reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-5 - LIMOUSINE CARRIERS › Rule 570-38-5-.05 - Inspections of Limousines

Current through Rules and Regulations filed through June 27, 2024
(1) In addition to the requirements
				applicable to limousine carriers through Subchapter 2 of this Chapter, all
				limousine carriers shall allow their limousines to be inspected prior to being
				used to perform transportation subject to this subchapter. Inspection must be
				done by a certified mechanic and the results of the inspection must be
				submitted to the Department for review and approval. Inspections which reveal
				that any of a limousine carrier's vehicles or group of vehicles are not in safe
				working order at the sole discretion of the Department may result in that
				vehicle or those vehicle(s) being disqualified from use by the limousine
				carrier and the limousine carrier being assessed any penalty authorized by law,
				including but not limited to the certificate of the limousine carrier being
				denied, suspended, or revoked and/or civil or criminal penalties.
(2) Except to the extent prohibited by law,
				the Department may require limousine carriers and/or their limousines, any
				subset of their limousines, or any individual limousine, to undergo additional
				safety inspections in accordance with terms imposed by the Department. Failure
				by a limousine carrier to comply with such safety inspections, or the failure
				of a limousine carrier's limousine or limousines to satisfactorily pass any
				such safety inspections authorized by law may result in that vehicle or those
				vehicle being disqualified from use by the limousine carrier and the limousine
				carrier being assessed any penalty authorized by law, including but not limited
				to the certificate of the limousine carrier being suspended or revoked and/or
				civil or criminal penalties.
O.C.G.A.
				 §§
											40-1-8;
				  40-1-54;
				  40-1-151;
				  10-1-152;
				  40-1-154;
				  40-1-169.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-5 - LIMOUSINE CARRIERS › Rule 570-38-5-.06 - Limousine Carriers to Utilize only Authorized Vehicles, Operators

Current through Rules and Regulations filed through June 27, 2024
(1) For the purposes of
				this Rule, the term "leased" shall mean:
(a)
				Conveyed to a party subject to a written and executed agreement for the party's
				exclusive use for a period of at least one year; or
(b) Conveyed to a party subject to a written
				and executed agreement for the party's exclusive use for a period of less than
				one year due to unanticipated demand or other business circumstances that
				require conveyance for a period of less than one year, provided that in such
				instances,
1. A limousine carrier that is a
				party to such lease shall, no later than 72 hours after entering such lease,
				provide to the Department that information required by Rule  570-38-2-.04(2)(f)  relating to any and all vehicles subject to such lease that will be used to
				provide transportation in accordance with this subchapter;
2. Ensure that the operator of any vehicle
				subject to such lease has in the vehicle proof of adequate insurance required
				by law and a copy of the agreement comprising the lease whenever the vehicle is
				being used to perform transportation subject to this subchapter;
3. Upon the Department's request, provide a
				written explanation as to the unanticipated demand or other business
				circumstances that existed to require conveyance for a period of less than one
				year.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-5 - LIMOUSINE CARRIERS › Rule 570-38-5-.07 - Right to Revoke, Alter, or Amend Certificate

Current through Rules and Regulations filed through June 27, 2024
With respect to limousine carriers, the Department shall
				 have, in addition to its authority to suspend or revoke certificates granted
				 under this Chapter by Rule  570-38-2-.13, the right to revoke, alter, or amend
				 the certificate of a limousine carrier in accordance with O.C.G.A. §
									40-1-161.
O.C.G.A.
				 §§
											40-1-54;
				 50-1-152;
				  40-1-161.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to all ride share drivers, ride
				 share network services, taxi services, transportation referral services, and
				 transportation referral service providers as defined by O.C.G.A. §
									40-1-190 and  subject to regulation by O.C.G.A. §§
									40-1-190 through  200.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-190;
				  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
When used in this Subchapter, the terms defined in O.C.G.A.
				 §§
									40-1-190 and 
				  33-1-24 shall have the same definition as provided in those code sections. Where a
				 conflict exists between the definitions provided by these code sections, the
				 definition provided for by O.C.G.A. §
									40-1-190 shall be controlling.
O.C.G.A.
				 §§
											40-1-54;
				  33-1-24,  40-1-190,  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.03 - License Application

