SB 16 - Pub. Transp.- certification, inspection stickers
Georgia Senate - 1995/1996 Sessions
SB 16 - Pub. Transp.- certification, inspection stickers
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9
1. Newbill 56th 2. Tanksley 32nd
Senate Comm: ST&I / House Comm: Ind /
Senate Vote: Yeas 41 Nays 7
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Senate Action House
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1/10/95 Read 1st time 1/29/96
1/12/96* Favorably Reported
Sub Committee Amend/Sub
2/9/95 Read 2nd Time 1/30/96
1/8/96 Committed
1/22/96 Read 3rd Time
1/26/96 Passed/Adopted
CS Comm/Floor Amend/Sub
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*2/8/95 Favorably reported by substitute.
*1/8/96 Read third time.
*1/22/96 Tabled.
*1/25/96 Taken from table.
Code Sections amended: 46-1-1, 46-7-85.1, 46-7-85.2, 46-7-85.4, 46-7-85.5,
46-7-85.8, 46-7-85.9, 46-7-85.10, 46-7-85.11, 46-7-85.12, 46-7-85.14,
46-7-85.15, 46-7-85.16
SB 16 96 LC 19 2857S
(SCS)
SENATE BILL 16
By: Senators Newbill of the 56th and Tanksley of the 32nd
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 certain definitions; to provide for
1- 4 definitions; to change certain provisions relating to
1- 5 qualifications of applicants for certificates; to provide
1- 6 for inspection stickers and inspection fees; to provide for
1- 7 temporary certificates for out-of-state limousine carriers;
1- 8 to provide for chauffeurs' permits; to provide for the
1- 9 nontransferability of chauffeurs' permits; to remove a
1-10 one-year residency requirement for chauffeurs; to provide
1-11 for renewal of chauffeurs' permits; to provide that a
1-12 limousine carrier operating under a certificate issued by
1-13 the commission shall not be required to file annual or
1-14 quarterly revenue and expense reports; to change provisions
1-15 relating to information contained on license plates; to
1-16 change a certain date of eligibility for certificates; to
1-17 provide for related matters; to provide an effective date;
1-18 to repeal conflicting laws; and for other purposes.
1-19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-20 Title 46 of the Official Code of Georgia Annotated, relating
1-21 to public utilities and public transportation, is amended by
1-22 striking division (7)(C)(xiii) of Code Section 46-1-1,
1-23 relating to definitions, and inserting in lieu thereof a new
1-24 division (7)(C)(xiii) to read as follows:
1-25 "(xiii) Vehicles, except limousines, extended
1-26 limousines, sedans, and vans driven by commission
1-27 permitted chauffeurs, transporting not more than ten
1-28 15 persons for hire, inclusive of the drivers,
1-29 except that any operator of such a vehicle is
1-30 required to register the exempt operation with the
1-31 commission, register and identify any of its
1-32 vehicles, and become subject to the commission's
1-33 liability insurance and vehicle safety rules;".
S. B. 16
-1- (Index)
LC 19 2857S
SECTION 2.
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2- 2 46-7-85.1, relating to definitions regarding limousine
2- 3 carriers, and inserting in lieu thereof a new Code Section
2- 4 46-7-85.1 to read as follows:
2- 5 "46-7-85.1. (Index)
2- 6 As used in this article, the term:
2- 7 (1) 'Certificate' means a certificate of public
2- 8 convenience and necessity issued by the Public Service
2- 9 Commission.
2-10 (2) 'Chauffeur' means any person with a Georgia state
2-11 driver's license who meets the qualifications as
2-12 prescribed in Code Section 46-7-85.10 and who is
2-13 authorized by the Public Service Commission to drive a
2-14 limousine under this article individual authorized and
2-15 permitted by the commission to drive limousines,
2-16 extended limousines, sedans, or vans for a commission
2-17 certificated limousine carrier.
2-18 (3) 'Commission' means the Public Service Commission.
2-19 (4) 'Limousine' or 'extended limousine' means any motor
2-20 vehicle that meets the manufacturer's specifications for
2-21 a luxury limousine with a designed seating capacity for
2-22 no more than ten passengers and with a minimum of
2-23 seating capacity for five seats persons located behind
2-24 the operator driver of the vehicle, and which does not
2-25 have a door at the rear of the vehicle designed to allow
2-26 passenger entry or exit; further, no vehicle, classified
2-27 under this paragraph, shall be permitted to be operated
2-28 both as a taxicab and a limousine or extended limousine.
2-29 (5) 'Limousine carrier' means any person operating a
2-30 service regularly rendered to the public by furnishing
2-31 transportation as a motor common carrier for hire, not
2-32 over fixed routes, by means of limousines, or extended
2-33 limousines, sedans, or vans driven by chauffeurs on the
2-34 basis of telephone contract, or , written contract, or
2-35 other arrangement.
