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2018 Georgia Code 46-3-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-32 Case Law from Google Scholar Amendments to OCGA 46-3-32

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

46-3-32. Definitions.

As used in this part, the term:

  1. "High-voltage lines" means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground.
  2. "Notice" means actual notification given to the center.
  3. "Person responsible for the work" means the person actually doing the work as well as any person, firm, or corporation who employs and carries on his payroll any person actually doing the work or who employs a subcontractor who actually does the work; provided, however, that this term does not mean one who is exempted under Code Sections 46-3-37 and 46-3-38.
  4. "Utilities protection center" or "center" means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members.
  5. "Utility" means any person operating or maintaining high-voltage lines within the state.
  6. "Work" means the physical act of performing or preparing to perform any activity under, over, by, or near high-voltage lines, including, but not limited to, the operation, erection, handling, storage, or transportation of any tools, machinery, ladders, antennas, equipment, supplies, materials, or apparatus or the moving of any house or other structure whenever such activity is done by a person or entity in pursuit of his trade or business.

(Ga. L. 1960, p. 181, § 1; Ga. L. 1974, p. 153, § 1; Code 1981, §46-3-30; Code 1981, §46-3-32, as redesignated by Ga. L. 1992, p. 2141, § 1.)

Editor's notes.

- Ga. L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-32, which concerned clearance requirements for the operation, handling, etc., of tools, machinery, etc., and the moving of houses, buildings, or other structures over, under, by, or near high-voltage lines and the safeguarding against accidental contact. The former Code section was based on Ga. L. 1960, p. 181, § 3; Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act; and Ga. L. 1984, p. 22, § 46; and Ga. L. 1992, p. 6, § 46.

JUDICIAL DECISIONS

"Person responsible".

- An employee as well as the employer may in some circumstances be a "person responsible" for notifying the line owner or operator under O.C.G.A. §§ 46-3-32 and46-3-33. Malvarez v. Georgia Power Co., 250 Ga. 568, 300 S.E.2d 145 (1983), superceded by statute as stated in Williams v. Mitchell County Elec. Mbrshp. Corp., 279 Ga. 759, 582 S.E.2d 107 (2003). But see Preston v. Georgia Power Co., 227 Ga. App. 449, 489 S.E.2d 573 (1997), cert. denied, 525 U.S. 869, 119 S. Ct. 163, 142 L. Ed. 2d 134 (1998); Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998).

The phrase "person responsible for the work to be done" is defined in paragraph (2) (now paragraph (3)) of O.C.G.A. § 46-3-32 and, when read in conjunction with O.C.G.A. § 46-3-33(a), requires the person or persons immediately responsible for the operation of machinery within eight feet of a high-voltage line to give notice. Green v. Moreland, 200 Ga. App. 167, 407 S.E.2d 119 (1991).

"Work".

- Farmer who was electrocuted by a sagging high-voltage power line was engaged in work within the meaning of O.C.G.A. § 46-3-32(6) as the individual was a farmer, using the farmer's own equipment to harvest a neighbor's field of cotton, and thus was obviously engaged in the farmer's customary trade; accordingly, the farmer was required under provisions of the Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., to give notice to the owner of high-voltage power lines before coming within 10 feet of the power lines. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).

Cited in Parsons, Brinckerhoff, Quade & Douglas, Inc. v. Johnson, 161 Ga. App. 634, 288 S.E.2d 320 (1982); Colquitt Elec. Membership Corp. v. Cvengros, 165 Ga. App. 649, 302 S.E.2d 407 (1983); Allen v. King Plow Co., 227 Ga. App. 795, 490 S.E.2d 457 (1997).

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Electricity, § 1.

Cases Citing O.C.G.A. § 46-3-32

Total Results: 5  |  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

...Finally, we need not address appellants' contention that the trial court erred in failing to address the issue of foreseeability since that issue was foreclosed by the correct ruling that Georgia Power was entitled to immunity by virtue of the lack of notice. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 46-3-32(4): "Utilities protection center" or "center" means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members. [2] OCGA § 46-3-32(1): "High-voltage lines" means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground.
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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

...ct 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. (Code Ann. § 34B-201 et seq.). Section 46-3-32 (Code Ann....
...§ 34B-201) lack of such notification is a bar to recovery only where the lines are "otherwise properly located and maintained." Carden v. Ga. Power, supra, at 457. One whose injury is caused by negligent installation or maintenance of high-voltage lines, even where such injury occurs while engaged in acts enumerated in OCGA § 46-3-32 (Code Ann....
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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

...quests for protection from overhead high-voltage power lines. Jackson EMC is the owner of the overhead lines. UPC was statutorily created under the HVSA to receive notice from contractors who will be working near high-voltage power lines. See OCGA §§ 46-3-32(4), 46-3-34(a), (b)....
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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

...exception appears in the statute, and this Court will not create one. 2. Williams contends that the HVSA does not apply because the decedent was not engaged in “work” within the meaning of the statute at the time of the electrocution. See OCGA § 46-3-32 (6)....
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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

...46-3-40(b) does not violate appellant's right to equal protection. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 46-3-33 provides as follows: No person, firm, or corporation shall commence any work as defined in paragraph (6) of Code Section 46-3-32 if at any time any person or any item specified in paragraph (6) of Code Section 46-3-32 may be brought within ten feet of any high-voltage line unless and until: (1) The person responsible for the work has given the notice required by Code Section 46-3-34; and (2) The owner or operator of such high-voltage line has effec...