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 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.10 - Transferability of Certificates

Current through Rules and Regulations filed through June 27, 2024
(1) Interim Certificates issued pursuant to
				this Subchapter are nontransferable.
(2) Permanent Certificates issued pursuant to
				this Subchapter are transferable at the Department's discretion upon written
				request of the person or entity requesting receipt of the license. Unless
				otherwise authorized by the Department, no such request will be granted unless
				accompanied by the written consent of the existing license holder at the time
				of the request or an authorized representative thereof (as determined by the
				Department).
(3) In the event of a
				change of name or ownership by the holder of a Permanent Certificate (including
				acquisition of a controlling interest in a corporate entity), the certificate
				holder shall be required to apply to transfer the Permanent Certificate to
				reflect the change in name or ownership. Unless otherwise authorized by the
				Department, no such request shall be granted unless accompanied by the written
				consent of the parties affected by the change in name or ownership or their
				authorized representatives (as determined by the Department).
(4) A person or entity requesting a transfer
				shall submit an application in the same manner and subject to the same
				regulations as an applicant for an Interim Certificate under Rule  570-38-2-.04,
				except that:
(a) The applicant shall indicate
				on their application that they are seeking a transfer of an existing
				certificate;
(b) In the event of a
				change of name or ownership as described in paragraph (3) of this Rule, the
				applicant:
1. May, at the Department's
				discretion, be authorized to apply for a transfer of their existing certificate
				using an alternate or abbreviated process rather than that required by Rule
				 570-38-2-.04; and
2. Shall, except
				to the extent otherwise authorized by the Department, be required to submit:
(i) In the case of the sale of an entity, a
				sale document detailing the sale;
(ii) A statement of assets of the proposed
				new certificate holder; and
(iii)
				If applicable, an acknowledgement of indebtedness of the prior entity with
				provisions made for ongoing expenses and names and addresses of creditors;
				and
(c) Any
				other materials authorized by law for the Department to request which it deems
				necessary to its consideration of the application.
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-.11 - Misrepresentation of Operations by Certificate Holder

Current through Rules and Regulations filed through June 27, 2024
A certificate holder shall not engage in any conduct which is
				 likely to or actually does create the appearance that services are being
				 furnished or operations are being conducted by the certificate holder when such
				 services are not actually being furnished or such operations are not actually
				 being conducted by the certificate holder.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-129.
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-.12 - Changes to a Certificate Holder or Applicant's Information

Current through Rules and Regulations filed through June 27, 2024
(1) If a change occurs
				to any of an applicant or a certificate holder's information provided to the
				Department pursuant to paragraph (2) of Rule  570-38-2-.04  after said
				information has been provided by the applicant or certificate holder, or if any
				such information becomes incomplete, the applicant or certificate holder shall
				notify the Department in writing of the change or supplement the incomplete
				information as soon as feasible, but in any event no later than the sooner of:
(a) 30 days following the event causing the
				change or incompletion; or
(b) When
				the change or incompletion pertains to the holder of an Interim Certificate,
				the last day of that certificate's validity.
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-.13 - Suspension or Revocation of Certificates

