O.C.G.A. § 46-7-16 (2019)
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
(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commissioner or the carrier’s designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.
(b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the commissioner by making application therefor on forms supplied by the commissioner and paying a $25.00 filing fee. A carrier’s registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commissioner on forms supplied by the commissioner and payment of a $5.00 filing fee;
(2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commissioner may by rule or regulation prescribe, and shall pay to the commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes.
(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Where a carrier has not previously qualified with the commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
(e) Reserved.
(f ) It shall not be necessary for any motor carrier to obtain a certificate from the commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
History
(Ga. L. 1931, p. 199, § 30; Code 1933, § 68-633; Ga. L. 1968, p. 392, § 1; Ga. L. 1973, p. 643, § 4; Ga. L. 1980, p. 475, § 3; Ga. L. 1986, p. 1283, § 5; Ga. L. 1988, p. 1607, § 2; Ga. L. 1989, p. 14, § 46; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2002, p. 415, § 46; Ga. L. 2004, p. 366, § 12.)
Annotations
Cross references. - Permits and fees for motor trucks not registered in state, § 40-2-110 et seq.
Code Commission notes. - Pursuant to Code section 28-9-5, in 1988, ‘‘is’’ was substituted for ‘‘in’’ preceding ‘‘put into use’’ in the first sentence of present paragraph (a)(2) (now paragraph (b)(2)).
Pursuant to Code Section 28-9-5, in 2000, ‘‘commissioner’’ was substituted for ‘‘commission’’ in the last sentence of paragraph (b)(1). 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.
JUDICIAL DECISIONS Direct actions against insurers of interstate carriers allowed. - A proper interpretation of the provision in former Code 1933, § 68-612 (see O.C.G.A. § 46-7-12) allowing for direct actions against insurance carriers, in conjunction with former Code 1933, § 68-633 (see O.C.G.A. § 46-7-16) that it applied to interstate carriers as well as intrastate carriers. Kimberly v. Bankers & Shippers Ins. Co., 490 F. Supp. 93 (N.D. Ga. 1980). Cause of action for tort occurring out of state. - Since, under O.C.G.A. § 46-7-16(f ), a certificate and bond or insurance is not required at all when carrier is engaged solely in interstate commerce over the public highways of Georgia, the certificate of convenience which permits joinder of the insurer in a suit against a carrier ‘‘subject to action’’ in Georgia applies specifically to causes of
action for a tort which occurred on public highways of other states. Johnson v. Woodard, 208 Ga. App. 41, 429 S.E.2d 701 (1993). Joinder of interstate carrier allowed. - Insurer of motor carrier was joined in an action against a carrier operating under a certificate of convenience issued by the state and was required to be, or could have been sued in Georgia. Johnson v. Woodard, 208 Ga. App. 41, 429 S.E.2d 701 (1993). Cited in Lowe v. City Council, 45 F. Supp. 143 (S.D. Ga. 1942); Gallahar v. George A. Rheman Co., 50 F. Supp. 655 (S.D. Ga. 1943); Rogers v. Atlantic Greyhound Corp., 50 F. Supp. 662 (S.D. Ga. 1943); Beck & Gregg Hdwe. Co. v. Cook, 210 Ga. 608, 82 S.E.2d 4 (1954); Harper Motor Lines v. Roling, 218 Ga. 812, 130 S.E.2d 817 (1963); Record Truck Line v. Harrison, 109 Ga. App.
653, 137 S.E.2d 65 (1964); Ellerbee v. Inter-
state Contract Carrier Corp., 183 Ga. App. 828, 360 S.E.2d 280 (1987).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the provisions, opinions under former Code Section 46-7-61 are included in the annotations for this section. Commission filing fee not inconsistent with federal regulation. - The $25.00 fee required to be charged by the Public Service Commission pursuant to § 46-7-61 and this section for the regulation of interstate motor carriers is not inconsistent with the Interstate Commerce Commission regulation which established a maximum fee of $5.00 which state commissions could charge interstate motor carriers for annual licenses or identification stamps, provided it can be demonstrated that at least $20.00 of such fee is used solely for defraying the cost of the regulation of carriers by highway operating within the borders of this state and the enforcement of laws pertaining thereto. 1972 Op. Att’y Gen. No. 72-71. Intent of sections prescribing penalties for violations of laws concerning motor common and contract carriers. - This section and §§ 32-1-10, 32-6-23, 32-6-24, and 46-7-78 are intended to promote safety of traveling public and protect public’s investment in its roads and highways. 1981 Op. Att’y Gen. No. U81-17 (rendered under former Code Section 46-7-61). Classification of traffic offenses included violations of Ga. L. 1973, pp. 947 and 1105 and former Code 1933, § 95A-963 (see O.C.G.A. § 32-6-30), dealing with failure to stop for inspection of vehicle or load. 1981 Op. Att’y Gen. No. U81-17 (rendered under former Code Section 46-7-61). Use of uniform traffic citation permitted where section violated. - Section 17-7-71(b) specifically permits use of uniform traffic
citation in all misdemeanor cases involving vehicle dimensions and laws concerning motor common carriers and motor contract carriers, which includes violations of this section to the extent that such violations are misdemeanors. 1981 Op. Att’y Gen. No. U81-17 (rendered under former Code Section 46-7-61). Posted cash appearance bond may be forfeited. - Since violations of §§ 32-6-30 and 46-7-61 constitute misdemeanor traffic offenses, cases arising from these sections may be tried upon uniform traffic citation, and any cash appearance bonds posted may be forfeited as provided by § 17-6-8. 1981 Op. Att’y Gen. No. U81-17 (rendered under former Code Section 46-7-61). Additional registration fee for vehicle leased to another carrier. - Where a vehicle bearing Georgia revenue license plates and a $25.00 Georgia Public Service Commission tag is leased to another carrier for movement of a shipment in intrastate commerce or interstate commerce between points in Georgia, this section requires the payment of an additional fee for registration of that vehicle in the name of the lessee. 1968 Op. Att’y Gen. No. 68-505 (rendered under former Code Section 46-7-61). Where a vehicle bearing Georgia revenue license plates and a $25.00 Georgia Public Service Commission tag is leased to another carrier for movement of a shipment in interstate commerce to, from, or through Georgia, this section requires the payment of an additional fee for registration of that vehicle in the name of the lessee. 1968 Op. Att’y Gen. No. 68-505 (rendered under former Code Section 46-7-61).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 36 et seq. C.J.S. - 60 C.J.S., Motor Vehicles, §§ 174 et seq., 179 et seq., 192 et seq., 226. ALR. - Applicability of state Anti-trust Act to interstate transaction, 24 ALR 787. State regulation of carriers by motor vehi-
cle as affected by interstate commerce clause, 47 ALR 230; 49 ALR 1203; 62 ALR 52; 85 ALR 1136; 109 ALR 1245; 135 ALR 1358. Rules of federal courts or those of state court as applicable in action for tort against carrier arising out of interstate transportation of persons, 76 ALR 428.
Territorial coverage of motor carrier’s public liability policy required by statute or ordinance as coextensive with area of authorized operation, 154 ALR 520. Owning, leasing, or otherwise engaging in
business of furnishing services for taxicabs as basis of tort liability for acts of taxi driver under respondeat superior doctrine, 8 ALR3d 818.