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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 40. MOTOR VEHICLES AND TRAFFIC |
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Chapter 1. IDENTIFICATION AND REGULATION |
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Article 3. MOTOR CARRIERS |
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Part 2. CERTIFICATION OF MOTOR CARRIERS |
| § 40-1-100. Definitions |
| § 40-1-101. Regulatory compliance inspections; regulation of business; requirements of motor carriers |
| § 40-1-102. (For effective date, see note.) Certificate or permit prerequisite to operation; minimum insurance requirement |
| § 40-1-103. Application form for certificate; issuance to qualified applicant |
| § 40-1-104. Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders |
| § 40-1-105. Transfer of certificate |
| § 40-1-106. Fitness of applicant; protesting certificate |
| § 40-1-107. Information in application |
| § 40-1-108. Transportation of persons under age 21 drinking alcohol |
| § 40-1-109. Fees upon initial application |
| § 40-1-110. Hearing and notice of pending application |
| § 40-1-111. Limitation upon reapplication for denied applicants |
| § 40-1-112. Insurance of motor carriers |
| § 40-1-113. Transportation contracts limiting liability |
| § 40-1-114. Temporary emergency authority issued to carriers |
| § 40-1-115. Notice of discontinuance of route |
| § 40-1-116. Additional taxation prohibited by localities |
| § 40-1-117. (For effective date, see note.) Registered agents; service; vehicles excluded from motor common or contract carrier |
| § 40-1-118. Establishment of just and reasonable rates, fares, and charges for transportation |
| § 40-1-119. Charges by motor carriers; unjust discrimination by carriers prohibited |
| § 40-1-120. Limiting baggage size for motor carrier's passengers |
| § 40-1-121. Inspection of books and records |
| § 40-1-122. Observing laws; schedule of operation |
| § 40-1-123. Enjoining operation of motor carriers |
| § 40-1-124. Perpetual franchise over public highways prohibited |
| § 40-1-125. Hearing upon suspension or revocation of motor carrier certificate; judicial review |
| § 40-1-126. Carriers engaged in interstate and intrastate commerce |
| § 40-1-127. Actions for recovery of overcharges; rates, charges, and claims for loss or damage |
| § 40-1-128. Accepting or receiving rebates or drawbacks; prima-facie evidence of intentional violation; burden of claiming exception |
| § 40-1-129. Fines for violating certificate requirement; advertising services without certificate |
| § 40-1-130. Inclusion of motor carrier authorization number in advertising |
REFS & ANNOS
TITLE 40 Chapter 1 Article 3 Part 2 NOTE
JUDICIAL DECISIONS
EDITOR'S NOTE. --In light of the similarity of the statutory provisions, decisions under Ga. L. 1929, p. 293, former Code 1933, §§ 68-504, 68-604, and 68-605 and former O.C.G.A. §§ 46-7-3 and 46-7-53, are included in the annotations for this Code section.
CONSTRUCTION WITH OTHER PROVISIONS. --Provisions of former Code 1933, § 68-504 were the same as provisions of former Code 1933, § 68-609 with respect to the enumerated five elements that the commission must consider. Therefore, the decisions of the Supreme Court dealing with former Code 1933, § 68-609 were directly applicable and controlling on the construction of former Code 1933, § 68-504. Both sections add to the five enumerated considerations the following: "among other things." This quoted provision cannot be ignored, and its proper recognition required a construction that the commission's judgment need not rest upon any or all of the five fields enumerated. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm'n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504).
PUBLIC INTEREST MORE THAN FIVE ELEMENTS CONTAINED IN SUBSECTION (F). --Both former Code 1933, § 68-504, which related to "motor contract carriers" and former Code 1933, § 68-609, which related to "motor common carriers" require the procurement of a certificate of public convenience and necessity from the commission after a hearing pursuant to findings by the commission to the effect that "the public interest requires such operation." The public interest, while embracing the five elements yet comprehends much more. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm'n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504).
NO RIGHT TO BE FREE FROM COMPETITION. --Former Code 1933, § 68-504 did not afford the right to be free from competition. Wells Fargo Armored Serv. Corp. v. Georgia Pub. Serv. Comm'n, 547 F.2d 938 (5th Cir. 1977) (decided under former Code 1933, § 68-504).
