reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-33 - MOTORCYCLE ENFORCEMENT UNIT › Rule 570-33-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Rule, the term:
(1) "Motorcycle Enforcement Unit" means the
			 Department of Public Safety Uniform Division Motorcycle Enforcement Unit which
			 may make arrests and issue citations pursuant to O.C.G.A. §
								35-2-32, O.C.G.A. §
								35-2-33, O.C.G.A. §
								15-21-2(a)(2), and O.C.G.A. §
								40-13-26.
(2) "Urban interstate system" means a portion
			 of the national system of interstate and defense highways which:
(a) is located entirely within any part of
			 this state; and
(b) Includes a
			 single numbered interstate highway which forms a closed loop or perimeter.
			 Where these conditions exist, the urban interstate system shall consist of the
			 interstate highway constituting the closed loop or perimeter and all interstate
			 highways or portions thereof located within such loop or perimeter, not
			 including any portion of any interstate highway outside of the loop or
			 perimeter.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-33 - MOTORCYCLE ENFORCEMENT UNIT › Rule 570-33-.02 - Enhancement and Maintenance of the Motorcycle Enforcement Unit

Current through Rules and Regulations filed through June 27, 2024
The Motorcycle Enforcement Unit shall use the funds derived
				from fines, pursuant to O.C.G.A. §
								15-21-2(a)(2) 
				 and  O.C.G.A. §
								40-13-26, for the enhancement and maintenance of the Unit.
(a) Any and all unused funds derived from
			 fines for maintenance and enhancement of the Unit in any given fiscal year
			 shall be reserved for use in the Unit's budget for subsequent fiscal
			 years.
(b) The Commissioner shall
			 have the authority to determine the size of the Unit, the equipment necessary
			 for the proper operation of the Unit, and shall have the right to authorize and
			 determine when maintenance and enhancement are appropriate.
O.C.G.A. Secs.
				  15-21-2,  40-13-26.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-33 - MOTORCYCLE ENFORCEMENT UNIT › Rule 570-33-.03 - Payment and Collection Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) The clerks of the various Courts, as
			 defined in Rule
			  570-33-.01(3), or
			 the judge of the probate court, or the person presiding over the municipal
			 court, who receive fines generated from arrests or traffic citations made or
			 issued by a member of the Uniform Division of the Motorcycle Enforcement Unit
			 shall, after court costs, remit the remainder of said fines to the Georgia
			 Department of Public Safety.
(a) Payments
			 shall be paid to the Department of Public Safety by the fifteenth day of each
			 month, for the previous month, in the following manner:
(i) Said remittance should be made by check
			 made payable to the Department of Public Safety;
(ii) Said check shall include a list showing
			 the following documentation for each case:
1.
			 defendants' names,
2. fine
			 imposed,
3. costs and to whom paid,
			 and
4. balance being paid to the
			 Department of Public Safety.
(iii) The check and documentation shall be
			 mailed to the Department of Public Safety, Attention Accounting Director, Post
			 Office Box 1456, Atlanta, Georgia 30371-1456, or delivered to the Department at
			 959 East Confederate Avenue, Atlanta, Georgia 30371.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
"As Is - Where Is" means that the vehicle is acquired without
				warrant, express or implied, as to completeness, kind, character, or quality of
				any property, or its fitness for any use or purpose. Returns and/or exchanges
				of any "vehicles for sale" are not authorized.
"Auction Vendor" means the Department of Public Safety's
				contracted vendor for auction of vehicles specified for public auction per rule
				 570-34-.05.
"Auction Vehicle" means any vehicle not sold to a qualifying
				County or City Governmental entity as provided for in rule
				 570-34-.02.
"Department" means the Georgia Department of Public Safety
				("DPS").
"Political subdivision" means any county or municipality of
				this state.
"Vehicle(s) for Sale" means a motor vehicle to which the
				Georgia Department of Public Safety has title and is authorized to sell under
				O.C.G.A. Code Section
				  35-2-58 and  that has been designated for sale by the Headquarters
				Adjutant.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.02 - Order of Priority In Disposition

