O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-6-10.1 (2019)

Financial responsibility requirements of the Federal Motor Carrier Safety Administration

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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No motor carrier subject to the financial responsibility requirements of the Federal Motor Carrier Safety Administration, or any successor agency, as contained in 49 C.F.R. Part 387, shall operate any motor vehicle upon the highways of this state until such motor carrier has obtained and has in effect the minimum levels of financial responsibility prescribed by such federal regulations.

History

(Code 1981, § 40-6-10.1, enacted by Ga. L. 2011, p. 479, § 11/HB 112.)

Annotations

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

JUDICIAL DECISIONS

Intent. - The Georgia General Assembly and the Georgia Department of Public Safety did not intend to extend the federal financial responsibility regime imposed by the Federal Motor Carrier Safety Regulations to purely intrastate commerce involving nonhazardous commodities. Grange Indem. Ins. Co. v. Burns, 337 Ga. App. 532, 788 S.E.2d 138 (2016).

Presently engaged. - Plain language of the MCS-90 and § 30 of the Motor Carrier Act, 49 U.S.C. § 31139(b), provides that the endorsement covers vehicles only when the vehicles are presently engaged in the transportation of interstate commerce or the transportation of hazardous materials. Grange Indem. Ins. Co. v. Burns, 337 Ga. App. 532, 788 S.E.2d 138 (2016).

Each claim reviewed independently. - Each claim must be examined individually to determine whether the coverage afforded by the MCS-90 endorsement applies to the actual vehicle involved in the accident. Grange Indem. Ins. Co. v. Burns, 337 Ga. App. 532, 788 S.E.2d 138 (2016).

Intrastate trip involving nonhazardous commodities. - Trial court erred in concluding that the coverage afforded by the MCS-90 endorsement, O.C.G.A. § 40-6-10.1, applied because it was undisputed that the truck was engaged in a purely intrastate trip involving nonhazardous commodities at the time of the subject accident. Grange Indem. Ins. Co. v. Burns, 337 Ga. App. 532, 788 S.E.2d 138 (2016).

Notes of Decisions
Cited in 2 cases, 2016–2016 · 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 6× “Burns argues that the trial court’s order correctly concluded that the language of the Georgia Uniform Rules of the Road statute, OCGA § 40-6-10.1, indicates that the Georgia legislature intended for MCS-90 endorsements to provide coverage for all accidents involving an…”
Grange Indem. Ins. Co. v. Angela Burns, No. A16A0057 (Ga. Ct. App. June 23, 2016). · cites it 4× “OCGA § 40-6-10.1 provides that [n]o motor carrier subject to the financial responsibility requirements of the Federal Motor Carrier Safety Administration.”
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.