reglab/housing_qa huggingface dataset:
GA Code § 40-1-109 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-109. Fees Upon Initial Application

 The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part:    A fee of $75.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;   A fee of $150.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;   A fee of $200.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;   A fee of $75.00 to accompany each application for transfer of a motor carrier certificate; and   A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 40-1-114.     (Code 1981, §40-1-109, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2012, "Code Section 40-1-114" was substituted for "Code Section 40-1-104" at the end of paragraph (5).
GA Code § 40-1-110 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-110. Hearing and Notice of Pending Application

 The commissioner, upon the filing of an application for a motor carrier certificate, shall give notice of the pending application by posting the same on the department's official website for ten days. If a protest is filed with the department, the commissioner shall fix a time and place for a hearing. If no protest is filed with the department or if the protest is subsequently withdrawn, the commissioner may issue the motor carrier certificate without a hearing.    (Code 1981, §40-1-110, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 10/HB 323.)   Editor's notes.   - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".
GA Code § 40-1-111 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-111. Limitation Upon Reapplication for Denied Applicants

 When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the department within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.    (Code 1981, §40-1-111, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-113 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-113. Transportation Contracts Limiting Liability

  As used in this Code section, the term:   "Motor carrier transportation contract" means a contract, agreement, or understanding covering:   The transportation of property for compensation or hire by the motor carrier;   Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or   A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.  Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.      "Promisee" means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier.     Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.     (Code 1981, §40-1-113, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-115 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-115. Notice of Discontinuance of Route

 A motor carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the department, and thereupon its certificate therefor shall be canceled. A motor carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the department to withdraw its certificate for such route if, in the opinion of the commissioner, such diminished service is not adequate or is no longer compatible with the public interest.    (Code 1981, §40-1-115, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-116 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-116. Additional Taxation Prohibited by Localities

 No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier.    (Code 1981, §40-1-116, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-518, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.   Lessor exempt from purchasing tags for vehicles leased to postal service.   - Lessors relieved of liability of purchasing registration tags for vehicles leased to postal service, when said leases are longer than 30 days duration and the postal service has exclusive use of the vehicles during the lease periods; when the lessors regain the use of vehicles on the termination of the leases or before their termination, they will again be responsible for the purchase of registration tags for the vehicles. 1974 Op. Att'y Gen. No. U74-16 (decided under former Code 1933, § 68-518).   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, §§ 300, 305, 313.   ALR.    - State regulation of carriers by motor vehicle as affected by interstate commerce clause, 47 A.L.R. 230; 49 A.L.R. 1203; 62 A.L.R. 52; 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.
GA Code § 40-1-118 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-118. Establishment of Just and Reasonable Rates, Fares, and Charges for Transportation

 The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the department may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the department may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the department shall establish a rate-making procedure for all carriers of household goods. Failure on the part of any motor carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the department.    (Code 1981, §40-1-118, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, §§ 157, 158.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 214 et seq., 223 et seq.
GA Code § 40-1-119 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-119. Charges by Motor Carriers; Unjust Discrimination by Carriers Prohibited

 No motor carrier of household goods or passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of household goods or passengers or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the department; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor carriers of passengers may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules.    (Code 1981, §40-1-119, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 13/HB 323.)   Editor's notes.   - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".
GA Code § 40-1-120 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-120. Limiting Baggage Size for Motor Carrier's Passengers

 Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers, other than hand baggage, the department shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.    (Code 1981, §40-1-120, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Carriers, §§ 1181, 1232, 1248 et seq.   C.J.S.   - 60 C.J.S., Motor Vehicles, § 291.
GA Code § 40-1-121 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-121. Inspection of Books and Records

 The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certificate holder shall be at all times open to the inspection of any agent of the department for such purpose. The department shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to operate under this part and to examine under oath the officers and agents of any motor carrier with respect thereto.    (Code 1981, §40-1-121, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, §§ 31, 43, 91, 112, 113.   C.J.S.   - 60 C.J.S., Motor Vehicles, § 125 et seq.   ALR.    - State regulation of carriers by motor vehicle as affected by interstate commerce clause, 47 A.L.R. 230; 49 A.L.R. 1203; 62 A.L.R. 52; 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.
GA Code § 40-1-122 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-122. Observing Laws; Schedule of Operation

 Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the department the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.    (Code 1981, §40-1-122, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, §§ 263, 265, 267, 284.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 28 et seq., 47, 48, 111 et seq., 153 et seq., 162, 166.   ALR.    - State regulation of carriers by motor vehicle as affected by interstate commerce clause, 47 A.L.R. 230; 49 A.L.R. 1203; 62 A.L.R. 52; 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.    Construction and application of statute or ordinance designed to prevent use of vehicles or equipment thereof injurious to the highway, 134 A.L.R. 550.
GA Code § 40-1-123 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-123. Enjoining Operation of Motor Carriers

 Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this part, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the department, by a competing motor carrier or rail carrier, or by any individual.    (Code 1981, §40-1-123, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-124 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-124. Perpetual Franchise Over Public Highways Prohibited

 Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.    (Code 1981, §40-1-124, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d., Carriers, §§ 125 et seq., 148, 149, 151.
GA Code § 40-1-125 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-125. Hearing Upon Suspension or Revocation of Motor Carrier Certificate; Judicial Review

  Upon issuance by the commissioner of an order suspending or revoking a motor carrier certificate, such motor carrier shall be afforded a hearing to be held in accordance with the procedures set forth in Code Section 40-1-56.   Any person whose motor carrier certificate has been suspended or revoked and who has exhausted all administrative remedies available within the Department of Public Safety is entitled to judicial review in accordance with Code Section 40-1-56.     (Code 1981, §40-1-125, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-127 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-127. Actions for Recovery of Overcharges; Rates, Charges, and Claims for Loss or Damage

  All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof.   A motor carrier of property may, upon notice to the commissioner of public safety, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage:   A motor carrier of property shall provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a carrier is challenged by the person paying the freight charges, the commissioner of public safety shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the commissioner of public safety determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges;   If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commissioner of public safety determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges; and   Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.     The commissioner of public safety shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods.     (Code 1981, §40-1-127, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
GA Code § 40-1-128 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 1 - Identification and Regulation|Article 3 - Motor Carriers|Part 2 - Certification of Motor Carriers|§ 40-1-128. Accepting or Receiving Rebates or Drawbacks; Prima-Facie Evidence of Intentional Violation; Burden of Claiming Exception

  Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.   The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the department under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.   Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.     (Code 1981, §40-1-128, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)   Cross references.   - Prohibition against rebates, Ga. Const. 1983, Art. III, Sec. VI, Para. V.   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions decided under former O.C.G.A. § 46-7-38 are included in the annotations for this Code section.   Intent of Code sections prescribing penalties for violations of laws concerning motor common and contract carriers.    - Former O.C.G.A. § 46-7-38 and O.C.G.A. §§ 32-1-10,32-6-23 and32-6-24 were intended to promote the safety of the traveling public and protect the public's investment in public roads and highways. 1981 Op. Att'y Gen. No. U81-17 (decided under former O.C.G.A. § 46-7-38).   Fingerprinting not required.    - Misdemeanor offenses arising under O.C.G.A. § 40-1-128 are offenses for which those charged are not to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, § 285. 21 Am. Jur. 2d, Criminal Law, §§ 1, 18 et seq.   C.J.S.   - 13 C.J.S., Carriers, §§ 312, 314, 315, 325, 334. 61A C.J.S., Motor Vehicles, § 1504 et seq.