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2018 Georgia Code 46-3-30 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 1 GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY

46-3-30. Short title.

This part shall be known and may be cited as the "High-voltage Safety Act."

(Code 1981, §46-3-30, enacted by Ga. L. 1992, p. 2141, § 1.)

Editor's notes.

- Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-30 as present Code Section 46-3-32.

Law reviews.

- For annual survey article discussing workers' compensation law, see 51 Mercer L. Rev. 549 (1999). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).

JUDICIAL DECISIONS

Constitutionality.

- The High-Voltage Safety Act, O.C.G.A. § 46-3-30, does not deprive injured persons of due process by abolishing a common law claim, since the legislature has the authority to abolish such claims prior to their accrual; nor is the Act unconstitutionally vague. Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998).

Requirement of notice is clear.

- The language of the Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., is clear and unambiguous in its requirement that notice be given before work is commenced in proximity to high-voltage lines, and in its provision that lack of such notice insulates an owner of the lines from liability. Jackson Elec. Mbrshp. Corp. v. Smith, 276 Ga. 208, 576 S.E.2d 878 (2003).

Cited in Brown v. Southern Bell Tel. & Tel. Co., 209 Ga. App. 99, 432 S.E.2d 675 (1993).

Cases Citing O.C.G.A. § 46-3-30

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Santana v. Georgia Power Co., 498 S.E.2d 521 (Ga. 1998).

Cited 33 times | Published | Supreme Court of Georgia | Feb 23, 1998 | 269 Ga. 127, 98 Fulton County D. Rep. 648

...ould be done in the vicinity, and no safety precautions were in place in anticipation of the work to be done. Based on that record, the trial court granted summary judgment to Georgia Power on the ground that the High-Voltage Safety Act (HVSA), OCGA § 46-3-30 et seq., relieved Georgia Power from liability because of appellants' and their employer's failure to give statutorily-required notice of their potential work near a high-voltage line....
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Malvarez v. Georgia Power Co., 300 S.E.2d 145 (Ga. 1983).

Cited 32 times | Published | Supreme Court of Georgia | Feb 16, 1983 | 250 Ga. 568

...insulate them against the type of accidental contact which occurred. Georgia Power denies that the lines were within eight feet of the building but contends that if they were, then it is absolutely protected from liability by the provisions of OCGA § 46-3-30 et seq....
...e lines, the persons responsible for the work shall promptly notify the owner of the lines, who upon notification and within a reasonable time, shall perform such acts as are reasonably *569 necessary to guard against danger from accidental contact. Section 46-3-30 (Code Ann....
...e alleged negligence of the owner or operator in installing or maintaining the lines?" The answer is no. Although an employee as well as his employer may in some circumstances be a "person responsible" for notifying the line owner or operator, (OCGA § 46-3-30, Code Ann....
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Flint Elec. Membership Corp. v. Ed Smith Constr. Co., 511 S.E.2d 160 (Ga. 1999).

Cited 17 times | Published | Supreme Court of Georgia | Jan 11, 1999 | 270 Ga. 464, 99 Fulton County D. Rep. 247

...Lee received benefits under the Workers' Compensation Act (WCA), OCGA § 34-9-1 et seq. He and his wife thereafter filed suit against Flint for personal injury and loss of consortium. Flint sought indemnification from the construction company pursuant to OCGA § 46-3-40(b) of the High Voltage Safety Act (HVSA), OCGA § 46-3-30 et seq., which provides that an entity operating within the vicinity of high-voltage lines is strictly liable for resulting injuries and must indemnify the power-line owner against suit....
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Jackson Elec. Membership Corp. v. Smith, 576 S.E.2d 878 (Ga. 2003).

Cited 7 times | Published | Supreme Court of Georgia | Feb 10, 2003 | 276 Ga. 208

...Accordingly, because the evidence is uncontroverted that no new notice was provided to UPC by the contractor, the Court of Appeals incorrectly reversed the trial court's grant of summary judgment to the appellants. Judgment reversed. All the Justices concur. NOTES [1] OCGA § 46-3-30 et seq.
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Williams v. Mitchell Cnty. Elec. Membership Corp., 276 Ga. 759 (Ga. 2003).

Cited 2 times | Published | Supreme Court of Georgia | Jun 9, 2003 | 582 S.E.2d 107

Hines, Justice. This Court granted certiorari to the Court of Appeals in Williams v. Mitchell County Elec. Membership Corp., 255 Ga. App. 668 (566 SE2d 356) (2002), to determine whether the High-voltage Safety Act, OCGA § 46-3-30 et seq., bars the plaintiffs’ recovery in this case....
...maintenance of the line. The actions were consolidated. Mitchell raised the defenses of assumption of risk, contributory negligence, and failure to give notice of the work being done as required by the High-voltage Safety Act (“HVSA”).1 See OCGA § 46-3-30 et seq....
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Glass Sys., Inc. v. Georgia Power Co., 703 S.E.2d 605 (Ga. 2010).

Cited 1 times | Published | Supreme Court of Georgia | Nov 1, 2010 | 288 Ga. 85, 2010 Fulton County D. Rep. 3465

...OCGA § 46-3-34(b) provides in pertinent part: "Where work is to be done, the person responsible for such work shall give notice to the utilities protection center during its regular business hours at least 72 hours, excluding weekends and holidays, prior to commencing such work...." [2] OCGA § 46-3-30 et seq....