Current through Rules and Regulations filed through June 27, 2024
(1) A certificate 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 to the extent
				otherwise authorized by law, prior to suspension or revocation of a certificate
				pursuant to paragraph (1) of this Rule, the person or entity holding that
				certificate shall be provided notice and an opportunity for a hearing. Notice
				shall be made in accordance with Rule  570-38-1-.10.
(3) A certificate holder shall be notified of
				the Department's decision to suspend or revoke a certificate in accordance with
				Rule  570-38-1-.10.
(4) A
				certificate holder shall be entitled to a hearing to contest the suspension or
				revocation of their certificate under this Subchapter upon written request made
				within 30 days of the effective date of notice of suspension or
				revocation.
(5) Suspensions and
				revocations of certificates pursuant to this Rule shall become effective
				immediately upon the effective date of notice of the suspension or revocation
				to the certificate holder and shall remain in effect during any hearing,
				appeal, or review of the Department's decision to suspend or revoke the
				certificate, except as otherwise required by law and as otherwise ordered by
				the Department.
(6) A suspension of
				a certificate may be for either a fixed or variable period of time. Except as
				otherwise provided in this Chapter:
(a) A
				certificate which is suspended for a fixed period of time pursuant to this rule
				shall automatically become reinstated without any further action needed by the
				certificate holder upon the date or following the term specified by the
				Department in the order suspending the certificate.
(b) A certificate which is suspended for a
				variable period of time may be reinstated upon any terms ordered by the
				Department which are not prohibited by law.
(c) To the extent that a suspension is based
				upon a certificate holder's ongoing violation of law or these Rules, the
				Department may order that the suspension continue until the certificate holder
				corrects any violation(s) of law or these Rules and for any period of time
				thereafter not otherwise prohibited by law.
(d) The Department may establish by
				administrative order a maximum period of time for which a suspension due to an
				ongoing violation of law or these Rules may continue. If the prescribed maximum
				period of time is reached while such administrative order is in effect and the
				certificate holder is still not in compliance with law and these Rules, then
				the certificate shall automatically be revoked without further action from the
				Department.
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-.14 - Temporary Emergency Certificates

Current through Rules and Regulations filed through June 27, 2024
The Department may issue a temporary emergency certificate to
				 an applicant in accordance with O.C.G.A. §
									40-1-114.
O.C.G.A.
				 §§
											40-1-101;
				  40-1-114.
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-.15 - No Property Right or Vested Interest Created by Any Certificate

Current through Rules and Regulations filed through June 27, 2024
Except to the extent otherwise required by law, the
				 Department's grant or issuance of a certificate in accordance with this
				 subchapter shall not be construed to grant any property right or vested
				 interest to any applicant, nor any guarantee that the applicant will not have
				 their certificate revoked, suspended, or modified in accordance with these
				 Rules, Rules later enacted, or by other action of the Department taken in
				 accordance with law.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-124.
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-.16 - Appointment of Designee(s) by Commissioner

Current through Rules and Regulations filed through June 27, 2024
Except to the extent prohibited by law, the Commissioner may
				 designate by administrative order a person or persons to carry out his duties
				 and responsibilities under this Subchapter. The Commissioner's failure to
				 designate persons in accordance with this Rule shall not be interpreted to
				 limit the powers of the Section or its members granted in accordance with
				 O.C.G.A. §§
									40-1-52,  40-1-101(c), or other statute. This rule shall not be interpreted to limit the authority of
				 the Commissioner to designate a person or persons to carry out his duties or
				 responsibilities with respect to the other Subchapters of this Chapter.
O.C.G.A.
				 §§
											40-1-52;
				  40-1-54;
				  40-1-101.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to household goods carriers
				 operating in intrastate commerce.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-100;
				  40-1-101;
				  40-1-129.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this Subchapter, the term:
(1) "Article" means
(a) an individual item intended to be
				transported outside of a shipping container or in a shipping container without
				any other items therein;
(b) a
				shipping container and contents thereof when such container is intended to be
				transported with such contents, provided however that the total component parts
				of any item taken apart or disassembled for handling or loading shall be
				considered one article for the purposes of determining an article's valuation
				in accordance with this Subchapter and provided further that an item or items
				which do not meet the definition of household goods under O.C.G.A. §
										40-1-100 shall not be considered an article or articles.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.03 - Operation or Advertisement as a Household Goods 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 household
				goods carrier without first obtaining a household goods carrier certificate
				from the Department in accordance with Subchapter 2 of this Chapter.
(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 household goods carrier without a certificate in
				violation of O.C.G.A. §§
									40-1-56 or 
				  40-1-129.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-129.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.04 - Duty to Accept and Transport commodities

