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2018 Georgia Code 40-1-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-1-53 Case Law from Google Scholar Amendments to OCGA 40-1-53

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 MOTOR CARRIERS

40-1-53. "Department" defined; methods of enforcement.

  1. As used in this article, the term "department" means the Department of Public Safety.
  2. The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.

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

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".

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) (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) (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) (decided under former Code 1933, § 68-632).

Cited in McKinney v. Patton, 176 Ga. 719, 169 S.E. 16 (1933); Georgia Pub. Serv. Comm'n v. Jones Transp., Inc., 213 Ga. 514, 100 S.E.2d 183 (1957).

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.

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