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2018 Georgia Code 46-3-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-31 Case Law from Google Scholar Amendments to OCGA 46-3-31

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

46-3-31. Purpose of part.

The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this part.

(Code 1981, §46-3-31, enacted by Ga. L. 1992, p. 2141, § 1.)

Editor's notes.

- Ga. L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-31, which related to the protection of employees from accidental contact with high voltage lines. The former Code section was based on Ga. L. 1960, p. 181, § 2; and Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act.

JUDICIAL DECISIONS

Power company not liable if notice not given.

- The 1992 "High-voltage Safety Act", O.C.G.A. § 46-3-30 et seq., immunizes a power company's negligence of omission and commission in placement and maintenance of such lines when there has been no notice given; thus, liability was barred because there had been no notice. Williams v. Mitchell County Elec. Mbrshp. Corp., 255 Ga. App. 668, 566 S.E.2d 356 (2002), aff'd, 276 Ga. 759, 582 S.E.2d 107 (2003).

Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., barred recovery in a wrongful death action as the decedent failed to give the statutory notice that decedent would be working within 10 feet of a sagging power line with which decedent came into contact and which electrocuted the decedent. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).

Cited in Glass Sys. v. Ga. Power Co., 288 Ga. 85, 703 S.E.2d 605 (2010).

Cases Citing O.C.G.A. § 46-3-31

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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

...from commencing work within ten feet of a high-voltage line until certain conditions are met,” “to require persons to notify the [utilities protection] center before commencing work near high-voltage lines,” and “to provide limitations on liability.” The new statute includes OCGA § 46-3-31, which states the purpose of “providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this pa...
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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

...In response to appellee's motion for partial summary judgment, appellant alleged that OCGA § 46-3-40(b) was unconstitutional. The trial court held the statute constitutional and granted appellee's partial motion for summary judgment. For reasons set forth below, we affirm. The purpose of the HVSA is set forth in OCGA § 46-3-31, which states as follows: The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no wor...