Current through Rules and Regulations filed through June 27, 2024
(a) In the disposition of a vehicle for sale,
			 the Department shall give first priority of sales to political subdivisions
			 within the state. Vehicle(s) for sale thus sold must be for the use of the
			 recipient agency or political subdivision with the title being in such agency,
			 unit or organization.
(b) Vehicles
			 shall be listed for sale on the Department's Website periodically as for sale
			 with an initial listing date, mileage, make, model year, vehicle identification
			 number ("VIN"), description of the general condition of the vehicle (such as
			 Fair, Good, or Excellent), sales price, and location for viewing at designated
			 times.
(c) The value of model
			 specific equipment (such as push bumpers, sirens, speakers, light-bars,
			 consoles, and cages) shall be incorporated in the sales price.
(d) Any Vehicle not sold to a political
			 subdivision within thirty (30) days of listing for sale shall become eligible
			 for Department sale to the general public through the Auction Vendor.
(e) No employee of the Department or such
			 employee's immediate family member shall purchase a vehicle sold by fixed price
			 or negotiated sale for the direct or indirect benefit of any such employee or
			 employee's immediate family member.
(f) The Headquarters Adjutant may immediately
			 remove for auction or disposal a vehicle damaged in an accident or with a
			 mechanical defect making it inoperable.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.03 - First-come, First-served

Current through Rules and Regulations filed through June 27, 2024
(a) Vehicle sales to political subdivisions
			 are available on a first-come, first-served basis. The first eligible political
			 subdivision presenting the Department with the full amount of the sale price
			 shall be deemed the purchaser of the vehicle.
(b) The Department reserves the right to deny
			 any transfer at its discretion and whose decision is final.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.04 - Transfer to Political Subdivision by Negotiated Sale; Conditions

Current through Rules and Regulations filed through June 27, 2024
When any vehicle is sold to a political subdivision, pursuant
				to Rule
				 570-34-.02  and Rule
				 570-34-.03, such transfer shall be
				subject to the following conditions:
(a) The vehicle shall not be resold by any
			 such political subdivision within one year after the transfer without the
			 written consent of the Department;
(b) The Department shall have the right,
			 which shall be exercised at its discretion, to supervise the resale of the
			 property at public outcry to the highest responsible bidder if the resale of
			 the property is within one year after such transfer.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.05 - Auction of Vehicles to the Public

Current through Rules and Regulations filed through June 27, 2024
(a) Vehicles not sold to political
			 subdivisions may be auctioned through the Department's Auction Vendor under the
			 terms set by the Department's agency contractor with said vendor. A vehicle may
			 be determined to immediately be an Auction Vehicle without being offered as a
			 Vehicle for Sale to the local political subdivisions, at the discretion of the
			 Headquarters Adjutant, when the vehicle's condition is of poor
			 quality.
(b) Vehicles for Sale will
			 be eligible for the Department to sell as an Auction Vehicle at the
			 Department's discretion after the minimum of the 30-day listing has expired;
			 however, there is no requirement that vehicles be transferred within this
			 timeframe, and, depending upon factors such as space and potential sales, the
			 Department may opt to retain vehicles for sale for an extended timeframe as
			 determined by the Headquarters Adjutant.
(c) Equipment such as push bumpers, sirens,
			 speakers, light-bars, consoles, and cages shall be removed prior to auction for
			 reuse by the Department, if possible, or, where reuse is not a viable option,
			 such equipment shall be sold for salvage value.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.06 - Valuation of Vehicle for Sale to Public Entity