2-36 (6) 'Person' means any individual, firm, partnership,
2-37 corporation, company, association, or joint-stock
2-38 association, and includes any trustee, receiver,
2-39 assignee, or personal representative thereof.
S. B. 16
-2- (Index)
LC 19 2857S
3- 1 (7) 'Public highway' means every public street, road, or
3- 2 highway in this state.
3- 3 (8) 'Sedan' means any luxury sedan or town car type
3- 4 vehicle which has a seating capacity of not more than
3- 5 five passengers and the driver and which does not
3- 6 contain a taximeter designed to measure electronically
3- 7 or mechanically the distance traveled or time. No
3- 8 sedan, classified as such under this paragraph, shall be
3- 9 permitted to be operated both as a taxicab and a sedan.
3-10 (9) 'Van' means any motor vehicle driven by a commission
3-11 permitted chauffeur, other than a limousine, extended
3-12 limousine, or sedan, with a designed seating capacity
3-13 for no more than 15 passengers, including the driver,
3-14 and excluding vehicles periodically or routinely used in
3-15 a passenger shuttle service for hire or for the purpose
3-16 of transporting passengers requiring nonemergency
3-17 medical transportation."
SECTION 3.
3-18 Said title is further amended by striking Code Section
3-19 46-7-85.2, relating to compliance with the article, and
3-20 inserting in lieu thereof a new Code Section 46-7-85.2 to
3-21 read as follows:
3-22 "46-7-85.2. (Index)
3-23 No limousine carrier shall operate any limousine, extended
3-24 limousine, sedan, or van for the transportation of
3-25 passengers for compensation on any public highway in this
3-26 state except in accordance with the provisions of this
3-27 article."
SECTION 4.
3-28 Said title is further amended by striking Code Section
3-29 46-7-85.4, relating to applications for certificates, and
3-30 Code Section 46-7-85.5, relating to safety and mechanical
3-31 inspections, and inserting in lieu thereof new Code Sections
3-32 46-7-85.4 and 46-7-85.5 to read as follows:
3-33 "46-7-85.4. (Index)
3-34 (a) The commission shall prescribe the form of the
3-35 application for the certificate and shall prescribe such
3-36 reasonable requirements as to notice, publication, proof
3-37 of service, maintenance of adequate liability insurance
3-38 coverage, and information as may, in its judgment, be
S. B. 16
-3- (Index)
LC 19 2857S
4- 1 necessary and may establish fees as part of such
4- 2 certificate process.
4- 3 (b) A certificate shall be issued to any qualified
4- 4 applicant, provided that such applicant is a limousine
4- 5 carrier business domiciled in this state, person,
4- 6 including any individual, firm, partnership, corporation,
4- 7 company, association, or joint-stock association
4- 8 authorizing the operations covered by the such person's
4- 9 application to the commission if it is found that the
4-10 applicant is fit, willing, and able to perform properly
4-11 the service services authorized by the provisions of this
4-12 article and to conform to the provisions of this article
4-13 and rules and regulations of the commission and has not
4-14 been convicted of any felony as such violation or
4-15 violations are related to the operation of a motor vehicle
4-16 no individual, partner, or principal officer of an
4-17 applicant firm, corporation, association, or joint-stock
4-18 association has been convicted of, been on probation or
4-19 parole for, or been imprisoned as punishment for a felony
4-20 or other crime involving moral turpitude for a period of
4-21 five years prior to the date of application to the
4-22 commission. For purposes of this subsection, a plea of
4-23 nolo contendere to any such felony or offense involving
4-24 moral turpitude shall constitute a conviction; provided,
4-25 however, all applicants shall be entitled to the full
4-26 benefits of Article 3 of Chapter 8 of Title 42, relating
4-27 to first offender probation.
4-28 46-7-85.5. (Index)
4-29 (a) It shall be the duty of the commission to regulate
4-30 limousine carriers with respect to the safety of equipment
4-31 vehicles.
4-32 (b) The commission shall perform safety and mechanical
4-33 inspections at least on an annual basis for each vehicle
4-34 owned and operated by a limousine carrier. Each such
4-35 inspected vehicle shall be identified with an inspection
4-36 sticker issued by the commission and placed on the front
4-37 left, bottom portion of the vehicle's windshield. All
4-38 inspections shall be accompanied by such fee as the
4-39 commission shall prescribe."
SECTION 5.
