O.C.G.A. § 40-1-124 (2019)
Perpetual franchise over public highways prohibited
Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
MOTOR VEHICLES & TRAFFIC
History
Code 1981, § 40-1-124, 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, § 68-631 are included in the annotations for this Code section. No certificate holder acquires vested right or perpetual franchise. - No holder of a certificate of public convenience and necessity issued by the commission shall acquire any vested right to use the public roads or any perpetual franchises. Bass v. Georgia Public-Service Comm’n, 192 Ga. 106, 14 S.E.2d 740, 1941 Ga. LEXIS 430 (1941) (decided under former Code 1933, § 68-631). No right to review of commission order by writ of certiorari. - After a certificate of public convenience and necessity had been granted by the
commission to a motor common carrier, and thereafter, by order of the commission, and after a hearing such certificate was revoked and canceled because the evidence adduced at such hearing showed that such motor common carrier had abandoned the passenger service along the route in question, the motor common carrier, whose certificate of public convenience had thus been revoked and canceled by the commission did not have the right to review such judgment or order of the commission by the writ of certiorari in the superior court having jurisdiction. Southeastern Greyhound Lines v. Georgia Pub. Serv. Comm’n, 181 Ga. 75, 181 S.E. 834, 1935 Ga. LEXIS 30 (1935) (decided under former Code 1933, § 68-631).
RESEARCH REFERENCES Am. Jur. 2d. 13 Am. Jur. 2d., Carriers, §§ 125 et seq., 148, 149, 151.