Current through Rules and Regulations filed through June 27, 2024
(1) Except as provided for by law, before any
				ride share network service, taxi service, or transportation referral service
				provider transports any passengers, refers any passengers to be transported by
				another person or entity, or connects any passengers with any other person or
				entity for transport on or over any public highway of the State of Georgia,
				said ride share network service, taxi service, or transportation referral
				service provider shall first register with and secure an annual license from
				the Department using a form or forms supplied by the Department and pay a fee
				of no more than $100.00 based upon the date on which the registration is made
				and as set forth on the registration forms. The filing fee shall accompany the
				registration, and the registration shall not be complete until the fee is paid.
				The registration fee is nonrefundable.
(2) A person or entity may register for a
				license as a ride share network service, a taxi service, and a transportation
				referral service (or any combination thereof) using a single registration,
				provided the following requirements are met:
(a) the registrant pays the required filing
				fee for each license for which the registrant is applying;
(b) the registrant indicates on their
				registration form(s) which license(s) the registrant is applying for;
				and
(c) the registrant meets all of
				the other requirements in these Rules and under federal and state law to
				receive and maintain all licenses for which they are applying.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.04 - License Period and Expiration

Current through Rules and Regulations filed through June 27, 2024
(1) Licenses issued pursuant to Rule
				 570-38-6-.03  and Rule  570-38-6-.06  shall be valid except as otherwise provided
				in this Subchapter for an annual period commencing on January
				1st of the year in which the license is granted and
				expiring on December 31st of the year in which the
				license is granted unless revoked, suspended, or amended. There is no grace
				period except as provided for in paragraph (3), below.
(2) Licenses renewed pursuant to Rule
				 570-38-6-.05  shall be valid except as otherwise provided in this Subchapter,
				for a period of one year, commencing on January 1st
				of the year following the expiration of the renewed license and expiring on
				December 31st of the same year unless revoked,
				suspended, or amended. There is no grace period except as provided for in
				paragraph (3) of this Rule.
(3)
				Failure to renew a license prior to the license's expiration shall result in
				expiration of the license, except that a registrant who has submitted a
				complete license renewal registration prior to the expiration of a license and
				whose license expiration date occurs while such registration is pending shall
				be deemed to have a current and unexpired license until the Department takes
				action with respect to the renewal registration.
(4) Except as provided for by law, any ride
				share network service, taxi service, or transportation referral service
				provider whose license has expired shall be required to obtain a new license as
				provided for in this Rule before any such ride share network service, taxi
				service, or transportation referral service provider transports any passengers,
				refers any passengers to be transported by another person or entity, or
				connects any passengers with any other person or entity for transport on or
				over any public highway of the state.
(5) Registrants cannot renew an expired
				license, but shall be required to complete another registration under Rule
				 570-38-6-.03, except that a registrant who has submitted a renewal registration
				prior to the expiration of their license shall be entitled to renewal of their
				license by the Department even following the expiration of their license so
				long as they are otherwise entitled to renewal under these Rules.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-192;
				  40-1-193;
				  40-1-193.1;
				  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.05 - License Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Applications to renew a license issued
				pursuant to this Rule must be submitted on a form designated by the Department
				no sooner than 90 days prior to the expiration of the license.
(2) Unless otherwise provided by these Rules
				or by the form designated by the Department for the purpose of renewing a
				license issued under these Rules, an applicant for a renewed license must
				comply with all of the requirements to which that applicant would be subject
				under Rule  570-38-6-.03  as a new registrant in order for the renewal
				application to be considered complete.
(3) Applications for renewal shall be
				accompanied by an annual renewal fee of no more than $100.00 as set forth on
				the application. A renewal application shall not be complete and ready for
				favorable Department action until such fee is paid. Such fees are
				nonrefundable.
(4) The Department
				shall renew a license if:
(a) the renewal
				application is complete;
(b) the
				registrant has complied with all requirements of state law pertaining to
				licensure as a ride sharing network service, taxi service, and/or
				transportation referral service provider; and
(c) the registrant has complied with all
				requirements of this Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.06 - Changes to Licensee's Information