PUBLISHER NOT LIABLE FOR UNKNOWINGLY USING UNLICENSED DISTRIBUTOR. --Since there is no duty on the part of a newspaper publisher to inquire and ascertain if a distributor is properly licensed by the Public Service Commission, a publisher cannot be held liable for the negligent driving of its distributor's delivery vehicle on the ground that the driver was not licensed. Tanner v. USA Today, 179 Ga. App. 722, 347 S.E.2d 690 (1986) (decided under former O.C.G.A. § 46-7-53).
POWER TO SELECT, LIMIT AND PROHIBIT USES OF HIGHWAYS BY CARRIERS FOR HIRE, which is implied in the requirement of a certificate of public convenience and necessity, is justified both as a regulation of the business, and as a regulation for the protection and safety of the highways. There is thereby no unequal protection of law, but a reasonable classification. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under Ga. L. 1929, p. 293).
DOING BUSINESS ON HIGHWAYS IS PRIVILEGE WHICH MAY BE CONDITIONED OR WITHHELD. --Motor carriers are engaged in a business that is regulatable, and doing that business on the highways by a privilege which may be conditioned or withheld. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under Ga. L. 1929, p. 293).
CERTIFICATE AND ANNUAL LICENSE FEE ARE LEGALLY DEMANDABLE BY STATE. --Certificate of public convenience and necessity, with a reasonable fee therefor, and an annual license fee for the trucks are legally demandable by a state as a nondiscriminatory prerequisite of the use of the highway for carrier purposes, even though the commerce involved is wholly interstate. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
AUTHORITY OF STATE TO REGULATE USE OF ROADS. --State may license or refuse to license, may condition or charge for, the use of the state's improved roads, when the roads are turned from their common uses and purposes to the carrier's business. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
INTERSTATE CARRIER TO PAY FOR USE OF HIGHWAY. --Interstate carrier has no better right than any other to use the state's improved highway without the state's consent, or without paying for the use. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
DIRECTORY OR ADVISORY NATURE OF STATUTORY ELEMENTS OF PROOF OF PUBLIC CONVENIENCE AND NECESSITY. --In determining whether the public interest required the service and whether the certificate should be granted, the commission was directed by statute to consider the five subjects set out in former Code 1933, § 68-609. While these provisions were only directory or advisory, and it was not mandatory that each be proved before the commission was authorized to grant a certificate, reviewing courts recognize that this was a pronouncement by the General Assembly of principles of law generally accepted as elements of proof of public convenience and necessity. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-604).
NOTICE OF CANCELLATION. --Former O.C.G.A. § 46-7-3 required motor carriers to obtain a certificate of public convenience which may not be issued until a surety bond or evidence of a policy of indemnity insurance is filed with the Public Service Commission (PSC). Under PSC Rule 1-8-1- .07, policies of insurance evidenced by a Form E certificate filed with the PSC remain in effect until cancelled as prescribed by that rule. The filing of a Form E certificate of insurance establishes that a specified policy of insurance has been issued to the motor carrier and that the policy continues in effect until canceled by giving notice to the PSC. Progressive Preferred Ins. Co. v. Ramirez, 277 Ga. 392, 588 S.E.2d 751 (2003) (decided under former O.C.G.A. § 46-7-3).
Insurer's failure to file a notice of cancellation with the Georgia Department of Motor Vehicle Safety (DMVS) did not render the insurer liable under the direct action statute, former O.C.G.A. § 46-7-12, because the former insurer had never obtained a permit of authority under former O.C.G.A. § 46-7-3 to operate as carrier in Georgia, the insurer could not have filed either a certificate of insurance or a notice of cancellation with the DMVS. Kolencik v. Stratford Ins. Co., No. 1:05-cv-0007-GET, 2005 U.S. Dist. LEXIS 34956 (N.D. Ga. Nov. 28, 2005) (decided under former O.C.G.A. § 46-7-3).
CITED in Phillips v. International Agric. Corp., 54 Ga. App. 751, 189 S.E. 54 (1936); Bass v. Georgia Public-Service Comm'n, 192 Ga. 106, 14 S.E.2d 740 (1941); Gallahar v. George A. Rheman Co., 50 F. Supp. 655 (S.D. Ga. 1943); Georgia Pub. Serv. Comm'n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951); Coleman v. B-H Transfer Co., 284 Ga. 624, 669 S.E.2d 141 (2008).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-604, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.