4-40 Said title is further amended by striking Code Sections
4-41 46-7-85.8, 46-7-85.9, and 46-7-85.10, relating to unlawful
4-42 operations, forms for chauffeur's permits, and applications
S. B. 16
-4- (Index)
LC 19 2857S
5- 1 for chauffeurs' permits, respectively, and inserting in lieu
5- 2 thereof new Code Sections 46-7-85.8, 46-7-85.9, and
5- 3 46-7-85.10 to read as follows:
5- 4 "46-7-85.8. (Index)
5- 5 After the cancellation or revocation of a permit
5- 6 certificate or during the period of its suspension, it is
5- 7 unlawful for a limousine carrier to conduct any operations
5- 8 as such a carrier.
5- 9 46-7-85.9. (Index)
5-10 Pursuant to rules and regulations prescribed by the
5-11 commission, each chauffeur driver employed by a limousine
5-12 carrier shall register apply with the commission and
5-13 secure a chauffeur's permit as a limousine chauffeur. A
5-14 chauffeur's permit issued under this subsection shall be
5-15 upon a form prescribed by the commission and shall bear
5-16 thereon a distinguishing number assigned to the permittee,
5-17 the full name and a photograph of the permittee, and such
5-18 other information or identification as is required by the
5-19 commission. Every chauffeur employed by a limousine
5-20 carrier shall have his or her chauffeur's permit in his or
5-21 her immediate possession and visible at all times while
5-22 operating driving for a limousine carrier. All
5-23 applications for a chauffeur's permit shall be accompanied
5-24 by such fee as the commission shall prescribe. The
5-25 chauffeur's permit shall be valid for two calendar years.
5-26 A chauffeur's permit shall not be transferable to another
5-27 limousine carrier. Chauffeurs' permits may be renewed up
5-28 to 90 days before expiration of such permits. The
5-29 commission may issue a chauffeur's permit by mail.
5-30 46-7-85.10. (Index)
5-31 (a) In order to secure a chauffeur's permit, an applicant
5-32 must provide the following information on a form provided
5-33 by the commission. The applicant must:
5-34 (1) Be at least 18 years of age;
5-35 (2) Possess a valid Georgia driver's license, which must
5-36 have been held for a minimum period of one year prior to
5-37 application, and said license must not be limited as
5-38 defined in Code Section 40-5-64; provided, however, that
5-39 any applicant who is domiciled in the State of Georgia
5-40 must possess a valid Georgia driver's license except
5-41 nonresident military personnel; and
S. B. 16
-5- (Index)
LC 19 2857S
6- 1 (3)(A) Not have been convicted, been on probation or
6- 2 parole, or served time on a sentence for a period of
6- 3 five years previous to the date of application for the
6- 4 violation of any of the following criminal offenses of
6- 5 this state or any other state or of the United States:
6- 6 criminal homicide, rape, aggravated battery, mayhem,
6- 7 burglary, aggravated assault, kidnapping, robbery,
6- 8 driving a motor vehicle while under the influence of
6- 9 intoxicating beverages or drugs, child molestation,
6-10 any sex related offense, leaving the scene of an
6-11 accident, criminal solicitation to commit any of the
6-12 above, any felony in the commission of which a motor
6-13 vehicle was used, perjury or false swearing in making
6-14 any statement under oath in connection with the
6-15 application for a chauffeur's permit, any law
6-16 involving violence or theft, or possession, sale, or
6-17 distribution of narcotic drugs, barbituric acid
6-18 derivatives, or central nervous system stimulants;
6-19 provided, however, that all applicants shall be
6-20 entitled to the full benefits of Article 3 of Chapter
6-21 8 of Title 42, relating to first offender probation.
6-22 (B) If at the time of application the applicant is
6-23 charged with any of the offenses prescribed in
6-24 subparagraph (A) of this paragraph, consideration of
6-25 the application shall be suspended until entry of a
6-26 plea or verdict or dismissal. For purposes of this
6-27 paragraph, a plea of nolo contendere to any of the
6-28 offenses set out in this paragraph shall constitute a
6-29 conviction.
6-30 (b) Intentional falsification of the chauffeur's permit
6-31 application shall be grounds for disqualification of the
6-32 applicant for one year from receipt of application by the
6-33 commission."
SECTION 6.
6-34 Said title is further amended by striking Code Section
6-35 46-7-85.11, relating to the preemption of regulations by
6-36 general law, and inserting in lieu thereof a new Code
6-37 Section 46-7-85.11 to read as follows:
6-38 "46-7-85.11. (Index)
6-39 The State of Georgia fully occupies and preempts the
6-40 entire field of regulation over limousine carriers as
6-41 regulated by this article; provided, however, that the
6-42 governing authority of any county or municipal airport
S. B. 16
-6- (Index)
LC 19 2857S
7- 1 shall be authorized to permit any limousine carrier doing
7- 2 business at any such airport and may establish
7- 3 nonprohibitive operations fees as part of such permitting
7- 4 process for any licensed limousine carrier doing business
7- 5 at such airport; provided, further, that counties and
7- 6 municipalities may enact ordinances and regulations which
7- 7 require limousine carriers which are domiciled within
7- 8 their boundaries to pay business license fees established
7- 9 fees for a nonrestrictive business license."
