O.C.G.A.

O.C.G.A. § 40-1-53 (2019)

“Department” defined; methods of enforcement

✓ 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) As used in this article, the term “department” means the Department of Public Safety. (b) The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.

History

Code 1981, § 40-1-53, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 3/HB 323.

Annotations

Editor’s notes. Ga. L. 2013, p. 838, § 20/HB 323, not

codified by the General Assembly, provides, in part: “This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date.”

IDENTIFICATION & REGULATION

JUDICIAL DECISIONS Editor’s note. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1931, p. 199, § 29, former Code 1933, § 68-632, and former O.C.G.A. § 46-7-31 are included in the annotations for this Code section. The 1931 law was regulatory in nature, and all persons proposing to conduct the business of a motor carrier as defined thereby must submit themselves to the jurisdiction and control of the commission. McKinney v. Patton, 176 Ga. 719, 169 S.E. 16, 1933 Ga. LEXIS 265 (1933) (decided under Ga. L. 1931, p. 199, § 29). Meaning of language “or any individual.” - Words “or any individual” mean any other person having an interest in the subject matter, such as any individual who competed with the

common carrier, and would not authorize the grant of an injunction at the instance of individuals whose only interest was as citizens and taxpayers. Gulledge v. Augusta Coach Co., 210 Ga. 377, 80 S.E.2d 274, 1954 Ga. LEXIS 312 (1954) (decided under former Code 1933, § 68-632). “Required certificate” necessary. - Mere fact that a carrier was a certificate holder would afford the carrier no protection. The question was did the carrier have the required certificate that was one under the terms of which the carrier’s particular operation was authorized. 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, § 68-632).

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting not required. - Misdemeanor offenses arising under O.C.G.A. § 40-1-53 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, §§ 33, 125, 146.

C.J.S. 60 C.J.S., Motor Vehicles, §§ 262, 264, 265.