Current through Rules and Regulations filed through June 27, 2024
(a) The pricing of all surplus fleet vehicles
			 to political subdivisions will be researched and determined by the Department's
			 Property staff based upon references provided by the Kelley Blue Book Private
			 Values. The Pricing will be based upon mileage of each individual vehicle and
			 its condition (such as Fair, Good, or Excellent) as defined by Kelley Blue
			 Book.
(b) The Headquarters Adjutant
			 has the discretion to include in the sales price of vehicles to political
			 subdivisions equipment maintained on the vehicle (such as law enforcement
			 lights, cages, bumpers, etc.) or to remove such equipment for scrap or reuse by
			 the Department as deemed appropriate.
(c) With the permission of the Commissioner,
			 the Headquarters Adjutant may uniformly reduce the price of all comparable
			 vehicles to help facilitate disposal of such vehicles.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.07 - Payment

Current through Rules and Regulations filed through June 27, 2024
(a) All payments by
			 political subdivisions must be in the form of cash, cashier's check, certified
			 check, or postal money order (made payable to the "Georgia Department of Public
			 Safety"), or other method approved by the Department's Comptroller. Payment
			 must be made at the time of purchase. No property may be removed prior to full
			 payment of the purchase price. Payments for sales shall be made at the
			 Department site where the property is located.
(b) If payment is not received, the sale is
			 not complete and the item is available as per Rule
			  570-34-.03.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.08 - State Does Not Guarantee

Current through Rules and Regulations filed through June 27, 2024
(a) The description of the property offered
			 for sale is compiled from available information. All vehicles are sold "as is"
			 and "where is" with no discounts, warranties, or other incentives
			 offered.
(b) All property offered
			 for sale or a portion thereof is subject to withdrawal at any time at the
			 discretion of the Department's Headquarters Adjutant.
(c) A refund or an adjustment will not be
			 made due to property not meeting expectations, a political subdivision's
			 failure to inspect prior to sale, or change of condition of property from the
			 time of award to the time of pickup.
(d) Any cost of weighing, packaging, crating,
			 loading or hauling vehicle is assumed by the purchaser unless otherwise
			 provided.
(e) A vehicle may be
			 inspected where the vehicle sits. The vehicle may be started and run for a
			 brief time but not test-driven.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.09 - Failure to Pay or Remove Property

Current through Rules and Regulations filed through June 27, 2024
(a) If an eligible political subdivision
			 fails to pay in full for the vehicle(s) at the time of sale, the property may
			 be resold as provided for
			  570-34-.03, on a first-come, first-
			 served basis.
(b) All Vehicles must
			 be removed on or before the date indicated on the sales receipt. The date of
			 removal on the receipt shall be at the discretion of the Administrative
			 Services Captain in charge of the garage facilities (utilizing factors such as
			 available space to store vehicles and incoming and outgoing
			 inventory).
(c) Vehicles may only
			 be removed by appointment. Purchasers should coordinate and schedule pick-up
			 appointments with the designated point of contact on the Department's
			 website.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.10 - Personal and Property Risk

Current through Rules and Regulations filed through June 27, 2024
Persons attending during exhibition, sale, or removal of
				vehicles assume all risks of damage or loss to persons and property and
				specifically release the Department and the State of Georgia from
				liability.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-34 - VEHICLE SALES PROGRAM › Rule 570-34-.11 - Vehicle Titles and Emissions

Current through Rules and Regulations filed through June 27, 2024
The Department will turn over the existing title or certificate
				upon receipt of payment. It is the Buyer's responsibility to apply for a new
				title. Titles may be subject to any restrictions as indicated in the item
				description on the website. Open titles cannot be issued. Titles must be issued
				in the name of the Political Subdivision purchasing the vehicle(s). The
				Department will not issue replacement titles.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-35 - [Repealed] › Rule 570-35-.01

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.02

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.03

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.04

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.05

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.06

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.07

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.08

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										40-1-54;
				  40-1-192;
				  40-1-193;
				  40-1-193.1;
				  40-1-194;
				  40-1-197.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-35 - [Repealed] › Rule 570-35-.09

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										40-1-54;
				  40-1-192;
				  40-1-193;
				  40-1-193.1;
				  40-1-197;
				  40-1-198.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-35 - [Repealed] › Rule 570-35-.10 - Repealed

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.11

Current through Rules and Regulations filed through June 27, 2024
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 570-35 - [Repealed] › Rule 570-35-.12