Current through Rules and Regulations filed through June 27, 2024
(1) In the event of a change of a name or
				ownership by the holder of a license (including acquisition of controlling
				interest in a corporate entity), or the change of any information provided by
				the holder of a license pursuant to subparagraphs (4)(a) through (e) of Rule
				 570-38-6-.03, application for a replacement license shall be made to the
				Department and the old license surrendered to the Department before another
				license can be issued. The requirement for surrender of a registrant's old
				license may be waived at the Department's discretion, but such license will
				regardless become void and invalid upon the issuance of any subsequent license
				under this Rule.
(2) No fee shall
				be required from a license holder who applies for a replacement license
				pursuant to paragraph (1) of this Rule so long as that license holder's license
				is unexpired and otherwise valid under these Rules.
(3) An application for a replacement license
				shall be made in the same manner as for an original license, except that the
				license holder seeking a replacement license shall indicate on the application
				that they are seeking a replacement for an existing license.
(4) A replacement license shall be requested
				no later than
(a) 30 days following the event
				or change requiring the replacement license; or
(b) The last day for renewal of the existing
				license pursuant to Rule  570-38-6-.04, whichever is sooner.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.07 - Transferability of License

Current through Rules and Regulations filed through June 27, 2024
Any license issued by the Department pursuant to this
				 Subchapter shall not be assignable or transferable to any other person, firm,
				 corporation, or other entity, except as provided in this
				 Subchapter.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-192;
				  40-1-193;
				  40-1-193.1;
				  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.08 - Copies of License to be Maintained by Licensee

Current through Rules and Regulations filed through June 27, 2024
(1) Ride share network services, taxi
				services, and transportation referral service providers licensed in accordance
				with this Subchapter shall maintain their original license or a photocopy
				thereof within their office(s) or principal place of business within this
				state. If a ride share network service, taxi service, or transportation
				referral service provider does not have an office or a principal place of
				business within this state, the ride share network service, taxi service, or
				transportation referral service shall maintain their original license or a
				photocopy thereof at a location or in a manner which allows the license or
				photocopy to be readily displayed to a member of the public within this state
				or the Department upon reasonable request. A ride share network service, taxi
				service, or transportation referral service provider may satisfy the
				requirements of this paragraph by maintaining an electronic copy of its license
				on a publicly available website and by doing so shall be deemed to be in
				compliance with this paragraph regardless of whether such ride share network
				service, taxi service, or transportation referral service provider has an
				office or principal place of business within the state.
(2) Ride share network services, taxi
				services, and transportation referral service providers shall maintain a copy
				of their license in every motor vehicle it owns or leases which are required to
				be registered with the Department of Public Safety. A ride share network
				service, taxi service, or transportation referral service provider shall be
				deemed to be in compliance with this paragraph if the driver operating a
				vehicle subject to this paragraph is capable of displaying in either print or
				electronic format the license number of the ride share network service, taxi
				service, or transportation referral service provider which owns or leases the
				vehicle.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-192;
				  40-1-193;
				  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.09 - Suspension or Revocation of License

Current through Rules and Regulations filed through June 27, 2024
(1) A license issued pursuant to this
				Subchapter may be suspended or revoked by the Department for any reason
				authorized by law and as required to ensure compliance with this
				Chapter.
(2) Except where otherwise
				provided for by law, prior to suspension or revocation of a license pursuant to
				paragraph (1) of this Rule, the person or entity holding that license shall be
				provided notice and an opportunity for a hearing. Notice shall be made by
				certified mail to the most recent address provided by the license holder
				pursuant to subparagraph (4)(b) of Rule  570-38-6-.03  and as updated by Rules
				 570-38-6-.05  and  570-38-6-.06.
(3)
				A license holder shall be notified of the Department's decision to suspend or
				revoke a license by certified mail to the most recent address provided by the
				license holder pursuant to subparagraph (4)(b) of Rule  570-38-6-.03  and as
				updated by Rules  570-38-6-.05  and  570-38-6-.06.
(4) Notice under this rule shall be deemed
				effective by the earlier of
(a) the date upon
				which delivery by certified mail is made of the notice; or
(b) three days after notice is sent by
				certified mail to the license holder.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.10 - Required Records

