Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.03 - Amount of Civil Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) Except to the extent preclude by lower
				penalties specified in O.C.G.A. §
									44-1-13, 46-7-91 or other specific
				federal or state statutes applicable to a given carrier conduct, the criminal
				and civil penalties for violation of this Chapter include those set forth in
				O.C.G.A. §§
									46-2-90 through
				46-2-93, 46-7-39 and 46-7-90 and
				in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such
				penalties ranging as high as $15,000.00 per violation, plus $10,000.00 per day
				for each day such violation continues, can only be imposed by the Commission
				after notice and hearing, unless the violator consents in writing to such
				penalties. Such higher civil penalties are applicable to those carriers who
				violate a Commission Order or these Transportation Rules repeatedly or
				otherwise demonstrate willful or wanton refusal to comply with, or disregard
				for, this Commission's jurisdiction, Georgia law and these Transportation
				Rules.
(2) As the exception to the
				foregoing paragraph (1) of this Rule notes, any person who knowingly violates
				49 CFR §
										171.2(g) or willfully
				violates any provision of the Federal Hazardous Materials Regulations may also
				be fined under Title 18 of the United States Code, or imprisoned for not more
				than five (5) years, or both.
(3)
				Any person who drives a commercial motor vehicle while in violation of the
				provisions of O.C.G.A. §
									40-5-143 or any employer who
				knowingly allows, requires, permits, or authorizes a driver to drive a
				commercial motor vehicle in violation of the provisions of O.C.G.A. §
									40-5-145 shall be guilty of a
				felony and, upon conviction thereof, shall be punished by a civil penalty of
				$2,500 for each offense and by a fine of $5,000 or imprisonment for not more
				than 90 days, or both, for each offense.
(4) The civil penalty assessed against an
				employer who knowingly allows, requires, permits, or authorizes a driver to
				drive a commercial motor vehicle in violation of any federal state or local law
				or regulation pertaining to railroad grade crossings shall not exceed
				$10,000.
(5) Any person who
				violates the statutory provisions of O.C.G.A. §
									44-1-13 pertaining to nonconsensual
				towing shall be subject to civil penalties not to exceed $2,500 for each
				violation.
(6) The Commission may
				impose civil penalties not to exceed $5,000 for each violation if it is
				determined that any person, firm, or corporation is operating as a household
				goods carrier for hire without a valid certification or is holding itself out
				as a carrier without such a certificate.
Authority
				  18 USC Sec.
				  3571, 49 CFR Parts 100-185, O.C.G.A. Secs.
				  16-11-111,
				  40-5-143,
				  40-5-145,
				  44-1-13,
				  46-2-40,
				  46-2-90 to
				  46-2-93, 46-7-39,
				  46-7-90.