Current through Rules and Regulations filed through June 27, 2024
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 570-36 - [Repealed] › Rule 570-36-.12

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										40-1-54,  40-1-55,  40-1-56,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-37 - TIRE CHAINS › Rule 570-37-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of this regulation is to establish the type of tire
				chains and other traction devices which comply with O.C.G.A. §
								32-6-5.
O.C.G.A. §§
									32-6-5,  40-1-54.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-37 - TIRE CHAINS › Rule 570-37-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this Chapter,
(a) "Commissioner" shall mean the
			 Commissioner of Public Safety of the State of Georgia.
(b) "Other Traction Devices" shall mean any
			 device, which when in use, is affixed to or in contact with the drive wheels of
			 a commercial vehicle and provides a level of additional traction greater than
			 or equal to a tire chain as defined in this part.
(c) "Tire Chain" shall mean metal chains
			 which consist of two circular metal loops, positioned on each side of a tire,
			 connected by not less than nine evenly spaced chains across the tire tread or
			 any other traction devices as provided for by rules and regulations of the
			 commissioner of public safety.
O.C.G.A. §§
									32-6-5,  40-1-54.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-37 - TIRE CHAINS › Rule 570-37-.03 - Standards

Current through Rules and Regulations filed through June 27, 2024
Any tire chain or other traction which meets the requirements
				as defined in this chapter shall be approved by the commissioner of public
				safety.
O.C.G.A. §§
									32-6-5,  40-1-54.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
(1) This Chapter shall
				apply to all matters that are or, on the date of formal adoption of these rules
				were, within the jurisdiction or regulatory authority of the Regulatory
				Compliance Section of the Motor Carrier Compliance Division of the Georgia
				Department of Public Safety and to all carriers subject to the jurisdiction or
				regulatory authority of the Department.
(2) If the event of a conflict between rules
				in this Chapter, the more specific rule or rules pertaining to a particular
				topic shall control.
O.C.G.A.
				 §§
											40-1-52;
				  40-1-53;
				  40-1-54.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) When used in this
				Chapter, the terms defined in O.C.G.A. §§
									40-1-1 and 
				  40-1-100 shall have the same definition as provided in those code sections. Except to
				the extent prohibited by law, a conflict between the definitions within this
				Chapter and/or the above-referenced provisions of Georgia law shall be resolved
				by reliance upon the definition provided in:
(a) O.C.G.A. §
										40-1-1, or, if no such definition is found there, then;
(b) O.C.G.A. §
										40-1-100, or, if no such definition is found there, then;
(c) Paragraph (2) of this Rule, or, if no
				definition is found there, then;
(d)
				Any other Rule in this Chapter.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.03 - Interpretation and Application of this Chapter

Current through Rules and Regulations filed through June 27, 2024
(1) To the extent permitted by law, the
				Department shall have the authority to suspend or modify application of the
				Rules within this Chapter in individual instances in which strict compliance
				with a Rule or Rules within this Chapter would result in unreasonable,
				uneconomical or unintended results or otherwise frustrate the intent of these
				Rules. Such suspension or modification may occur in accordance with O.C.G.A.
				§
									50-13-9.1 or  by any other process not prohibited by law.
(2) In any instance in which the Department
				suspends or modifies application of a Rule or Rules in accordance with
				paragraph (a) of this Rule, the Department shall make every effort to timely
				repeal, amend, or modify these Rules in accordance with the Administrative
				Procedure Act to correct and account for the circumstances requiring the
				suspension or modification.
(3)
				Certificates issued by the Department of Public Safety allowing operation as a
				household goods carrier, passenger carrier, limousine carrier, transportation
				network company, taxi service, or nonconsensual towing provider prior to the
				effective date of this Chapter and which are unexpired and otherwise valid as
				of the effective date of this Chapter shall continue to be valid
				notwithstanding the provisions of this Chapter. Such certificates and the
				persons and entities possessing such certificates shall, however, be governed
				by and otherwise be required to comply with this Chapter to the extent it is
				applicable. Upon any such certificate becoming invalid, expiring, or requiring
				any update, the person or entity possessing such certificate shall be required
				to obtain a replacement or new certificate in accordance in this
				Chapter.
(4) To the extent that
				this Chapter has an economic impact on businesses in this State:
(a) a small business that qualifies for
				reduction of economic impact under O.C.G.A. §
										50-14-4(a)(3) 
				 may provide notice in writing to the Department of a request for relief from
				any Rule under this Chapter. Such notice shall state:
1. The Rule or Rules causing the economic
				impact;
2. The nature and extent of
				the economic impact;
3. A proposed
				method or methods of relief under O.C.G.A. §
											50-14-4(a)(3) 
				 that would reduce the economic impact in question; and
4. The nature and extent of the economic
				relief that would be provided by the proposed method or methods of
				relief.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.04 - Effect of this Chapter upon Existing Regulations of the Georgia Public Service Commission

