O.C.G.A. § 46-7-2 (2019)

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.

Law reviews. - For article, ‘‘Local Government Law,’’ see 53 Mercer L. Rev. 389 (2001).

JUDICIAL DECISIONS Some of the decisions cited below were decided under former Ga. L. 1929, p. 293. Applicability of term ‘‘motor carrier’’. - The term ‘‘motor carrier,’’ applies to those operating on a regular route on regular schedules or between fixed termini, and to whom the commission has power to prescribe schedules, fix rates, and issue order relative to their operation. Cherry v. City of Atlanta, 47 Ga. App. 719, 171 S.E. 463 (1933), aff ’d, 179 Ga. 249, 175 S.E. 563 (1934) (decided under former Ga. L. 1929, p. 293). Extent of regulatory supervision given to commission by Legislature. - The legislature having given to the commission regulatory supervision, as provided in the acts relating thereto, over motortruck freight transportation for hire by common carriers, and the legislature having power to regulate the operation of motortrucks over the highways of this state, it could enact such laws regulating speed, size, brakes, lights, etc., of

such vehicles as tended to promote the general safety of the public in the use of the highways of this state by such vehicles. The legislature could clearly designate the commission to act for it in seeing that public service motor vehicles conformed to the regulatory laws applicable to them, leaving to that body the working out of the minor details regarding such regulations. Maner v. Dykes, 55 Ga. App. 436, 190 S.E. 189 (1937). Rule of commission is not ‘‘law of the State’’ within the meaning of that term as used in the provisions of the Constitution giving exclusive jurisdiction on appeal to Supreme Court to pass on constitutionality of state law. Reliable Transf. Co. v. May, 70 Ga. App. 613, 29 S.E.2d 187 (1944). Carrier without right to review of revocation judgment by writ of certiorari in superior court. - Where a certificate of public convenience and necessity has been granted by the commission to a motor common carrier, under and subject to the provisions

of the motor common carrier act of 1931, to operate a passenger, baggage, and express service by motor vehicles over a specific route between named cities, and thereafter, by order of the commission, and after a hearing such certificate is revoked and canceled because the evidence adduced such hearing showed that such motor common carrier had abandoned the passenger service along the route in question, the motor common carrier, whose certificate of public convenience has thus been revoked and canceled by the commission does not have the right to review such judgment or order of the commission by the writ of certiorari in the superior court having jurisdiction. Southeastern Greyhound Lines v. Georgia Pub. Serv. Comm’n, 181 Ga. 75, 181 S.E. 834 (1935). City’s ordinances prohibiting the use of

amphibious vehicles as tour vehicles in parts of the city were not preempted by the state law giving the Public Service Commission the authority to issue certificates of public convenience and necessity; the ordinances fall within the constitutional exception to the doctrine of preemption since the General Assembly enacted general laws authorizing the local government to exercise its police powers and enact the local laws at issue. Old S. Duck Tours, Inc. v. Mayor of Savannah, 272 Ga. 869, 535 S.E.2d 751 (2000). Cited in Bass v. Georgia Public-Service Comm’n, 192 Ga. 106, 14 S.E.2d 740 (1941); Georgia Pub. Serv. Comm’n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951); Evanston Ins. Co. v. Stonewall Surplus Lines Ins. Co., 111 F.3d 852 (11th Cir. 1997).

RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 1, 2, 3, 5, 21 et seq. C.J.S. - 60 C.J.S., Motor Vehicles, § 24 et seq. ALR. - Power of municipality to deny the use of its street to public carrier which has

obtained from state commission certificate of public convenience, 66 ALR 847. Jurisdiction of public service commission over carriers transporting by motor trucks or busses, 103 ALR 268.