O.C.G.A. § 46-7-13 (2019)
Temporary emergency authority to operate as a motor common or contract carrier
Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commissioner, under the authority of this Code section, may, in his or her discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the commissioner’s findings supporting his or her determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commissioner shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
History
(Code 1933, § 68-611.1, enacted by Ga. L. 1973, p. 641, § 1; Ga. L. 1980, p. 475, § 1; Ga. L. 1983, p. 462, § 1; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.)
Annotations
Editor’s notes. - Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section becomes fully effective July 1, 2001, but authorizes administrative action commencing April 28, 2000, for purposes of appointing certain officials, adopting rules and regulations, employing personnel, and preparing for and phasing in
full implementation; provided, however, that the Governor may by executive order extend the date for full implementation of the Act to no later than July 1, 2003. In accordance with an executive order issued June 29, 2001, by the Governor, the amendment of this Code section by Ga. L. 2000, p. 951, became fully effective July 1, 2001.
OPINIONS OF THE ATTORNEY GENERAL Prior application for certificate of public necessity not required. - Applicant for this authority is not required to first make application for certificate of public convenience and necessity. 1973 Op. Att’y Gen. No. 73-85. Commission need not issue certificate of public necessity. - Commission need not issue certificate of public convenience and necessity to applicant for temporary authority. 1973 Op. Att’y Gen. No. 73-85.
Construction with Code Section 46-7-3. - Temporary emergency authority granted under former Code 1933, § 68-611.1 (see O.C.G.A. § 46-7-13) was exception to general requirement of former Code 1933, § 68-604 (see O.C.G.A. § 46-7-3) that no motor common carrier can operate without first obtaining a certificate. 1973 Op. Att’y Gen. No. 73-85.