Current through Rules and Regulations filed through June 27, 2024
(1) To the extent that any of the rules or
				regulations in this Chapter or any rules or orders issued in accordance with
				this Chapter conflict with any previously adopted rules, orders, and
				regulations of the Georgia Public Service Commission pertaining to matters
				within the jurisdiction or regulatory authority of the Section, the regulations
				in this Chapter and the rules and orders issued in accordance with this Chapter
				shall be deemed to have superseded the previously adopted rules, orders, and
				regulations of the Georgia Public Service Commission.
(2) This Chapter is meant to entirely
				supersede Subtitle 16 ("Transportation") of the Rules of the Georgia Public
				Service Commission contained in Title 515 of the Rules and Regulations of the
				State of Georgia which has not already been otherwise superseded. Pursuant to
				O.C.G.A. §
									40-1-57, the entirety of that Subtitle which relates to functions now performed by the
				Department of Public Safety and which has not otherwise been repealed is hereby
				repealed.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-57.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.06 - Complaints

Current through Rules and Regulations filed through June 27, 2024
(1) The Department may
				hear a complaint by a third party regarding entities or matters within the
				jurisdiction or regulatory authority of the section, including any person or
				entity subject to regulation by this Chapter, asserting that an applicant or
				carrier has violated the provisions of this Chapter, any other Transportation
				Rules issued by the Department, or any provision of Georgia law relating to any
				matter within the jurisdiction of the Section or the Department.
(2) The Department shall require that, before
				investigating, imposing any penalty as a result of, or otherwise acting upon
				any such complaint, complaints under this Rule be submitted in writing on a
				form or forms designated for that purpose by the Department with a plain and
				distinct description of the grounds of the complaint.
(3) When requested by the Department,
				responses to complaints must be in writing with a plain and distinct
				description of any defense to the complaint.
(4) Supporting documentation, such as
				invoices, bills of lading, and claims forms, shall be attached to complaints
				and responses when so requested by the Department. When requested, supporting
				documentation shall be provided in a timely manner as directed by the
				Department.
(5) Neither this Section
				nor the Department shall adjudicate or address:
(a) Disputed freight loss, damage or other
				monetary claims except in instances of charges which exceed the Department's
				tariffs;
(b) A complaint the basis
				of which relates to conduct of a ride share driver, ride share network service,
				taxi service, transportation referral service, or transportation referral
				service provider as defined by O.C.G.A. §
										40-1-190 that is not specifically addressed by this Chapter or a provision of Georgia
				law over which the Department has regulatory authority;
(c) A complaint the basis of which is
				currently pending or in litigation; or
(d) A complaint the basis of which alleges
				theft; such matters will be referred to the appropriate law enforcement agency
				for investigation.
(e) A complaint
				that was not made within a reasonably timely manner, which shall in no event
				exceed 90 days from the date of the events giving rise to the
				complaint.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.07 - Inspections by Members of the Department

