O.C.G.A. § 46-5-192 (2019)

Annotations

Editor’s notes. - This chapter consisted of Code Sections 46-6-1 through 46-6-16, relating to radio common carriers, and was

based on Ga. L. 1970, p. 104, § 2; Ga. L. 1972, p. 439, §§ 1, 2, 4-17; Ga. L. 1984, p. 22, § 46; Ga. L. 1992, p. 2195, § 1.

CHAPTER 7 MOTOR CARRIERS Sec.

Article 1 Motor Common or Contract Carriers. Sec.

Definitions. Power of commissioner to regulate motor common or contract carriers generally. Requirement for certificate. Issuance of certificate for full or partial exercise of privilege sought; terms and conditions of issuance. Authority of commissioner as to revocation, suspension, or change of certificate. Certificate transfer procedure. Considerations determining granting of certificate generally; burden of proof; protest by other carriers; issuance if application unprotested or unopposed. Rules as to manner and form of application for certificate. Fees generally. Hearing on application for certificate; notice. Refusal or revocation of certificate; new application. Requirement as to obtaining of security bond, indemnity insurance, or self-insurance before issuance of certificate or permit. Temporary emergency authority to operate as a motor common or contract carrier. Discontinuance of service by carrier. Registration and licensing of carriers; cities and counties barred from levying taxes on carriers. Motor carrier of property permit. Registration and insurance for carriers engaged solely in interstate commerce; emergency, temporary, or trip-lease vehicle

registration permits; late registration and identification; reciprocal agreements; certificate not required. Designation and maintenance of agents for service on nonresident carriers; service of process; venue. Authority of commissioner to prescribe reasonable rates, fares, and charges for carriers; form, filing, and publication of tariffs; collective rate-making procedure. Discrimination in rates, fares, and charges; commissioner’s orders as to permissible reductions in rates and waivers of charges. Rules as to carriage of baggage; rates for carriage of baggage; limitation of liability. Carriage of mail, parcels, and packages [Repealed]. Maintenance by carriers of records as to vehicle and trailer use; filing of records with commission; preservation of summaries of records [Repealed]. Power of commissioner to prescribe and examine books and records of carriers. Observance of size, weight, and speed laws; filing of schedules with commissioner. Railroad companies as motor common carriers [Repealed]. Authority of commissioner to promulgate rules and regulations for safety. Authority of commissioner to adopt rules and orders necessary for enforcement of article. Employment and compensation of enforcement personnel; reimbursement of Commissioners and employees for travel expenses; delegation of enforcement power to employees [Repealed].

Sec.

Power of commission to delegate to its employees authority to hear cases; appeal of decisions to full commission [Repealed]. Enforcement of article. Injunctions. No vested right or perpetual franchise in use of public highways. Proceedings before commissioner generally; appeal from orders. Effect of certificates granted under prior laws. Applicability of article generally [Repealed]. Applicability of article to carriers engaged in both interstate and intrastate commerce. Private carriers excepted from application of article; safety rules authorized; certificates or permits not required. Acceptance of rebates, drawbacks, or unauthorized free transportation passes; possession of goods without authority evidence of intentional violation; burden of proof as to exceptions under article. Penalty.

Sec.

Article 4

46-7-50 through 46-7-79 [Repealed]. Article 3 Limousine Carriers

Application for issuance of certificate. Safety and mechanical inspections. Tranferability of certificates; authorization needed to encumber. Grounds for cancellation, revocation, or suspension of certificate. Operations unlawful after cancellation, revocation, or suspension of certificate. Chauffeur’s permit; form; possession requirement; fee; term. Chauffeur’s permit; requirements. Preemption of regulation by general law; local fees authorized. Tariff of rates and charges. Hearings on orders, regulations, or requirements. Temporary permits. License plates. Eligibility for certificates of carriers operating on May 1, 1994 [Repealed]. Rules and regulations. Penalties

Article 2 Motor Contract Carriers

Violation of laws administered by commissioner; judicial review. Penalty for holding oneself out as household goods carrier for hire without valid certificate of authority; penalty for advertising services falsely. Article 5

Definitions. Compliance with article. Requirement for certificate.

Motor Vehicle Safety Inspections 46-7-100 and 46-7-101. [Repealed].

Cross references. - Requirement that hazardous wastes transported across, within, or through state be accompanied by manifest, § 12-8-67. Prohibition against payments to labor organizations by carriers or shippers for transportation of motor vehicle, etc., by rail if such vehicle is also capable of being

moved or propelled on highways, § 34-6-8. Authority of commission to promulgate safety rules and regulations for motor vehicles within its jurisdiction, § 40-8-2. Transportation of motor fuel by transport tank trucks or vessels, § 48-9-9. As to road tax on motor carriers, § 48-9-30 et seq. Creation of

Railway Passenger Service Corridor System, Ch. 9A, T. 46.

ARTICLE 1 MOTOR COMMON OR CONTRACT CARRIERS.

Cross references. - Standard of care to be observed by common carriers generally, § 46-9-1. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the provisions, decisions under former Civil Code 1910, §§ 2767 and 2769; former Code 1933, § 68-504; former Art. 2, Ch. 7, T. 46 are included in the annotations under this article. General rule stated. - Where livestock is properly tendered for transportation to a common carrier, it is bound, under the common law as enlarged by former Civil Code 1910, §§ 2767 and 2769 to receive and transport it with due diligence, and a breach of such duty will render the carrier liable for all proximate damages flowing from the breach of such duty. Youmans v. Georgia & F. Ry., 142 Ga. 781, 83 S.E. 784 (1914) (decided under former Civil Code 1910, §§ 2767 and 2769). Preemption by federal law. - Georgia law is preempted by federal law when the suit involves a passenger or property being transported in interstate commerce; Georgia law is not preempted by federal law when a member of the public (i.e., a person other than a passenger or property-owner whose

property is being transported in interstate commerce) sues a carrier that has qualified to conduct both inter- and intrastate commerce in Georgia; Georgia law is not preempted by federal law when such member of the public sues a carrier engaged solely in intrastate commerce. Westport Trucking Co. v. Griffin, 254 Ga. 361, 329 S.E.2d 487 (1985) (decided under former OCGA Art. 2, Ch. 7, T. 46). Operation by nonprofit association as motor carrier for hire required certificate. - Where nonprofit association used trucks owned and operated by association to haul products of association members to and from location in state, and at end of year amount of fees in excess of costs were refunded to members, association was operating as a motor carrier for hire, and was required to obtain a certificate of public convenience and necessity. Southeast Shippers Ass’n v. Georgia Pub. Serv. Comm’n, 211 Ga. 550, 87 S.E.2d 75 (1955) (decided under former Code 1933, § 68-504).