Current through Rules and Regulations filed through June 27, 2024
Except to the extent otherwise provided by law or by these
				 Rules, it shall be the duty of any household goods carrier to accept for
				 transportation any authorized commodities, the carriage of which by such
				 carrier is reasonably safe and practicable and to transport the same as soon as
				 practicable.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-129.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.06 - 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 carriers transporting household goods in this
				State.
(2) The maximum rate tariff
				established by the Department shall be available to household goods carriers at
				the Department's website, and the Section shall make available to household
				goods carriers 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 household goods carriers additional rules, regulations,
				restrictions, duties, and other provisions relevant to the operation of
				household goods carriers and their compliance with the maximum rates
				established by the Department. 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, the Department shall make available a copy of the
				proposed revised tariff to household goods carriers 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 household goods carriers 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 household goods
				carrier shall charge a rate higher than the rates prescribed by the
				Department's maximum rate tariff for any services or products provided. A
				carrier which violates this rule is subject to adverse action pursuant to Rule
				 570-38-1-.09.
O.C.G.A.
				 §§
											40-1-8;
				  40-1-54;
				  40-1-101;
				  40-1-118;
				  40-1-119.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.07 - Rules Pertaining to Application of Maximum Rate Tariff

Current through Rules and Regulations filed through June 27, 2024
Household goods carriers subject to the Department's Maximum
				 Rate Tariff ("tariff") shall be subject to the following rules:
(1)
Method for Determining Distances
				Relating to Rates or Fares
(a) To the
				extent the tariff contains rates based upon travelled or projected mileage, the
				applicable distance used to calculate charges based upon that rate shall be
				determined by use of any of the following sources:
1. Google Maps or a similar internet-based
				mapping service which provides the shortest driving directions;
2. Rand McNally mileage & routing
				software or a similar mileage and routing software for motor carriers which
				provides the shortest driving directions for commercial motor vehicle
				operators; or
3. Upon written
				approval from the Department, any other source when the methods provided in
				subparagraphs (1) and (2) are not available or not feasible for use.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.08 - Estimates

Current through Rules and Regulations filed through June 27, 2024
(1) The Department
				shall make available to household goods carriers a Uniform Estimated Cost of
				Services Form for use by such carriers as required by this rule. This document
				will be made available to household goods carriers by posting upon a
				publicly-accessible website maintained by the Department.
(2) A carrier subject to regulation by this
				Subchapter may, at a customer's or prospective customer's request, provide an
				estimate for cost of services. Except to the extent otherwise required by law
				or these Rules, such estimates shall not be binding on either the customer or
				the carrier unless both the customer and the carrier agree to a binding
				estimate and the terms are clearly stated using the Uniform Estimated Cost of
				Services Form in accordance with this Rule.
(3) An estimate provided in accordance with
				this Rule shall be either (1) a non-binding estimate subject to paragraph (4)
				of this Rule or a binding estimate subject to paragraph (5) of this Rule. When
				providing an estimate using the Uniform Estimated Cost of Services Form, a
				carrier shall clearly indicate on the form whether the estimate being provided
				is a non-binding or a binding estimate.
(4) A carrier providing a non-binding
				estimate to a customer or prospective customer shall:
(a) Clearly describe in the estimate volume
				and/or character of articles comprising the shipment the carrier will transport
				and all services the carrier will provide and shall include all other
				information the carrier requires in order to provide a non-binding
				estimate;
(b) Upon said customer's
				payment of no more than 110% of the estimated charges in the non-binding
				estimate, relinquish possession of or deliver said customer's shipment as
				agreed and without delay; and
(c)
				Defer demand for the payment of the balance of any charges in excess of the
				amount described in subparagraph (b) of this paragraph for a period of thirty
				days following delivery or possession being relinquished.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.09 - Minimum Required Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) No household goods carrier to which this
				Subchapter is applicable shall operate or hold itself out to be a household
				goods carrier without:
(a) First complying
				with Rule  570-38-2-.05  of these Rules; and
(b) Complying with all other state and
				federal laws, rules, and regulations relating to required
				insurance.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.10 - Valuation of Household Goods

