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2018 Georgia Code 46-3-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-32 Case Law from Google Scholar Amendments to OCGA 46-3-32

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 1 GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY

46-3-32. Definitions.

As used in this part, the term:

  1. "High-voltage lines" means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground.
  2. "Notice" means actual notification given to the center.
  3. "Person responsible for the work" means the person actually doing the work as well as any person, firm, or corporation who employs and carries on his payroll any person actually doing the work or who employs a subcontractor who actually does the work; provided, however, that this term does not mean one who is exempted under Code Sections 46-3-37 and 46-3-38.
  4. "Utilities protection center" or "center" means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members.
  5. "Utility" means any person operating or maintaining high-voltage lines within the state.
  6. "Work" means the physical act of performing or preparing to perform any activity under, over, by, or near high-voltage lines, including, but not limited to, the operation, erection, handling, storage, or transportation of any tools, machinery, ladders, antennas, equipment, supplies, materials, or apparatus or the moving of any house or other structure whenever such activity is done by a person or entity in pursuit of his trade or business.

(Ga. L. 1960, p. 181, § 1; Ga. L. 1974, p. 153, § 1; Code 1981, §46-3-30; Code 1981, §46-3-32, as redesignated by Ga. L. 1992, p. 2141, § 1.)

Editor's notes.

- Ga. L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-32, which concerned clearance requirements for the operation, handling, etc., of tools, machinery, etc., and the moving of houses, buildings, or other structures over, under, by, or near high-voltage lines and the safeguarding against accidental contact. The former Code section was based on Ga. L. 1960, p. 181, § 3; Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act; and Ga. L. 1984, p. 22, § 46; and Ga. L. 1992, p. 6, § 46.

JUDICIAL DECISIONS

"Person responsible".

- An employee as well as the employer may in some circumstances be a "person responsible" for notifying the line owner or operator under O.C.G.A. §§ 46-3-32 and46-3-33. Malvarez v. Georgia Power Co., 250 Ga. 568, 300 S.E.2d 145 (1983), superceded by statute as stated in Williams v. Mitchell County Elec. Mbrshp. Corp., 279 Ga. 759, 582 S.E.2d 107 (2003). But see Preston v. Georgia Power Co., 227 Ga. App. 449, 489 S.E.2d 573 (1997), cert. denied, 525 U.S. 869, 119 S. Ct. 163, 142 L. Ed. 2d 134 (1998); Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998).

The phrase "person responsible for the work to be done" is defined in paragraph (2) (now paragraph (3)) of O.C.G.A. § 46-3-32 and, when read in conjunction with O.C.G.A. § 46-3-33(a), requires the person or persons immediately responsible for the operation of machinery within eight feet of a high-voltage line to give notice. Green v. Moreland, 200 Ga. App. 167, 407 S.E.2d 119 (1991).

"Work".

- Farmer who was electrocuted by a sagging high-voltage power line was engaged in work within the meaning of O.C.G.A. § 46-3-32(6) as the individual was a farmer, using the farmer's own equipment to harvest a neighbor's field of cotton, and thus was obviously engaged in the farmer's customary trade; accordingly, the farmer was required under provisions of the Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., to give notice to the owner of high-voltage power lines before coming within 10 feet of the power lines. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).

Cited in Parsons, Brinckerhoff, Quade & Douglas, Inc. v. Johnson, 161 Ga. App. 634, 288 S.E.2d 320 (1982); Colquitt Elec. Membership Corp. v. Cvengros, 165 Ga. App. 649, 302 S.E.2d 407 (1983); Allen v. King Plow Co., 227 Ga. App. 795, 490 S.E.2d 457 (1997).

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Electricity, § 1.

Cases Citing Georgia Code 46-3-32 From Courtlistener.com

Total Results: 5

GLASS SYSTEMS, INC. v. Georgia Power Co.

Court: Supreme Court of Georgia | Date Filed: 2010-11-01

Citation: 703 S.E.2d 605, 288 Ga. 85, 2010 Fulton County D. Rep. 3465, 2010 Ga. LEXIS 820, 2010 WL 4273345

Snippet: work as defined in paragraph (6) of Code Section 46-3-32 if at any time any person or any item specified

Williams v. Mitchell County Electric Membership Corp.

Court: Supreme Court of Georgia | Date Filed: 2003-06-09

Citation: 276 Ga. 759, 582 S.E.2d 107

Snippet: statute at the time of the electrocution. See OCGA § 46-3-32 (6). Specifically, Williams argues that the definition

Jackson Electric Membership Corp. v. Smith

Court: Supreme Court of Georgia | Date Filed: 2003-02-10

Citation: 576 S.E.2d 878, 276 Ga. 208, 2003 Ga. LEXIS 126

Snippet: working near high-voltage power lines. See OCGA §§ 46-3-32(4), 46-3-34(a), (b). The statute provides that

Santana v. Georgia Power Co.

Court: Supreme Court of Georgia | Date Filed: 1998-02-23

Citation: 498 S.E.2d 521, 269 Ga. 127, 98 Fulton County D. Rep. 648, 1998 Ga. LEXIS 259

Snippet: affirmed. All the Justices concur. NOTES [1] OCGA § 46-3-32(4): "Utilities protection center" or "center" means

Malvarez v. Georgia Power Company

Court: Supreme Court of Georgia | Date Filed: 1983-02-16

Citation: 300 S.E.2d 145, 250 Ga. 568, 1983 Ga. LEXIS 589

Snippet: et seq. (Code Ann. § 34B-201 et seq.). Section 46-3-32 (Code Ann. § 34B-203) expressly prohibits certain