Current through Rules and Regulations filed through June 27, 2024
(1) Except where otherwise provided by this
				Chapter or by law, any member or authorized representative of the Department
				shall have the right to:
(a) Enter into or
				upon and inspect any premises owned, leased, operated, or used by any carrier
				subject to the Department's jurisdiction or regulatory authority; and
(b) Enter upon and inspect any vehicle or
				equipment operated by such carrier in intrastate commerce within this State for
				the purpose of inspecting such carrier's books, records, motor carrier
				equipment, premises, and/or vehicles to ascertain such carrier's past and
				current compliance with Georgia law and transportation rules within the
				Department's jurisdiction.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.08 - Cooperation with United States Department of Transportation

Current through Rules and Regulations filed through June 27, 2024
The Department is authorized to conduct joint investigations
				 and reviews of motor carriers and other persons with officials of the United
				 States Department of Transportation and their administrations for the purpose
				 of determining compliance with State or Federal laws, rules, regulations, and
				 orders pertaining to motor carrier operations and the transportation of
				 hazardous materials. Consistent with  39 C.F.R. Part 388, the Department and its
				 staff shall exchange information with the United States Department of
				 Transportation that comes to their attention that is believed to indicate a
				 violation of any provision of the safety or hazardous material laws, rules,
				 regulations, or orders of the United States Department of
				 Transportation.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-121.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.09 - Failure to Observe Rules

Current through Rules and Regulations filed through June 27, 2024
Failure by any carrier subject to the jurisdiction or
				 regulatory authority of the Department to comply with the applicable statutes,
				 this Chapter, any applicable tariff, and any applicable order of the Department
				 shall, to the extent authorized by law, be cause for adverse action including
				 but not limited to civil and/or criminal penalties and/or suspension or
				 revocation of certificates issued pursuant to this Chapter. Except to the
				 extent otherwise authorized by law and provided for in this Chapter, adverse
				 action shall only take effect after notice and an opportunity for a
				 hearing.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-55;
				  40-1-56;
				  40-1-101;
				  40-1-156;
				  40-1-161;
				  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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.10 - Notice Under this Chapter

Current through Rules and Regulations filed through June 27, 2024
(1) Except to the extent otherwise required
				by law or as provided in this Chapter, where notice under this Chapter is
				required to an applicant or carrier, notice shall be achieved by certified mail
				to the most recent address provided by the applicant or carrier to the
				Department in accordance with this Chapter or, in the case of non-resident
				motor carriers, to the agent or agents designated by the applicant or carrier
				in accordance with O.C.G.A. §
									40-1-117.
(2) As required by O.C.G.A. §
									40-1-56, notice to a carrier or applicant of a violation or violations of law or
				Departmental rule(s), regulation(s) or order(s) which impose a civil penalty
				upon the applicant or carrier shall be made by personal service upon the
				violator.
(3) Except to the extent
				otherwise required by law, an applicant or carrier may waive formal notice by
				acknowledging receipt by any other means of any document(s) or materials that
				would otherwise require notice by certified mail or by specifically requesting
				in writing that notice be provided by first-class mail, fax, or
				e-mail.
(4) Notice under this Rule
				shall be deemed effective by the earliest of the following dates:
(a) For notice by personal service, the date
				upon which personal service is made;
(b) For service by certified mail, the
				earlier of:
1. The date upon which delivery by
				certified mail to the party to be notified is made; or
2. Three days after notice is sent by
				certified mail to the party to be notified;
(c) For any form of service, the date upon
				which the party to be notified acknowledges receipt of the documents or
				materials to be served by any other means; or
(d) In the event an applicant or carrier has
				specifically requested in writing that notice be provided by some other means:
1. Three days after notice is sent for notice
				sent by first-class mail; and
2. The
				date notice is sent for notice sent by e-mail or
				fax.
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 570-38-1 - GENERAL RULES OF THE REGULATORY COMPLIANCE SECTION › Rule 570-38-1-.11 - Hearings Under this Chapter