Current through Rules and Regulations filed through June 27, 2024
(1) No household goods carrier shall accept
				household goods for transportation unless the customer requesting
				transportation first:
(a) Agrees in writing to
				released value protection of the goods as provided for in subparagraph (2)(a)
				of this Rule; or
(b) Agrees in
				writing to full value protection and declares in writing the value of the goods
				as provided for in subparagraph (2)(b) 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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.12 - Moving Guide Required

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall publish a "Moving
				Guide" for the benefit of customers of household goods movers in this
				state.
(2) The Moving Guide
				published by the Department shall be available to household goods carriers at
				the Department's website, and the Section shall make available to household
				goods carriers a copy of the Moving Guide upon reasonable request.
(3) Household good carriers shall distribute
				the Moving Guide to their customers and potential customers as soon as
				reasonably possible upon being solicited by such customers for transportation
				services, ancillary services, or estimates for such services, but in any event
				shall distribute the Moving Guide prior to performing any transportation or
				ancillary services or otherwise causing the customer to incur any
				charges.
(4) Carriers may
				distribute the Moving Guide in physical or electronic form by means of
				electronic mail or delivery, postal mail, or personal delivery. Carriers shall
				deliver the Moving Guide through a similar means as the customer's solicitation
				unless the customer specifically requests otherwise. A carrier shall distribute
				the Moving Guide to customers whose solicitation is by phone by any of the
				methods listed in this paragraph or by other mutually agreeable means. A
				customer may consent to or request distribution by any other method. The
				carrier shall retain a copy of any such consent or request.
(5) Carriers shall retain proof of their
				distribution of the Moving Guide to customers as required by this Rule.
				Carriers who are unable to demonstrate by documentation that a Moving Guide was
				distributed as required by this Rule shall be assumed to have failed to comply
				with this Rule.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.13 - Waiver Forms Prohibited

Current through Rules and Regulations filed through June 27, 2024
No household goods carrier shall issue or require a customer
				 to sign a waiver or release of liability form of any kind. The use of such
				 forms by a household goods carrier may result in adverse action pursuant to
				 Rule  570-38-1-.07.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-113.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.14 - Storage in Transit

Current through Rules and Regulations filed through June 27, 2024
(1) Household goods carriers transporting
				articles in accordance with this Chapter may store such articles in its
				warehouse or storage facility or the warehouse of a designee. Such storage
				shall only occur at the request of the customer that owns or requested the
				transportation of the articles in question or in circumstances specifically
				authorizing such storage in accordance with these Rules. Such storage shall
				only occur in accordance with the requirements of this Rule. A household goods
				carrier shall not store articles in any manner that is inconsistent with this
				Rule.
(2) A carrier that is
				permitted to store household goods pursuant to this Rule may demand payment for
				accumulated transportation and other lawful charges from the customer at the
				time goods in transit are delivered to the warehouse or storage facility for
				storage.
(3) Except to the extent
				otherwise authorized by these Rules, articles may be stored only once while
				being transported, and shall not be stored for a period of more than 180 days
				beginning upon the date of unloading at the warehouse or storage facility.
				Articles that are not removed from the warehouse or storage facility at the
				expiration of the time limit(s) specified by this Rule shall no longer be
				considered in transit, and the household goods carrier responsible for
				transporting such articles shall be entitled to demand payment for all charges
				lawfully accumulated by the customer related to the transportation and/or
				storage of the articles in question. Upon the expiration of the time period
				provided for by this Rule,
(a) The warehouse
				or storage facility at which the articles are then located shall be considered
				the final destination of such articles;
(b) The customer owning such articles or
				which contracted with a carrier for the transportation of such articles shall
				then be subject to the rules, regulations, and charges of the warehouse or
				storage facility; and
(c) A carrier
				may not continue to charge a customer for the storage of such
				articles.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.15 - Diversion of Shipments

