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2018 Georgia Code 40-6-10.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-10.1 Case Law from Google Scholar Amendments to OCGA 40-6-10.1

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 1 GENERAL PROVISIONS

40-6-10.1. Financial responsibility requirements of the Federal Motor Carrier Safety Administration.

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.

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

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).

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