Current through Rules and Regulations filed through June 27, 2024
(1) To the extent that a hearing under this
				Chapter is designated by law as or fits the definition of a "contested case"
				under the Georgia Administrative Procedure Act, such hearing shall be held in
				accordance with the Department's Rule
				 570-1-.05  and the Georgia
				Administrative Procedure Act.
(2)
				All other hearings under this Chapter shall be conducted by the Commissioner of
				the Department of Public Safety or his or her designee as hearing officer. Such
				hearings shall occur no later than 90 days after the Department receives notice
				of the petitioner's request for a hearing. The Commissioner or his or her
				designee may conduct the hearing in person, by phone, or by review of submitted
				materials at his or her discretion. Following the hearing, the Commissioner or
				his or her designee shall issue a written decision regarding the matter within
				30 days of the hearing and shall provide notice of that decision to the
				petitioner and other interested parties in accordance with Rule  570-38-1-.10.
				Except to the extent required by law, otherwise provided for in this Chapter,
				or as otherwise ordered by the Commissioner or his or her designee in an order
				under this paragraph, there shall be no further review of matters heard
				pursuant to this paragraph.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-56;
				  40-1-56.1;
				  40-1-104;
				  40-1-110;
				  40-1-125.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to persons and entities which are
				 required to register with the Department and obtain a license, certificate,
				 permit, or other form of authorization from the Department to operate as a
				 motor carrier or particular type of motor carrier, provided however that this
				 Subchapter shall not apply to persons and entities who are subject to
				 regulation and required to register or secure a permit from the Department
				 pursuant to Subchapter 6 (Transportation Network Companies and Taxi Services)
				 and further provided that only Rule  570-38-2-.03  of this Subchapter shall apply
				 to persons and entities who are subject to regulation and required to register
				 or secure a permit from the Department subject to Subchapter 7 (Non-Consensual
				 Towing) of these Rules.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-102;
				  40-1-103;
				  40-1-106;
				  40-1-107;
				  40-1-109;
				  40-1-111.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this Subchapter, the term "applicant"
				 shall mean a person or entity applying to the Department for any certificate,
				 license, permit, or other form of authorization from the Department pursuant to
				 this Subchapter and as required by state law.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-103;
				  40-1-107.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.03 - Operation or Advertisement as a Motor Carrier Without a Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) No person or entity
				to whom or to which this Subchapter applies shall operate as or hold itself out
				to be a motor carrier or a particular class of motor carrier without first
				applying for and obtaining the appropriate certificate(s) from the Department
				in accordance with this Subchapter and O.C.G.A. §
									40-1-101.
(2) The Department may assess any penalty
				authorized by law upon finding that any person or entity is operating or
				holding itself out as a motor carrier or a particular class or classes of motor
				carrier in violation of this Subchapter or O.C.G.A. §
									40-1-101.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-56;
				  40-1-103.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.06 - Issuance of Interim Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) Upon submission of a completed
				application which complies with the requirements of Rule  570-38-2-.04, the
				Department shall give notice of the pending application in accordance with
				O.C.G.A. §
									40-1-110.
(2) If a protest to the completed application
				is timely filed, the Department shall follow the procedure described in Rule
				 570-38-2-.07. If no timely protest is filed, the Department shall consider the
				application for approval as described in this Rule.
(3) After following the procedure set forth
				in this Rule, the Department shall approve an applicant's application submitted
				in accordance with Rule  570-38-2-.04  if, in the judgment of the Department, the
				applicant:
(a) Is fit, willing, and able as
				defined by O.C.G.A. §
										40-1-106(a)(1)
				through (3) to  provide the transportation
				services for which the certificate is sought;
(b) Has not been convicted of any felony
				related to the operation of a motor vehicle;
(c) Successfully attends and completes a
				training class regarding the laws of Georgia and the rules and regulations of
				the Department, regularly given by the Department;
(d) Has, in the case of applicants for
				certificates as a carrier governed by Subchapters 570-38-3 (Household Goods
				Carriers), 570-38-4 (Passenger Carriers), and/or 570-38-5 (Limousine Carriers)
				demonstrated that the applicant possesses and is capable of maintaining minimum
				assets in the amount of $50,000; and
(e) Is otherwise in compliance with these
				rules, the laws of this State and the United States, and any other applicable
				regulations or tariffs pertaining to the applicant.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.07 - Protest to an Application

