HB 609 - Motor carriers of property or persons; amend provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 609 - Motor carriers of property or persons; amend provisions
1. Watson 139th
House Comm: Ind / Senate Comm: Trans /
House Vote: Yeas 100 Nays 0 Senate Vote: Yeas Nays
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House Action Senate
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2/6/95 Read 1st Time 3/7/95
2/7/95 Read 2nd Time 3/14/95
2/27/95 Favorably Reported 3/14/95
Sub Committee Amend/Sub AM
Recommitted 1/8/96
3/6/95 Read 3rd Time 3/15/95*
3/6/95 Passed/Adopted
CS Comm/Floor Amend/Sub
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Tabled 3/15/95; Taken from Table 3/17/95
Action Suspended 3/17/95
Code Sections amended: 46-1-1, 46-7-7, 46-7-10, 46-7-12, 46-7-13, 46-7-15,
46-7-16, 46-7-18, 46-7-21, 46-7-25, 46-7-26, 46-7-28, 46-7-34, 46-7-36, 46-7-53,
46-7-56, 46-7-58, 46-7-58.1, 46-7-60, 46-7-61, 46-7-63, 46-7-65, 46-7-67,
46-7-68, 46-7-70, 46-7-76, 46-7-100, 46-7-101,46-7-102, 46-7-103, 46-7-104,
46-7-105,46-7-106, 46-7-107, 46-7-108, 46-7-109, 46-7-110, 46-7-111, 46-7-112,
46-7-113, 46-7-114, 46-7-115, 46-7-116, 46-7-117, 46-7-118, 46-7-119, 46-7-120,
46-9-6, 46-9-48, 46-9-70, 46-9-71, 46-9-72, 46-9-253,
HB 609 LC 10 1265S
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 46 of the Official Code of Georgia Annotated,
1- 2 relating to public utilities and public transportation, so
1- 3 as to change the definition of certain terms; to define
1- 4 additional terms; to provide considerations determining
1- 5 granting of a certificate generally with respect to motor
1- 6 common carriers of passengers or household goods; to provide
1- 7 for the issuance of a certificate to operate a motor common
1- 8 carrier or motor contract carrier without a hearing under
1- 9 certain conditions; to change the provisions relating to
1-10 requirement of applicants to obtain security bonds,
1-11 indemnity insurance, or self-insurance before being issued a
1-12 certificate to operate as a motor common carrier; to change
1-13 the provisions relating to temporary emergency authority to
1-14 operate as a motor common carrier; to change the provisions
1-15 relating to motor carriers subject to registration and
1-16 licensing; to change the provisions relating to registration
1-17 and insurance for motor common carriers and motor contract
1-18 carriers engaged solely in interstate commerce; to change
1-19 the provisions relating to the authority of the Public
1-20 Service Commission to prescribe reasonable rates, fares, and
1-21 charges for motor common carriers and motor contract
1-22 carriers; to repeal certain provisions relating to the
1-23 carrying of mail, parcels, and packages by motor carriers;
1-24 to repeal certain provisions relating to railroad companies
1-25 as motor carriers; to change the provisions relating to the
1-26 authority of the Public Service Commission to promulgate
1-27 rules for safety for motor carriers; to change the
1-28 provisions relating to the authority of the Public Service
1-29 Commission to employ and compensate enforcement personnel;
1-30 to change the provisions relating to the effect of
1-31 certificates for motor common carriers; to change the
1-32 provisions relating to the applicability of certain laws
1-33 pertaining to motor common carriers engaged in both
1-34 interstate and intrastate commerce; to change the provisions
1-35 relating to the certificate of public convenience and
1-36 necessity requirement for motor contract carriers; to change
1-37 the provisions relating to requirement as to obtaining
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LC 10 1265S
2- 1 security bonds or indemnity insurance before issuance of a
2- 2 certificate to operate as a motor contract carrier; to
2- 3 provide for temporary emergency authority to operate as a
2- 4 motor contract carrier; to change the provisions relating to
2- 5 registration permits of vehicles engaged in exempt commodity
2- 6 intrastate commerce; to change certain provisions relating
2- 7 to the applicability of certain laws pertaining to motor
2- 8 contract carriers engaged in both interstate and intrastate
2- 9 commerce; to repeal certain provisions relating to motor
2-10 vehicle safety inspections; to provide for the regulation of
2-11 motor carriers of property; to provide for the authority of
2-12 the Public Service Commission with respect to the regulation
2-13 of motor carriers of property; to provide for permits for
2-14 motor carriers of property; to provide for registration and
2-15 insurance for motor carriers of property engaged in
2-16 interstate commerce; to provide for fees for motor carrier
2-17 of property permits for motor carriers of property; to
2-18 provide for proceedings before the Public Service Commission
2-19 and for judicial review; to provide for refusal or
2-20 revocation of permits for motor carriers of property; to
2-21 provide for requirements for obtaining security bonds,
2-22 indemnity insurance, or self-insurance before issuance of
2-23 permits for motor carriers of property; to provide that
2-24 motor carriers of property shall be subject to vehicle
2-25 registration and licensing; to provide for the designation
2-26 and maintenance of agents for service on nonresident motor
2-27 carriers of property; to authorize the Public Service
2-28 Commission to examine the records of motor carriers of
2-29 property; to require motor carriers of property to observe
2-30 size, weight, and speed laws; to authorize the Public
2-31 Service Commission to promulgate rules for safety for
2-32 operators of motor vehicles; to authorize the Public Service
2-33 Commission to adopt rules and orders to enforce the
2-34 provisions of this Act relating to motor carriers of
2-35 property; to provide for enforcement personnel to enforce
2-36 the provisions of this Act relating to motor carriers of
2-37 property; to provide for additional powers of the Public
2-38 Service Commission and for the delegation of powers; to
2-39 provide for hearings; to provide for enforcement; to provide
2-40 for certain injunctive relief; to provide that certain
2-41 actions shall be prima-facie evidence of a violation of laws
2-42 and regulations applicable to motor carriers of property; to
2-43 make it unlawful to violate the provisions of this Act
2-44 relating to the regulation of motor carriers of property; to
2-45 provide a penalty; to authorize the Public Service
2-46 Commission to establish a collective rate-making procedure
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LC 10 1265S
3- 1 for all motor carriers of property; to authorize the Public
3- 2 Service Commission to issue certificates, permits, and other
3- 3 required documentation in such form and manner, including
3- 4 electronic transmittal, as such commission by rule may
3- 5 prescribe; to change the provisions relating to limitation
3- 6 of actions against motor common carriers for recovery of
3- 7 overcharges; to provide procedures for the collection of
3- 8 charges by shippers; to change the provisions relating to
3- 9 adjustment and payment by motor common carriers of claims
3-10 for loss of property or overcharge for freight; to repeal
3-11 certain provisions relating to the transportation of
3-12 livestock and domestic animals by motor common carriers; to
3-13 repeal certain provisions relating to the transportation of
3-14 gunpowder, dynamite, or other explosives; to provide for
3-15 other matters relative to the foregoing; to provide an
3-16 effective date; to repeal conflicting laws; and for other
3-17 purposes.
3-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
3-19 Title 46 of the Official Code of Georgia Annotated, relating
3-20 to public utilities and public transportation, is amended by
3-21 striking in its entirety Code Section 46-1-1, relating to
3-22 definitions applicable to said title, and inserting in lieu
3-23 thereof a new Code Section 46-1-1 to read as follows:
3-24 "46-1-1. (Index)
3-25 As used in this title, the term:
3-26 (1) 'Air carrier' means a citizen of the United States
3-27 undertaking by any means, directly or indirectly, to
3-28 provide air transportation or a carrier affiliated with
3-29 an air carrier through common controlling ownership when
3-30 such carrier is transporting property by aircraft or by
3-31 motor vehicle, whether or not such property has had or
3-32 will have prior or subsequent air movement. Any air
3-33 carrier or operator of a vehicle operated by an air
3-34 carrier shall, in addition to any other requirement of
3-35 Georgia law, comply with Article 5 of Chapter 7 of this
3-36 title.
3-37 (1)(2) 'Carrier' means a person who undertakes the
3-38 transporting of goods or passengers for compensation.
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LC 10 1265S
4- 1 (2)(3) 'Certificate' means a certificate of public
4- 2 convenience and necessity issued by the Public Service
4- 3 Commission pursuant to this title.
4- 4 (3)(4) 'Commission' means the Public Service Commission.
4- 5 (4)(5) 'Company' shall include a corporation, a firm, a
4- 6 partnership, an association, or an individual.
4- 7 (5)(6) 'Electric utility' means any retail supplier of
4- 8 electricity whose rates are fixed by the commission.
4- 9 (6)(7) 'For hire' means an activity wherein for
4-10 compensation a motor vehicle and driver are furnished to
4-11 a person by another person, acting directly or knowingly
4-12 and willfully acting with another to provide the
4-13 combined service of the vehicle and driver, and includes
4-14 every person acting in concert with, under the control
4-15 of, or under common control with a motor carrier or
4-16 motor carrier of property who shall offer to furnish
4-17 transportation for compensation.
4-18 (8) 'Household goods' means:
4-19 (A) Personal effects and property used or to be used
4-20 in a dwelling or residence and such other similar
4-21 property as the commission may provide by regulation;
4-22 provided, however, that this subparagraph shall not be
4-23 construed to include property moving from a factory or
4-24 store, except such property as the householder or
4-25 occupant has purchased with intent to use in his or
4-26 her dwelling and which is transported at the request
4-27 of, and the transportation charges are paid to the
4-28 carrier by, the householder or occupant;
4-29 (B) Furniture, fixtures, equipment, and property of
4-30 stores, offices, museums, institutions, hospitals, or
4-31 other establishments when such items are a part of the
4-32 stock, equipment, or supply of such stores, offices,
4-33 museums, institutions, hospitals, or other
4-34 establishments and such other similar property as the
4-35 commission may provide by regulation; provided,
4-36 however, that this subparagraph shall not be construed
4-37 to include the stock-in-trade of any establishment,
4-38 whether consignor or consignee, other than used
4-39 furniture and used fixtures, except when transported
4-40 as incidental to moving of the establishment, or a
4-41 portion thereof, from one location to another; and
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LC 10 1265S
5- 1 (C) Articles, including objects of art, displays, and
5- 2 exhibits, which because of their unusual nature or
5- 3 value require the specialized handling and equipment
5- 4 usually employed in moving household goods and such
5- 5 other similar articles as the commission may provide
5- 6 by regulation; provided, however, that this
5- 7 subparagraph shall not be construed to include any
5- 8 article, whether crated or uncrated, which does not,
5- 9 because of its unusual nature or value, require the
5-10 specialized handling and equipment usually employed in
5-11 moving household goods.
5-12 (9) 'Motor carrier' means every person and the lessees,
5-13 receivers, or trustees of such person owning,
5-14 controlling, operating, or managing any motor propelled
5-15 vehicle used in the business of transporting for hire
5-16 persons or property, or both, otherwise than over
5-17 permanent rail tracks, on the public highways of this
5-18 state.
5-19 (10) 'Motor carrier of property' means a for-hire motor
5-20 carrier engaged in transporting property, except
5-21 household goods. The term 'motor carrier of property'
5-22 includes a motor carrier of property's agents, officers,
5-23 and representatives as well as employees responsible for
5-24 hiring, supervising, training, assigning, or dispatching
5-25 of driver and employees concerned with the installation,
5-26 inspection, and maintenance of motor vehicle equipment
5-27 or accessories. The term also includes air carriers as
5-28 defined in this Code section. Except as otherwise
5-29 provided in this subparagraph, the term 'motor carrier
5-30 of property' shall not include:
5-31 (A) Trucks, drays, or other motor vehicles
5-32 transporting property which operate within the
5-33 corporate limits of municipalities and are subject to
5-34 regulation by the governing authorities of such
5-35 municipalities. This exception shall apply to any
5-36 dray, truck, or other motor vehicle which operates
5-37 within the corporate limits of a city and is subject
5-38 to regulation by the governing authority of such city
5-39 or by the commission and which goes beyond the
5-40 corporate limits of such city only for the purpose of
5-41 hauling chattels which have been seized under any
5-42 court process;
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LC 10 1265S
6- 1 (B) Granite trucks where transportation from the
6- 2 quarry to the finishing plant involves crossing not
6- 3 more than two counties;
6- 4 (C) Motor vehicles owned and operated exclusively by
6- 5 the United States government or by this state or any
6- 6 political subdivision thereof;
6- 7 (D) Motor vehicles engaged exclusively in the
6- 8 transportation of agricultural or dairy products, or
6- 9 both, between farm and market, gin, warehouse, or
6-10 mill, whether such motor vehicle is owned by the owner
6-11 or producer of such agricultural or dairy products or
6-12 not, so long as the title remains in the producer.