SECTION 7.
7-10 Said title is further amended by striking Code Section
7-11 46-7-85.12, relating to tariff of rates and charges, and
7-12 inserting in lieu thereof a new Code Section 46-7-85.12 to
7-13 read as follows:
7-14 "46-7-85.12. (Index)
7-15 (a) A limousine carrier operating under a certificate
7-16 issued by the commission shall be required to file with
7-17 the commission a tariff of rates and charges.
7-18 (b) A limousine carrier operating under a certificate
7-19 issued by the commission shall not be required to file
7-20 annual or quarterly revenue and expense reports with the
7-21 commission."
SECTION 8.
7-22 Said title is further amended by striking Code Section
7-23 46-7-85.14, relating to temporary permits, and inserting in
7-24 lieu thereof a new Code Section 46-7-85.14 to read as
7-25 follows:
7-26 "46-7-85.14. (Index)
7-27 A limousine carrier may obtain a temporary permit
7-28 certificate for a period of 21 consecutive days beginning
7-29 and ending on the dates specified on the face of the
7-30 permit certificate. Temporary permits certificates shall
7-31 be obtained by out-of-state limousine carriers which make
7-32 only infrequent trips within and through this state. The
7-33 fee for each temporary certificate shall be $100.00 per
7-34 week and $20.00 for each vehicle. No temporary permit
7-35 certificate shall be issued to a limousine carrier without
7-36 the commission having first received satisfactory proof
7-37 that it such carrier meets the insurance requirements of
7-38 stipulated in the rules and regulations of the commission.
7-39 A temporary permit certificate shall be carried in the
S. B. 16
-7- (Index)
LC 19 2857S
8- 1 motor vehicle for which it was issued at all times such
8- 2 vehicle is in this state. The commission may issue a
8- 3 temporary permit certificate by facsimile message or
8- 4 letter. Any chauffeur operating a limousine, extended
8- 5 limousine, sedan, or van under a temporary permit
8- 6 certificate issued pursuant to this Code section shall be
8- 7 required to obtain a chauffeur's permit; provided,
8- 8 however, that any chauffeur operating a limousine,
8- 9 extended limousine, sedan, or van under a temporary
8-10 certificate issued pursuant to this Code section who is
8-11 not a resident of this state may be issued a chauffeur's
8-12 permit under rules and regulations established by the
8-13 commission for a period of 21 consecutive days beginning
8-14 and ending on the dates specified on the face of such
8-15 permit."
SECTION 9.
8-16 Said title is further amended by striking Code Section
8-17 46-7-85.15, relating to license plates, and inserting in
8-18 lieu thereof a new Code Section 46-7-85.15 to read as
8-19 follows:
8-20 "46-7-85.15. (Index)
8-21 Each limousine carrier which registers any vehicle under
8-22 this article shall, for each such certificated vehicle,
8-23 affix to the center of the front bumper of each such
8-24 certificated vehicle a standard size license plate bearing
8-25 the following information: (1) limousine company name,
8-26 (2) city and state of principal domicile, (3) company
8-27 telephone number, and (4) the vehicle classification, IE-1
8-28 GPSC. The cost for such license plate shall be the sole
8-29 responsibility of the limousine carrier and must be placed
8-30 on each certificated vehicle prior to said vehicle being
8-31 placed in service and no later than May 1, 1994 1996, for
8-32 all such vehicles currently owned and to be registered and
8-33 operated by a limousine carrier."
SECTION 10.
8-34 Said title is further amended by striking Code Section
8-35 46-7-85.16, relating to eligibility for certificates of
8-36 carriers, and inserting in lieu thereof a new Code Section
8-37 46-7-85.16 to read as follows:
8-38 "46-7-85.16. (Index)
8-39 Any person doing business in this state as a limousine
8-40 carrier who is registered as such with the commission as
S. B. 16
-8- (Index)
LC 19 2857S
9- 1 of May 1, 1994 May 1, 1996, shall be entitled to be issued
9- 2 a certificate required under this article by the
9- 3 commission authorizing such person to continue doing
9- 4 business as a limousine carrier provided that such person
9- 5 submits a proper application and pays the required fees."
SECTION 11.
9- 6 This Act shall become effective on May 1, 1996.
SECTION 12.
9- 7 All laws and parts of laws in conflict with this Act are
9- 8 repealed.
S. B. 16
-9- (Index)
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Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97