O.C.G.A. § 46-7-3 (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.

JUDICIAL DECISIONS In light of the similarity of the provisions, decisions under former Ga. L. 1929, p. 293 former Code 1933, § 68-504, and former Code Section 46-7-53, are included in the annotations under this Code section. Construction with Code Section 46-7-7. - Provisions of former Code 1933, § 68-504 were the same as provisions of former Code 1933, § 68-609 (see O.C.G.A. § 46-7-7) with respect to the enumerated five elements that the commission must consider. Therefore, the decisions of the Supreme Court dealing with former Code 1933, § 68-609 (see O.C.G.A. § 46-7-7) were directly applicable and controlling on the construction of former Code 1933, § 68-504 . Both sections add to the five enumerated considerations the following: ‘‘among other things.’’ This quoted provision cannot be ignored, and its proper recognition required a construction that the commission’s judgment need not rest upon any or all of the five fields enumerated. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm’n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504). Public interest more than five elements contained in subsection (f ). - Both former Code 1933, § 68-504, which related to ‘‘motor contract carriers’’ and former Code 1933, § 68-609 (see O.C.G.A. § 46-7-7), which related to ‘‘motor common carriers’’ require the procurement of a certificate of public convenience and necessity from the commission after a hearing pursuant to findings by the commission to the effect that ‘‘the public interest requires such operation.’’ The public interest, while embracing the five elements yet comprehends much more. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm’n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504). No right to be free from competition. - Former Code 1933, § 68-504 did not afford the right to be free from competition. Wells Fargo Armored Serv. Corp. v. Georgia Pub. Serv. Comm’n, 547 F.2d 938 (5th Cir. 1977) (decided under former Code 1933, § 68-504). Operation by nonprofit association as motor carrier for hire requires certificate. - Where nonprofit association used trucks

owned and operated by association to haul products of association members to and from location in state, and at end of year amount of fees in excess of costs were refunded to members, association was operating as a motor carrier for hire, and was required to obtain a certificate of public convenience and necessity. Southeast Shippers Ass’n v. Georgia Pub. Serv. Comm’n, 211 Ga. 550, 87 S.E.2d 75 (1955) (decided under former Code Section 46-7-53). Publisher not liable for unknowingly using unlicensed distributor. - Since there is no duty on the part of a newspaper publisher to inquire and ascertain if a distributor is properly licensed by the Public Service Commission, a publisher cannot be held liable for the negligent driving of its distributor’s delivery vehicle on the ground that the driver was not licensed. Tanner v. USA Today, 179 Ga. App. 722, 347 S.E.2d 690 (1986) (decided under former Code Section 46-7-53). Power to select, limit and prohibit uses of highways by carriers for hire, which is implied in the requirement of a certificate of public convenience and necessity, is justified both as a regulation of the business, and as a regulation for the protection and safety of the highways. There is thereby no unequal protection of law, but a reasonable classification. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under former Ga. L. 1929, p. 293). Doing business on highways is privilege which may be conditioned or withheld. - Motor carriers are engaged in a business that is regulatable, and doing that business on the highways by a privilege which may be conditioned or withheld. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under former Ga. L. 1929, p. 293). Certificate and annual license fee are legally demandable by state. - A certificate of public convenience and necessity, with a reasonable fee therefor, and an annual license fee for the trucks, are legally demandable by a state as a nondiscriminatory prerequisite of the use of the highway for carrier purposes, even though the commerce involved is wholly interstate. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under former Ga. L. 1929, p. 293).

Authority of state to regulate use of roads. - The state may license or refuse to license, may condition or charge for, the use of its improved roads, when they are turned from their common uses and purposes to the carrier’s business. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293). Interstate carrier to pay for use of highway. - An interstate carrier has no better right than any other to use the state’s improved highway without its consent, or without paying for it. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under former Ga. L. 1929, p. 293). Directory or advisory nature of statutory elements of proof of public convenience and necessity. - In determining whether the public interest required the service and whether the certificate should be granted, the commission was directed by statute to consider the five subjects set out in former Code 1933, § 68-609 (see O.C.G.A. § 46-7-7). While these provisions were only directory or advisory, and it was not mandatory that each be proved before the commission was authorized to grant a certificate, reviewing courts recognize that this was a pronouncement by the General Assembly of principles of law generally accepted as ele-

ments of proof of public convenience and necessity. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm’n, 213 Ga. 418, 99 S.E.2d 225 (1957). Notice of cancellation. - O.C.G.A. § 46-7-3 requires motor carriers to obtain a certificate of public convenience which may not be issued until a surety bond or evidence of a policy of indemnity insurance is filed with the Public Service Commission (PSC). Under PSC Rule 1-8-1- .07, policies of insurance evidenced by a Form E certificate filed with the PSC remain in effect until cancelled as prescribed by that rule. The filing of a Form E certificate of insurance establishes that a specified policy of insurance has been issued to the motor carrier and that the policy continues in effect until canceled by giving notice to the PSC. Progressive Preferred Ins. Co. v. Ramirez, 277 Ga. 392, 588 S.E.2d 751 (2003). Cited in Phillips v. International Agric. Corp., 54 Ga. App. 751, 189 S.E. 54 (1936); Bass v. Georgia Public-Service Comm’n, 192 Ga. 106, 14 S.E.2d 740 (1941); Gallahar v. George A. Rheman Co., 50 F. Supp. 655 (S.D. Ga. 1943); Georgia Pub. Serv. Comm’n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951).

OPINIONS OF THE ATTORNEY GENERAL Exception to requirements of this section. - The temporary emergency authority granted under former Code 1933, § 68-611.1 (see O.C.G.A. § 46-7-13) was an exception to the general requirement of

former Code 1933, § 68-604 (see O.C.G.A. § 46-7-3) that no motor common carrier can operate without first obtaining a certificate. 1973 Op. Att’y Gen. No. 73-85.

RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 125 et seq.

C.J.S. - 60 C.J.S., Motor Vehicles, § 187 et seq.