6-13 For the purposes of this subparagraph, the term
6-14 'producer' includes a landlord where the relations of
6-15 landlord and tenant or landlord and cropper are
6-16 involved. As used in this subparagraph, the term
6-17 'agricultural or dairy products' includes fruit,
6-18 livestock, meats, fertilizer, wood, lumber, cotton,
6-19 and naval stores; household goods and supplies
6-20 transported to farms for farm purposes; or other usual
6-21 farm and dairy supplies including products of grove or
6-22 orchard, poultry and eggs, fish and oysters, and
6-23 timber or logs being hauled by the owner thereof or
6-24 the owner's agents or employees between forest and
6-25 mill or primary place of manufacture; provided,
6-26 however, that motor vehicles with a manufacturer's
6-27 gross weight rated capacity of 44,000 pounds or more
6-28 engaged solely in the transportation of unmanufactured
6-29 forest products shall be subject to the Georgia Forest
6-30 Products Trucking Rules which shall be adopted and
6-31 promulgated by the commission only for application to
6-32 such vehicles and vehicles defined in subparagraph (A)
6-33 of paragraph (15) of this Code section; provided,
6-34 further, that pulpwood trailers and pole trailers with
6-35 a manufacturer's gross weight rated capacity of 10,001
6-36 pounds or more engaged solely in the transportation of
6-37 unmanufactured forest products shall have two amber
6-38 side marker reflectors on each side of the trailer
6-39 chassis between the rear of the tractor cab and the
6-40 rearmost support for the load. All such reflectors
6-41 shall be not less than four inches in diameter. Such
6-42 rules and any amendments thereto adopted by the
6-43 commission shall be subject to legislative review in
6-44 accordance with the provisions of Code Section
6-45 46-2-30, and, for the purposes of such rules and any
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LC 10 1265S
7- 1 amendments thereto, the Senate Committee on Natural
7- 2 Resources and the House Committee on Natural Resources
7- 3 and Environment shall be the appropriate committees
7- 4 within the meaning of Code Section 46-2-30; or
7- 5 (E) Motor trucks of railway companies which perform a
7- 6 pickup and delivery service in connection with their
7- 7 freight train service, between their freight terminals
7- 8 and points not more than ten miles distant, when
7- 9 either the freight terminal or such points, or both,
7-10 are outside the limits of an incorporated city.
7-11 (11) 'Motor carrier of property permit' means a document
7-12 issued by the commission to motor carriers of property
7-13 and air carriers as set forth in Article 5 of Chapter 7
7-14 of this title.
7-15 (7)(12) 'Motor contract carrier and motor common
7-16 carrier' means as follows:
7-17 (A) 'Motor contract carrier' means every person,
7-18 except common carriers, owning, controlling,
7-19 operating, or managing any motor propelled vehicle
7-20 including the lessees or trustees of such persons or
7-21 receivers appointed by any court used in the business
7-22 of transporting persons or property for hire over any
7-23 public highway in this state and not operated
7-24 exclusively within the corporate limits of any city. (B) 'Motor common carrier' means every person owning,
7-26 controlling, operating, or managing any motor
7-27 propelled vehicle, and the lessees, receivers, or
7-28 trustees of such person, used in the business of
7-29 transporting for hire of persons or property, or both,
7-30 otherwise than over permanent rail tracks, on the
7-31 public highways of Georgia as a common carrier.
7-32 (B) 'Motor common carrier' means every person and the
7-33 lessees, receivers, or trustees of such person owning,
7-34 controlling, operating, or managing any motor
7-35 propelled vehicle holding itself out to the general
7-36 public to provide motor vehicle transportation for
7-37 compensation over regular or irregular routes, or
7-38 both.
7-39 (C) Except as otherwise provided in this subparagraph,
7-40 the terms 'motor common carrier' and 'motor contract
7-41 carrier' shall not include:
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LC 10 1265S
8- 1 (i) Motor vehicles engaged solely in transporting
8- 2 school children and teachers to and from public
8- 3 schools and private schools;
8- 4 (ii) Taxicabs, drays, trucks, and buses, and other
8- 5 motor vehicles which operate solely within the
8- 6 corporate limits of municipalities and are subject
8- 7 to regulation by the governing authorities of such
8- 8 municipalities. This exception shall apply to
8- 9 taxicabs and buses even though such vehicles may, in
8-10 the prosecution of their regular business,
8-11 occasionally go beyond the corporate limits of such
8-12 municipalities, provided that they do not operate to
8-13 or from fixed termini outside of such limits; and to
8-14 any dray or truck which operates within the
8-15 corporate limits of a city and is subject to
8-16 regulation by the governing authority of such city
8-17 or by the commission and which goes beyond the
8-18 corporate limits only for the purpose of hauling
8-19 chattels which have been seized under any court
8-20 process;
8-21 (iii) Hotel passenger or baggage motor vehicles when
8-22 used exclusively for patrons and employees of such
8-23 hotel;
8-24 (iv) Motor vehicles operated not for profit with a
8-25 capacity of 15 persons or less when they are used
8-26 exclusively to transport elderly and handicapped
8-27 passengers or employees under a corporate sponsored
8-28 van pool program, except that a vehicle owned by the
8-29 driver may be operated for profit when such driver
8-30 is traveling to and from his or her place of work
8-31 provided each such vehicle carrying more than nine
8-32 passengers maintains liability insurance in an
8-33 amount of not less than $100,000.00 per person and
8-34 $300,000.00 per accident and $50,000.00 property
8-35 damage. For the purposes of this division, elderly
8-36 and handicapped passengers are defined as
8-37 individuals over the age of 60 years or who, by
8-38 reason of illness, injury, age, congenital
8-39 malfunction, or other permanent or temporary
8-40 incapacity or disability, are unable to utilize mass
8-41 transportation facilities as effectively as persons
8-42 who are not so affected; (v) Granite trucks, where transportation from quarry
9- 2 to finishing plant involves not crossing more than
9- 3 two counties; (vi) RFD carriers and star-route carriers which
9- 5 carry no more than nine passengers along with
9- 6 carriage of the United States mail, provided that
9- 7 such carriers shall not carry passengers on a route
9- 8 along which another motor carrier of passengers has
9- 9 a permit or a certificate to operate; (vii) Motor trucks of railway companies which
9-11 perform a pick-up and delivery service in connection
9-12 with their freight train service, between their
9-13 freight terminals and points not more than ten miles
9-14 distant, when either the freight terminal or such
9-15 points, or both, are outside the limits of an
9-16 incorporated city; (viii) Motor vehicles owned and operated exclusively
9-18 by the United States government or by this state or
9-19 any subdivision thereof; (ix) Single source leasing whereby a leasing company
9-21 whose primary business is leasing vehicles and who
9-22 operates a fleet of ten or more vehicles provides
9-23 vehicle equipment and drivers in a single
9-24 transaction to a private carrier. Such arrangement
9-25 is presumed to result in private carriage by the
9-26 shipper if the requirements enumerated below are met
9-27 and subject only to the commission's transportation
9-28 safety rules: (I) The lease must be reduced to writing and a
9-30 copy maintained on the leased vehicle at all times
9-31 during the term of the lease; (II) The period for which the lease applies must
9-33 be no less than 30 days; (III) The lease agreement must provide, and the
9-35 surrounding facts must reflect, that the leased
9-36 equipment is exclusively committed to the lessee's
9-37 use for the term of the lease; (IV) The lease agreement must provide, and the
9-39 surrounding facts must reflect, that during the
9-40 term of the lease the lessee accepts, possesses,
9-41 and exercises exclusive dominion and control over
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LC 10 1265S
10- 1 the leased equipment and assumes complete
10- 2 responsibility for the operation of the equipment; (V) The lessee must maintain public liability
10- 4 insurance and accept responsibility to the public
10- 5 for any injury caused in the course of performing
10- 6 the transportation service conducted by the lessee
10- 7 with the equipment during the term of the lease; (VI) The lessee shall display appropriate
10- 9 identification on all equipment leased by it
10-10 showing operation by the lessee during the
10-11 performance of the transportation; (VII) The lessee must accept responsibility for,
10-13 and bear the cost of, compliance with safety
10-14 regulations during performance by the lessee of
10-15 any such transportation services; and (VIII) The lessee must bear the risk of damage to
10-17 the cargo, subject to any right of action the
10-18 lessee may have against the lessor for the
10-19 latter's negligence; (x) Motor vehicles engaged exclusively in the
10-21 transportation of agricultural or dairy products, or
10-22 both, between farm, market, gin, warehouse, or mill,
10-23 whether such motor vehicle is owned by the owner or
10-24 producer of such agricultural or dairy products or
10-25 not, so long as the title remains in the producer.
10-26 For the purposes of this division, the term
10-27 'producer' includes a landlord where the relations
10-28 of landlord and tenant or landlord and cropper are
10-29 involved. As used in this division, the term
10-30 'agricultural products' includes fruit, livestock,
10-31 meats, fertilizer, wood, lumber, cotton, and naval
10-32 stores; household goods and supplies transported to
10-33 farms for farm purposes; or other usual farm and
10-34 dairy supplies, including products of grove or
10-35 orchard; poultry and eggs; fish and oysters; and
10-36 timber or logs being hauled by the owner thereof or
10-37 the owner's agents or employees between forest and
10-38 mill or primary place of manufacture; provided,
10-39 however, motor vehicles with a manufacturer's gross
10-40 weight rated capacity of 44,000 pounds or more
10-41 engaged solely in the transportation of
10-42 unmanufactured forest products shall be subject to
10-43 the Georgia Forest Products Trucking Rules which
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LC 10 1265S
11- 1 shall be adopted and promulgated by the commission
11- 2 only for application to such vehicles and vehicles
11- 3 defined in subparagraph (A) of paragraph (11) of
11- 4 this Code section; provided, further, that pulpwood
11- 5 trailers and pole trailers with a manufacturer's
11- 6 gross weight rated capacity of 10,001 pounds or more
11- 7 engaged solely in the transportation of
11- 8 unmanufactured forest products shall have two amber
11- 9 side marker reflectors on each side of the trailer
11-10 chassis between the rear of the tractor cab and the
11-11 rearmost support for the load. All such reflectors
11-12 shall be not less than four inches in diameter.
11-13 Such rules and any amendments thereto adopted by the
11-14 commission shall be subject to legislative review in
11-15 accordance with the provisions of Code Section
11-16 46-2-30, and, for the purposes of such rules and any
11-17 amendments thereto, the Senate Committee on Natural
11-18 Resources and the House Committee on Natural
11-19 Resources and Environment shall be the appropriate
11-20 committees within the meaning of said Code Section
11-21 46-2-30. The first such rules adopted by the
11-22 commission shall be effective July 1, 1991; (xi) Motor vehicles engaged in the transportation of
11-24 unmanufactured agricultural products, dairy
11-25 products, poultry and processed poultry, nursery
11-26 stock, sod grass, potting soil, pine bark nuggets,
11-27 dry fertilizer, flue-cured tobacco, soybean meal,
11-28 pine bark, wood chips, shavings, sawdust, or
11-29 feedstuff for livestock and poultry, including
11-30 feedstuff ingredients, provided that such vehicles
11-31 do not haul or transport other commodities on the
11-32 same vehicle at the same time not exempt by law from
11-33 the regulations of the commission; motor vehicles
11-34 commonly known as tow trucks or wreckers, designed
11-35 and exclusively used in the business of towing
11-36 abandoned, disabled, and wrecked vehicles and
11-37 replacement vehicles therefor or otherwise rendering
11-38 assistance to abandoned, disabled, and wrecked
11-39 vehicles; except that any operator of such a vehicle
11-40 is required to register the exempt operation with
11-41 the commission, register and identify any of its
11-42 vehicles, and become subject to the commission's
11-43 liability insurance and vehicle and hazardous
11-44 materials safety rules; (xii) Motor vehicles engaged in compensated
12- 2 intercorporate hauling whereby transportation of
12- 3 property is provided by a person who is a member of
12- 4 a corporate family for other members of such
12- 5 corporate family, provided: (I) The parent corporation notifies the commission
12- 7 of its intent or the intent of one of the
12- 8 subsidiaries to provide the transportation; (II) The notice contains a list of participating
12-10 subsidiaries and an affidavit that the parent
12-11 corporation owns directly or indirectly a 100
12-12 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab
12-14 of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate
12-16 family registers the compensated intercorporate
12-17 hauling operation with the commission, registers
12-18 and identifies any of its vehicles, and becomes
12-19 subject to the commission's liability insurance
12-20 and motor carrier and hazardous materials
12-21 transportation rules. For the purpose of this division, the term
12-23 'corporate family' means a group of corporations
12-24 consisting of a parent corporation and all
12-25 subsidiaries in which the parent corporation owns
12-26 directly or indirectly a 100 percent interest; (xiii) Vehicles, except limousines, transporting not
12-28 more than ten persons for hire, except that any
12-29 operator of such a vehicle is required to register
12-30 the exempt operation with the commission, register
12-31 and identify any of its vehicles, and become subject
12-32 to the commission's liability insurance and vehicle
12-33 safety rules; (xiv) Any dump truck or transit mixer vehicle used
12-35 exclusively in the transportation of sand, gravel,
12-36 crushed stone, fill dirt, borrow pit materials,
12-37 plant mix road materials, plant mix concrete, or
12-38 road base materials; except that any operator of
12-39 such a vehicle is required to register the exempt
12-40 operation with the commission, register and identify
12-41 any of its vehicles, and become subject to the
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LC 10 1265S
13- 1 commission's liability insurance and vehicle and
13- 2 hazardous materials safety rules; or
13- 3 (xv)(v) Ambulances;
13- 4 (vi) Motor vehicles owned and operated exclusively
13- 5 by the United States government or by this state or
13- 6 any subdivision thereof;
13- 7 (vii) Vehicles, except limousines, extended
13- 8 limousines, sedans, and vans driven by commission
13- 9 permitted chauffeurs transporting not more than 15
13-10 persons for hire inclusive of the drivers, except
13-11 that any operator of such a vehicle is required to
13-12 register such exempt operation with the commission,
13-13 register and identify any of its vehicles, and
13-14 become subject to the commission's liability
13-15 insurance and vehicle safety rules; or
13-16 (viii) Motor carriers of property; provided,
13-17 however, that motor carriers of property shall be
13-18 considered to be common carriers under Chapter 9 of
13-19 this title.
13-20 (8)(13) 'Passenger' means a person who travels in a
13-21 public conveyance by virtue of a contract, either
13-22 express or implied, with the carrier as to the payment
13-23 of the fare or that which is accepted as an equivalent
13-24 therefor. The prepayment of fare is not necessary to
13-25 establish the relationship of passenger and carrier;
13-26 although a carrier may demand prepayment of fare if
13-27 persons enter his vehicle by his permission with the
13-28 intention of being carried; in the absence of such a
13-29 demand, an obligation to pay fare is implied on the part
13-30 of the passenger, and the reciprocal obligation of
13-31 carriage of the carrier arises upon the entry of the
13-32 passenger.
