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2018 Georgia Code 40-1-105 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 1. Identification and Regulation, 40-1-1 through 40-1-200.

ARTICLE 3 MOTOR CARRIERS

40-1-105. Transfer of certificate.

Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.

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

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. Serv. Comm'n, 212 Ga. 625, 94 S.E.2d 706 (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.

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