EXCEPTION TO REQUIREMENTS OF THIS SECTION. --Temporary emergency authority granted under former Code 1933, § 68-611.1 was an exception to the general requirement of former Code 1933, § 68-604 that no motor common carrier can operate without first obtaining a certificate. 1973 Op. Att'y Gen. No. 73-85 (decided under former Code 1933, § 68-604)
UNCONSTITUTIONAL DELEGATION OF AUTHORITY. --If the commission issued a certificate of public convenience and necessity which automatically terminated upon the decision of the municipality to terminate the contract with the certificate holder, the commission would have unlawfully delegated its authority to issue certificates to that municipality. 1980 Op. Att'y Gen. No. 80-162 (decided under former Code 1933, § 68-605).
RESEARCH REFERENCES
AM. JUR. 2D. --13 Am. Jur. 2d, Carriers, § 125 et seq.
Am. Jur. Pleading and Practice Forms. --3B Am. Jur. Pleading and Practice Forms, Automobiles and Highway Traffic, § 602.
C.J.S. --60 C.J.S., Motor Vehicles, § 187 et seq.
EDITOR'S NOTE. --In light of the similarity of the statutory provisions, decisions under Ga. L. 1929, p. 293, former Code 1933, §§ 68-504, 68-604, and 68-605 and former O.C.G.A. §§ 46-7-3 and 46-7-53, are included in the annotations for this Code section.
CONSTRUCTION WITH OTHER PROVISIONS. --Provisions of former Code 1933, § 68-504 were the same as provisions of former Code 1933, § 68-609 with respect to the enumerated five elements that the commission must consider. Therefore, the decisions of the Supreme Court dealing with former Code 1933, § 68-609 were directly applicable and controlling on the construction of former Code 1933, § 68-504. Both sections add to the five enumerated considerations the following: "among other things." This quoted provision cannot be ignored, and its proper recognition required a construction that the commission's judgment need not rest upon any or all of the five fields enumerated. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm'n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504).
PUBLIC INTEREST MORE THAN FIVE ELEMENTS CONTAINED IN SUBSECTION (F). --Both former Code 1933, § 68-504, which related to "motor contract carriers" and former Code 1933, § 68-609, which related to "motor common carriers" require the procurement of a certificate of public convenience and necessity from the commission after a hearing pursuant to findings by the commission to the effect that "the public interest requires such operation." The public interest, while embracing the five elements yet comprehends much more. J. & M. Transp. Co. v. Georgia Pub. Serv. Comm'n, 217 Ga. 296, 122 S.E.2d 227 (1961) (decided under former Code 1933, § 68-504).
NO RIGHT TO BE FREE FROM COMPETITION. --Former Code 1933, § 68-504 did not afford the right to be free from competition. Wells Fargo Armored Serv. Corp. v. Georgia Pub. Serv. Comm'n, 547 F.2d 938 (5th Cir. 1977) (decided under former Code 1933, § 68-504).
PUBLISHER NOT LIABLE FOR UNKNOWINGLY USING UNLICENSED DISTRIBUTOR. --Since there is no duty on the part of a newspaper publisher to inquire and ascertain if a distributor is properly licensed by the Public Service Commission, a publisher cannot be held liable for the negligent driving of its distributor's delivery vehicle on the ground that the driver was not licensed. Tanner v. USA Today, 179 Ga. App. 722, 347 S.E.2d 690 (1986) (decided under former O.C.G.A. § 46-7-53).
POWER TO SELECT, LIMIT AND PROHIBIT USES OF HIGHWAYS BY CARRIERS FOR HIRE, which is implied in the requirement of a certificate of public convenience and necessity, is justified both as a regulation of the business, and as a regulation for the protection and safety of the highways. There is thereby no unequal protection of law, but a reasonable classification. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under Ga. L. 1929, p. 293).
DOING BUSINESS ON HIGHWAYS IS PRIVILEGE WHICH MAY BE CONDITIONED OR WITHHELD. --Motor carriers are engaged in a business that is regulatable, and doing that business on the highways by a privilege which may be conditioned or withheld. Southern Motorways, Inc. v. Perry, 39 F.2d 145 (N.D. Ga. 1930) (decided under Ga. L. 1929, p. 293).