Current through Rules and Regulations filed through June 27, 2024
(1) Each person or entity licensed as a
				transportation referral service provider shall be required to
(a) maintain a list of all limousine carriers
				and taxi services that it utilizes to provide transportation services in this
				state which includes, at a minimum:
1. the
				name of each limousine carrier or taxi service;
2. the license number(s) issued to each
				limousine carrier or taxi service by the Department;
3. the current business address of each
				limousine carrier or taxi service; and
4. the current business telephone number of
				each limousine carrier or taxi service;
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.11 - Ride Share Drivers; Required Digital Identification

Current through Rules and Regulations filed through June 27, 2024
Each ride share driver utilized by a ride share network
				 service, whether such driver is employed directly by the ride share network
				 service or operates as an independent contractor, shall maintain on his or her
				 smartphone digital identification containing, in addition to that information
				 listed by O.C.G.A. §
									40-1-193(d), the following information while active on the ride share network service's
				 digital network:
(1) the ride share
				network service's license number issued by the Department;
(2) the expiration date of the ride share
				network service's license issued by the Department; and
(3) a clearly visible and easily
				distinguishable indication of the current status of the ride share network
				service's license status, whether current, expired, suspended, revoked, or
				other.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-193;
				  40-1-198.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.12 - Display of Emblems by Ride Share Drivers

Current through Rules and Regulations filed through June 27, 2024
A ride share network service may submit to the Department for
				 approval distinctive signage or an emblem to be used by all ride share drivers
				 utilized by that ride share network service, whether such drivers are employed
				 directly by the ride share network service or operate as an independent
				 contractor, and the Department may approve the use of such signage of emblem by
				 all such drivers. Ride share drivers properly displaying such approved emblems
				 shall be deemed to be in compliance with O.C.G.A. §
									40-1-195(b).
O.C.G.A.
				 §§
											40-1-54;
				  40-1-195;
				  40-1-198.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-6 - TRANSPORTATION NETWORK COMPANIES AND TAXI SERVICES › Rule 570-38-6-.13 - Display of License Number in Advertisements

Current through Rules and Regulations filed through June 27, 2024
(1) A ride share network service, taxi
				service, transportation referral service, or transportation referral service
				provider which violates O.C.G.A. §
									40-1-195(a) shall be required to pay a civil penalty as provided for in that code section
				after notice and an opportunity for a hearing unless the violator consents in
				writing to such penalties.
(2)
				Notice under this rule shall be made by certified mail to the most recent
				address provided by the license holder pursuant to paragraph (4)(b) of Rule
				 570-38-6-.03  and as updated by Rules  570-38-6-.05  and  570-38-6-.06. If the
				person or entity is not a license holder, notice shall be made by certified
				mail to the person or entity's last known address based upon reasonable efforts
				by the Department to ascertain the person or entity's most current
				address.
(3) A person or entity
				shall be notified of the Department's decision to assess a civil penalty
				against that person, or entity. Notice shall be made by the method described in
				paragraph (2) of this Rule.
(4)
				Notice under this rule shall be deemed effective by the earlier of
(a) the date upon which delivery by certified
				mail is made of the notice to the license holder, person, or entity;
				or
(b) three days after notice is
				sent by certified mail to the license holder, person, or entity.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to all towing and storage firms
				 that engage or intend to engage in the practice of nonconsensual
				 towing.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.03 - Permit Required to Perform Nonconsensual Towing

