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-.05 - Adoption of Federal Motor Carrier Safety Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Except to the extent modified by this
				Rule or otherwise in accordance with the Department's authority under state and
				federal law, the Motor Carrier Safety Regulations issued by the United States
				Department of Transportation's Federal Motor Carrier Safety Administration
				(hereinafter "FMCSA"), contained in Parts 350, 376, 382, 383, and 390 through
				397 of Title 49 of the Code of Federal Regulations, as now in force and as
				hereafter amended (hereinafter "the Federal Safety Rules"), are by this Rule
				made Rules of the Department under this Subchapter for all carriers regulated
				by this Department.
(2) The
				Department shall enforce such Federal Safety Rules and cooperate with other
				State and local law enforcement agencies in doing so to the extent such Federal
				Safety Rules are applicable to carriers regulated by the Department. These
				Federal Safety Rules are prescribed by the FMCSA as minimum standards for
				observance and enforcement by cooperating State agencies, and the individual
				states such as Georgia cannot promulgate less stringent motor carrier safety
				rules.
(3) Due to the volume of
				such Federal Safety Rules and to the frequent changes made therein by the FMCSA
				and because the FMCSA publishes and makes readily available such Federal Motor
				Carrier Safety Rules at minimal cost, the Department will not reproduce such
				Federal Safety Rules here. Current copies of the above-referenced and adopted
				Federal Motor Carrier Safety Rules may be obtained from the FMCSA in
				Washington, D.C., from the U.S. Government Printing Office, Superintendent of
				Documents, Washington, D. C. 20402, or from local U.S. Government Bookstores in
				the Atlanta area. In addition, such Federal Motor Carrier Safety Rules may be
				accessed on-line at the FMSCA website.
(4) The Department may undertake to adopt
				motor carrier safety rules more stringent than such Federal Safety Rules. In
				accordance with O.C.G.A. §
									40-1-8(c)(1), the Department may promulgate these rules by administrative order and publish
				the same in the Department's "Transportation Rulebook" or elsewhere. Such Rules
				will be available for inspection by the public on the Department's website
				either as a part of the Department's Transportation Rulebook or
				otherwise.
(5) In the Federal Motor
				Carrier Safety Regulations adopted by reference in this Rule and applicable
				throughout this Chapter, any reference to the "Operations Manager" and/or
				"Associate Administrator, Federal Motor Carrier Safety Administration," shall
				be interpreted to mean Commissioner, Georgia Department of Public Safety,
				except insofar as the term relates to preemption. All references to
				"interstate" commerce in the Federal Motor Carrier Safety Regulations adopted
				hereby shall be interpreted for the purposes of this Chapter to mean
				"intrastate" commerce in Georgia. It is the intent of the Department that the
				Rules of this Chapter and rules, regulations, and orders promulgated in
				accordance with this Chapter (including its motor carrier safety rules) shall
				apply only to intrastate carriers and operations.
O.C.G.A.
				 §§
											40-1-8;
				  40-1-54.