O.C.G.A.

O.C.G.A. § 40-1-126 (2019)

Carriers engaged in interstate and intrastate commerce

✓ 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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In circumstances where a motor carrier is engaged in both interstate

IDENTIFICATION & REGULATION

and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the department shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this part as to such commerce. The provisions of this part do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this part so far as they separately relate to commerce carried on in this state.

History

Code 1981, § 40-1-126, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

Annotations

Law reviews. For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68-633 and former O.C.G.A. § 46-7-36 are included in the annotations for this Code section. Direct action against insurers of interstate carriers allowed. - Proper interpretation of the provision in former Code 1933, § 68-612 allowing for direct actions against insurance carriers, in conjunction with former Code 1933, § 68-633, was that the statute applied to interstate carriers as well as intrastate carriers. Kimberly v. Bankers & Shippers Ins. Co., 490 F. Supp. 93, 1980 U.S. Dist. LEXIS 13109 (N.D. Ga. 1980) (decided under former Code 1933, § 68-633). Direct action against carrier’s insurer not authorized. - Trial court properly denied the insurer’s summary judgment motions claiming that the direct actions against it were not authorized because, although it was apparent that the plain language of O.C.G.A. § 40-1-126 evinced the legislative intent that the direct action provision of O.C.G.A. § 40-1-112(c) did not apply to purely interstate commerce or to a carrier engaged exclusively in interstate

commerce, and the tractor-trailer driver and the trucking company were engaged in an interstate trip at the time of the accident, the joinder of the insurer as a defendant was authorized by the direct action provision of O.C.G.A. § 40-2-140(d)(4) as that statute indicated that injured parties were able to join the insurers of interstate motor carriers. Daily Underwriters of America v. Williams, 354 Ga. App. 551, 841 S.E.2d 135, 2020 Ga. App. LEXIS 195 (2020), cert. denied, No. S20C1251, 2020 Ga. LEXIS 882 (Ga. Nov. 16, 2020). Cause of action for tort occurring out-of-state. - Since, under former O.C.G.A. § 46-7-16(e), a certificate and bond or insurance was not required at all when carrier was engaged solely in interstate commerce over the public highways of Georgia, the certificate of convenience which permitted joinder of the insurer in a suit against a carrier “subject to action” in Georgia applied specifically to causes of action for a tort which occurred on public highways of other states. Johnson v. Woodard, 208 Ga. App. 41, 429 S.E.2d 701, 1993 Ga. App. LEXIS 426 (1993) (decided under former O.C.G.A. § 46-7-36).

MOTOR VEHICLES & TRAFFIC

RESEARCH REFERENCES Am. Jur. 2d. 13 Am. Jur. 2d, Carriers, § 36 et seq. C.J.S. 60 C.J.S., Motor Vehicles, §§ 201 et seq., 206 et seq., 226. ALR. State regulation of carriers by motor

vehicle as affected by interstate commerce clause, 47 A.L.R. 230; 49 A.L.R. 1203; 62 A.L.R. 52; 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2016–2022 · leading case: Grange Indem. Ins. v. Burns, 788 S.E.2d 138 (Ga. Ct. App. 2016).

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Grange Indem. Ins. v. Burns, 788 S.E.2d 138 (Ga. Ct. App. 2016). · cites it 2× “OCGA § 40-1-126, which notes that it is applicable to both interstate and intrastate commerce, provides: In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it…”

Daily Underwriters of Am. v. Veronica Williams (Ga. Ct. App. 2020). · cites it 9× “OCGA § 40-1-126 provides: In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part [i.”

Keondrae Stillwell v. Topa Ins. Co. (Ga. Ct. App. 2022). · cites it 4× “551 , 53 (2) ( 841 SE2d 135 ) (2020) (“OCGA § 40-1-112 (c), when read together with OCGA § 40-1-126, authorizes direct actions against insurers of motor carriers engaged in intrastate commerce .”

Grange Indem. Ins. Co. v. Angela Burns (Ga. Ct. App. 2016). · cites it 2× “OCGA § 40-1-126, which notes that it is applicable to both interstate and intrastate commerce, provides that 5 Georgia is specifically granted the right to establish its own financial responsibility regime for intrastate commerce involving nonhazardous commodities.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.