Current through Rules and Regulations filed through June 27, 2024
(1) No towing and
				storage firm shall engage in the practice of nonconsensual towing or hold
				itself out as being authorized to engage in the practice of nonconsensual
				towing on or over any public highway of the State of Georgia unless such firm
				first secures a nonconsensual towing permit from the Department.
(2) The Department may assess any penalty
				authorized by law upon finding that any person or entity is performing or
				holding itself out as authorized to perform nonconsensual towing on or over any
				public highway of the State of Georgia in violation of this Subchapter of
				O.C.G.A. §
									44-1-13.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.04 - Application for NCT Permit

Current through Rules and Regulations filed through June 27, 2024
(1) A towing or storage firm may apply for a
				nonconsensual towing permit from the Department by submitting a written
				application in the form prescribed by the Department. The applicant shall
				include upon the application all information deemed necessary by the Department
				and authorized by law for the Department to require as part of the application
				process.
(2) The business name
				provided by the applicant in its application must match the business name
				listed on all additional documentation the applicant is required or requested
				to submit to the Department in accordance with law or these Rules during the
				application process or while operating as a towing and storage firm.
(3) Applicants shall be required to pay an
				annual filing fee of $300.00. Such filing fee shall accompany the application,
				which shall not be complete and ready for favorable Department action until
				such fee is paid. Such fee is nonrefundable upon Department denial of the
				application, applicant's withdrawal of the application, or for any other
				reason. The permit shall be issued on an annual basis.
(4) The Department shall issue a
				nonconsensual towing permit if:
(a) The
				applicant's application is complete;
(b) The applicant has paid the required
				annual filing fee;
(c) The
				applicant has complied with all other requirements of state law and these Rules
				relevant to the receipt of a permit to perform nonconsensual towing;
				and
(d) The applicant demonstrates
				the willingness and ability to comply with (1) the laws of Georgia, (2) the
				rules and regulations of the Department related to NCT Carriers, (3) the
				Maximum Rate Tariff, and (4) the orders of the Department pertaining to NCT
				Carriers.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.05 - NCT Permit Period and Expiration

Current through Rules and Regulations filed through June 27, 2024
(1) Permits issued pursuant to Rule
				 570-38-7-.03  shall be valid except as otherwise provided in this Subchapter,
				from the date of issuance through a period of one year expiring on midnight of
				the expiration date shown on the permit, unless revoked, suspended or amended.
				There is no grace period except as provided in paragraph (3) of this
				Rule.
(2) Permits renewed pursuant
				to Rule  570-38-7-.05  shall be valid except as otherwise provided in this
				Subchapter from the date of renewal for a period of one year expiring on
				midnight of the expiration date shown on the permit, unless revoked, suspended,
				or amended. There is no grace period except as provided for in paragraph (3) of
				this Rule.
(3) Failure to renew a
				NCT permit prior to the permit's expiration shall result in expiration of the
				permit, except that a permit holder who has submitted a complete permit renewal
				application prior to the expiration of a permit and whose permit expiration
				date occurs while such application is pending shall be deemed to have a current
				and unexpired permit until the Department takes action with respect to the
				renewal application.
(4) Except as
				provided for by law, any towing and storage firm whose permit has expired shall
				be required to obtain a new permit as provided for in this Subchapter before
				any such towing and storage firm engages in the practice of nonconsensual
				towing or holds itself out as being authorized to engage in the practice of
				nonconsensual towing on or over any public highway of the State of
				Georgia.
(5) Except as otherwise
				authorized by the Department, towing and storage firms cannot renew an expired
				permit, but shall be required to complete another application under Rule
				 570-38-7-.03, except that a permit holder who has submitted a renewal
				application prior to the expiration of their permit shall be entitled to
				renewal of their permit by the Department even following the expiration of
				their permit so long as they are otherwise entitled to renewal under these
				Rules.
O.C.G.A.
				 §§
											40-1-54;
				  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.06 - NCT Permit Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Applications to renew a permit issued
				pursuant to this Rule must be submitted on a form designated by the Department
				no sooner than 60 days prior to the expiration of the permit.
(2) Unless otherwise provided by these Rules
				or by the form designated by the Department for the purpose of renewing a
				permit issued under this Subchapter, an applicant for a renewed permit must
				comply with all of the requirements to which that applicant would be subject
				under Rule  570-38-7-.03  as a new applicant in order for the renewal application
				to be considered complete.
(3)
				Applications for renewal shall be accompanied by an annual renewal fee of no
				more than $300.00 as set forth on the application. A renewal application shall
				not be complete and ready for favorable Department action until such fee is
				paid. Such fees are nonrefundable.
(4) The Department shall renew a permit if:
(a) The applicant's application is
				complete;
(b) The applicant has
				paid the required annual filing fee;
(c) The applicant has complied with all other
				requirements of state law and these Rules relevant to the receipt of a permit
				to perform nonconsensual towing; and
(d) The applicant demonstrates the
				willingness and ability to comply with (1) the laws of Georgia, (2) the rules
				and regulations of the Department related to NCT Carriers, (3) the Maximum Rate
				Tariff, and (4) the orders of the Department pertaining to NCT
				Carriers.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.07 - Changes to NCT Permit Holder's Information

