Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.02 - Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Before any
				wrecker service shall transport vehicles in nonconsensual towing on or over any
				public highway of the State of Georgia, it shall first secure a nonconsensual
				towing permit from the Commission by making application on forms supplied by
				the Commission and paying an annual filing fee of $300.00. Such filing fee
				shall accompany the application, which shall not be complete and ready for
				favorable Commission action until such fee is paid; and such fee is
				nonrefundable upon Commission denial of the application, applicant's withdrawal
				of the application or for any other reason. The permit shall be issued on an
				annual basis.
(2) The Commission
				shall issue a nonconsensual towing permit if the application is complete and
				the applicant demonstrates the willingness and ability to comply with the laws
				of Georgia and the rules and regulations of the Commission related to NCT
				Carriers, including, but not limited to, secure impoundment facility, the
				maximum rate tariff, and with Commission insurance and safety
				requirements.
(3) The Commission
				may refuse to issue a permit where the applicant has failed to show compliance
				with the applicable laws of Georgia and the rules and regulations of the
				Commission. In such instance, the applicant, shall upon written request made
				within 30 days of the date of denial, be entitled to a hearing to contest said
				denial.
(4) Permits issued pursuant
				to this authority shall be valid except as otherwise provided herein, from the
				date of issuance through mid-night of the expiration date shown on the permit,
				unless revoked, suspended or amended. There is no grace period. Failure to
				renew a permit within the permit's twelve (12) month life shall result not only
				in the expiration of such permit, but also in the holder of such expired permit
				having to re-apply for a new permit in order to resume conducting nonconsensual
				towing operations after such expiration date.
(5) Any nonconsensual towing permit obtained
				from this Commission shall be posted and kept in a conspicuous place at the
				main office of the wrecker service to whom such permit is granted; and copies
				of such permits shall be carried in the cab of any wrecker or tow truck
				operated under such permit.
(6)
				Applications to renew a permit must be submitted on a form designated by the
				Commission. Renewal applications should be submitted no sooner than 30 days and
				no later than 10 days prior to the expiration date of the permit.
(7) The Commission may, at any time after
				notice and an opportunity to be heard, suspend, revoke, alter, or amend any
				permit issued under these rules if it shall appear that the holder of the
				permit has violated or refused to observe any of the lawful and reasonable
				orders, rules or regulations prescribed by the Commission, any of the
				applicable provisions of Title 46 or Title 40 of the Official Code of Georgia,
				or any other law of this state regulating or taxing motor vehicles.
(8) In the event of a change of name or
				ownership by the holder of a nonconsensual towing permit (including acquisition
				of controlling interest in a corporate entity), application for a new permit
				shall be made to the Commission and the old permit surrendered to the
				Commission before another permit can be issued to the new owner(s). The
				application for a permit by a new owner shall be made in the same manner as for
				an original nonconsensual towing permit and the fee shall be the same as for an
				original permit.
(9) Any
				nonconsensual permit issued by the Commission shall not be assignable or
				transferable to any other person, firm, corporation or other entity.
Authority O.C.G.A.
				  Sec. 44-1-13.