13-33 (9)(14) 'Permit' means a registration permit issued by
13-34 the Public Service Commission authorizing interstate
13-35 transportation for hire in Georgia under authority
13-36 granted by the Interstate Commerce Commission or
13-37 interstate transportation for hire exempt from the
13-38 jurisdiction of the Interstate Commerce Commission or
13-39 intrastate transportation for hire exempt from the
13-40 jurisdiction of the Public Service Commission.
13-41 (10)(15) 'Person' means any individual, partnership,
13-42 trust, private or public corporation, municipality,
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LC 10 1265S
14- 1 county, political subdivision, public authority,
14- 2 cooperative, association, or public or private
14- 3 organization of any character.
14- 4 (11)(16) 'Private carrier' means every person except
14- 5 motor common carriers or motor contract carriers owning,
14- 6 controlling, operating, or managing any motor propelled
14- 7 vehicle, and the lessees or trustees thereof or
14- 8 receivers appointed by any court whatsoever, used in the
14- 9 business of transporting persons or property in private
14-10 transportation not for hire over any public highway in
14-11 this state. The term 'private carrier' shall not
14-12 include:
14-13 (A) Motor vehicles not for hire engaged solely in the
14-14 harvesting or transportation of forest products;
14-15 provided, however, that motor vehicles not for hire
14-16 with a manufacturer's gross weight rated capacity of
14-17 44,000 pounds or more engaged solely in the
14-18 transportation of unmanufactured forest products shall
14-19 be subject only to the Georgia Forest Products
14-20 Trucking Rules provided for in division (7)(C)(x)
14-21 subparagraph (D) of paragraph (9) of this Code
14-22 section;
14-23 (B) Motor vehicles not for hire engaged solely in the
14-24 transportation of road-building materials;
14-25 (C) Motor vehicles not for hire engaged solely in the
14-26 transportation of unmanufactured agricultural or dairy
14-27 products between farm, and market, gin, warehouse, or
14-28 mill whether such vehicle is owned by the owner or
14-29 producer of such agricultural or dairy products or
14-30 not, so long as the title remains in the producer; or
14-31 (D) Except for the motor vehicles excluded under
14-32 subparagraph (C) of this paragraph, motor vehicles
14-33 having a manufacturer's gross vehicle weight rating of
14-34 10,000 pounds or less; provided, however, that motor
14-35 vehicles which have a manufacturer's gross vehicle
14-36 weight rating of 10,000 pounds or less and which are
14-37 transporting hazardous materials, as the term
14-38 'hazardous materials' is defined in the Federal
14-39 Hazardous Materials Regulations contained in Title 49
14-40 C.F.R., Parts 107, 171-173, and 177-178 as amended,
14-41 shall be included within the meaning of the term
14-42 'private carrier.'
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LC 10 1265S
15- 1 (12)(17) 'Public highway' means every public street,
15- 2 road, highway, or thoroughfare of any kind in this
15- 3 state.
15- 4 (13)(18) 'Railroad corporation' or 'railroad company'
15- 5 means all corporations, companies, or individuals owning
15- 6 or operating any railroad in this state. This title
15- 7 shall apply to all persons, firms, and companies, and to
15- 8 all associations of persons, whether incorporated or
15- 9 otherwise, that engage in business as common carriers
15-10 upon any of the lines of railroad in this state, as well
15-11 as to railroad corporations and railroad companies as
15-12 defined in this Code section.
15-13 (14)(19) 'Rate,' when used in this title with respect to
15-14 an electric utility, means any rate, charge,
15-15 classification, or service of an electric utility or any
15-16 rule or regulation relating thereto.
15-17 (15)(20) 'Utility' means any person who is subject in
15-18 any way to the lawful jurisdiction of the commission.
15-19 (16)(21) 'Vehicle' or 'motor vehicle' means any vehicle,
15-20 machine, tractor, trailer, or semitrailer propelled or
15-21 drawn by mechanical power and used upon the highways in
15-22 the transportation of passengers or property, or any
15-23 combination thereof, determined by the Public Service
15-24 Commission but does not include any vehicle, locomotive,
15-25 or car operated exclusively on a rail or rails or any
15-26 trolley bus operated by electric power derived from a
15-27 fixed overhead wire furnishing local passenger
15-28 transportation similar to street-railway service."
SECTION 2.
15-29 Said title is further amended by striking in its entirety
15-30 Code Section 46-7-7, relating to considerations determining
15-31 granting of certificate generally with respect to motor
15-32 common carriers, and inserting in lieu thereof a new Code
15-33 Section 46-7-7 to read as follows:
15-34 "46-7-7. (Index)
15-35 (a) The commission shall issue a certificate of public
15-36 convenience and necessity to a person authorizing
15-37 transportation as a motor common carrier of passengers or
15-38 household goods subject to the jurisdiction of the
15-39 commission if it finds that:
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LC 10 1265S
16- 1 (1) The person is fit, willing, and able to provide the
16- 2 transportation to be authorized by the certificate and
16- 3 to comply with regulations of the commission. Fitness
16- 4 encompasses three factors:
16- 5 (A) The applicant's financial ability to perform the
16- 6 service it seeks to provide;
16- 7 (B) The applicant's capability and willingness to
16- 8 perform properly and safely the proposed service; and
16- 9 (C) The applicant's willingness to comply with the
16-10 laws of Georgia and the rules and regulations of the
16-11 commission; and
16-12 (2) Based on evidence presented by the applicant
16-13 supporting the issuance of the certificate, that the
16-14 service proposed will serve a useful public purpose and
16-15 be responsive to a public demand or need.
16-16 (b) The initial burden of making out a prima-facie case
16-17 that an applicant's service is needed and that the
16-18 applicant is fit to provide such service rests with the
16-19 applicant.
16-20 (c) Upon an applicant making out a prima-facie case as to
16-21 the need for the service and the carrier's ability to
16-22 provide the service, the burden shifts to protestant to
16-23 show that the authority sought would not be consistent
16-24 with the public convenience and necessity.
16-25 (d) The commission shall not consider diversion of revenue
16-26 or traffic from an existing motor carrier to be grounds
16-27 for denial of an application.
16-28 (e) A protest of a motor carrier of property or of
16-29 passengers or of household goods to an application will
16-30 not be considered unless the protesting carrier:
16-31 (1) Possesses authority from the commission to handle,
16-32 in whole or in part, the commodity for which authority
16-33 is applied and is willing and able to provide service
16-34 that meets the reasonable needs of the shippers involved
16-35 and has performed service within the scope of the
16-36 application during the previous 12 month period or has
16-37 actively in good faith solicited service within the
16-38 scope of application during such period; or
16-39 (2) Has pending before the commission an application
16-40 previously filed with the commission for substantially
16-41 the same authority; or
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LC 10 1265S
17- 1 (3) Is granted by the commission leave to intervene upon
17- 2 a showing of other interests which in the discretion of
17- 3 the commission would warrant such a grant.
17- 4 (f) The commission may issue a certificate of public
17- 5 convenience and necessity without a hearing if the
17- 6 application is unprotested or unopposed."
SECTION 3.
17- 7 Said title is further amended by striking in its entirety
17- 8 Code Section 46-7-10, relating to hearing on application for
17- 9 certificate of public convenience and necessity with respect
17-10 to motor common carriers, and inserting in lieu thereof a
17-11 new Code Section 46-7-10 to read as follows:
17-12 "46-7-10. (Index)
17-13 The commission, upon the filing of a petition for a
17-14 certificate of public convenience and necessity, shall fix
17-15 a time and place for hearing thereon and shall, at least
17-16 ten days before the hearing, give notice thereof by
17-17 advertising the same at the expense of the applicant in a
17-18 newspaper in Atlanta, in which sheriffs' notices are
17-19 published. The applicant shall give all common carriers by
17-20 rail or motor in the territory sought to be served at
17-21 least ten days' notice in writing and make proof thereof
17-22 to the commission. If no protest is filed with the
17-23 commission or if the protest is subsequently withdrawn,
17-24 the commission may issue the certificate without a
17-25 hearing."
SECTION 4.
17-26 Said title is further amended by adding at the end of Code
17-27 Section 46-7-12, relating to requirement of applicant to
17-28 obtain security bond, indemnity insurance, or self-insurance
17-29 before being issued a certificate to operate as a motor
17-30 common carrier, a new subsection (f) to read as follows:
17-31 "(f) The form and manner of such bond or policy of
17-32 insurance as provided in this Code section shall be as set
17-33 forth in rules established by the commission."
SECTION 5.
17-34 Said title is further amended by striking in its entirety
17-35 Code Section 46-7-13, relating to temporary emergency
17-36 authority to operate as a motor common carrier, and
17-37 inserting in lieu thereof a new Code Section 46-7-13 to read
17-38 as follows:
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LC 10 1265S
18- 1 "46-7-13. (Index)
18- 2 Notwithstanding any other provision of law to the
18- 3 contrary, in order to authorize the provision of passenger
18- 4 or household goods service for which there is an immediate
18- 5 and urgent need to a point or points, or within a
18- 6 territory, with respect to which there is no satisfactory
18- 7 motor common carrier service capable of meeting such need,
18- 8 upon receipt of an application for temporary emergency
18- 9 authority and upon payment of the appropriate fee as fixed
18-10 by statute, the commission, under the authority of this
18-11 Code section, may, in its discretion and without a hearing
18-12 or other prior proceeding, grant to any person temporary
18-13 motor common carrier authority for to provide such
18-14 service. The order granting such authority shall contain
18-15 the commission's findings supporting its determination
18-16 under the authority of this Code section that there is an
18-17 unmet immediate and urgent need for such service and shall
18-18 contain such conditions as the commission finds necessary
18-19 with respect to such authority. Unless otherwise provided
18-20 in this Code section, such emergency temporary motor
18-21 common carrier authority, unless suspended or revoked for
18-22 good cause within such period, shall be valid for such
18-23 time as the commission shall specify but not for more than
18-24 an aggregate of 30 days. Such authority shall in no case
18-25 be renewed and shall create no presumption that
18-26 corresponding permanent authority will be granted
18-27 thereafter, except that, where a motor common carrier
18-28 granted temporary emergency motor common carrier authority
18-29 under the provisions of this Code section makes
18-30 application during the period of said temporary emergency
18-31 authority for permanent motor common carrier authority
18-32 corresponding to that authorized in its temporary
18-33 emergency authority, the temporary emergency motor common
18-34 carrier authority will be extended to the finalization of
18-35 the permanent authority application unless sooner
18-36 suspended or revoked for good cause within the extended
18-37 period. No such emergency temporary motor common carrier
18-38 authority shall be granted for the transportation of
18-39 general commodities (1) where there exists certificated
18-40 intrastate general commodity motor common carrier service
18-41 to and from the points, or within the territory, involved
18-42 unless such carrier or carriers are unable or refuse to
18-43 provide the needed service or (2) if, following notice to
18-44 the intrastate general commodity motor common carriers in
18-45 such manner as the commission by rule shall provide, any
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LC 10 1265S
19- 1 existing certificated general commodity motor common
19- 2 carrier files application for temporary emergency
19- 3 authority to perform the service needed and demonstrates
19- 4 that it is ready, willing, and able to provide such
19- 5 service promptly. In any grant of emergency temporary
19- 6 motor common carrier authority, notice of the order of the
19- 7 commission shall be served on the certificated carrier or
19- 8 carriers in such manner as the commission by rule shall
19- 9 provide."
SECTION 6.
19-10 Said title is further amended by striking in its entirety
19-11 Code Section 46-7-15, relating to motor carriers subject to
19-12 registration and licensing, and inserting in lieu thereof a
19-13 new Code Section 46-7-15 to read as follows:
19-14 "46-7-15. (Index)
19-15 (a) Except as otherwise provided in this Code section,
19-16 before any motor common carrier engaged in exempt
19-17 commodity passenger intrastate commerce as provided for in
19-18 subparagraph (C) of paragraph (7) (12) of Code Section
19-19 46-1-1 shall operate any motor vehicle on or over any
19-20 public highway of this state, it shall first secure a
19-21 registration permit from the commission by making
19-22 application therefor on forms supplied by the commission
19-23 and paying a $25.00 filing fee. The application shall show
19-24 the commodities or operations claimed to be exempt. A
19-25 carrier's registration permit shall be valid so long as
19-26 there is no change in its operating authority but may be
19-27 amended to reflect any changes by application to the
19-28 commission on a form provided by the commission and
19-29 payment of a $5.00 filing fee.
19-30 (b) Every motor common carrier operating pursuant to a
19-31 certificate or permit shall annually on or before the
19-32 thirty-first day of December of each calendar year, but
19-33 not earlier than the preceding first day of October or, as
19-34 to a vehicle put into use during the course of the year,
19-35 before the vehicle is put into use, make application to
19-36 the commission for the issuance of an annual
19-37 identification and registration stamp or stamps, make
19-38 application for the registration of all motor vehicles to
19-39 be operated under such certificate or permit, in such
19-40 manner and form as the commission may by rule or
19-41 regulation prescribe, and shall pay to the commission a
19-42 fee of $5.00 for the registration of each vehicle and
-19- (Index)
LC 10 1265S
20- 1 issuance of identification and registration stamp to
20- 2 operate same. Each annual identification and registration
20- 3 stamp shall be valid for a period of 16 months extending
20- 4 from the first day of October of any year through the
20- 5 thirty-first day of January of the next succeeding year.
20- 6 (c) Motor carriers operating pursuant to a certificate or
20- 7 permit as provided for in this article may, in lieu of
20- 8 other vehicle registration provisions contained in this
20- 9 Code section, register vehicles operated as an emergency,
20-10 temporary, or trip-lease vehicle for a period not
20-11 exceeding 15 days by payment to the commission of a fee of
20-12 $8.00 for each vehicle so registered. Upon such
20-13 registration, the commission shall issue an emergency,
20-14 temporary, or trip-lease vehicle registration permit.
