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2018 Georgia Code 40-1-113 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-1-113 Case Law from Google Scholar Amendments to OCGA 40-1-113

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 MOTOR CARRIERS

40-1-113. Transportation contracts limiting liability.

  1. As used in this Code section, the term:
    1. "Motor carrier transportation contract" means a contract, agreement, or understanding covering:
      1. The transportation of property for compensation or hire by the motor carrier;
      2. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
      3. A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.

        Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

    2. "Promisee" means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier.
  2. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.

(Code 1981, §40-1-113, 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 O.C.G.A. § 46-7-12.1, are included in the annotations for this Code section.

Failure to obtain permit had no impact on status as motor carrier of property.

- Motor carrier's noncompliance with the carrier's responsibility to obtain a permit had no impact on the carrier's status as a Georgia "motor carrier of property" under former paragraph (8) of O.C.G.A. § 46-1-1 because while the failure to get a permit rendered the motor carrier in violation of the Act, that failure did not render the motor carrier any less a "motor carrier of property" under applicable law. Sapp v. Canal Ins. Co., 288 Ga. 681, 706 S.E.2d 644 (2011) (decided under former O.C.G.A. § 46-7-12.1)

Policy triggers coverage, not technical filings with state.

- Insurer was subject to a direct action under the former Georgia Motor Carrier Act, former O.C.G.A. § 46-7-12.1(c), by third parties injured by virtue of the motor carrier's negligence, notwithstanding the carrier's failure to file a certificate of insurance as required under the Act; the statute was a clear expression of the legislature's intent to prevent insurers from insulating themselves from liability under the Motor Carrier Act by failing to comply with the Act's technical requirements, and the insurer's duty to the public stems from the Act as triggered through the insurance policy rather than from the insurer's filings with the state. Sapp v. Canal Ins. Co., 288 Ga. 681, 706 S.E.2d 644 (2011) (decided under former O.C.G.A. § 46-7-12.1)

Insurer's attempt to reduce or negate obligations invalid.

- Court of appeals erred in affirming an order granting an insurer's motion for summary judgment in the insurer's action seeking a declaration that a car accident involving a driver and a dump truck driver was not covered under the insurance policy the insurer issued to a motor carrier, which was the driver's employer, because the insurer was subject to a direct action under the former Georgia Motor Carrier Act, former O.C.G.A. § 46-7-12.1(c), by third parties injured by virtue of the motor carrier's negligence since the motor carrier sought insurance coverage from the insurer, the insurer was on notice of the insurer's status as a motor carrier and of the insurer's need to obtain motor carrier coverage, and the motor carrier was not informed of nor otherwise had reason to believe that the policy fell short of the coverage the insurer was required by law to maintain; because any provisions in the insurance policy issued to the motor carrier that would serve to reduce or negate the insurer's obligations to the motoring public under the Act were void and of no effect, the radius-of-use limitation, which purported to exclude from coverage any incident occurring more than 50 miles from a city, was invalid, and the insurer was subject to liability up to the policy limit. Sapp v. Canal Ins. Co., 288 Ga. 681, 706 S.E.2d 644 (2011) (decided under former O.C.G.A. § 46-7-12.1)

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