Current through Rules and Regulations filed through June 27, 2024
(1) In the event of a change of a name or
				ownership by the holder of an NCT permit (including acquisition of controlling
				interest in a corporate entity), or the change of any information provided by
				the holder of or applicant for a permit in their most recent application for an
				NCT permit or renewal, application for a replacement permit shall be made to
				the Department and the old permit surrendered to the Department before another
				permit can be issued. The requirement for surrender of a applicant's old permit
				may be waived at the Department's discretion, but such permit will regardless
				become void and invalid upon the issuance of any subsequent permit under this
				Rule.
(2) No fee shall be required
				from a permit holder who applies for a replacement permit pursuant to paragraph
				(1) of this Rule so long as that permit holder's permit is unexpired and
				otherwise valid under these Rules.
(3) An application for a replacement permit
				shall be made in the same manner as for an original permit, except that the
				permit holder seeking a replacement permit shall indicate on the application
				that they are seeking a replacement for an existing permit.
(4) A replacement permit shall be requested
				no later than
(a) 30 days following the event
				or change requiring the replacement permit; or
(b) The last day for renewal of the existing
				permit pursuant to Rule  570-38-7-.04, whichever is sooner.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.08 - Transferability of NCT Permit

Current through Rules and Regulations filed through June 27, 2024
Any NCT permit issued by the Department pursuant to this
				 Subchapter shall not be assignable or transferable to any other person, firm,
				 corporation, or other entity, except as provided for in this Subchapter or as
				 otherwise authorized by the Department. In accordance with Rule  570-38-7-.07, a
				 NCT permit holder or applicant may apply for a replacement permit due to a
				 change in name or ownership without violating this Rule.
O.C.G.A.
				 §§
											40-1-54;
				  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.09 - Copies of NCT Permit to be Maintained by Permit Holder

Current through Rules and Regulations filed through June 27, 2024
NCT permit holders shall post and keep in a conspicuous place
				 at their main office their most recent NCT permit. NCT permit holders shall
				 carry a copy of such permit in the cab of any wrecker or tow truck operated
				 under the authority of such permit.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.10 - Suspension or Revocation of NCT Permit

Current through Rules and Regulations filed through June 27, 2024
(1) A NCT permit issued pursuant to this
				Subchapter may be suspended or revoked by the Department for any reason
				authorized by law and as required to ensure compliance with this
				Chapter.
(2) Except where otherwise
				provided for by law, prior to suspension or revocation of a permit pursuant to
				paragraph (1) of this Rule, the permit holder shall be provided notice and an
				opportunity for a hearing. Notice shall be made by certified mail to the most
				recent address provided by the permit holder in their application for a permit,
				renewal of a permit, or a replacement permit.
(3) A permit holder shall be notified of the
				Department's decision to suspend or revoke a permit by certified mail to the
				most recent address provided by the permit holder in their application for a
				permit, renewal of a permit, or a replacement permit.
(4) Notice under this rule shall be deemed
				effective by the earlier of
(a) the date upon
				which delivery by certified mail is made of the notice; or
(b) three days after notice is sent by
				certified mail to the license holder.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.11 - Public Liability and Property Damage Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) A towing and
				storage firm issued a permit to conduct nonconsensual towing must maintain a
				commercial insurance policy with the minimum liability insurance coverage
				prescribed by the Department on all vehicles used in its business in intrastate
				commerce (origin and destination wholly within the state) as follows:
(a) $100,000 limit for bodily injury to or
				death of one person
(b) $300,000
				limit for bodily injuries to or death of total persons in one
				accident
(c) $50,000 loss or damage
				in any one accident to property of others
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.12 - Equipment