Current through Rules and Regulations filed through June 27, 2024
(1) A household goods carrier shall allow for
				the diversion of shipments that are already being transported or being prepared
				for transportation under the following conditions:
(a) The request for diversion must be made by
				the customer owning the goods comprising the shipment, the customer who
				originally contracted with the carrier to provide for transportation of the
				goods, or an authorized representative or either;
(b) The request for diversion must be
				communicated in writing, either electronically or in print; and
(c) The diversion must consist of a change in
				the name of the recipient of the articles, a change in the destination, a
				change in the route, any other instructions which are necessary to effect
				delivery and require an addition to or a change in billing or an additional
				movement of the shipment, or any combination of the above.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.16 - Payments to Household Goods Carriers

Current through Rules and Regulations filed through June 27, 2024
(1) A household goods carrier may require
				that, before the carrier completes delivery or relinquishes possession of any
				of a customer's articles, said customer:
(a)
				Pay all rates and charges accrued by that customer in accordance with the
				Department's maximum rate tariff; or
(b) Make other payment arrangements
				satisfactory to the carrier with respect to all such rates and
				charges.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.18 - Agents of Household Goods Carriers Prohibited

Current through Rules and Regulations filed through June 27, 2024
Household goods carriers may not appoint any agent to operate
				 under their authority. Household goods carriers shall only perform the carrying
				 of household goods while operating under their own name as provided on their
				 certificate.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101.
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 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.19 - Advertising

Current through Rules and Regulations filed through June 27, 2024
(1) For the purposes of
				this rule, the term "advertisement" shall mean any communication to the public
				or targeted to an individual or group of individuals, in any media format,
				including but not limited to print, electronic / internet, television, radio,
				or in-person or phone solicitation, which comprises in part or in whole an
				offer of sale of the goods or services or an effort by the advertising person
				or entity to generate business or solicit new or existing customers.
(2) Advertisements by or for a household
				goods carrier or goods or services offered by a household goods carrier shall
				include, in a manner easily discernable by a person viewing, listening to, or
				otherwise perceiving the advertisement, the following information:
(a) The business name of the household goods
				carrier as it appears on the certificate issued to the carrier pursuant to this
				Chapter;
(b) The current physical
				business address of the household goods carrier;
(c) The current telephone number where the
				carrier may be reached; and
(d) The
				certificate number of the household goods carrier's certificate issued by this
				Department pursuant to 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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to persons and entities
				 transporting passengers for hire in intrastate transportation in motor vehicles
				 except that this Subchapter shall not apply to:
(1) Limousine services which are subject to
				Subchapter 570-5 of these Rules;
(2) Taxi services and/or any transportation
				network company, including but not limited to ride share network services,
				transportation referral services, and transportation referral service
				providers, which are subject to Subchapter 570-6 of these Rules; and
(3) Any person or entity which is otherwise
				exempt by law from regulation as a passenger carrier or any persons or entities
				which are otherwise exempt by law from regulation while transporting passengers
				for hire in intrastate transportation in a motor vehicle.
O.C.G.A.
				 §§
											40-1-54;
				 40-1-01.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Except as provided
				in paragraph (2) of this rule, when used in this Subchapter, 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. Where a
				conflict exists between a definition provided by paragraph (2) of this rule and
				state law, the definition provided state law shall control.
(2) For the purposes of this Subchapter, the
				term
(a) "Disabled" shall mean an individual
				who, by reason of illness, injury, age, congenital malfunction, or other
				permanent or temporary incapacity or disability, is unable to utilize mass
				transportation facilities as effectively as persons who are not so
				affected.
(b) "Elderly" shall mean
				an individual or individuals over the age of 60 years;
(c) "Non-Emergency Medical Passenger Carrier"
				or "NEMPC" shall mean any person or entity that is defined by this Rule as a
				passenger carrier and that owns or operates vehicles for the purpose of
				transporting persons who are elderly or disabled to or from a location or
				locations to receive medical care or prescription medication, provided however
				that an entity that is specifically excluded from being defined as a "motor
				carrier" pursuant to O.C.G.A. §
										40-1-100(12)(B) 
				 or  a similar applicable law shall not be considered a NEMPC.
(d) "Passenger carrier" shall mean any person
				or entity who is falls within the scope of this Subchapter pursuant to Rule
				 570-38-4-.01.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.03 - Operation or Advertisement as a Passenger Carrier without a Certificate Prohibited

