O.C.G.A.

O.C.G.A. § 40-1-105 (2019)

Transfer of certificate

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.

History

Code 1981, § 40-1-105, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68-608 are included in the annotations for this Code section. Authority of commission to transfer truck operations. - When a Class “B” certificate authorizing a holder to transport household, kitchen, office furniture, and store fixtures between all points in Georgia, which, under former Code 1933, § 68-607, the commission was

authorized to “suspend, revoke, alter, or amend,” and under former Code 1933, § 68-608, was authorized to transfer was altered or amended and transferred, being limited to between all points within a 20 mile radius of Atlanta there was no merit in the contention that the commission was without authority to transplant a one-truck operation from the outskirts of Calhoun to an eleven-truck operation in the metropolis of Atlanta. Woodside Transf. & Storage Co. v. Georgia Pub.

IDENTIFICATION & REGULATION

Serv. Comm’n, 212 Ga. 625, 94 S.E.2d 706, 1956 Ga. LEXIS 472 (1956) (decided under former Code 1933, § 68-608). RESEARCH REFERENCES Am. Jur. 2d. 13 Am. Jur. 2d, Carriers, § 135 et seq. C.J.S. 60 C.J.S., Motor Vehicles, § 201 et seq. ALR. Carrier’s certificate of convenience and

necessity, franchise, or permit as subject to transfer or encumbrance, 15 A.L.R.2d 883.