Title 40 — Title 40

As used in this title, the term: (1) “Alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (2) “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban distri…

As used in this part, the term: (1) “Carrier” means a person who undertakes the transporting of goods or passengers for compensation. (2) “Certificate” or “motor carrier certificate” means a certificate of public convenience and necessity issued pursuant to this part or under the “M…

Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise. History. Code 1981, § 40-1-105, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

(a) The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject to the jurisdiction of the department if the commissioner finds that the person is fit, willing, and able to provide the tr…

The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods or property shall apply for certificates required by this part. Such rules shall require that the application be in writing, under oath, and that the applica…

Any motor carrier subject to the jurisdiction of the commissioner that 75 40-1-108 MOTOR VEHICLES & TRAFFIC 40-1-110 transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The co…

The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part: (1) A fee of $75.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or oper…

The commissioner, upon the filing of an application for a motor carrier certificate, shall give notice of the pending application by posting the same on the department’s official website for ten days. If a protest is filed with the department, the commissioner shall fix a time and pl…

When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction,…

(a) No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity in…

(a) As used in this Code section, the term: (1) “Motor carrier transportation contract” means a contract, agreement, or understanding covering: (A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the …

Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier ser…

A motor carrier of passengers may discontinue its entire service on any route upon 30 days’ published notice to be prescribed by the department, and thereupon its certificate therefor shall be canceled. A motor carrier of passengers may discontinue any part of its service on any r…

No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier. History. Cod…

Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or…

The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certificate hold…

Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the department the schedules upon which they propose to operate th…

Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this part or which operates otherwise tha…

Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual fr…

In circumstances where a motor carrier is engaged in both interstate 114 40-1-126 IDENTIFICATION & REGULATION 40-1-126 and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively i…

This part shall be known and may be cited as the “Georgia Limousine Carrier Act.” History. Code 1981, § 40-1-150, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

As used in this part, the term: (1) “Certificate” or “limousine carrier certificate” means a certificate issued by the department for the operation of limousines or limousine services under this part and such certificates issued by the Public Service Commission on or before June 30, …

(a) No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. (b) No person may engage in the bu…

(a) The department shall prescribe the form of the application for a limousine carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its jud…

Limousine carriers shall comply with the applicable provisions of Code Section 40-1-8. History. Code 1981, § 40-1-154, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2016, p. 767, § 1/SB 320. 40-1-155. Transferring or encumbering certificates.

No limousine carrier certificate issued under this part may be leased, assigned, or otherwise transferred or encumbered unless authorized by the department. History. Code 1981, § 40-1-155, enacted by Ga. L. 2012, p. 580, § 1/HB 865. 40-1-156. Grounds for cancellation, revocation, …

Limousine certificates shall be valid unless suspended, revoked, or canceled by the commissioner, or surrendered to the commissioner by the holder. History. Code 1981, § 40-1-157, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79. 40-1-158. For-hire licen…

The commissioner shall collect the following one-time fees upon initial application of a limousine carrier pursuant to this part: (1) A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer…

Any limousine carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23 and Code Section 3-9-6, concerning consumption of alcoholic beverages. The commissioner shal…

(a) Notwithstanding the powers granted to the department regarding tariffs of other motor carriers, the department is not authorized to set, adjust, or change rates or charges for transportation of passengers, 125 40-1-163 MOTOR VEHICLES & TRAFFIC 40-1-165 property, or passengers…

Before the department shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter. History. Code 1981, § 40-1-164, enacted by Ga. L. 2012, p. 580, § 1/HB …

Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company licensed under Title 33 or through a surplus line broker licensed under Title 33, which policy shall provide for the protection of passengers and property carri…

Each limousine carrier which registers any vehicle under this part shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) Limousine carrier name; (2) C…

No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a limousine carrier to operate equipment, or on the equipment, or on any incidents of the business of a limousine carrier. Hist…

The department is authorized to enforce the provisions of this part. Additionally, the department may hear a petition by a third party asserting that a limousine carrier has violated Code Section 40-1-152 and may impose the penalties and seek the remedies set out in Code Section …

As used in this part, the term: (1) “Limousine carrier” means any limousine company or provider which is licensed with the state pursuant to paragraph (5) of Code Section 40-1-151. (2) “Metering device” means an instrument or device which is utilized for the purpose of calculatin…

(a) Each taxi service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such taxi service which shall be renewed on an annual basis. The department may charge a fee…

(a)(1)(A) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to limousine carriers that are not properly licensed by this state or are not properly insured under state …

(a) Rates for taxi services set by a local government shall constitute the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares. Transportation services provided by taxi services and arranged by a transportation referral service or tra…

The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this part. History. Code 1981, § 40-1-197, enacted by Ga. L. 2015, p. 1262, § 3/HB 225. 40-1-198. Requirement to maintain current list of dri…

(a) Each transportation referral service provider shall maintain a current list of all drivers that such provider employs directly or as independent contractors in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 bu…

A waiver of any rights with regard to personal injuries as the result of any transportation services provided by such ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service by any person utilizing …

The Society of Automotive Engineers horsepower rating formula is adopted as the standard for determining the horsepower of passengercarrying vehicles. History. Ga. L. 1927, p. 226, § 2; Code 1933, § 68-102; Ga. L. 1990, p. 2048, § 1.

This article shall be known and may be cited as the “Transportation of Hazardous Materials Act.” History. Code 1981, § 40-1-20, enacted by Ga. L. 2011, p. 479, § 10/HB 112. 40-1-21. Legislative findings; construction.

This part shall not be applicable to equine drawn vehicles or nonmotorized vehicles. History. Code 1981, § 40-1-200, enacted by Ga. L. 2015, p. 1262, § 3/HB 225. PART 5 PEER-TO-PEER CAR-SHARING PROGRAM Editor’s notes. Ga. L. 2020, p. 310, § 1/HB 337, not codified by the General As…

The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety…

As used in this article, the term: (1) “Anhydrous ammonia” means the materials identified as “ammonia, anhydrous,” or “ammonia solutions with more than 50 percent 40 40-1-22 IDENTIFICATION & REGULATION 40-1-22 ammonia and relative density less than 0.880 at 15 degrees Centigrade i…

As used in this part, the term: (1) “Car-sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented in the records of a peer-to-peer car-sharing program. (2) “Car-s…

(a)(1) A peer-to-peer car-sharing program shall assume liability, except as provided in paragraph (2) of this subsection, of a shared vehicle owner for any bodily injury or property damage to third parties or an uninsured and underinsured motorist or personal injury protection lo…

At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car-sharing program and before the shared vehicle owner makes the vehicle available for sharing on such program, the peer-topeer car-sharing program shall notify the shared vehicle owner that, if th…