205, promulgated pursuant to the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1601, et seq. (3) “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured. (4) “Control” of an access area or defined parking area means to have the present authority to determine how, when, and by whom such access area or defined parking area is to be used, maintained, lighted, and landscaped. (5) “Customer” means a natural person to whom an access device has been issued for personal, family, or household use. (6) “Defined parking area” means that portion of any parking area open for customer parking which is: 801 7-8-1 (A) Contiguous to an access area with respect to a remote service terminal; (B) Regularly, principally, and lawfully used for parking by users of the remote service terminal while conducting remote service terminal transactions during the hours of darkness; and (C) Owned or leased by the operator of the remote service terminal or owned or controlled by the party leasing the remote service terminal site to the operator. The term does not include any parking area which is not open or regularly used for parking by users of the remote service terminal who are conducting remote service terminal transactions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple-level parking area satisfies the conditions of this paragraph and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the remote service terminal to be the most directly accessible to the users of the remote service terminal shall be a defined parking area. (7) “Financial institution” means such an institution as defined in Code Section 7-1-4. (8) “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. (9) “Operator” means any bank, savings association, credit union, savings bank, or other business entity or any person who operates a remote service terminal, but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data. (10) “Owner of an automated teller machine” means the person having the right to determine the financial institutions which will be permitted to use, or participate in the usage of, the automated teller machine but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data. (11) “Public road” means any public right of way, including, but not limited to, structures, sidewalks, facilities, and appurtenances incidental thereto. (12) “Remote service terminal” means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by store cashier. 802 7-8-3 History. Code 1981, § 7-8-1, enacted by Ga. L. 1993, p. 917, § 12; Ga. L. 1994, p. 97, § 7. 7-8-2. Safety evaluation procedures; legislative intent; effect of violation. (a) On or before July 1, 1994, with respect to all existing installed remote service terminals in this state, and any remote service terminals installed after July 1, 1993, the operator shall adopt procedures for evaluating the safety of the remote service terminals. These procedures shall include a consideration of the following: (1) The extent to which the lighting for the remote service terminal complies or will comply with applicable standards; (2) The presence of landscaping, vegetation, or other obstructions in the area of the remote service terminal, the access area, and the defined parking area; and (3) The incidence of crimes of violence in the immediate neighborhood of the remote service terminal as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge. (b) It is not the intent of the General Assembly in enacting this chapter to impose a duty to relocate or modify remote service terminals upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all remote service terminals as provided in this chapter. A violation of the provisions of this chapter or any regulation made pursuant thereto will not constitute negligence per se. History. Code 1981, § 7-8-2, enacted by Ga. L. 1993, p. 917, § 12. 7-8-3. Date of compliance; provision of adequate lighting.