O.C.G.A. § 46-7-18 (2019)
Authority of commissioner to prescribe reasonable rates, fares, and charges for carriers; form, filing, and publication of tariffs; collective rate-making procedure
The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commissioner may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commissioner may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commissioner shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier’s operating authority by the commissioner.
History
(Ga. L. 1931, p. 199, § 8; Code 1933, § 68-613; Ga. L. 1980, p. 1119, § 2; Ga. L. 1983, p. 529, § 1; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.)
Annotations
Cross references. - Authority of General Assembly regarding regulation of public utility rates, Ga. Const. 1983, Art. III, Sec. VI, Para. V. Prohibition against rebates, Ga. Const. 1983, Art. III, Sec. VI, Para. V. 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 Collective ratemaking activities by ‘‘rate bureaus’’ immune from antitrust liability. - Collective ratemaking activities carried on by ‘‘rate bureaus’’ composed of motor common carriers operating in several states, although not compelled by the states involved, ‘‘clearly articulated state policy’’ and thus were immune from antitrust liability. Southern Motor Carriers Rate Conference, Inc. v.
United States, 471 U.S. 48, 105 S. Ct. 1721, 85 L. Ed. 2d 36 (1985). Cited in United States v. Southern Motor Carriers Rate Conference, Inc., 672 F.2d 469 (5th Cir. 1982); Executive Town & Country Servs., Inc. v. City of Atlanta, 789 F.2d 1523 (11th Cir. 1986); Executive Town & Country Servs., Inc. v. Young, 258 Ga. 860, 376 S.E.2d 190 (1989).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 157, 158.
C.J.S. - 60 C.J.S., Motor Vehicles, §§ 187 et seq., 192 et seq.