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 passenger
				carrier without first obtaining a passenger carrier certificate from the
				Department in accordance with Subchapter 2 of this Chapter.
(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 passenger carrier without a certificate in violation of
				this Subchapter or O.C.G.A. §
									40-1-56.
(3) In accordance with Rule  570-38-2-.15  and
				except to the extent required by law so as to carry out the requirements of
				this Chapter, no certificate issued or obtained in accordance with this
				Subchapter shall vest any property right to operate as a passenger carrier over
				the highways of this state or over some portion of the highways of this state,
				regardless of the use of the term "certificate" to describe the document
				authorizing the holder's operation as a passenger carrier in accordance with
				this Subchapter.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-55;
				  40-1-56;
				  40-1-101;
				  40-1-123.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.04 - Minimum Required Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) No passenger carrier to which this
				Subchapter is applicable shall operate or hold itself out to be a passenger
				carrier without:
(a) First complying with Rule
				 570-38-2-.05  of these Rules, provided however that the passenger carrier shall
				be required to comply with subparagraph (b) of this paragraph in lieu of
				complying with paragraph (8) of that Rule;
(b) Securing and having in effect a policy of
				insurance by an insurance company licensed to do business in this state, which
				policy provides for the protection of passengers and the public against injury
				proximately caused by the negligence of such motor carrier, its servants, or
				its agents in an amount equal to or greater than the following:
Schedule of Minimum Required
							 Coverage
Type of Equipment /
							 Vehicle
Limit for bodily injury to or death of one
							 person
Limit of bodily injuries to or death of all persons
							 injured or killed in any one accident (subject to limit for injuries to one
							 person)
Limit for loss or damage in any one accident to
							 property of others (excluding cargo)
Passenger vehicle with a seating capacity of 12
							 people or less
$100,000.00
$300,000.00
$50,000.00
Passenger vehicle with a seating capacity of
							 more than 12 people
$100,000.00
$500,000.00
$50,000.00
(c)
				Complying with all other state and federal laws, rules, and regulations
				relating to required insurance.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.05 - Free Transportation

Current through Rules and Regulations filed through June 27, 2024
(1) Passenger carriers shall not directly or
				indirectly issue, give, tender, or honor free transportation except during
				emergency situations or as otherwise provided by law, except that passenger
				carriers may give exchange free transportation within the limits of this rule
				to their bona fide officers, agents, employees, regularly employed attorneys,
				and dependent family members of those persons.
(2) Except to the extent prohibited by law,
				passenger carriers may carry any legally blind or disabled person accompanied
				by a guide or caregiver at the usual and ordinary fare charged to one
				person.
(3) Passenger carriers may
				offer free or reduced-rate transportation to persons who are travelling in
				connection with a religious, non-profit, or charitable program or purpose upon
				such terms and conditions as may be prescribed by the motor carrier and if such
				terms and conditions apply uniformly to all persons travelling in connection
				with such programs or for such purpose.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-119;
				  40-1-128.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.06 - Requirements for Non-Emergency Medical Passenger Carriers

Current through Rules and Regulations filed through June 27, 2024
Non-Emergency Medical Passenger Carriers that are required to
				 be regulated as transportation providers in accordance with Georgia Department
				 of Community Health ("GDCH") rules and regulations, including but not limited
				 to the GDCH Division of Medicaid Policies and Procedures for Non-Emergency
				 Medical Transportation shall comply with all rules, regulations, requirements,
				 and restrictions applicable to such carrier. No carrier subject to GDCH
				 regulation shall not be authorized to provide service as a NEMPC until and
				 unless such carrier has demonstrated compliance with such regulations to the
				 satisfaction of the Department.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-101;
				  40-1-119;
				  40-1-128.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.07 - Passenger Carrier Customer Tickets