20-15 (d) Whenever any motor vehicle is operated on or over any
20-16 public highway of this state without the motor common
20-17 carrier operating such vehicle first having obtained the
20-18 annual registration and license or temporary vehicle
20-19 registration permit provided for in this Code section, the
20-20 motor common carrier operating such vehicle shall be
20-21 required to pay a fee of $25.00 for the late registration
20-22 of such vehicle.
20-23 (e) No subdivision of this state, including cities,
20-24 townships, or counties, shall levy any excise, license, or
20-25 occupation tax of any nature on a motor common carrier, or
20-26 on the equipment of a motor common carrier, or on the
20-27 right of a motor common carrier to operate such equipment,
20-28 or on any incidents of the business of a motor common
20-29 carrier."
SECTION 7.
20-30 Said title is further amended by striking in its entirety
20-31 Code Section 46-7-16, relating to registration and insurance
20-32 for motor common carriers engaged solely in interstate
20-33 commerce, and inserting in lieu thereof a new Code Section
20-34 46-7-16 to read as follows:
20-35 "46-7-16. (Index)
20-36 (a) Before Except as otherwise provided in this Code
20-37 section, before any motor common carrier engaged solely in
20-38 interstate commerce under authority issued by the
20-39 Interstate Commerce Commission or any successor agency
20-40 shall operate any motor vehicle on or over any public
20-41 highway of this state, it shall first: obtain from the
-20- (Index)
LC 10 1265S
21- 1 commission or from the carrier's designated base state a
21- 2 registration receipt issued pursuant to rules adopted by
21- 3 the Interstate Commerce Commission or any successor agency
21- 4 as determined by federal law.
21- 5 (b) Before any motor carrier engaged solely in interstate
21- 6 operations exempt from regulation by the Interstate
21- 7 Commerce Commission shall operate any motor vehicle on or
21- 8 over any public highway of this state, it shall first:
21- 9 (1) Secure a registration permit from the Georgia Public
21-10 Service Commission by making application therefor on
21-11 forms supplied by the commission and paying a $25.00
21-12 filing fee. Applications for registration shall show
21-13 every certificate or permit of authority issued to the
21-14 applicant by the Interstate Commerce Commission with
21-15 regard to the applicant's interstate operations in this
21-16 state; or, in the case of motor common carriers exempt
21-17 from regulation by the Interstate Commerce Commission,
21-18 the application shall show the commodities or operations
21-19 claimed to be exempt and the routes or area over which
21-20 such carriers shall operate in this state. A carrier's
21-21 registration shall be valid so long as there is no
21-22 change in its operating authority with regard to its
21-23 operations in this state, but the registration may be
21-24 amended to reflect such changes by application to the
21-25 commission on forms supplied by the commission and
21-26 payment of a $5.00 filing fee;
21-27 (2) Annually on or before the thirty-first day of
21-28 December of each calendar year, but not earlier than the
21-29 preceding first day of October or, as to a vehicle put
21-30 into use during the course of the year, before the
21-31 vehicle is put into use, make application to the
21-32 commission for the issuance of an annual identification
21-33 and registration stamp or stamps, make application for
21-34 the registration of all motor vehicles to be operated
21-35 under such permit, in such manner and form as the
21-36 commission may by rule or regulation prescribe, and
21-37 shall pay to the commission a fee of $5.00 for the
21-38 registration of each vehicle and issuance of
21-39 identification and registration stamp to operate same.
21-40 Each annual identification and registration stamp shall
21-41 be valid for a period of 16 months extending from the
21-42 first day of October of any year through the
21-43 thirty-first day of January of the next succeeding year.
21-44 Notwithstanding any other provision of this Code
-21- (Index)
LC 10 1265S
22- 1 section, the Georgia Public Service Commission is
22- 2 authorized to impose a vehicle identification and
22- 3 registration fee equal to the identification and
22- 4 registration fee charged by any other state, up to a
22- 5 maximum of $25.00, upon vehicles licensed in that state
22- 6 if such state charges equipment licensed in Georgia a
22- 7 vehicle identification and registration fee in excess of
22- 8 $5.00; and
22- 9 (3) Give the bond or indemnity insurance prescribed by
22-10 this article, omitting the protection in respect to
22-11 their own passengers and cargoes.
22-12 (b)(c) Motor carriers operating pursuant to a registration
22-13 permit as provided for in this Code section may, in lieu
22-14 of all other registration and identification requirements
22-15 contained in subsection (a) (b) of this Code section,
22-16 register vehicles operated in Georgia as an emergency,
22-17 temporary, or trip-lease vehicle for a period not
22-18 exceeding 15 days by payment to the commission of a fee of
22-19 $8.00 for each vehicle so registered; and upon such
22-20 payment, the commission shall issue an emergency,
22-21 temporary, or trip-lease vehicle registration permit.
22-22 (c)(d) Where a carrier has not previously qualified with
22-23 the commission to operate in interstate exempt or
22-24 intrastate commerce in Georgia pursuant to this Code
22-25 section and thus has not secured a registration permit
22-26 pursuant to this Code section, the emergency, temporary,
22-27 or trip-lease vehicle registration permit provided for
22-28 above in subsection (c) of this Code section will also
22-29 include the authority to operate in Georgia during the 15
22-30 day or less period covered by the emergency, temporary, or
22-31 trip-lease vehicle registration permit, provided that the
22-32 carrier has otherwise qualified its operations with the
22-33 commission as provided for in this Code section; provided,
22-34 however, that whenever any motor vehicle is operated on or
22-35 over any public highway of this state without the motor
22-36 carrier operating such vehicle first having obtained the
22-37 annual registration and identification stamp or license or
22-38 the emergency, temporary, or trip-lease vehicle
22-39 registration permit provided for in this Code section, the
22-40 motor carrier operating such vehicle shall be required to
22-41 pay a fee of $25.00 for the late registration and
22-42 identification of such vehicle.
22-43 (d)(e) Nothing in this Code section shall limit the
22-44 authority of the Georgia Public Service Commission to
-22- (Index)
LC 10 1265S
23- 1 negotiate reciprocal agreements relating to vehicle
23- 2 identification and registration fees in excess of those
23- 3 provided for under Title 49 USC, Section 302(b)(2), as
23- 4 provided in Code Section 46-7-91.
23- 5 (e)(f) It shall not be necessary for any motor common
23- 6 carrier to obtain a certificate of public convenience from
23- 7 the Georgia Public Service Commission when such carrier is
23- 8 engaged solely in interstate commerce over the public
23- 9 highways of this state."
SECTION 8.
23-10 Said title is further amended by striking in its entirety
23-11 Code Section 46-7-18, relating to authority of Public
23-12 Service Commission to prescribe reasonable rates, fares, and
23-13 charges for motor common carriers, and inserting in lieu
23-14 thereof a new Code Section 46-7-18 to read as follows:
23-15 "46-7-18. (Index)
23-16 The commission shall prescribe just and reasonable rates,
23-17 fares, and charges for transportation by motor common
23-18 carriers of passengers, baggage, and property household
23-19 goods and for all services rendered by motor common
23-20 carriers in connection therewith. The tariffs therefor
23-21 shall be in such form and shall be filed and published in
23-22 such manner and on such notice as the commission may
23-23 prescribe. Such tariffs shall also be subject to change on
23-24 such notice and in such manner as the commission may
23-25 prescribe. In order to carry out the purposes of this Code
23-26 section, including the publication and maintenance of
23-27 just, reasonable, and nondiscriminatory rates and charges,
23-28 the commission shall establish a collective rate-making
23-29 procedure for all transportation for which it has
23-30 heretofore prescribed rates carriers of passengers and
23-31 household goods. Failure on the part of any motor common
23-32 carrier to comply with this Code section or the rules and
23-33 regulations promulgated under this Code section may result
23-34 in suspension or cancellation of said carrier's operating
23-35 authority by the commission."
SECTION 9.
23-36 Said title is further amended by striking and repealing in
23-37 its entirety Code Section 46-7-21, relating to the carrying
23-38 of mail, parcels, and packages, which reads as follows:
-23- (Index)
LC 10 1265S
24- 1 "46-7-21. (Index)
24- 2 Motor common carriers may, as an incident to their
24- 3 business, carry mail, parcels, and packages under such
24- 4 rules and regulations as may be prescribed by the
24- 5 commission.",
24- 6 and inserting in lieu thereof the following:
24- 7 "46-7-21. (Index)
24- 8 Reserved."
SECTION 10.
24- 9 Said title is further amended by striking and repealing in
24-10 its entirety Code Section 46-7-25, relating to railroad
24-11 companies as motor common carriers, which reads as follows:
24-12 "46-7-25. (Index)
24-13 Railroad companies operating in this state are authorized
24-14 to operate motor vehicles for hire upon public highways in
24-15 this state, provided that they obtain from the commission
24-16 a certificate under this article. As to such motor
24-17 vehicles, such railroad companies shall be considered
24-18 motor common carriers under this article and shall be
24-19 subject to all of the provisions of this article. Railroad
24-20 companies operating in this state are also authorized to
24-21 own the whole or any part of the capital stock of a
24-22 corporation or corporations organized or operating as a
24-23 motor common carrier. No railroad company, and no company
24-24 whose stock is owned by a railroad company, shall be
24-25 granted a certificate of public convenience and necessity
24-26 under this article without such proof as would be required
24-27 by an independent motor common carrier.",
24-28 and inserting in lieu thereof the following:
24-29 "46-7-25. (Index)
24-30 Reserved."
SECTION 11.
24-31 Said title is further amended by striking in its entirety
24-32 Code Section 46-7-26, relating to the authority of the
24-33 Public Service Commission to promulgate rules for safety for
24-34 motor common carriers, and inserting in lieu thereof a new
24-35 Code Section 46-7-26 to read as follows:
-24- (Index)
LC 10 1265S
25- 1 "46-7-26. (Index)
25- 2 The commission shall have the authority to promulgate
25- 3 rules and regulations for the safe operation of motor
25- 4 vehicles and drivers and the safe transportation of
25- 5 hazardous materials. Any such designed to promote safety,
25- 6 and any such safety rules and regulations promulgated or
25- 7 deemed necessary by such the commission shall include the
25- 8 following:
25- 9 (1) Every motor unit vehicle and all parts thereof shall
25-10 be maintained in a safe condition at all times; and the
25-11 lights, brakes, and equipment shall meet such safety
25-12 requirements as the commission shall from time to time
25-13 promulgate;
25-14 (2) Every driver employed by to operate a motor vehicle
25-15 for a motor common carrier shall be at least 18 years of
25-16 age, of temperate habits and good moral character,
25-17 possess a valid driver's license, not use or possess
25-18 prohibited drugs or alcohol while on duty, and shall be
25-19 fully competent to operate the motor vehicle under his
25-20 or her charge;
25-21 (3) Accidents arising from or in connection with the
25-22 operation of motor common carriers shall be reported to
25-23 the commission in such detail and in such manner as the
25-24 commission may require; and
25-25 (4) The commission shall require every motor common
25-26 carrier to have attached to each unit or vehicle such
25-27 distinctive markings or tags as shall be adopted by the
25-28 commission."
SECTION 12.
25-29 Said title is further amended by striking in its entirety
25-30 Code Section 46-7-28, relating to the authority of the
25-31 Public Service Commission to employ and compensate
25-32 enforcement personnel, and inserting in lieu thereof a new
25-33 Code Section 46-7-28 to read as follows:
25-34 "46-7-28. (Index)
25-35 (a) The commission is authorized to employ such persons as
25-36 may be necessary, in the discretion of the commission, for
25-37 the proper enforcement of this article, the salaries for
25-38 such employees to be fixed by the commission. The
25-39 traveling expenses of the commission and its employees
-25- (Index)
LC 10 1265S
26- 1 incurred in the implementation of this article shall be
26- 2 paid out of the funds derived under this article.
26- 3 (b) The commission is vested with police powers and
26- 4 authority to designate, deputize, and delegate to
26- 5 employees of the commission the necessary authority to
26- 6 enforce this article, including the power to stop and
26- 7 inspect all motor vehicles using the public highways for
26- 8 purposes of determining whether such vehicles have
26- 9 complied with and are complying with the provisions of
26-10 this article and all other laws regulating the use of the
26-11 public highways by motor vehicle common carriers, and to
26-12 arrest all persons found in violation thereof. In
26-13 addition and incidental to the powers of enforcement
26-14 personnel to inspect motor vehicles and to determine
26-15 whether such vehicles are complying with laws relating to
26-16 the use of the public highways by motor contract carriers,
26-17 such enforcement personnel shall have the responsibility
26-18 and power to arrest any person who is committing an
26-19 unlawful act in violation of Article 2 of Chapter 13 of
26-20 Title 16, the 'Georgia Controlled Substances Act,' or
26-21 Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug
26-22 Act.'"
SECTION 13.
26-23 Said title is further amended by striking in its entirety
26-24 Code Section 46-7-34, relating to the effect of certificates
26-25 for motor common carriers granted under prior laws, which
26-26 reads as follows:
26-27 "46-7-34. (Index)
26-28 All certificates of public convenience and necessity
26-29 granted under the 'Motor Carrier Act of 1929' or under
26-30 Article 2 of this chapter, the 'Motor Carrier Act of
26-31 1931,' shall continue in force and effect until revoked by
26-32 the commission or surrendered by the holders.",
26-33 and inserting in lieu thereof a new Code Section 46-7-34 to
26-34 read as follows:
26-35 "46-7-34. (Index)
26-36 (a) All certificates of public convenience and necessity
26-37 to operate as a motor common carrier or motor contract
26-38 carrier of passengers or household goods issued prior to
26-39 January 1, 1995, shall continue in full force and effect
26-40 until revoked by the commission or surrendered by the
26-41 holder thereof.