Current through Rules and Regulations filed through June 27, 2024
(1) An application under this Subchapter may
				be protested under the following conditions:
(a) The protest must be in writing and comply
				with the requirements of O.C.G.A. §
										40-1-106 and 
				  40-1-110.
(b) The protest must be received by the
				Department within ten days of the pending application being posted on the
				Department's website.
(c) A protest
				of an application for a certificate as a passenger motor carrier or household
				goods motor carrier will not be considered unless the protest is filed by a
				motor carrier which is qualified for consideration under O.C.G.A. §
										40-1-106(d).
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.08 - Expiration and Extension of Interim Certificates; Issuance of a Permanent Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) Prior to the expiration of an Interim
				Certificate granted pursuant to this Subchapter, the Department shall, to the
				extent authorized by law and deemed necessary by the Department, review the
				operations of the Interim Certificate holder to determine whether the Interim
				Certificate should be converted into a Permanent Certificate.
(2) The Department may, prior to the
				expiration of an Interim Certificate granted pursuant to this Subchapter,
				provide for an extension to the period of such certificate. If the Department
				provides for such an extension, it shall issue the Interim Certificate holder
				an updated Interim Certificate which reflects the new expiration date of such
				certificate or shall otherwise notify the Interim Certificate holder of the new
				expiration date of the certificate. Prior to the revised expiration date of the
				Interim Certificate, the Department shall determine whether (1) the Interim
				Certificate should be converted into a Permanent Certificate; (2) the Interim
				Certificate should become void upon its expiration; or (3) another extension of
				the Interim Certificate should be granted.
(3) If the Department determines that an
				Interim Certificate should be converted into a Permanent Certificate, the
				Department shall convert said certificate into a Permanent Certificate upon
				expiration of the Interim Certificate and the Interim Certificate holder shall
				be granted a Permanent Certificate.
(4) If the Department decides not to allow an
				Interim Certificate to convert into a Permanent Certificate, the Interim
				Certificate shall become void upon its expiration except as otherwise provided
				for by law, in these Rules, or by order of the Department.
(5) The Department shall notify the
				certificate holder of its decision to allow or not allow an Interim Certificate
				to convert into a Permanent Certificate or to extend the period of an Interim
				Certificate no later than 10 days prior to the expiration of the Interim
				Certificate.
(6) Under no
				circumstances shall the period of an Interim Certificate be extended more than
				one year beyond its initial one year period.
(7) A Permanent Certificate shall have no
				expiration date and will remain valid except as otherwise provided by law,
				these Rules, or by order of the Department.
O.C.G.A.
				 §§
											40-1-101;
				  40-1-103.
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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.09 - Denial of a Certificate

Current through Rules and Regulations filed through June 27, 2024
The Department may deny a certificate for failure to comply
				 with any provision of this Subchapter or for any other reason authorized by law
				 or these Rules. Upon denial of a certificate or rejection of an application for
				 any of the reasons under this Subchapter:
(1) The Department shall notify the applicant
				of the denial/rejection and may, at its discretion and to the extent
				applicable, allow the applicant an opportunity to cure the defect(s) in its
				application;
(2) If the rejection
				or denial is final or does not afford the applicant the opportunity to cure the
				defect(s) in the application, the applicant shall be entitled to a hearing to
				contest the denial or rejection upon written request made within 30 days of the
				notice of denial or rejection; and
(3) The applicant may not re-apply for a
				certificate for 90 days from the date of notification of denial or rejection
				unless otherwise provided by the Department. The Department may refuse to
				consider an application submitted by such applicant on the sole grounds that
				fewer than 90 days have passed from the date of notification of denial or
				rejection.
O.C.G.A.
				 §§
											40-1-101;
				  40-1-102;
				  40-1-103;
				  40-1-106;
				  40-1-107;
				  40-1-109;
				  40-1-111.