reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 1 - GENERAL PROVISIONS (§§ 40-1-50 — 40-1-58) › Section 40-1-57 - Applicability of prior action of Public Service Commission

Rules, orders, and regulations previously adopted which relate to functions performed by the Public Service Commission which were transferred under this article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Department of Public Safety until amended, repealed, or superseded by rules or regulations adopted by the department.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 1 - GENERAL PROVISIONS (§§ 40-1-50 — 40-1-58) › Section 40-1-58 - Determining employment status based upon a motor carrier safety improvement

(a)
For purposes of this Code section, the term "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate compliance with traffic safety or motor carrier safety laws, safety of a motor vehicle, safety of the operator of a motor vehicle, or safety of third-party users of highways of this state.
(b)
The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law.
Added by 2020 Ga. Laws 490,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-101 - Regulatory compliance inspections; regulation of business; requirements of motor carriers

(a)
Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject to the requirements of this part and shall be deemed to have given consent to regulatory compliance inspections.
(b)
Unless expressly prohibited by federal law, the commissioner is vested with power to regulate the business of any person engaged in the transportation as a motor carrier of persons or property, either or both, for hire on any public highway of this state.
(c)
The commissioner is authorized to employ and designate a person or persons as necessary to implement and carry out the functions contained in this part.
(d)
All motor carriers shall:
(1)
Obtain a certificate as required by this part;
(2)
Maintain liability insurance as provided in the rules and regulations of the department;
(3)
Act in compliance with Georgia's workers' compensation laws as provided in Chapter 9 of Title 34; and
(4)
Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-102 - Certificate or permit prerequisite to operation; minimum insurance requirement

(a)
No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate or permit.
(b)
Before a motor carrier may enter into any contract for the transportation of passengers, the motor carrier shall provide to all parties to the agreement a copy of the motor carrier's proof of legally required minimum insurance coverage and a valid certification number demonstrating that the motor carrier is currently certified by the commissioner, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency. Any contract entered into in violation of this Code section shall be void and unenforceable.
Amended by 2013 Ga. Laws 268,§ 7, eff. 7/1/2013.
Amended by 2013 Ga. Laws 240,§ 1, eff. 7/1/2014.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-103 - Application form for certificate; issuance to qualified applicant

(a)
The department shall prescribe the form of the application for a motor carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process.
(b)
A motor carrier certificate shall be issued to any qualified applicant, provided that such applicant is a motor carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-104 - Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders

(a)
The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certificate or permit, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service.
(b)
The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate or permit, if the commissioner finds such suspension necessary:
(1)
To protect life, health, or safety;
(2)
For the protection of consumers; or
(3)
Based upon a finding that the carrier no longer meets the qualification or fitness requirements of Code Section
40-1-103
or
40-1-106
.
Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commissioner may exercise his or her discretion to designate a hearing officer for such appeals.
(c)
The commissioner, or his or her designated employees, may issue an out-of-service order or orders to a certificate or permit holder, pursuant to the provisions of this article or the department's rules.
Amended by 2013 Ga. Laws 268,§ 8, eff. 7/1/2013.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-105 - Transfer of certificate

Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-106 - Fitness of applicant; protest of application by certificate holder

(a)
The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject to the jurisdiction of the department if the commissioner finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the department. Fitness encompasses three factors:
(1)
The applicant's financial ability to perform the service it seeks to provide;
(2)
The applicant's capability and willingness to perform properly and safely the proposed service; and
(3)
The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the department.
(b)
The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant.
(c)
Upon an applicant making out a prima-facie case as to the motor carrier's ability to provide the service, the burden shifts to a protestant to show that the authority sought should not be granted.
(d)
A protest of a motor carrier of passengers or of household goods to an application shall not be considered unless the protesting motor carrier:
(1)
Possesses authority from the department to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period;
(2)
Has pending before the department an application previously filed with the department for substantially the same authority; or
(3)
Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant.
(e)
The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2013 Ga. Laws 268,§ 9, eff. 7/1/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-107 - Information in application

The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods or property shall apply for certificates required by this part. Such rules shall require that the application be in writing, under oath, and that the application:
(1)
Contains full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;
(2)
States the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; and
(3)
Contains any such other or additional information as the commissioner may order or require.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-108 - Transportation of persons under age 21 drinking alcohol

Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section
3-3-23
, concerning consumption of alcoholic beverages by persons under the age of 21. The commissioner shall provide to all motor carriers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the motor carrier.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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:
(1)
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;
(2)
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;
(3)
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;
(4)
A fee of $75.00 to accompany each application for transfer of a motor carrier certificate; and
(5)
A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section
40-1-114
.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Amended by 2013 Ga. Laws 268,§ 10, eff. 7/1/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-112 - Insurance of motor carriers

(a)
No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state that provides for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.
(b)
The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants.
(c)
(1)
It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract, only when:
(A)
One or more motor carriers related to the cause of action are insolvent or bankrupt; or
(B)
Personal service, as provided in subsection (e) of Code Section
9-11-4
, cannot after reasonable diligence be effected:
(i)
Against the driver of the vehicle of the motor carrier giving rise to the cause of action; or
(ii)
Against the motor carrier.
(2)
Pursuant to paragraph (1) of this subsection, when one or more motor carriers related to the cause of action are insolvent or bankrupt, or personal service cannot after reasonable diligence be effected against the driver or motor carrier, then the insurance carrier may be joined in the action as a matter of right, without motion or order of the court, by filing an amended complaint joining the insurance carrier. The amended complaint shall be served on the insurance carrier pursuant to Code Section
9-11-4
and such insurance carrier shall file an answer with the court within 30 days of service.
(3)
For purposes of paragraph (2) of this subsection, the amended complaint shall relate back to the date of filing of the original pleading.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2024 Ga. Laws 616,§ 1, eff. 7/1/2024, app. to causes of action accruing on or after 7/1/2024.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-113 - Transportation contracts limiting liability