-26- (Index)
LC 10 1265S
27- 1 (b) All certificates of public convenience and necessity
27- 2 authorizing transportation of property, except household
27- 3 goods, and all registration permits for intrastate exempt
27- 4 commodity transportation that were in effect on December
27- 5 31, 1994, shall be deemed null and void as of midnight
27- 6 December 31, 1994, and revoked by operation of law
27- 7 effective January 1, 1995. Persons holding certificates
27- 8 of public convenience and necessity authorizing
27- 9 transportation of property, except household goods, and
27-10 persons holding registration permits for intrastate
27-11 commodity transportation that were in good standing and in
27-12 full compliance with the laws of Georgia and the rules and
27-13 regulations of the commission on December 31, 1994, may
27-14 continue to operate as motor carriers of property pending
27-15 issuance of a motor carrier of property permit pursuant to
27-16 Code Section 46-7-101, provided said carriers continue to
27-17 comply with the laws of Georgia and the rules and
27-18 regulations of the commission regarding insurance,
27-19 registration of vehicles, and safety, including the
27-20 transportation and handling of hazardous materials.
27-21 (c) All persons holding certificates of public convenience
27-22 and necessity authorizing transportation of property,
27-23 except household goods, and all persons holding
27-24 registration permits for intrastate exempt commodity
27-25 transportation issued prior to January 1, 1995, who desire
27-26 to continue to operate in Georgia as motor carriers of
27-27 property shall make application to the commission for a
27-28 motor carrier of property permit pursuant to the
27-29 provisions of Code Section 46-7-101. The application
27-30 shall be filed on or before July 15, 1995, on a form
27-31 supplied by the commission. The commission shall issue a
27-32 motor carrier of property permit if the application is
27-33 complete and the applicant demonstrates compliance with
27-34 the laws of Georgia and the rules and regulations of the
27-35 commission regarding insurance and safety, including the
27-36 transportation and handling of hazardous materials. The
27-37 permit shall be issued without fee and shall authorize
27-38 operations through December 31, 1995. The permit shall
27-39 thereafter be renewed annually by filing a renewal
27-40 application on a form supplied by the commission and
27-41 paying a renewal fee of $50.00. The commission may
27-42 establish, by rule or order, staggered registration dates.
27-43 (d) Any person holding a certificate of public convenience
27-44 and necessity authorizing transportation of property
27-45 issued prior to January 1, 1995, and any person holding a
-27- (Index)
LC 10 1265S
28- 1 registration permit for intrastate exempt commodity
28- 2 transportation issued prior to January 1, 1995, who does
28- 3 not apply for a motor carrier of property permit on or
28- 4 before July 15, 1995, shall be deemed to have surrendered
28- 5 all rights to operate as a motor carrier for hire in this
28- 6 state and may not operate any motor vehicle as a motor
28- 7 carrier on or over any public highway of this state
28- 8 without first securing a motor carrier of property permit
28- 9 from the commission upon application and payment of the
28-10 required application fee."
SECTION 14.
28-11 Said title is further amended by striking in its entirety
28-12 Code Section 46-7-36, relating to applicability of certain
28-13 laws pertaining to motor common carriers to carriers engaged
28-14 in both interstate and intrastate commerce, and inserting in
28-15 lieu thereof a new Code Section 46-7-36 to read as follows:
28-16 "46-7-36. (Index)
28-17 In circumstances where a motor common carrier is engaged
28-18 in both interstate and intrastate commerce, it shall
28-19 nevertheless be subject to all the provisions of this
28-20 article so far as it separately relates to commerce
28-21 carried on exclusively in this state. It is not intended
28-22 that the Georgia Public Service Commission shall have the
28-23 power of regulating the interstate commerce of such motor
28-24 common carrier, except to the extent expressly authorized
28-25 by this article as to such commerce. Code Sections
28-26 46-7-14, and 46-7-18 through 46-7-21 46-7-20, and 46-7-23
28-27 do not apply to purely interstate commerce nor to carriers
28-28 exclusively engaged in interstate commerce. When a motor
28-29 common carrier is engaged in both intrastate and
28-30 interstate commerce, it shall be subject to all the
28-31 provisions of this article so far as they separately
28-32 relate to commerce carried on in this state."
SECTION 15.
28-33 Said title is further amended by striking in its entirety
28-34 Code Section 46-7-53, relating to certificate of public
28-35 convenience and necessity requirement for motor contract
28-36 carriers generally, and inserting in lieu thereof a new Code
28-37 Section 46-7-53 to read as follows:
28-38 "46-7-53. (Index)
28-39 (a) No motor contract carrier of passengers or household
28-40 goods shall operate without first obtaining from the
-28- (Index)
LC 10 1265S
29- 1 commission, after a hearing under this article, a
29- 2 certificate of public convenience and necessity, pursuant
29- 3 to findings to the effect that the public interest
29- 4 requires such operation.
29- 5 (b) The commission may issue the certificate applied for
29- 6 or issue it for the partial exercise of the privilege
29- 7 sought, and may attach to the exercise of the rights
29- 8 granted by such certificate such terms and conditions as,
29- 9 in the judgment of the commission, the public interest may
29-10 require.
29-11 (c) The commission may at any time, after notice and
29-12 opportunity to be heard, suspend, revoke, alter, or amend
29-13 any certificate issued under this article, if it shall be
29-14 made to appear that the holder of the certificate has
29-15 willfully violated or refused to observe any of the
29-16 orders, rules, or regulations prescribed by the
29-17 commission, any provision of this article, or any other
29-18 law of this state regulating or taxing motor vehicles, or
29-19 if, in the opinion of the commission, the holder of such
29-20 certificate is not furnishing adequate service, or if it
29-21 is no longer compatible with the public interest to
29-22 continue the certificate in force, or if the continuance
29-23 of the certificate is not in conformity with the spirit
29-24 and purpose of this article.
29-25 (d) Any such certificate may be transferred or
29-26 hypothecated upon application to and approval by the
29-27 commission, and not otherwise, provided that no transfer
29-28 under this article shall be permitted so as to destroy
29-29 competition or create monopoly.
29-30 (e) Nothing in this article is to be construed as
29-31 requiring a private carrier to become a common carrier.
29-32 (f) The commission shall issue a certificate of public
29-33 convenience and necessity to a person authorizing
29-34 transportation as a motor contract carrier of passengers
29-35 or household goods subject to the jurisdiction of the
29-36 commission if it finds that:
29-37 (1) The person is fit, willing, and able to provide the
29-38 transportation to be authorized by the certificate and
29-39 to comply with regulations of the commission. Fitness
29-40 encompasses three factors:
29-41 (A) The applicant's financial ability to perform the
29-42 service it seeks to provide;
-29- (Index)
LC 10 1265S
30- 1 (B) The applicant's capability and willingness to
30- 2 perform properly and safely the proposed service; and
30- 3 (C) The applicant's willingness to comply with the
30- 4 laws of Georgia and the rules and regulations of the
30- 5 commission; and
30- 6 (2) Based on evidence presented by the applicant
30- 7 supporting the issuance of the certificate, that the
30- 8 service proposed will serve a useful public purpose and
30- 9 be responsive to a public demand or need.
30-10 (g) The initial burden of making out a prima-facie case
30-11 that an applicant's service is needed and that the
30-12 applicant is fit to provide such service rests with the
30-13 applicant.
30-14 (h) Upon an applicant making out a prima-facie case as to
30-15 the need for the service and the carrier's ability to
30-16 provide the service, the burden shifts to protestant to
30-17 show that the authority sought would not be consistent
30-18 with the public convenience and necessity.
30-19 (i) The commission shall not consider diversion of revenue
30-20 or traffic from an existing motor carrier to be grounds
30-21 for denial of an application.
30-22 (j) A protest of a motor carrier of property or of
30-23 passengers or household goods to an application will not
30-24 be considered unless the protesting carrier:
30-25 (1) Possesses authority from the commission to handle,
30-26 in whole or in part, the commodity for which authority
30-27 is applied and is willing and able to provide service
30-28 that meets the reasonable needs of the shippers involved
30-29 and has performed service within the scope of the
30-30 application during the previous 12 month period or has
30-31 actively in good faith solicited service within the
30-32 scope of application during such period; or
30-33 (2) Has pending before the commission an application
30-34 filed with the commission for substantially the same
30-35 authority; or
30-36 (3) Is granted by the commission leave to intervene upon
30-37 a showing of other interests which in the discretion of
30-38 the commission would warrant such a grant.
30-39 (k) The commission may issue a certificate of public
30-40 convenience and necessity without a hearing if the
30-41 application is unprotested or unopposed."
-30- (Index)
LC 10 1265S
SECTION 16.
31- 1 Said title is further amended by striking in its entirety
31- 2 Code Section 46-7-56, relating to hearing on application for
31- 3 certificate of public convenience and necessity with respect
31- 4 to motor contract carriers, and inserting in lieu thereof a
31- 5 new Code Section 46-7-56 to read as follows:
31- 6 "46-7-56. (Index)
31- 7 The commission, upon the filing of a petition for a
31- 8 certificate of public convenience and necessity, shall fix
31- 9 a time and place for a hearing thereon and shall, at least
31-10 ten days before the hearing, give notice thereof by
31-11 advertising the same at the expense of the applicant in
31-12 the newspaper in Fulton County in which sheriffs' notices
31-13 are published. The commission shall cause a copy of the
31-14 petition and notice of the hearing to be served, at least
31-15 ten days before the hearing, upon every carrier of
31-16 passengers or property for hire, including railroads,
31-17 operating and rendering service in the territory proposed
31-18 to be served by the petitioner or applicant for a
31-19 certificate of convenience and necessity to operate in the
31-20 same territory, and upon the State Transportation Board.
31-21 If no protest to an application for a certificate is filed
31-22 with the commission, or if the protest is subsequently
31-23 withdrawn, the commission may issue the certificate
31-24 without a hearing."
SECTION 17.
31-25 Said title is further amended by adding at the end of Code
31-26 Section 46-7-58, relating to the requirement as to obtaining
31-27 security bond or indemnity insurance before issuance of a
31-28 certificate to operate as a motor contract carrier, a new
31-29 subsection (f) to read as follows:
31-30 "(f) The form and manner of such bond or policy of
31-31 insurance as provided in this Code section shall be as set
31-32 forth in rules promulgated by the commission."
SECTION 18.
31-33 Said title is further amended by adding between Code
31-34 Sections 46-7-58 and 46-7-59 a new Code Section 46-7-58.1 to
31-35 read as follows:
31-36 "46-7-58.1. (Index)
31-37 Notwithstanding any other provision of law to the
31-38 contrary, in order to authorize the provision of passenger
-31- (Index)
LC 10 1265S
32- 1 or household goods service for which there is an immediate
32- 2 and urgent need to a point or points or within a territory
32- 3 with respect to which there is no satisfactory motor
32- 4 contract carrier service capable of meeting such need,
32- 5 upon receipt of an application for temporary emergency
32- 6 authority and upon payment of the appropriate fee as fixed
32- 7 by law, the commission, under the authority of this Code
32- 8 section, may, in its discretion and without a hearing or
32- 9 other prior proceeding, grant to any person temporary
32-10 motor contract carrier authority to provide such service.
32-11 The order granting such authority shall contain the
32-12 commission's findings supporting its determination under
32-13 the authority of this Code section that there is an unmet
32-14 immediate and urgent need for such service and shall
32-15 contain such conditions as the commission finds necessary
32-16 with respect to such authority. Unless otherwise provided
32-17 in this Code section, such temporary emergency motor
32-18 contract carrier authority, unless suspended or revoked
32-19 for good cause within such period, shall be valid for such
32-20 time as the commission shall specify but not for more than
32-21 an aggregate of 30 days. Such authority shall in no case
32-22 be renewed and shall create no presumption that
32-23 corresponding permanent authority will be granted
32-24 thereafter, except that, where a motor contract carrier
32-25 granted temporary emergency motor contract carrier
32-26 authority under the provisions of this Code section makes
32-27 application during the period of said temporary emergency
32-28 authority for permanent motor contract carrier authority
32-29 corresponding to that authorized in its temporary
32-30 authority, the temporary emergency motor contract carrier
32-31 authority will be extended to the finalization of the
32-32 permanent authority application unless sooner suspended or
32-33 revoked for good cause within the extended period."
SECTION 19.
32-34 Said title is further amended by striking in its entirety
32-35 Code Section 46-7-60, relating to registration permit of
32-36 vehicle engaged in exempt commodity intrastate commerce, and
32-37 inserting in lieu thereof a new Code Section 46-7-60 to read
32-38 as follows:
32-39 "46-7-60. (Index)
32-40 (a) Except as otherwise provided in this Code section,
32-41 before any motor contract carrier engaged in exempt
32-42 commodity passenger intrastate commerce as provided for in
32-43 subparagraph (C) of paragraph (7) (12) of Code Section
-32- (Index)
LC 10 1265S
33- 1 46-1-1 shall operate any motor vehicle on or over any
33- 2 public highway of this state, it shall first secure a
33- 3 registration permit from the commission by making
33- 4 application therefor on forms supplied by the commission
33- 5 and paying a $25.00 filing fee. The application shall show
33- 6 the commodities or operations claimed to be exempt. A
33- 7 carrier's registration permit shall be valid so long as
33- 8 there is no change in its operating authority but may be
33- 9 amended to reflect any changes by application to the
33-10 commission on a form provided by the commission and
33-11 payment of a $5.00 filing fee.
