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2018 Georgia Code 40-1-118 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-1-118 Case Law from Google Scholar Amendments to OCGA 40-1-118

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 MOTOR CARRIERS

40-1-118. Establishment of just and reasonable rates, fares, and charges for transportation.

The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the department may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the department may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the department shall establish a rate-making procedure for all carriers of household goods. Failure on the part of any motor carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the department.

(Code 1981, §40-1-118, 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, § 68-614 and former O.C.G.A. §§ 46-7-18 and46-7-19 are included in the annotations for this Code section.

Collective ratemaking activities by "rate bureaus" immune from antitrust liability.

- Collective ratemaking activities carried on by "rate bureaus" composed of motor common carriers operating in several states, although not compelled by the states involved, "clearly articulated state policy" and thus were immune from antitrust liability. Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48, 105 S. Ct. 1721, 85 L. Ed. 2d 36 (1985) (decided under former O.C.G.A. § 46-7-18).

Cited in Myers v. Atlantic Greyhound Lines, 52 Ga. App. 698, 184 S.E. 414 (1936); United States v. Southern Motor Carriers Rate Conference, 439 F. Supp. 29 (N.D. Ga. 1977); Executive Town & Country Servs., Inc. v. City of Atlanta, 789 F.2d 1523 (11th Cir. 1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, §§ 157, 158.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 214 et seq., 223 et seq.

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