Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-7-1 Definitions
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As used in this chapter, the term: (1) ‘‘Commissioner’’ means the commissioner of motor vehicle safety. (2) ‘‘Department’’ means the Department of Motor Vehicle Safety. (Code 1981, § 46-7-1, enacted by Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — The former version of this Code…
O.C.G.A. § 46-7-10 Hearing on application for certificate; notice
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The commissioner, upon the filing of a petition for a certificate, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheri…
O.C.G.A. § 46-7-11 Refusal or revocation of certificate; new application
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When a petition for a certificate under this article 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 new applica…
O.C.G.A. § 46-7-12 Dundee Mills, Inc
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v. John Deere Ins. Co., 248 Ga. App. 39, 545 S.E.2d 604, 2001 Ga. App. LEXIS 164 (2001) (decided under former O.C.G.A. § 46-7-12). For recovery, necessary to show injury was caused by negligence of principal or agents. — In order to authorize a recovery in an action brought on a …
O.C.G.A. § 46-7-14 Discontinuance of service by carrier
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A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days’ published notice to be prescribed by the commissioner, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may dis…
O.C.G.A. § 46-7-15.1 Motor carrier of property permit
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(a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commissioner by making application therefor on forms supplied by the commissioner and paying the…
O.C.G.A. § 46-7-16 Definitions
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Power of commissioner to regulate motor common or contract carriers generally. Requirement for certificate. Issuance of certificate for full or partial exercise of privilege sought; terms and conditions of issuance. Authority of commissioner as to revocation, suspension, or chang…
O.C.G.A. § 46-7-21 Carriage of mail, parcels, and packages
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Reserved. Repealed by Ga. L. 1996, p. 950, § 3, effective April 15, 1996. Editor’s notes. — This Code section was based on Ga. L. 1931, p. 199, § 10; Code 1933, § 68-615. 46-7-22. Maintenance by carriers of records as to vehicle and trailer use; filing of records with commission;…
O.C.G.A. § 46-7-25 Railroad companies as motor common carriers
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598 Page: 599 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:27 0000 42051-21 46-7-25 (QS) GA 04 RV34 -- 3rd RUN MOTOR CARRIERS 46-7-26 Reserved. Repealed by Ga. L. 1996, p. 950, § 3, effective April 15, 1996. Editor’s notes. — This Code section was …
O.C.G.A. § 46-7-3 Requirement for certificate
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No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the commissioner a certificate. (Ga. L. 1931, p. 199, § 4; Code 1933, § 68-604; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p.…
O.C.G.A. § 46-7-30 Enforcement of article
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The commissioner is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief. (Ga. L. 1931, p. 199, § 13; Code 1933, § 68-618; Ga. L. 1963, p. 376, § 1; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. —…
O.C.G.A. § 46-7-31 Injunctions
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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 article, or which operates otherwi…
O.C.G.A. § 46-7-32 No vested right or perpetual franchise in use of public highways
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Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpe…
O.C.G.A. § 46-7-33 Proceedings before commissioner generally; appeal from orders
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In all respects in which the commissioner has power and authority under this article, proceedings may be instituted, complaints made and filed with him or her, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commissioner m…
O.C.G.A. § 46-7-34 Effect of certificates granted under prior laws
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(a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commissioner or surrendered by the holders ther…
O.C.G.A. § 46-7-35 Applicability of article generally
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Reserved. Repealed by Ga. L. 1986, p. 1283, § 7, effective April 9, 1986. Editor’s notes. — This Code section, which was repealed in 1986, was reserved by Ga. L. 1996, p. 950, § 3, effective April 15, 1996. Ga. L. 2000, p. 951, § 9-4, effective July 1, 2001, reenacted the reserva…
O.C.G.A. § 46-7-39 Penalty
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Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commissioner, or who procures, aids, or abets therein, shall be guilty of…
O.C.G.A. § 46-7-6 Certificate transfer procedure
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Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commissioner, and not otherwise. (Ga. L. 1931, p. 199, § 4; Code 1933, § 68-608; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — Ga.…
O.C.G.A. § 46-7-8 Rules as to manner and form of application for certificate
