O.C.G.A.

O.C.G.A. § 40-1-128 (2019)

Accepting or receiving rebates or drawbacks; primafacie evidence of intentional violation; burden of claiming exception

✓ 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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(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the department under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state. (c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.

History

Code 1981, § 40-1-128, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

MOTOR VEHICLES & TRAFFIC

Annotations

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions decided under former O.C.G.A. § 46-7-38 are included in the annotations for this Code section. Intent of Code sections prescribing penalties for violations of laws concerning motor common and contract carriers. - Former O.C.G.A. § 46-7-38 and O.C.G.A. §§ 32-1-10, 32-6-23 and 32-6-24 were intended to

promote the safety of the traveling public and protect the public’s investment in public roads and highways. 1981 Op. Att’y Gen. No. U81-17 (decided under former O.C.G.A. § 46-7-38). Fingerprinting not required. - Misdemeanor offenses arising under O.C.G.A. § 40-1-128 are offenses for which those charged are not to be fingerprinted. 2012 Op. Att’y Gen. No. 12-6.

RESEARCH REFERENCES Am. Jur. 2d. 13 Am. Jur. 2d, Carriers, § 285. 21 Am. Jur. 2d, Criminal Law, §§ 1, 18 et seq. C.J.S. 13 C.J.S., Carriers, §§ 312, 314, 315,

325, 334. 61A C.J.S., Motor Vehicles, § 1504 et seq.