O.C.G.A. § 46-7-19 (2019)
Discrimination in rates, fares, and charges; commissioner’s orders as to permissible reductions in rates and waivers of charges
No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commissioner; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules.
History
(Ga. L. 1931, p. 199, § 9; Code 1933, § 68-614; 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. Unjust discrimination in freight-transportation rates by common carriers generally, § 46-9-52. 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 admin-
istrative 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 Cited in Myers v. Atlantic Greyhound Lines, 52 Ga. App. 698, 184 S.E. 414 (1936);
United States v. Southern Motor Carriers Rate Conference, 439 F. Supp. 29 (N.D. Ga.
1977); Executive Town & Country Servs.,
Inc. v. City of Atlanta, 789 F.2d 1523 (11th Cir. 1986).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 245 et seq., 251, 266, 264 et seq. C.J.S. - 13 C.J.S., Carriers, §§ 155, 195, 197, 199, 232, 233, 281, 367, 370, 371, 372, 596. 60 C.J.S., Motor Vehicles, § 154. ALR. - State regulation of carriers by motor vehicle as affected by interstate commerce clause, 47 ALR 230; 49 ALR 1203; 62 ALR 52; 85 ALR 1136; 109 ALR 1245; 135 ALR 1358. Right to maintain action against carrier on
ground that rates which were filed and published by carrier pursuant to law were excessive, 97 ALR 406. Right of common or private carrier on highways to challenge rates of common carriers by rail or of other carriers on highways, 104 ALR 1169. Joinder or representation of several claimants in action against carrier or utility to recover overcharge, 1 ALR2d 160.