Considerations determining granting of certificate generally; burden of proof; protest by other carriers; issuance if application unprotested or unopposed

(a) The commissioner shall issue a certificate to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commissioner if he or she finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commissioner. Fitness encompasses three factors: (1) The applicant’s financial ability to perform the service it seeks to provide; (2) The applicant’s capability and willingness to perform properly and safely the proposed service; and (3) The applicant’s willingness to comply with the laws of Georgia and the rules and regulations of the commissioner. (b) The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the carrier’s ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted. (d) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commissioner to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period; (2) Has pending before the commissioner an application previously filed with the commissioner for substantially the same authority; or (3) Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant. Page: 558 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:51 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBLIC UTILITIES, ETC. (e) The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed. (Ga. L. 1931, p. 199, § 4; Code 1933, § 68-609; Ga. L. 1950, p. 186, § 1; Ga. L. 1986, p. 1283, § 3; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2004, p. 366, § 6.) The 2004 amendment, effective July 1, 2004, in subsection (a), deleted ‘‘of public convenience and necessity’’ following ‘‘certificate’’ near the beginning, substituted ‘‘that the person’’ for ‘‘that: (1) The person’’ near the middle, redesignated former subparagraphs (a)(1)(A) through (a)(1)(C) as present paragraphs (a)(1) through (a)(3), respectively, substituted a period for ‘‘; and’’ at the end of paragraph (a)(3), and deleted former paragraph (a)(2) which read: ‘‘Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.’’; deleted ‘‘applicant’s service is needed and that the’’ preceding ‘‘applicant’’ in the middle of subsection (b); in subsection (c), deleted ‘‘the need for the service and’’ following ‘‘case as to’’ near the beginning and substituted ‘‘should not be granted’’ for ‘‘would not be consistent with the public convenience and necessity’’ at the end; deleted former subsection (d) which read: ‘‘(d) The commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.’’; redesignated former subsections (e) and (f ) as present subsections (d) and (e), respectively; in paragraph (d)(1), substituted ‘‘authority which is being applied for’’ for ‘‘commodity for which authority is applied’’ near the beginning, deleted ‘‘that meets the reasonable needs of the shippers involved’’ following ‘‘provide service’’, deleted ‘‘within the scope of the application’’ following ‘‘performed service’’ near the middle, and deleted ‘‘within the scope of application’’ following ‘‘solicited service’’ near the end; and deleted ‘‘of public convenience and necessity’’ following ‘‘certificate’’ near the middle of subsection (e).