Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-4 - MOTOR CARRIER SAFETY RULES › Rule 515-16-4-.01 - Motor Carrier Safety (Adoption of Federal Motor Carrier Safety Rules)

Current through Rules and Regulations filed through June 27, 2024
The Motor Carrier Safety Regulations issued by the United
				  States Department of Transportation, Federal Motor Carrier Safety
				  Administration (hereinafter "FMCSA"), contained in Title 49 of the Code of
				  Federal Regulations, Parts 350, 382, 383, and 390 through 397, as now in force
				  and as hereafter amended (hereinafter referee to as "the Federal Safety
				  Rules"), are by this Rule made Transportation Rules of this Commission for all
				  carriers regulated by this Commission; and the Commission Staff shall enforce
				  such Federal Motor Carrier Safety Rules and cooperate with other State and
				  local law enforcement agencies in doing so to the extent such Federal Safety
				  Rules are applicable to carriers regulated by the Commission. These Federal
				  Safety Rules are prescribed by the FMCSA as minimum standards for observance
				  and enforcement by cooperating State agencies, and the individual states such
				  as Georgia cannot promulgate less stringent motor carrier safety rules. Due to
				  the volume of such Federal Safety Rules and to the frequent changes made
				  therein by the FMCSA and because the FMCSA publishes and makes readily
				  available such Federal Motor Carrier Safety Rules at minimal cost, the
				  Commission will not reproduce such Federal Safety Rules here. Current copies of
				  the above-referenced and adopted Federal Motor Carrier Safety Rules may be
				  obtained from the FMCSA in Washington, D.C., from the U.S. Government Printing
				  Office, Superintendent of Documents, Washington, D.C. 20402, or from local U.S.
				  Government Bookstores in the Atlanta area. In addition, such Federal Motor
				  Carrier Safety Rules may be accessed on-line at the FMSCA website on the
				  Internet. If and when this Commission undertakes to adopt motor carrier safety
				  rules more stringent than such Federal Motor Carrier Safety Rules, the
				  Commission will adhere to the provisions of the Georgia Administrative
				  Procedure Act with due publication, notice, and solicitation and consideration
				  of comments from regulated carriers and the public. Moreover the Commission
				  recognizes that the Georgia Department of Public Safety ("GDPS") has primary
				  authority for promulgating and enforcing motor carrier safety rules under
				  O.C.G.A. § 46-7-26; and the Commission will defer to and cooperate with the
				  GDPS in enforcing such Rules to insure that motor carriers under the
				  jurisdiction of this Commission abide by such State motor carrier safety
				  regulations (including the Federal Motor Carrier Safety Regulations). In the
				  Federal Motor Carrier Safety Regulations adopted by reference in this Rule and
				  applicable throughout this Chapter 515-16-4, any reference to the "Operations
				  Manager" and/or "Associate Administrator, Federal Motor Carrier Safety
				  Administration," shall be interpreted to mean Director, Transportation Unit,
				  Georgia Public Service Commission, except insofar as the term relates to
				  preemption. All references to "interstate" commerce in the Federal Motor
				  Carrier Safety Regulations adopted hereby shall be interpreted for the purposes
				  of this Chapter 515-16-4 to mean "intrastate" commerce in Georgia. It is the
				  intent of the Commission that its Transportation Rules (including its motor
				  carrier safety rules) shall apply only to intrastate carriers and
				  operations.
Authority
				  49 USCA Secs.
				  13101,
				  13702,
				  14501,
				  14504, O.C.G.A. Secs.
				  46-2-30, 46-7-2,
				  46-7-27.