Current through Rules and Regulations filed through June 27, 2024
(1) Passenger carriers that operate at
				particular physical locations (e.g. terminals or stations) or advertise that
				they operate at particular physical locations must provide tickets at all such
				locations and must provide the necessary resources and personnel at such
				locations to allow for customers to purchase tickets and associated services
				from said carriers at all such locations.
(2) All tickets when sold must have the date
				or dates for which the ticket is valid stamped or printed thereon.
(3) Tickets when sold shall be redeemable for
				transportation when presented to the driver of a vehicle operated by that
				passenger carrier on a date for which the ticket is valid and in accordance
				with any other agreed upon terms.
(4) One-way tickets shall be redeemable at
				their sale price in money by the company or its agent within sixty days after
				the sale date stamped thereon and round trip tickets within thirty days. If no
				date of sale is stamped or printed thereon such tickets shall be redeemable
				upon presentation at any time by the purchaser accomplished by satisfactory
				proof of purchase.
(5)
				Notwithstanding paragraph (4) or any other provision of this Rule, a ticket
				shall not be redeemable at its sale price in money if:
(a) the ticket has already been used for
				transportation services in accordance with the terms of the ticket;
				or
(b) the valid date or dates of
				the ticket have already completely passed.
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 570-38-4 - PASSENGER CARRIERS › Rule 570-38-4-.09 - Passenger 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 passenger 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-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
This Subchapter shall apply to all limousine carriers as
				 defined by O.C.G.A. §
									40-1-151.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-151;
				  40-1-152;
				  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-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this Subchapter, the terms defined by
				 O.C.G.A. §
									40-1-151 shall have the same definition(s) provided in that code section, except where
				 otherwise provided by these Rules.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-151;
				  10-1-152;
				  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-.03 - Operation or Advertisement as a Limousine Carrier without a Certificate Prohibited

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 limousine
				carrier without first obtaining a limousine carrier certificate from the
				Department in accordance with O.C.G.A. §
									40-1-152 and  this Chapter.
(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 limousine carrier
				without a certificate in violation of O.C.G.A. §
									40-1-152 or  this Chapter.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-151;
				  10-1-152;
				  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-.04 - Rules Applicable to Limousine Carriers

Current through Rules and Regulations filed through June 27, 2024
(1) Certificates shall be issued to limousine
				carriers and shall otherwise be subject to the provisions of Subchapter 2 of
				this Chapter.
(2) Limousine
				carriers shall be subject to the requirements and duties articulated in Part 3
				of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia
				Annotated. To the extent that the requirements and duties articulated in Part 3
				of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated
				conflict with any provision of this Chapter, the duties and requirements of
				that Part shall supersede the requirements of this Chapter.
(3) To the extent applicable to vehicles
				defined as limousines by O.C.G.A. §
									40-1-151, the Federal Motor Carrier Safety Rules adopted by the Department through these
				Rules, the Department's Transportation Rulebook, or otherwise, shall apply to
				limousine carriers as minimum safety requirements for all vehicles operated by
				limousine carriers for hire in interstate and intrastate commerce in
				Georgia.
(4) Except to the extent
				such interpretation conflicts with the provisions of this Subchapter, the
				Federal Motor Carrier Safety Rules made applicable to limousine carriers
				through paragraph (3) of this Rule shall be interpreted in accordance with the
				provisions of Rule  570-38-1-.05.
(5) In accordance with but without limitation
				to paragraph (3) of this Rule, the vehicles operated by limousine carriers in
				Georgia shall be equipped, maintained, operated, and inspected in accordance
				with the standards prescribed in 49 C.F.R. Parts 393 through 396, and vehicle
				drivers shall be qualified under and shall continuously comply with 49 C.F.R.
				Parts 392 and 395.
(6) For the
				purposes of this Rule, any reference to limousines or limousine carriers in the
				Federal Motor Carrier Safety Rules adopted by the Department shall be
				interpreted to include all limousine carriers subject to the Department's
				jurisdiction subject to Part 3 of Article 3 of Chapter 1 of Title 40 of the
				Official Code of Georgia Annotated.
O.C.G.A.
				 §§
											40-1-54;
				  40-1-150 through 
				  40-1-170.