33-12 (b) Every motor contract carrier operating pursuant to a
33-13 certificate or permit shall annually on or before the
33-14 thirty-first day of December of each calendar year, but
33-15 not earlier than the preceding first day of October or, as
33-16 to a vehicle put into use during the course of the year,
33-17 before the vehicle is put into use, make application to
33-18 the commission for the issuance of an annual
33-19 identification and registration stamp or stamps, make
33-20 application for the registration of all motor vehicles to
33-21 be operated under such certificate or permit, in such
33-22 manner and form as the commission may by rule or
33-23 regulation prescribe, and shall pay to the commission a
33-24 fee of $5.00 for the registration of each vehicle and
33-25 issuance of identification and registration stamp to
33-26 operate same. Each annual identification and registration
33-27 stamp shall be valid for a period of 16 months extending
33-28 from the first day of October of any year through the
33-29 thirty-first day of January of the next succeeding year.
33-30 (c) Motor carriers operating pursuant to a certificate or
33-31 permit as provided for in this article may, in lieu of
33-32 other vehicle registration provisions contained in this
33-33 Code section, register vehicles operated as an emergency,
33-34 temporary, or trip-lease vehicle for a period not
33-35 exceeding 15 days by payment to the commission of a fee of
33-36 $8.00 for each vehicle so registered. Upon such
33-37 registration, the commission shall issue an emergency,
33-38 temporary, or trip-lease vehicle registration permit.
33-39 (d) Whenever any motor vehicle is operated on or over any
33-40 public highway of this state without the motor contract
33-41 carrier operating such vehicle first having obtained such
33-42 annual registration and license or temporary vehicle
33-43 registration permit as provided in subsections (a), (b),
33-44 and (c) of this Code section, the motor contract carrier
-33- (Index)
LC 10 1265S
34- 1 operating such vehicle shall be required to pay a fee of
34- 2 $25.00 for the late registration of such vehicle."
SECTION 20.
34- 3 Said title is further amended by striking in its entirety
34- 4 Code Section 46-7-61, relating to requirements as to
34- 5 registration and insurance for motor contract carriers
34- 6 engaged in interstate commerce, and inserting in lieu
34- 7 thereof a new Code Section 46-7-61 to read as follows:
34- 8 "46-7-61. (Index)
34- 9 (a) Before Except as otherwise provided in this Code
34-10 section, before any motor contract carrier engaged solely
34-11 in interstate commerce under authority issued by the
34-12 Interstate Commerce Commission or any successor agency
34-13 shall operate any motor vehicle on or over any public
34-14 highway of this state, it shall first: obtain from the
34-15 commission or from the carrier's designated base state a
34-16 registration receipt issued pursuant to rules adopted by
34-17 the Interstate Commerce Commission or any successor agency
34-18 as determined by federal law.
34-19 (b) Before any motor carrier engaged solely in interstate
34-20 operations exempt from regulation by the Interstate
34-21 Commerce Commission shall operate any motor vehicle on or
34-22 over any public highway of this state, it shall first:
34-23 (1) Secure a registration permit from the Georgia Public
34-24 Service Commission by making application therefor on
34-25 forms supplied by the commission and paying a $25.00
34-26 filing fee. Applications for registration shall show
34-27 every certificate or permit of authority issued to the
34-28 applicant by the Interstate Commerce Commission with
34-29 regard to the applicant's interstate operations in this
34-30 state; or, in the case of interstate motor contract
34-31 carriers exempt from regulation by the Interstate
34-32 Commerce Commission, the application shall show the
34-33 commodities or operations claimed to be exempt and the
34-34 routes or area over which such carriers shall operate in
34-35 this state. A carrier's registration shall be valid so
34-36 long as there is no change in its operating authority
34-37 with regard to its operations in this state, but the
34-38 registration may be amended to reflect such changes by
34-39 application to the commission on forms supplied by the
34-40 commission and payment of a $5.00 filing fee;
-34- (Index)
LC 10 1265S
35- 1 (2) Annually on or before the thirty-first day of
35- 2 December of each calendar year, but not earlier than the
35- 3 preceding first day of October or, as to a vehicle put
35- 4 into use during the course of the year, before the
35- 5 vehicle is put into use, make application to the
35- 6 commission for the issuance of an annual identification
35- 7 and registration stamp or stamps, make application for
35- 8 the registration of all motor vehicles to be operated
35- 9 under such permit, in such manner and form as the
35-10 commission may by rule or regulation prescribe, and
35-11 shall pay to the commission a fee of $5.00 for the
35-12 registration of each vehicle and issuance of
35-13 identification and registration stamp to operate same.
35-14 Each annual identification and registration stamp shall
35-15 be valid for a period of 16 months extending from the
35-16 first day of October of any year through the
35-17 thirty-first day of January of the next succeeding year.
35-18 Notwithstanding any other provision of this Code
35-19 section, the Georgia Public Service Commission is
35-20 authorized to impose a vehicle identification and
35-21 registration fee equal to the identification and
35-22 registration fee charged by any other state, up to a
35-23 maximum of $25.00, upon vehicles licensed in that state
35-24 if such state charges equipment licensed in Georgia a
35-25 vehicle identification and registration fee in excess of
35-26 $5.00; and
35-27 (3) Give the bond or indemnity insurance prescribed by
35-28 this article, omitting the protection in respect to
35-29 their own passengers and cargoes.
35-30 (b)(c) Motor contract carriers operating pursuant to a
35-31 registration permit as provided for in this Code section
35-32 may, in lieu of all other vehicle registration and
35-33 identification provisions contained in subsection (a) (b)
35-34 of this Code section, register vehicles operated in
35-35 Georgia as an emergency, temporary, or trip-lease vehicle
35-36 for a period not exceeding 15 days by payment to the
35-37 commission of a fee of $8.00 for each vehicle so
35-38 registered; and, upon such payment, the commission shall
35-39 issue an emergency, temporary, or trip-lease vehicle
35-40 registration permit.
35-41 (c)(d) Where a carrier has not previously qualified with
35-42 the commission to operate in interstate exempt or
35-43 intrastate commerce in Georgia pursuant to this Code
35-44 section and then has not secured a registration permit
-35- (Index)
LC 10 1265S
36- 1 pursuant to this Code section, the emergency, temporary,
36- 2 or trip-lease vehicle registration permit provided for in
36- 3 subsection (b) (c) of this Code section will also include
36- 4 the authority to operate in Georgia during the 15 day or
36- 5 less period covered by the emergency, temporary, or
36- 6 trip-lease vehicle registration permit, provided that the
36- 7 carrier has otherwise qualified its operations with the
36- 8 commission as provided for in this Code section; provided,
36- 9 however, that whenever any motor vehicle is operated on or
36-10 over any public highway of this state without the motor
36-11 contract carrier operating such vehicle first having
36-12 obtained the annual registration and identification stamp
36-13 or license or the emergency, temporary, or trip-lease
36-14 vehicle registration permit provided for in this Code
36-15 section, the motor contract carrier operating such vehicle
36-16 shall be required to pay a fee of $25.00 for the late
36-17 registration and identification of such vehicle.
36-18 (d)(e) Nothing in this Code section shall limit the
36-19 authority of the Georgia Public Service Commission to
36-20 negotiate reciprocal agreements relating to vehicle
36-21 identification and registration fees in excess of those
36-22 provided for under Title 49 USC, Section 302(b)(2), as
36-23 provided in Code Section 46-7-91.
36-24 (e)(f) It shall not be necessary for any motor contract
36-25 carrier to obtain a certificate of public convenience from
36-26 the Georgia Public Service Commission when such carrier is
36-27 engaged solely in interstate commerce over the public
36-28 highways of this state."
SECTION 21.
36-29 Said title is further amended by striking in its entirety
36-30 Code Section 46-7-63, relating to authority of the Public
36-31 Service Commission to prescribe reasonable rates, fares, and
36-32 charges for motor contract carriers, and inserting in lieu
36-33 thereof a new Code Section 46-7-63 to read as follows:
36-34 "46-7-63. (Index)
36-35 (a) The commission shall prescribe just and reasonable
36-36 rates, fares, and charges for transportation by motor
36-37 contract carriers of passengers, baggage, and property
36-38 household goods and for all services rendered by motor
36-39 contract carriers in connection therewith. The tariffs
36-40 therefor shall be in such form and shall be filed and
36-41 published in such manner and on such notice as the
36-42 commission may prescribe. Such tariffs shall also be
-36- (Index)
LC 10 1265S
37- 1 subject to change on such notice and in such manner as the
37- 2 commission may prescribe. In order to carry out the
37- 3 purposes of this Code section, including the publication
37- 4 and maintenance of just, reasonable, and nondiscriminatory
37- 5 rates and charges, the commission shall establish a
37- 6 collective rate-making procedure for all carriers of
37- 7 passengers and household goods. No motor contract carrier
37- 8 shall contract to carry at a greater or lesser rate than
37- 9 prescribed by the commission, and all such contracts are
37-10 declared unlawful. Copies of all contracts of motor
37-11 contract carriers with their patrons shall be filed with
37-12 the commission Failure on the part of any motor carrier to
37-13 comply with this Code section or the rules and regulations
37-14 promulgated under this Code section may result in the
37-15 suspension or cancellation of said carrier's operating
37-16 authority by the commission. (b) In order to carry out the purposes of this Code
37-18 section, including the publication and maintenance of
37-19 just, reasonable, and nondiscriminatory rates and charges,
37-20 the commission shall establish a collective rate-making
37-21 procedure for all transportation for which it has
37-22 heretofore prescribed rates. Failure on the part of any
37-23 motor contract carrier to comply with this Code section or
37-24 the rules and regulations promulgated under this Code
37-25 section may result in suspension or cancellation of said
37-26 carrier's operating authority by the commission."
SECTION 22.
37-27 Said title is further amended by striking and repealing in
37-28 its entirety Code Section 46-7-65, relating to the carrying
37-29 of mail, parcels, and packages, which reads as follows:
37-30 "46-7-65. (Index)
37-31 Motor contract carriers may, as an incident to their
37-32 business, carry mail, parcels, and packages under such
37-33 rules and regulations as may be prescribed by the
37-34 commission.",
37-35 and inserting in lieu thereof the following:
37-36 "46-7-65. (Index)
37-37 Reserved."
SECTION 23.
37-38 Said title is further amended by striking and repealing in
37-39 its entirety Code Section 46-7-67, relating to railroad
-37- (Index)
LC 10 1265S
38- 1 companies as motor contract carriers, which reads as
38- 2 follows:
38- 3 "46-7-67. (Index)
38- 4 Railroad companies operating in this state are authorized
38- 5 to operate motor vehicles for hire upon public highways in
38- 6 this state, provided that they obtain from the commission
38- 7 a certificate under this article. As to such motor
38- 8 vehicles, such railroad companies shall be considered
38- 9 motor contract carriers under this article and shall be
38-10 subject to all of the provisions of this article. Railroad
38-11 companies operating in this state are also authorized to
38-12 own the whole or any part of the capital stock of a
38-13 corporation or corporations organized or operating as a
38-14 motor contract carrier. No railroad company, and no
38-15 company whose stock is owned by a railroad company, shall
38-16 be granted a certificate of public convenience and
38-17 necessity under this article without such proof as would
38-18 be required by an independent motor contract carrier.",
38-19 and inserting in lieu thereof the following:
38-20 "46-7-67. (Index)
38-21 Reserved."
SECTION 24.
38-22 Said title is further amended by striking in its entirety
38-23 Code Section 46-7-68, relating to the authority of the
38-24 Public Service Commission to promulgate rules for safety for
38-25 motor contract carriers, and inserting in lieu thereof a new
38-26 Code Section 46-7-68 to read as follows:
38-27 "46-7-68. (Index)
38-28 The commission shall have the authority to promulgate
38-29 rules designed to promote safety, and any and regulations
38-30 for the safe operation of motor vehicles and drivers and
38-31 the safe transportation of hazardous materials. Any such
38-32 safety rules and regulations promulgated or deemed
38-33 necessary by the commission shall include the following:
38-34 (1) Every motor unit vehicle and all parts thereof shall
38-35 be maintained in a safe condition at all times; and the
38-36 lights, brakes, and equipment shall meet such safety
38-37 requirements as the commission shall from time to time
38-38 promulgate;
-38- (Index)
LC 10 1265S
39- 1 (2) Every driver employed by to operate a motor vehicle
39- 2 for a motor contract carrier shall be at least 18 years
39- 3 of age, of temperate habits and good moral character,
39- 4 possess a valid driver's license, not use or possess
39- 5 prohibited drugs or alcohol while on duty, and shall be
39- 6 fully competent to operate the motor vehicle under his
39- 7 or her charge;
39- 8 (3) Accidents arising from or in connection with the
39- 9 operation of the motor contract carriers shall be
39-10 reported to the commission in such detail and in such
39-11 manner as the commission may require; and
39-12 (4) The commission shall require every motor contract
39-13 carrier to have attached to each unit or vehicle such
39-14 distinctive markings or tags as shall be adopted by the
39-15 commission."
SECTION 25.
39-16 Said title is further amended by striking in its entirety
39-17 Code Section 46-7-70, relating to employment and
39-18 compensation of enforcement personnel, and inserting in lieu
39-19 thereof a new Code Section 46-7-70 to read as follows:
39-20 "46-7-70. (Index)
39-21 (a) The commission is authorized to employ such persons as
39-22 may be necessary, in the discretion of the commission, for
39-23 the proper enforcement of this article, the salaries of
39-24 such employees to be fixed by the commission.
39-25 (b) The traveling expenses of the commission and its
39-26 employees incurred in the performance of this article
39-27 shall be paid out of the funds derived under this article.
39-28 (c) The commission is vested with police powers and
39-29 authority to designate, deputize, and delegate to
39-30 employees of the commission the necessary authority to
39-31 enforce this article, including the power to stop and
39-32 inspect all motor vehicles using the public highways and
39-33 determine whether such vehicles have complied and are
39-34 complying with this article and all other laws regulating
39-35 the use of the public highways by motor vehicle contract
39-36 carriers, and to arrest all persons found in violation of
39-37 this article. In addition and incidental to the powers of
39-38 enforcement personnel to inspect motor vehicles and to
39-39 determine whether such vehicles are complying with laws
39-40 relating to the use of the public highways by motor
39-41 contract carriers, such enforcement personnel shall have
-39- (Index)
LC 10 1265S
40- 1 the responsibility and power to arrest any person who is
40- 2 committing an unlawful act in violation of Article 2 of
40- 3 Chapter 13 of Title 16, the 'Georgia Controlled Substances
40- 4 Act,' or Article 3 of Chapter 13 of Title 16, the
40- 5 'Dangerous Drug Act.'"