CERTIFICATE AND ANNUAL LICENSE FEE ARE LEGALLY DEMANDABLE BY STATE. --Certificate of public convenience and necessity, with a reasonable fee therefor, and an annual license fee for the trucks are legally demandable by a state as a nondiscriminatory prerequisite of the use of the highway for carrier purposes, even though the commerce involved is wholly interstate. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
AUTHORITY OF STATE TO REGULATE USE OF ROADS. --State may license or refuse to license, may condition or charge for, the use of the state's improved roads, when the roads are turned from their common uses and purposes to the carrier's business. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
INTERSTATE CARRIER TO PAY FOR USE OF HIGHWAY. --Interstate carrier has no better right than any other to use the state's improved highway without the state's consent, or without paying for the use. Johnson Transf. & Freight Lines v. Perry, 47 F.2d 900 (N.D. Ga. 1931) (decided under Ga. L. 1929, p. 293).
DIRECTORY OR ADVISORY NATURE OF STATUTORY ELEMENTS OF PROOF OF PUBLIC CONVENIENCE AND NECESSITY. --In determining whether the public interest required the service and whether the certificate should be granted, the commission was directed by statute to consider the five subjects set out in former Code 1933, § 68-609. While these provisions were only directory or advisory, and it was not mandatory that each be proved before the commission was authorized to grant a certificate, reviewing courts recognize that this was a pronouncement by the General Assembly of principles of law generally accepted as elements of proof of public convenience and necessity. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-604).
NOTICE OF CANCELLATION. --Former O.C.G.A. § 46-7-3 required motor carriers to obtain a certificate of public convenience which may not be issued until a surety bond or evidence of a policy of indemnity insurance is filed with the Public Service Commission (PSC). Under PSC Rule 1-8-1- .07, policies of insurance evidenced by a Form E certificate filed with the PSC remain in effect until cancelled as prescribed by that rule. The filing of a Form E certificate of insurance establishes that a specified policy of insurance has been issued to the motor carrier and that the policy continues in effect until canceled by giving notice to the PSC. Progressive Preferred Ins. Co. v. Ramirez, 277 Ga. 392, 588 S.E.2d 751 (2003) (decided under former O.C.G.A. § 46-7-3).
Insurer's failure to file a notice of cancellation with the Georgia Department of Motor Vehicle Safety (DMVS) did not render the insurer liable under the direct action statute, former O.C.G.A. § 46-7-12, because the former insurer had never obtained a permit of authority under former O.C.G.A. § 46-7-3 to operate as carrier in Georgia, the insurer could not have filed either a certificate of insurance or a notice of cancellation with the DMVS. Kolencik v. Stratford Ins. Co., No. 1:05-cv-0007-GET, 2005 U.S. Dist. LEXIS 34956 (N.D. Ga. Nov. 28, 2005) (decided under former O.C.G.A. § 46-7-3).
CITED in Phillips v. International Agric. Corp., 54 Ga. App. 751, 189 S.E. 54 (1936); Bass v. Georgia Public-Service Comm'n, 192 Ga. 106, 14 S.E.2d 740 (1941); Gallahar v. George A. Rheman Co., 50 F. Supp. 655 (S.D. Ga. 1943); Georgia Pub. Serv. Comm'n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951); Coleman v. B-H Transfer Co., 284 Ga. 624, 669 S.E.2d 141 (2008).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-604, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.
EXCEPTION TO REQUIREMENTS OF THIS SECTION. --Temporary emergency authority granted under former Code 1933, § 68-611.1 was an exception to the general requirement of former Code 1933, § 68-604 that no motor common carrier can operate without first obtaining a certificate. 1973 Op. Att'y Gen. No. 73-85 (decided under former Code 1933, § 68-604)
UNCONSTITUTIONAL DELEGATION OF AUTHORITY. --If the commission issued a certificate of public convenience and necessity which automatically terminated upon the decision of the municipality to terminate the contract with the certificate holder, the commission would have unlawfully delegated its authority to issue certificates to that municipality. 1980 Op. Att'y Gen. No. 80-162 (decided under former Code 1933, § 68-605).
RESEARCH REFERENCES
AM. JUR. 2D. --13 Am. Jur. 2d, Carriers, § 125 et seq.
Am. Jur. Pleading and Practice Forms. --3B Am. Jur. Pleading and Practice Forms, Automobiles and Highway Traffic, § 602.
C.J.S. --60 C.J.S., Motor Vehicles, § 187 et seq.