Current through Rules and Regulations filed through June 27, 2024
(1) Wrecker services
				engaged in transporting vehicles in nonconsensual towing must apply for and
				maintain a Georgia Intrastate Motor Carrier Registration (GIMC) or the Unified
				Carrier Registration (UCR), as applicable, in accordance with O.C.G.A. §
									40-2-140.
(2) Each vehicle operating under authority of
				a nonconsensual towing permit must carry a copy of the permit in the cab of the
				vehicle. The copy shall be presented to any investigator or enforcement officer
				of the Department upon request.
(3)
				Vehicles utilized in nonconsensual towing shall be distinctly marked and
				identified with the name of the motor carrier and motor carrier identification
				number (GA DOT or USDOT number). The size, shape and color of such marking
				shall be in compliance with Title 49, CFR, Part 390.21.
(4) All vehicles utilized by the wrecker
				companies for nonconsensual towing must be equipped with the following:
(a) Valid license plate,
(b) Fire extinguisher,
(c) Stopped vehicle warning device,
				and
(d) Tow away lamps (tail, stop
				and turn signal lights for vehicles being towed).
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.13 - Maximum Rates Established by the Department

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall establish a maximum
				rate tariff applicable to towing and storage firms performing nonconsensual
				towing in this State.
(2) The
				maximum rate tariff established by the Department shall be available to towing
				and storage firms and the public at the Department's website, and the Section
				shall make available to towing and storage firms a copy of the maximum rate
				tariff upon reasonable request.
(3)
				In accordance with the Department's authority under O.C.G.A. §
									40-1-8(c)(1), the maximum rate tariff established by the Department pursuant to this Rule may
				include and impose upon towing and storage firms additional rules, regulations,
				restrictions, duties, and other provisions relevant to nonconsensual towing. To
				the extent that a maximum rate tariff includes any such rules, regulations,
				restrictions, duties, and/or other provisions, it shall be adopted by
				administrative order in accordance with the requirements of O.C.G.A. §
									40-1-8(c)(1).
(4) At least 30 days prior to any change in
				the maximum rate tariff established by this Rule, the Department shall make
				available a copy of the proposed revised tariff to NCT permit holders and the
				public and shall conspicuously note thereupon the expected effective date of
				the revised tariff. The Department shall provide for a method by which NCT
				permit holders and members of the public may comment upon the revised proposed
				tariff and may, but shall not be required to, make modifications to the
				proposed revised tariff in response to such comments. The Department may, but
				shall not be required to, modify the effective date of the proposed revised
				tariff in response to comments received and modifications made to the proposed
				revised tariff.
(5) No towing and
				storage firm performing nonconsensual towing services shall charge a rate
				higher than the rates prescribed by the Department's maximum rate tariff for
				any such services. A towing and storage firm that violates this rule is subject
				to adverse action pursuant to Rule  570-38-1-.09.
(6) No towing and storage firm shall charge
				or collect a storage fee or a fee that is effectively a storage fee:
(a) for the first 24-hour period from the
				time a motor vehicle is removed from private property;
(b) for any day on which the impound lot
				where a vehicle is stored is closed or the vehicle is otherwise unavailable to
				the vehicle owner for redemption; or
(c) once the vehicle has been claimed and
				payment is tendered to the towing and storage firm in the amount specified on
				the receipt and the vehicle has been removed from the impound
				facility.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.14 - Signs Specifications

