O.C.G.A. § 46-7-26 (2019)
Authority of commissioner to promulgate rules and regulations for safety
The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner shall from time to time promulgate. Specifically but without limitation, the commissioner shall promulgate rules or regulations for the safe operation of trailers or semitrailers effective on and after July 1, 2000, consistent with the applicable provisions of Code Section 40-8-50;
(2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver’s license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;
(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner in such detail and in such manner as the commissioner may require; and
(4) The commissioner shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner.
History
(Ga. L. 1931, p. 199, § 24; Code 1933, § 68-627; Ga. L. 1972, p. 1015, § 1604; Ga. L. 1981, p. 409, §§ 1, 2; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 809, § 2; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2002, p. 415, § 46.)
Annotations
Cross references. - Similar provisions regarding authority of commission to promulgate rules regarding equipment of motor vehicles within its jurisdiction, § 40-8-2. Editor’s notes. - Ga. L. 2000, p. 809, § 4,
not codified by the General Assembly, provided that this Act shall become effective April 27, 2000, for purposes of promulgation of rules or regulations by the Public Service Commission. For all other purposes, this Act shall become effective July 1, 2000. Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section be-
comes 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 note on 2000 amendment of O.C.G.A. § 46-7-26, see 17 Ga. St. U.L. Rev. 259 (2000).
JUDICIAL DECISIONS Rule of the 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. Maner v. Dykes, 183 Ga. 118, 187 S.E. 699 (1936); Reliable Transf. Co. v. May, 70 Ga. App. 613, 29 S.E.2d 187 (1944). Delegation of regulatory power by Legislature proper. - 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). Cited in Folds v. Auto Mut. Indem. Co., 55 Ga. App. 198, 189 S.E. 711 (1937); Carter v. Bishop, 209 Ga. 919, 76 S.E.2d 784 (1953).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 27 et seq. C.J.S. - 60 C.J.S., Motor Vehicles, § 114 et seq. ALR. - Liability for injuries due to collision between streetcar and automobile at street intersection, 28 ALR 217; 46 ALR 1000. 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. Liability for injury to or death of passenger from accident due to physical condition of carrier’s employee, 53 ALR3d 669. Liability or recovery in automobile negligence action as affected by absence on insufficiency of lights on parked or standing motor vehicle, 61 ALR3d 13.