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The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application: (1…
O.C.G.A. § 46-7-85.1 Definitions
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As used in this article, the term: (1) ‘‘Certificate’’ means a certificate issued by the commissioner. (2) ‘‘Chauffeur’’ means any person with a Georgia state driver’s license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the commi…
O.C.G.A. § 46-7-85.10 Chauffeur’s permit; requirements
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In order to secure a chauffeur’s permit, an applicant must provide the following information on a form provided by the commissioner. The applicant must: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver’s license which is not limited as defined in Code Section 4…
O.C.G.A. § 46-7-85.11 Preemption of regulation by general law; local fees authorized
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The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing busin…
O.C.G.A. § 46-7-85.12 Tariff of rates and charges
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A limousine carrier operating under a certificate issued by the commissioner shall be required to file with the commissioner a tariff of rates and charges. (Code 1981, § 46-7-85.12, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — Ga. L. 2000, …
O.C.G.A. § 46-7-85.13 Hearings on orders, regulations, or requirements
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Before the commissioner 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. (Code 1981, § 46-7-85.13, enacted by Ga. L. 1994, p. 1238, § 2; Ga. …
O.C.G.A. § 46-7-85.14 Temporary permits
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A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. T…
O.C.G.A. § 46-7-85.15 License plates
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Each limousine carrier which registers any vehicle under this article 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 company name, …
O.C.G.A. § 46-7-85.16 Eligibility for certificates of carriers operating on May 1, 1994
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Reserved. Repealed by Ga. L. 2000, p. 951, § 9-4, effective July 1, 2001. Editor’s notes. — This Code section was based on Code 1981, § 46-7-85.16, enacted by Ga. L. 1994, p. 1238, § 2. 618 Page: 619 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:47 …
O.C.G.A. § 46-7-85.17 Rules and regulations
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The commissioner shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article. (Code 1981, § 46-7-85.17, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — Ga. L. 2000, p. 951, § 13-1, n…
O.C.G.A. § 46-7-85.2 Compliance with article
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No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. (Code 1981, § 46-7-85.2, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951,…
O.C.G.A. § 46-7-85.3 Requirement for certificate
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No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner a certificate to do so. (Code 1981, § 46-7-85.3, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2004, p.…
O.C.G.A. § 46-7-85.4 Application for issuance of certificate
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(a) The commissioner shall prescribe the form of the application for the 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 his or her judgment,…
O.C.G.A. § 46-7-85.5 Safety and mechanical inspections
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(a) It shall be the duty of the commissioner to regulate limousine carriers with respect to the safety of equipment. (b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. The comm…
O.C.G.A. § 46-7-85.6 Tranferability of certificates; authorization needed to encumber
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No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commissioner. (Code 1981, § 46-7-85.6, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — Ga. L. 2000, p. 951, § 13-…
O.C.G.A. § 46-7-85.7 Grounds for cancellation, revocation, or suspension of certificate
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The commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds: 613 Page: 614 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:42 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-7-85.7 PUBLIC UTILI…
O.C.G.A. § 46-7-85.9 Chauffeur’s permit; form; possession requirement; fee; term
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Pursuant to rules and regulations prescribed by the commissioner, each chauffeur employed by a limousine carrier shall register with the commissioner and secure a permit as a limousine chauffeur. A chauffeur’s permit issued under this subsection shall be upon a form prescribed by…
O.C.G.A. § 46-7-9 Fees generally
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The commissioner shall collect the following fees pursuant to this article: (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 than six motor vehicles; (2) A fee of $150.00 to ac…
O.C.G.A. § 46-7-90 Violation of laws administered by commissioner; judicial review
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(a) Any motor or common contract carrier subject to the jurisdiction of the commissioner, which carrier willfully violates any law administered by the commissioner or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order a…