Current through Rules and Regulations filed through June 27, 2024
(1) Owners of private property shall place
				signs that conform to the requirements of this Rule within 50 feet of each
				designated entrance to a parking lot or parking area where parking prohibitions
				apply and where they have authorized non-consensual towing, except that if it
				is not feasible to place such signs within 50 feet of such entrances due to
				terrain, landscaping, or other factors, such signs shall be placed as close as
				feasible to such entrances and shall otherwise comply with the requirements of
				this Rule. Where there is no designated entrance, such signs shall be posted so
				as to be clearly visible from each and every parking space. Such signs shall be
				a minimum of 12 inches by 18 inches with a minimum of 3/4 inch lettering.
				The words "Private Parking" shall be printed in Bold with a minimum of
				11/2 inch lettering. Signs need not be visible from areas of private
				property that are not designed for parking of vehicles so long as the owner of
				such property has posted signs that are otherwise in compliance with this
				rule.
(2) Such signs located at a
				designated entrance to a parking lot shall be at least four feet above the site
				grade. Where there is no designated entrance, such signs shall be six feet
				above the site grade. Posted signs must be free of any natural or man-made
				interference and be clearly visible.
(3) Such signs shall also include the
				following:
(a) A warning that unauthorized
				vehicles will be towed;
(b) Towing
				and storage company name, address, and telephone number and impound lot
				location where towed vehicles may be retrieved;
(c) Towing fees and daily storage
				fees;
(d) Hours of Operation;
				and
(e) Method of payment shall be
				as specified in Rule  570-38-7-.03(2).
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.15 - Requests for Nonconsensual Towing

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be unlawful and a violation of
				these Rules for a towing and storage firm to engage in nonconsensual towing
				without an authorized contract signed by the property owner or other authorized
				agent for the property owner of the subject property and the towing company in
				the form prescribed by the Department. A copy of the contract shall be made
				available to the Department representatives, upon request. The contract must
				contain the name, address and phone number of the respective towing company,
				the location of the impoundment facility, and hours of operation. The contract
				may contain costs for removal of the vehicle and the charges for storage of
				towed vehicles, in which case such costs and charges shall not exceed those
				authorized by this Subchapter. The contract must also contain the names and
				contact number(s) of the person(s) authorized to request the removal of a
				vehicle from said property.
(2) A
				towing and storage firm shall not perform nonconsensual towing unless the
				requested nonconsensual towing movement is specifically and individually
				requested on the day the removal takes place from the real property owner or
				his contractually-designated agent. The request may be made by telephone call
				or in writing in either printed or electronic form. The request must
				specifically identify and request removal of the vehicle or vehicles to be
				towed or removed. The real property owner or his contractually-designated agent
				must receive an original written tow authorization or tow bill dated and signed
				on the date of the tow by the real property owner or such property owner's
				designated agent. The tow authorization or tow bill may be transmitted and
				returned in person at the scene of the tow, by facsimile or by email, on the
				date of the tow, on forms prescribed by the Department. The tow authorization
				or bill must be signed by the real property owner or contractually-designated
				agent and shall include:
(a) The name of the
				business or property;
(b) The name
				and title of the real property owner or contractually designated
				agent;
(c) The name of the party
				who requested the removal;
(d) The
				specific location of the requested removal;
(e) Vehicle identifying information: make,
				model, color, license plate state and number; and
(f) For authorizations transmitted by email,
				a statement that the transmittal serves as authorization from the business
				owner to proceed with removal.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.16 - Vehicle Not Towed Upon Operator Returning

Current through Rules and Regulations filed through June 27, 2024
(1) The operator or driver employed by a
				towing and storage firm summoned to tow away any vehicle from private property
				shall not tow the vehicle away and shall not charge any fee if:
a. The vehicle has not yet been hooked by a
				hoisting apparatus, including wheel dollies, or loaded by the towing and
				storage firm onto or behind its wrecker; and
b. The operator or owner of the vehicle returns,
				produces the ignition key to the vehicle and immediately removes the vehicle
				from the private property.