O.C.G.A. § 46-7-36 (2019)
Applicability of article to carriers engaged in both interstate and intrastate commerce
In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the commissioner shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state.
History
(Ga. L. 1931, p. 199, § 30; Code 1933, § 68-633; Ga. L. 1973, p. 643, § 4; Ga. L. 1987, p. 3, § 46; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.)
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 Direct action against insurers of interstate carriers allowed. - A proper interpretation of the provision in former Code 1933, § 68-612 (see O.C.G.A. § 46-7-12) allowing for direct actions against insurance carriers, in conjunction with former Code 1933, § 68-633 (see O.C.G.A. § 46-7-36), was that it applied to interstate carriers as well as intrastate carriers. Kimberly v. Bankers & Shippers Ins. Co., 490 F. Supp. 93 (N.D. Ga. 1980). Cause of action for tort occurring out-of-state. - Since, under former
§ 46-7-16(e), a certificate and bond or insurance is not required at all when carrier is engaged solely in interstate commerce over the public highways of Georgia, the certificate of convenience which permits joinder of the insurer in a suit against a carrier ‘‘subject to action’’ in Georgia applies specifically to causes of action for a tort which occurred on public highways of other states. Johnson v. Woodard, 208 Ga. App. 41, 429 S.E.2d 701 (1993). Cited in Record Truck Line v. Harrison, 220 Ga. 289, 138 S.E.2d 578 (1964).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 36 et seq. C.J.S. - 60 C.J.S., Motor Vehicles, §§ 174 et seq., 179 et seq., 192 et seq., 226. 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.