SECTION 26.
40- 6 Said title is further amended by striking in its entirety
40- 7 Code Section 46-7-76, relating to applicability of certain
40- 8 laws pertaining to motor contract carriers to carriers
40- 9 engaged in both interstate and intrastate commerce, and
40-10 inserting in lieu thereof a new Code Section 46-7-76 to read
40-11 as follows:
40-12 "46-7-76. (Index)
40-13 In circumstances where a motor contract carrier is engaged
40-14 in both interstate and intrastate commerce, it shall
40-15 nevertheless be subject to this article so far as it
40-16 separately relates to commerce carried on exclusively in
40-17 this state. It is not intended that the Georgia Public
40-18 Service Commission shall have the power of regulating the
40-19 interstate commerce of such motor carrier, except to the
40-20 extent expressly authorized by this article as to such
40-21 commerce. Code Sections 46-7-59, and 46-7-63, 46-7-64, and
40-22 through 46-7-66 do not apply to purely interstate commerce
40-23 nor to carriers exclusively engaged in interstate
40-24 commerce. When a motor carrier is engaged in both
40-25 intrastate and interstate commerce, it shall be subject to
40-26 all the provisions of this article so far as they
40-27 separately relate to commerce carried on in this state."
SECTION 27.
40-28 Said title is further amended by striking in its entirety
40-29 Article 5 of Chapter 7, relating to motor vehicle safety
40-30 inspections, which reads as follows:
"ARTICLE 5
40-31 46-7-100. (Index)
40-32 (a) Any motor common carrier or motor contract carrier
40-33 operating in intrastate or interstate commerce in this
40-34 state under authority granted by the commission or the
40-35 Interstate Commerce Commission may obtain a motor vehicle
40-36 safety inspection of any of its vehicles domiciled in
40-37 Georgia upon written request to the commission and upon
-40- (Index)
LC 10 1265S
41- 1 payment of a $5.00 inspection fee per vehicle for which a
41- 2 safety inspection is performed.
41- 3 (b) The commission will arrange for inspection of any
41- 4 vehicle as expeditiously as possible. Inspections will be
41- 5 performed at a place or places and at times mutually
41- 6 agreed upon by the motor common carrier or motor contract
41- 7 carrier and the commission.
41- 8 (c) Upon completion of the vehicle safety inspection by
41- 9 the commission personnel or, in the case of deficiencies,
41-10 upon completion of repairs of all deficiencies found
41-11 during the inspection and noted on the inspection report,
41-12 the commission shall issue to the motor common carrier or
41-13 motor contract carrier a decal certifying that the vehicle
41-14 was inspected by the commission and meets the motor
41-15 carrier vehicle safety regulations of the commission.
41-16 (d) Each decal issued shall be valid for 12 months and
41-17 shall contain an expiration date.
41-18 46-7-101. (Index)
41-19 (a) Any private carrier operating in this state may obtain
41-20 a motor vehicle safety inspection of any of its vehicles
41-21 domiciled in Georgia upon written request to the
41-22 commission and upon payment of a $5.00 inspection fee per
41-23 vehicle for which a safety inspection is performed.
41-24 (b) The commission will arrange for inspection of any
41-25 vehicle as expeditiously as possible. Inspections will be
41-26 performed at a place or places and at times mutually
41-27 agreed upon by the private carrier and the commission. In
41-28 addition and incidental to the powers of enforcement
41-29 personnel to inspect such motor vehicles of private
41-30 carriers and to determine whether such vehicles are
41-31 complying with safety requirements, such enforcement
41-32 personnel shall have the responsibility and power to
41-33 arrest any person who is committing an unlawful act in
41-34 violation of Article 2 of Chapter 13 of Title 16, the
41-35 'Georgia Controlled Substances Act,' or Article 3 of
41-36 Chapter 13 of Title 16, the 'Dangerous Drug Act.'
41-37 (c) Upon completion of the vehicle safety inspection by
41-38 the commission personnel or, in the case of deficiencies,
41-39 upon completion of repairs of all deficiencies found
41-40 during the inspection and noted on the inspection report,
41-41 the commission shall issue to the private carrier a decal
41-42 certifying that the vehicle was inspected by the
-41- (Index)
LC 10 1265S
42- 1 commission and meets the same vehicle safety regulations
42- 2 required by the commission for motor common carriers or
42- 3 motor contract carriers.
42- 4 (d) Each decal issued shall be valid for 12 months and
42- 5 shall contain an expiration date.",
42- 6 and inserting in lieu thereof a new Article 5 to read as
42- 7 follows:
"ARTICLE 5
42- 8 46-7-100. (Index)
42- 9 The commission is vested with the power to regulate the
42-10 business of any person engaged in transportation as a
42-11 motor carrier of property on any public highway to the
42-12 extent allowed by state and federal law.
42-13 46-7-101. (Index)
42-14 (a) Before any motor carrier of property shall operate any
42-15 motor vehicle on or over any public highway of this state,
42-16 it shall first secure a motor carrier of property permit
42-17 from the commission by making application therefor on
42-18 forms supplied by the commission and paying the required
42-19 filing fee. The application shall be in writing and under
42-20 oath and shall include such information as the commission
42-21 may require including, but not limited to:
42-22 (1) Whether or not hazardous commodities will be
42-23 transported;
42-24 (2) The number and type of vehicles to be utilized;
42-25 (3) The carrier's safety record and safety rating; and
42-26 (4) Proof of compliance with applicable insurance or
42-27 self-insurance requirements.
42-28 Each motor carrier of property permit shall be issued for
42-29 12 months and shall be renewed annually by filing an
42-30 application for renewal on forms supplied by the
42-31 commission.
42-32 (b) The commission shall issue an annual motor carrier of
42-33 property permit if the application is complete and the
42-34 applicant demonstrates compliance with the laws of this
42-35 state and the rules and regulations of the commission
42-36 regarding insurance and safety, including, if applicable,
42-37 the handling of hazardous materials. The commission may
42-38 establish, by rule or order, staggered registration dates.
-42- (Index)
LC 10 1265S
43- 1 The commission may refuse to issue a permit and shall
43- 2 issue a notice stating such denial where the applicant has
43- 3 failed to show compliance with the applicable laws of this
43- 4 state and the rules and regulations of the commission. In
43- 5 such instance, the applicant shall, upon request made
43- 6 within 30 days of the date of notice of denial, be
43- 7 entitled to a hearing to contest such denial.
43- 8 (c) The commission may, at any time after notice and the
43- 9 opportunity to be heard, suspend, revoke, alter, or amend
43-10 any permit issued under this article if it shall appear
43-11 that the holder of the permit has violated or refused to
43-12 observe any of the lawful and reasonable orders, rules, or
43-13 regulations prescribed by the commission, any of the
43-14 applicable provisions of this title, or any other law of
43-15 this state regulating or taxing motor vehicles.
43-16 46-7-102. (Index)
43-17 Before any motor carrier of property engaged in interstate
43-18 commerce under authority issued by the Interstate Commerce
43-19 Commission or any successor agency shall operate a motor
43-20 vehicle on or over any public highway of this state, it
43-21 shall obtain from the state designated as its base state a
43-22 registration receipt issued pursuant to rules adopted by
43-23 the Interstate Commerce Commission or any successor agency
43-24 as determined by federal law.
43-25 46-7-103. (Index)
43-26 The commission shall collect a fee of $50.00 to accompany
43-27 each application for a motor carrier of property permit.
43-28 46-7-104. (Index)
43-29 In all respects in which the commission has power and
43-30 authority under this article, proceedings may be
43-31 instituted, complaints made and filed, process issued,
43-32 hearings held, and opinions, orders, and decisions made
43-33 and filed with the commission. Any final order of the
43-34 commission may be reviewed by any court of competent
43-35 jurisdiction of this state under the conditions and
43-36 subject to the limitations prescribed by law which relate
43-37 to the commission.
43-38 46-7-105. (Index)
43-39 When an application for a motor carrier of property permit
43-40 has been in whole or in part denied by the commission, the
43-41 applicant may at any time submit a new application
-43- (Index)
LC 10 1265S
44- 1 accompanied by the required filing fee and correcting the
44- 2 deficiencies on which the denial was based.
44- 3 46-7-106. (Index)
44- 4 (a) No motor carrier of property permit shall be issued or
44- 5 continued in operation unless the applicant or holder
44- 6 shall give and maintain a bond with adequate security for
44- 7 the protection of the public against injury proximately
44- 8 caused by the negligence of such motor carrier of
44- 9 property, its servants, or its agents.
44-10 (b) The commission shall approve, determine, and fix the
44-11 amount of such bonds and shall prescribe the provisions
44-12 and limitations thereof; and such bonds shall be for the
44-13 benefit of and subject to action thereon by any person who
44-14 shall sustain actionable injury or loss protected thereby.
44-15 (c) The commission may, in its discretion, allow the
44-16 holder of such permit to file in lieu of such bond a
44-17 policy of indemnity insurance in some indemnity insurance
44-18 company authorized to do business in this state, which
44-19 policy must substantially conform to all of the provisions
44-20 of this article and the rules of the commission relating
44-21 to bonds. Such policy must also be approved by the
44-22 commission.
44-23 (d) The commission shall have the power to permit
44-24 self-insurance in lieu of a bond or policy of indemnity
44-25 insurance whenever in its opinion the financial ability of
44-26 the motor carrier so warrants.
44-27 (e) It shall be permissible under this article for any
44-28 person having a cause of action arising under this article
44-29 in tort or contract to join in the same action the motor
44-30 carrier of property and its surety in the event a bond is
44-31 given. If a policy of indemnity insurance is given in
44-32 lieu of bond, it shall be permissible to join the motor
44-33 carrier of property and the insurance carrier in the same
44-34 action whether such action arises in tort or contract.
44-35 (f) The form and manner of such bond or policy shall be as
44-36 set forth in rules promulgated by the commission.
44-37 46-7-107. (Index)
44-38 (a) Every motor carrier of property operating pursuant to
44-39 a motor carrier of property permit shall annually, on or
44-40 before December 31 of each calendar year but not earlier
44-41 than the preceding October 1 or, for a vehicle put into
-44- (Index)
LC 10 1265S
45- 1 use during the course of the year, before the vehicle is
45- 2 put into use, make application to the commission for the
45- 3 issuance of an annual identification and registration
45- 4 stamp or stamps, make application for the registration of
45- 5 all motor vehicles to be operated under such permit in
45- 6 such manner and form as the commission may by rule or
45- 7 regulation prescribe, and pay to the commission a fee of
45- 8 $5.00 for the registration of each vehicle and issuance of
45- 9 identification and registration stamp to operate such
45-10 vehicle. Each annual identification and registration
45-11 stamp shall be valid for a period of 16 months extending
45-12 from October 1 of any year through January 31 of the
45-13 succeeding year.
45-14 (b) Motor carriers of property operating pursuant to a
45-15 motor carrier of property permit may, in lieu of other
45-16 vehicle registration provisions contained in this Code
45-17 section, register a vehicle operated as an emergency,
45-18 temporary, or trip-lease vehicle for a period not
45-19 exceeding 15 days upon application and payment to the
45-20 commission of a fee of $8.00 for each vehicle. Upon such
45-21 application and payment, the commission shall issue an
45-22 emergency, temporary, or trip-lease vehicle registration.
45-23 (c) Whenever any motor vehicle is operated on or over any
45-24 public highway of this state without the motor carrier of
45-25 property operating such vehicle first having obtained the
45-26 annual registration and license or temporary vehicle
45-27 registration permit provided for in this Code section, the
45-28 motor carrier of property operating such vehicle shall be
45-29 required to pay a fee of $25.00 for the late registration
45-30 of such vehicle.
45-31 (d) When motor carriers of property are operating pursuant
45-32 to a permit as provided for in this article, no political
45-33 subdivision of this state including cities, townships, or
45-34 counties shall levy any excise, license, or occupation tax
45-35 of any nature on a motor carrier of property, the
45-36 equipment of a motor carrier of property, the right of a
45-37 motor carrier of property to operate such equipment, or
45-38 any incidents of the business of a motor carrier of
45-39 property.
45-40 46-7-108. (Index)
45-41 (a) Each nonresident motor carrier of property shall,
45-42 before any motor carrier of property permit is issued to
45-43 it, designate and maintain in this state an agent or
-45- (Index)
LC 10 1265S
46- 1 agents upon whom may be served all summonses or other
46- 2 lawful processes in any action or proceeding against such
46- 3 nonresident motor carrier of property growing out of its
46- 4 carrier operations, and service of process upon or
46- 5 acceptance or acknowledgment of such service by any such
46- 6 agent shall have the same legal force and validity as if
46- 7 duly served upon such nonresident carrier personally.
46- 8 Such designation shall be in writing, shall give the name
46- 9 and address of such agent or agents, and shall be filed in
46-10 the office of the commission. Upon failure of any
46-11 nonresident motor carrier of property to file such
46-12 designation with the commission or to maintain such an
46-13 agent in this state at the address given, such nonresident
46-14 motor carrier of property shall be conclusively deemed to
46-15 have designated the Secretary of State and his or her
46-16 successors in office as such agent; and service of process
46-17 upon or acceptance or acknowledgment of such service by
46-18 the Secretary of State shall have the same legal force and
46-19 validity as if duly served upon such nonresident carrier
46-20 personally, provided that notice of such service and a
46-21 copy of the process are immediately sent by registered or
46-22 certified mail by the Secretary of State or his or her
46-23 successor in office to such nonresident carrier, if its
46-24 address be known. Service of such process upon the
46-25 Secretary of State shall be made by delivering to his or
46-26 her office two copies of such process with a fee of
46-27 $10.00.
