O.C.G.A. § 46-7-38 (2019)
Acceptance of rebates, drawbacks, or unauthorized free transportation passes; possession of goods without authority evidence of intentional violation; burden of proof as to exceptions under article
(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commissioner for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
(b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the commissioner under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
(c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
History
(Ga. L. 1931, p. 199, § 20; Code 1933, § 68-9911; Code 1981, § 46-7-38, as redesignated by Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.)
Annotations
Editor’s notes. - Ga. L. 1996, p. 950, § 3, renumbered former Code Section 46-7-38 as present Code Section 46-7-39. 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 regula-
tions, 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.
OPINIONS OF THE ATTORNEY GENERAL Intent of sections prescribing penalties for violations of laws concerning motor common and contract carriers. - O.C.G.A. § 46-7-38 and O.C.G.A. §§ 32-1-10, 32-6-23
and 32-6-24 are intended to promote safety of traveling public and protect public’s investment in its roads and highways. 1981 Op. Att’y Gen. No. U81-17.
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 285. 21 Am. Jur. 2d, Criminal Law, §§ 1, 18 et seq.
C.J.S. - 13 C.J.S., Carriers, §§ 333, 335, 336, 346, 355. 61A C.J.S., Motor Vehicles, § 1311 et seq.