(a)
As used in this Code section, the term:
(1)
"Motor carrier transportation contract" means a contract, agreement, or understanding covering:
(A)
The transportation of property for compensation or hire by the motor carrier;
(B)
Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(C)
A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.
Such term 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.
(2)
"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.
(b)
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.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-114 - Temporary emergency authority issued to carriers

Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the department may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the department's findings supporting its determination that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the department shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Amended by 2013 Ga. Laws 268,§ 13, eff. 7/1/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 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.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-125 - Hearing upon suspension or revocation of motor carrier certificate; judicial review

(a)
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
.
(b)
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
.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-126 - Carriers engaged in interstate and intrastate commerce

In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the department shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this part as to such commerce. The provisions of this part do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this part so far as they separately relate to commerce carried on in this state.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-127 - Actions for recovery of overcharges; rates, charges, and claims for loss or damage

(a)
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.
(b)
A motor carrier of property may, upon notice to the commissioner, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage:
(1)
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 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 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;
(2)
If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commissioner 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
(3)
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.
(c)
The commissioner of public safety shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-128 - Accepting or receiving rebates or drawbacks; prima-facie evidence of intentional violation; burden of claiming exception

(a)
Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the 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.
(b)
The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the 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.
(c)
Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-129 - Fines for violating certificate requirement; advertising services without certificate prohibited

(a)
Whenever the department, after a hearing conducted in accordance with the provisions of Code Section
40-1-56
, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the department or is holding itself out as such a carrier without such a certificate in violation of this part, the department may impose a fine of not more than $5,000.00 for each violation. The department may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the department. The department may also assess interest at the rate specified in Code Section
40-1-56
on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the department shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the department under this subsection may seek judicial review as provided in Code Section
40-1-56
.
(b)
Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department is guilty of a misdemeanor. Any fine or assessment imposed by the department pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 2 - MOTOR CARRIERS (§§ 40-1-100 — 40-1-130) › Section 40-1-130 - Inclusion of motor carrier authorization number in advertising

In any advertisement for a motor carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the motor carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The requirements of this Code section shall not apply to nonconsensual towing motor carriers providing services pursuant to Code Section
44-1-13
. The department shall be required to issue a motor carrier authorization number to each registered motor carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section
40-1-56
, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 3 - GEORGIA LIMOUSINE CARRIER ACT (§§ 40-1-150 — 40-1-170) › Section 40-1-150 - Short title

This part shall be known and may be cited as the "Georgia Limousine Carrier Act."
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 3 - GEORGIA LIMOUSINE CARRIER ACT (§§ 40-1-150 — 40-1-170) › Section 40-1-151 - Definitions

As used in this part, the term:
(1)
"Certificate" or "limousine carrier certificate" means a certificate issued by the department for the operation of limousines or limousine services under this part and such certificates issued by the Public Service Commission on or before June 30, 2012.
(2)
"Chauffeur" means any person with a Georgia state driver's license who meets the qualifications as prescribed in this part and who is authorized by the commissioner of driver services to drive a motor vehicle of a limousine carrier.
(3)
"Department" means the Department of Public Safety.
(4)
"Limousine" means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
(5)
"Limousine carrier" means any person owning or operating a prearranged service regularly rendered to the public by furnishing transportation as a motor carrier for hire, not over fixed routes, by means of one or more unmetered:
(A)
Limousines;
(B)
Extended limousines;
(C)
Sedans;
(D)
Extended sedans;
(E)
Sport utility vehicles;
(F)
Extended sport utility vehicles;
(G)
Other vehicles with a capacity for seating and transporting no more than 15 persons for hire including the driver; or
(H)
Any combination of subparagraphs (A) through (G) of this paragraph on the basis of telephone contract or written contract. A limousine carrier shall not use per capita rates or charges.
(6)
"Person" means any individual, firm, partnership, private or public corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
(7)
"Public highway" means every public street, road, highway, or thoroughfare of any kind in this state.
(8)
"Vehicle" or "motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the commissioner.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2013 Ga. Laws 268,§ 14, eff. 7/1/2013.
Amended by 2013 Ga. Laws 33,§ 40, eff. 4/24/2013.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 3 - GEORGIA LIMOUSINE CARRIER ACT (§§ 40-1-150 — 40-1-170) › Section 40-1-152 - Operation in accordance with provisions; certificate for limousine carrier required

(a)
No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
(b)
No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the department a certificate to do so.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 1 - IDENTIFICATION AND REGULATION (§§ 40-1-1 — 40-1-231) › Article 3 - GEORGIA MOTOR CARRIER ACT OF 2012 (§§ 40-1-50 — 40-1-231) › Part 3 - GEORGIA LIMOUSINE CARRIER ACT (§§ 40-1-150 — 40-1-170) › Section 40-1-153 - Application form for limousine carriers; issuance to qualified applicants

(a)
The department shall prescribe the form of the application for a limousine carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process.
(b)
A limousine carrier certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
Added by 2012 Ga. Laws 632,§ I-1, eff. 7/1/2012.