09 LC
34 2096/AP
House
Bill 440 (AS PASSED HOUSE AND SENATE)
By:
Representatives Anderson of the
117th,
May of the
111th,
Rogers of the
26th,
Roberts of the
154th,
and Baker of the
78th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating
to general provisions concerning public utility and public transportation
matters, so as to provide that state government endorsed rideshare programs are
neither for hire nor carrier operations; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 46 of the Official Code of Georgia Annotated, relating to general
provisions concerning public utility and public transportation matters, is
amended in Code Section 46-1-1, relating to definitions relative to public
utilities and public transportation, by adding new paragraphs (5.1), (6.2), and
(6.3), and revising paragraphs (6) and (13) as follows:
"(5.1)
'Exempt rideshare' means:
(A)
Government endorsed rideshare programs;
(B)
Rideshare programs in which a rideshare driver seeks reimbursement for, or the
rideshare participants pool or otherwise share, rideshare costs such as fuel;
or
(C)
The leasing or rental of a vehicle, in the ordinary course of the lessor's or
rentor's business, for rideshare purposes as part of a government endorsed
rideshare program, or for rideshare under a contract requiring compliance with
subparagraph (B) of this paragraph.
(6)
'For
compensation'
or 'for hire' means an activity wherein
for payment or
other compensation a motor vehicle and
driver are furnished to a person by another person, acting directly or knowingly
and willfully acting with another to provide the combined service of the vehicle
and driver, and includes every person acting in concert with, under the control
of, or under common control with a motor carrier who shall offer to furnish
transportation for compensation
or for hire,
provided that no exempt rideshare shall be deemed to involve any element of
transportation for compensation or for
hire."
"(6.2)
'Government endorsed rideshare program' means a vanpool, carpool, or similar
rideshare operation conducted by or under the auspices of a state or local
governmental transit instrumentality, such as GRTA, a transportation management
association, or a community improvement district, or conducted under the
auspices of such transit agencies, including through any form of contract
between such transit instrumentality and private persons or
businesses.
(6.3)
'GRTA' means the Georgia Regional Transportation Authority, which is itself
exempt from regulation as a carrier under Code Section
50-32-71."
"(13)
'Private carrier' means every person except motor common carriers or motor
contract carriers owning, controlling, operating, or managing any motor
propelled vehicle, and the lessees or trustees thereof or receivers appointed by
any court whatsoever, used in the business of transporting persons or property
in private transportation not for hire over any public highway in this state.
The term 'private carrier' shall not include:
(A)
Motor vehicles not for hire engaged solely in the harvesting or transportation
of forest products; provided, however, that motor vehicles not for hire with a
manufacturer's gross weight rated capacity of 44,000 pounds or more engaged
solely in the transportation of unmanufactured forest products shall be subject
only to the Georgia Forest Products Trucking Rules provided for in division
(9)(C)(x) of this Code section;
(B)
Motor vehicles not for hire engaged solely in the transportation of
road-building materials;
(C)
Motor vehicles not for hire engaged solely in the transportation of
unmanufactured agricultural or dairy products between farm, market, gin,
warehouse, or mill whether such vehicle is owned by the owner or producer of
such agricultural or dairy products or not, so long as the title remains in the
producer;
or
(D)
Except for the motor vehicles excluded under subparagraph (C) of this paragraph,
motor vehicles having a manufacturer's gross vehicle weight rating of 10,000
pounds or less; provided, however, that motor vehicles which have a
manufacturer's gross vehicle weight rating of 10,000 pounds or less and which
are transporting hazardous materials, as the term 'hazardous materials' is
defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included
within the meaning of the term 'private
carrier.'
carrier';
or
(E)
Exempt rideshares."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.