46-28 (b) Except in those cases where the Constitution of
46-29 Georgia requires otherwise, any action against any
46-30 resident or nonresident motor carrier of property for
46-31 damages by reason of any breach of duty, whether
46-32 contractual or otherwise, or for any violation of this
46-33 article or of any order, decision, rule, regulation,
46-34 direction, demand, or other requirement established by the
46-35 commission, may be brought in the county where the cause
46-36 of action or some part thereof arose; and if the motor
46-37 carrier of property or its agent shall not be found for
46-38 service in the county where the action is instituted, a
46-39 second original may be issued and service may be made in
46-40 any other county where the service can be made upon the
46-41 motor carrier of property or its agent. The venue
46-42 prescribed by this Code section shall be cumulative of any
46-43 other venue provided by law.
-46- (Index)
LC 10 1265S
47- 1 46-7-109. (Index)
47- 2 The commission shall prescribe for those holding motor
47- 3 carrier of property permits recordkeeping requirements
47- 4 with regard to safety and insurance, which records shall
47- 5 be preserved for such reasonable time as may be prescribed
47- 6 by the commission. The books and records of every permit
47- 7 holder shall be at all times open to inspection by the
47- 8 commission or any agent appointed by the commission for
47- 9 such purpose. The commission shall have the power to
47-10 examine the records of all motor carriers of property to
47-11 whom it has granted permits to operate under this article
47-12 and to examine under oath the officers and agents of any
47-13 motor carrier of property with respect thereto.
47-14 46-7-110. (Index)
47-15 Motor carriers of property shall observe the laws of this
47-16 state with respect to size, weight, and speed of their
47-17 vehicles.
47-18 46-7-111. (Index)
47-19 The commission shall have the authority to promulgate
47-20 rules and regulations for the safe operation of motor
47-21 vehicles and drivers and the safe transportation of
47-22 hazardous materials. Any such rules and regulations
47-23 promulgated or deemed necessary by the commission shall
47-24 include the following:
47-25 (1) Every motor vehicle and all parts thereof shall be
47-26 maintained in a safe condition at all times; and the
47-27 lights, brakes, and equipment shall meet such safety
47-28 requirements as the commission may from time to time
47-29 promulgate;
47-30 (2) Every driver employed to operate a motor carrier of
47-31 property shall be at least 18 years of age, of temperate
47-32 habits and good moral character, possess a valid
47-33 driver's license, not use or possess prohibited drugs or
47-34 alcohol while on duty, and shall be fully competent to
47-35 operate the motor vehicle under his or her charge;
47-36 (3) Accidents arising from or in connection with the
47-37 operation of a motor carrier of property shall be
47-38 reported to the commission in such detail and such
47-39 manner as the commission may require; and
47-40 (4) The commission shall require every motor carrier of
47-41 property to have attached to each unit or motor vehicle
-47- (Index)
LC 10 1265S
48- 1 such distinctive markings or tags as shall be adopted by
48- 2 the commission.
48- 3 46-7-112. (Index)
48- 4 The commission is authorized to adopt such rules and
48- 5 orders as it may deem necessary in the enforcement of this
48- 6 article. Such rules and orders as approved by the
48- 7 commission shall have the same dignity and standing as if
48- 8 such rules and orders were specifically provided in this
48- 9 article.
48-10 46-7-113. (Index)
48-11 (a) The commission is authorized to employ such persons as
48-12 may be necessary, in the discretion of the commission, for
48-13 the proper enforcement of this article, the salaries for
48-14 such employees to be fixed by the commission. The
48-15 traveling expenses of the commission and its employees
48-16 incurred in the implementation of this article shall be
48-17 paid out of the funds derived under this article.
48-18 (b) The commission is vested with police powers and
48-19 authority to designate, deputize, and delegate to
48-20 employees of the commission the necessary authority to
48-21 enforce this article, including the power to stop and
48-22 inspect all motor vehicles using the public highways for
48-23 purposes of determining whether vehicles have complied
48-24 with and are complying with the provision of this article
48-25 and all other laws regulating the use of the public
48-26 highways by motor carriers of property, and to arrest all
48-27 persons found in violation thereof. In addition and
48-28 incidental to the powers of enforcement personnel to
48-29 inspect motor vehicles and to determine whether such
48-30 vehicles are complying with laws relating to the use of
48-31 the public highways by motor carriers of property, such
48-32 enforcement personnel shall have the responsibility and
48-33 power to arrest any person who is committing an unlawful
48-34 act in violation of Article 2 of Chapter 13 of Title 16,
48-35 the 'Georgia Controlled Substances Act,' or Article 3 of
48-36 Chapter 13 of Title 16, the 'Dangerous Drug Act.'
48-37 46-7-114. (Index)
48-38 In any case pending before the commission pursuant to this
48-39 article, the commission shall be authorized to delegate
48-40 any of its authority under this article to designated
48-41 employees of the commission, and decisions of such
48-42 designated employees shall have the same effect as
-48- (Index)
LC 10 1265S
49- 1 decisions of the commission; provided, however, that any
49- 2 party to a proceeding who is aggrieved by a final decision
49- 3 of a designated employee of the commission shall have the
49- 4 right to appeal such decision, and any such appeal shall
49- 5 be considered by the commission. Any party who has
49- 6 appealed a final decision of a designated employee and has
49- 7 had such appeal determined by a designated employee
49- 8 instead of by the commission itself may further appeal
49- 9 such decision to the commission if a written appeal is
49-10 filed no later than the tenth day after the decision of
49-11 the designated employee, and the commission shall set the
49-12 date for the hearing of the appeal.
49-13 46-7-115. (Index)
49-14 The commission is authorized to enforce this article by
49-15 instituting actions for injunction, mandamus, or other
49-16 appropriate relief.
49-17 46-7-116. (Index)
49-18 Any motor carrier of property which operates on the public
49-19 highways of this state without the required motor carrier
49-20 of property permit, after such permit has been canceled,
49-21 without having registered its vehicle or vehicles as
49-22 provided for in this article, in any manner other than a
49-23 manner permitted by the terms of a permit issued by the
49-24 commission or the laws of this state, or any combination
49-25 thereof may be enjoined from operating on the public
49-26 highways of this state upon the bringing of a civil action
49-27 by the commission, by a competing motor carrier, or by any
49-28 individual.
49-29 46-7-117. (Index)
49-30 The possession of goods, wares, or merchandise loaded on a
49-31 motor vehicle consigned to any person, firm, or
49-32 corporation which is transported or was transported over
49-33 the public highways in this state without the authority of
49-34 a motor carrier of property permit for such transporting
49-35 issued by the commission under this article, shall be
49-36 prima-facie evidence that such transportation of such
49-37 goods, wares, or merchandise was an intentional violation
49-38 of the law regulating the transportation of persons and
49-39 property over the public highways in this state.
49-40 46-7-118. (Index)
49-41 Every officer, agent, or employee of any corporation and
49-42 every person who violates or fails to comply with this
-49- (Index)
LC 10 1265S
50- 1 article or any order, rule, or regulation of the
50- 2 commission or who procures, aids, or abets therein shall
50- 3 be guilty of a misdemeanor.
50- 4 46-7-119. (Index)
50- 5 In order to provide for the publication and maintenance of
50- 6 just and reasonable joint line rates, routes,
50- 7 classifications, and mileage guides, the commission may
50- 8 establish a collective rate-making procedure for all motor
50- 9 carriers of property who elect to participate.
50-10 46-7-120. (Index)
50-11 The commission may issue certificates, permits, motor
50-12 carrier of property permits, registration permits,
50-13 identification and registration stamps, registration
50-14 receipts, and any other documentation required by this
50-15 title in such form and manner, including electronic
50-16 transmittal, as the commission may by rule prescribe."
SECTION 28.
50-17 Said title is further amended by striking in its entirety
50-18 Code Section 46-9-6, relating to limitation of actions
50-19 against common carriers for recovery of overcharges, and
50-20 inserting in lieu thereof a new Code Section 46-9-6 to read
50-21 as follows:
50-22 "46-9-6. (Index)
50-23 (a) All actions at law against common carriers operating
50-24 in this state, which actions seek to recover overcharges
50-25 accruing on intrastate shipments, shall be initiated
50-26 within a period of three years after the time the cause of
50-27 action accrues, and not thereafter, provided that, if a
50-28 claim for the overcharge is presented in writing to the
50-29 carrier within the three-year period of limitation, the
50-30 period shall be extended to include six months from the
50-31 time notice in writing is given by the carrier to the
50-32 claimant of disallowance of the claim or any part thereof.
50-33 (b) A motor carrier of property may, upon notice to the
50-34 commission, elect to be subject to the following
50-35 requirements regarding rates, charges, and claims for loss
50-36 or damage:
50-37 (1) A motor carrier of property shall provide to the
50-38 shipper, upon request of the shipper, a written or
50-39 electronic copy of the rate, classification, rules, and
50-40 practices upon which any rate agreed to between the
-50- (Index)
LC 10 1265S
51- 1 shipper and carrier may have been based. When the
51- 2 applicability or reasonableness of the rates and related
51- 3 provisions billed by a carrier is challenged by the
51- 4 person paying the freight charges, the commission shall
51- 5 determine whether such rates and provisions are
51- 6 reasonable or applicable based on the record before it.
51- 7 In cases where a carrier other than a carrier providing
51- 8 transportation of household goods seeks to collect
51- 9 charges in addition to those billed and collected which
51-10 are contested by the payor, the carrier may request that
51-11 the commission determine whether any additional charges
51-12 over those billed and collected must be paid. A carrier
51-13 must issue any bill for charges in addition to those
51-14 originally billed within 180 days of the original bill
51-15 in order to have the right to collect such charges;
51-16 (2) If a shipper seeks to contest the charges originally
51-17 billed by a motor carrier of property, the shipper may
51-18 request that the commission determine whether the
51-19 charges originally billed must be paid. A shipper must
51-20 contest the original bill within 180 days in order to
51-21 have the right to contest such charges; and
51-22 (3) Claims for loss of or damage to property for which
51-23 any motor carrier of property may be liable must be
51-24 filed within nine months after the delivery of the
51-25 property, except that claims for failure to make
51-26 delivery must be filed within nine months after a
51-27 reasonable time for delivery has elapsed.
51-28 (c) The commission shall adopt rules regarding rates,
51-29 charges, and claims for loss or damage applicable to
51-30 carriers of household goods."
SECTION 29.
51-31 Said title is further amended by striking in its entirety
51-32 Code Section 46-9-48, relating to adjustment and payment by
51-33 common carriers of claims for loss of property or overcharge
51-34 for freight, and inserting in lieu thereof a new Code
51-35 Section 46-9-48 to read as follows:
51-36 "46-9-48. (Index)
51-37 Every claim for loss of or damage to property, or for
51-38 overcharge for freight, for which any common carrier may
51-39 be liable shall be adjusted and paid by such common
51-40 carrier within 60 days in cases of shipments wholly within
51-41 this state and within 90 days in cases of shipments
-51- (Index)
LC 10 1265S
52- 1 between points without and points within this state, after
52- 2 such claim, duly verified by the claimant or his or her
52- 3 agent, has been filed with the agent of the initial
52- 4 carrier or with the agent of the carrier upon whose line
52- 5 the loss, damage, or overcharge actually occurred. If such
52- 6 claim is not adjusted and paid within the time prescribed
52- 7 in this Code section, the carrier shall be liable for
52- 8 interest thereon at the legal rate from the date of the
52- 9 filing of the claim until the payment thereof, and shall
52-10 also be liable for a civil penalty of $50.00 for every
52-11 such failure to adjust and pay said claim, to be recovered
52-12 by the party damaged, provided that unless such claimant
52-13 in such action recovers the full amount claimed, no
52-14 penalty shall be recovered, but the recovery shall be
52-15 limited to the actual loss or damage or overcharge, with
52-16 interest thereon from the date of filing said claim."
SECTION 30.
52-17 Said title is further amended by striking and repealing in
52-18 its entirety Part 2 of Article 3 of Chapter 9, relating to
52-19 the transportation of livestock and domestic animals by
52-20 common carrier, and inserting in lieu thereof the following:
"Part 2
52-21 46-9-70. (Index)
52-22 Reserved.
52-23 46-9-71. (Index)
52-24 Reserved.
52-25 46-9-72. (Index)
52-26 Reserved."
SECTION 31.
52-27 Said title is further amended by striking and repealing in
52-28 its entirety Code Section 46-9-253, relating to the
52-29 transportation of gunpowder, dynamite, or other explosives,
52-30 which reads as follows:
52-31 "46-9-253. (Index)
52-32 Any person who causes more than five pounds of gunpowder,
52-33 or any amount of dynamite or other dangerous explosive, to
52-34 be transported upon water, by railroad, or otherwise shall
52-35 have the word 'Gunpowder,' 'Dynamite,' or other name of
52-36 the explosive marked in large letters upon each package so
-52- (Index)
LC 10 1265S
53- 1 transported. Gunpowder, dynamite, or other dangerous
53- 2 explosive transported in violation of said provision shall
53- 3 be liable to seizure and forfeiture by any officer who may
53- 4 execute a criminal warrant, under warrant for that
53- 5 purpose, issued by any officer who may issue such
53- 6 first-named warrants, one-half of the same to go to the
53- 7 informer, the other half to go to the military fund of the
53- 8 state, after public sale by order of the officer issuing
53- 9 the warrant, or one of like authority."
SECTION 32.
53-10 This Act shall become effective upon its approval by the
53-11 Governor or upon its becoming law without such approval.
SECTION 33.
53-12 All laws and parts of laws in conflict with this Act are
53-13 repealed.
-53- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97