O.C.G.A.

O.C.G.A. § 46-3-37 (2019)

Applicability of part to railway systems, electrical engineering system or other entities

✓ 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) This part shall not be construed as applying to the construction, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers. Specifically, this part shall not be construed as applying to the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment for rail transportation systems or for electrical generating, transmission, and distribution systems or for communication systems, when such work is performed by authorized and qualified employees of any person engaged in such work.

(b) When applied to railway systems, the exception provided in this Code section shall be construed as permitting operation of standard rail equipment which is normally used in the transportation of freight or passengers, or both, or in the operation of relief trains or other equipment in emergencies, or in the maintenance of way service, at a distance of less than ten feet from any high-voltage conductor of such railway system; provided, however, that normal repair or construction operations at a distance of less than ten feet from any high-voltage conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved is prohibited, unless there has been compliance with the safety provisions of Code Section 46-3-33.

(c) Any telephone company or other entity which has a joint use contract with an electric company is specifically exempted from this part.

History

(Ga. L. 1960, p. 181, § 8; Code 1981, § 46-3-36; Code 1981, § 46-3-37, as redesignated by Ga. L. 1992, p. 2141, § 1.)

Annotations

Editor’s notes. - Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-37 as present Code Section 46-3-38.

RESEARCH REFERENCES ALR. - Liability of electric power or telephone company for injury or damage by

lightning transmitted on wires, 25 ALR2d 722.

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Flint Elec. Membership Corp. v. Ed Smith Constr. Co., 495 S.E.2d 136 (Ga. Ct. App. 1997).
Flint Elec. Membership Corp. v. Ed Smith Constr. Co., 495 S.E.2d 136 (Ga. Ct. App. 1997). “” Except as exempted under §§ 46-3-37 and 46-3-48, which sections are not here applicable, the term, “ ‘[p]erson 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…”
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.