O.C.G.A. § 46-7-31 (2019)
Injunctions
Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commissioner, by a competing motor carrier or rail carrier, or by any individual.
History
(Ga. L. 1931, p. 199, § 29; Code 1933, § 68-632; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2004, p. 366, § 13.)
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 The 1931 law was regulatory in nature, and all persons proposing to conduct the business of a motor carrier as defined thereby must submit themselves to the jurisdiction and control of the commission. McKinney v. Patton, 176 Ga. 719, 169 S.E. 16 (1933). Meaning of language ‘‘or any individual’’. - The words ‘‘or any individual’’ mean any other person having an interest in the subject matter, such as any individual who competes with the common carrier, and would not authorize the grant of an injunction at the instance of individuals whose only interest is as citizens and taxpayers. Gulledge v.
Augusta Coach Co., 210 Ga. 377, 80 S.E.2d 274 (1954). ‘‘Required certificate’’ necessary. - The mere fact that a carrier was a certificate holder would afford the carrier no protection. The question is did the carrier have the required certificate that is one under the terms of which the carrier’s particular operation was authorized. Bass v. Georgia Public-Service Comm’n, 192 Ga. 106, 14 S.E.2d 740 (1941). Cited in McKinney v. Patton, 176 Ga. 719, 169 S.E. 16 (1933); Georgia Pub. Serv. Comm’n v. Jones Transp., Inc., 213 Ga. 514, 100 S.E.2d 183 (1957).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 33, 125, 146.
C.J.S. - 60 C.J.S., Motor Vehicles, §§ 207, 209, 210.