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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

106 sections·Filtered byTitle 46✕Ch 9✕

O.C.G.A. § 46-9-170 Failure of person issuing or selling passenger tickets on board vessel to include country of registry on advertisement, circular, or other printed paper in regard to passage
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No person issuing, selling, or offering to sell any passenger ticket on board any vessel, including the owner or consignee of such vessel or his agents, servants, or employees, shall omit reference to the country of registry of such vessel from any advertisement, circular, circul…
O.C.G.A. § 46-9-171 Contents of tickets, certificates, orders, or receipts issued as evidence of a right of passage on the high seas; required signatures on such tickets, certificates, orders, or receipts
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(a) A ticket or instrument issued as evidence of a right of passage on the high seas from any port in this state to any port of any other state or nation, every certificate or order issued for the purpose or under pretense of procuring such ticket or instrument, and every receipt…
O.C.G.A. § 46-9-172 Penalty
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Any person, partnership, association, firm, agency, or corporation violating any provision of this part shall be guilty of a misdemeanor, provided that no violator shall be fined less than $500.00 for each violation. (Ga. L. 1966, p. 26, § 3.) ARTICLE 5 CARRIERS’ LIENS
Lien of carrier for fare and baggage charges

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O.C.G.A. § 46-9-190

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(a) A carrier of passengers shall have a lien on the passengers’ baggage, not only for baggage charges but also for the passengers’ fare. This lien may be foreclosed as described in subsection (b) of this Code section. (b) Whenever baggage has been transported to destination by a…

O.C.G.A. § 46-9-191 Lien of carrier for freight charges

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When a carrier has complied with his contract as to transportation, he shall have a lien on the goods for the freight charges and may retain possession until the lien is paid, unless this right is waived by special contract or actual delivery of the goods. If the goods are delive…

O.C.G.A. § 46-9-210 Duty of railroad companies to put on sale and to sell tickets of connecting roads and to check baggage over such roads

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No railroad company having an office or agency within this state shall refuse to put on sale or refuse to sell any ticket of any other railroad company with which the same may be directly or indirectly connected, at the price or rate fixed by the commission, for passage over line…

O.C.G.A. § 46-9-211 Duty of railroad companies to place their tickets for sale with connecting roads; duty to accept such tickets and to receive and transport baggage checked upon such tickets; security for tickets

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(a) No railroad company operating or doing business wholly or partly within this state shall: (1) Refuse to put on sale with the agents of any other railroad company with which it may be connected, whether directly or indirectly, tickets for any point upon its lines of road; (2) …

O.C.G.A. § 46-9-212 Switching off and delivering to connecting roads all cars consigned to points over or beyond the connecting roads

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(a) All railroad companies in this state shall, at the terminus or at any intermediate point, be required to switch off and deliver to connecting roads, in the yard of such roads, all cars passing over their lines which cars contain goods or freights consigned, without rebate or …

O.C.G.A. § 46-9-213 Discrimination by railroad companies in freight-transportation rates charged to connecting lines and routes

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No railroad company shall discriminate in its rates or tariffs for freights in favor of any line or route connected with it as against any other line or route; nor, when a part of its own line is sought to be run in connection with any other route, shall such company discriminate…

O.C.G.A. § 46-9-214 Applicability of Code Sections 46-9-212 and 46-9-213 to interstate shipments and consignments

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Code Sections 46-9-212 and 46-9-213 shall not apply to shipments or consignments of freights from points beyond the limits of this state, except such as come by sea. (Ga. L. 1874, p. 94, § 5; Code 1882, § 719u; Civil Code 1895, § 2216; Civil Code 1910, § 2659; Code 1933, § 93-412…

O.C.G.A. § 46-9-215 Duty of railroad companies to receive freight cars from connecting roads; measure of damages for failure or refusal to receive cars

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All railroad companies in this state, at the terminus or at any intermediate point, shall receive from the connecting road all cars containing freight consigned to any point on the road to which the same is offered and shall transport the cars to their destination with reasonable…

O.C.G.A. § 46-9-216 Civil penalty

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For every violation of any of the provisions of Code Section 46-9-210 or 46-9-211, the railroad company shall be subject to a civil penalty of $1,000.00, which may be recovered in any superior or city court of the county in which such violation may occur. An action may be brought…

O.C.G.A. § 46-9-230 Manner of incorporation of express companies

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If a group of at least five persons (1) files a petition with the Secretary of State setting forth that they desire to be incorporated as an express company, the name under which they desire to be incorporated, the amount of capital stock which the company proposes to have, the p…

O.C.G.A. § 46-9-231 Organization of express companies

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The petitioners shall be the first directors of the company. Upon receiving the prescribed certificate, the directors shall organize by electing one of their number president and shall elect such other corporate officers as may be necessary; and they shall open books of subscript…

O.C.G.A. § 46-9-232 Location of principal office

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All companies incorporated under this article shall have their principal offices in this state. (Ga. L. 1893, p. 84, § 4; Civil Code 1895, § 2003; Civil Code 1910, § 2384; Code 1933, § 41-103.)

O.C.G.A. § 46-9-233 Powers of express companies generally

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Any company incorporated under this article may: (1) Sue and be sued; (2) Have a corporate seal; (3) Contract and be contracted with; (4) Take bonds of indemnity with security from its agents and employees; (5) Acquire, by purchase, devise, or otherwise, and hold real and persona…

O.C.G.A. § 46-9-234 Venue; binding effect of judgment

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The superior court of the county where goods are received for shipment by an express company doing business in this state or the superior court of the county where goods are to be delivered by such a company, shall have jurisdiction over that company, and the judgment shall bind …

O.C.G.A. § 46-9-235 Service of process; effect of judgment

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In all cases where its chief officer does not reside in this state, an express company may be served in any proceeding against it by serving a copy of the summons and complaint upon any agent of such company within this state. The judgment obtained in cases so commenced shall bin…

O.C.G.A. § 46-9-236 Posting of name of president or chief officer of express company

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When the president or other chief officer of any express company resides in this state, it shall be the duty of such company to post in a public and Page: 859 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:39 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN T…

O.C.G.A. § 46-9-250 Demand or receipt by railroad companies of more than a fair and reasonable rate for transportation of passengers or freight or for transportation of railroad cars

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If any railroad company organized or doing business under the laws of this state charges, collects, demands, or receives more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportat…

O.C.G.A. § 46-9-251 Unjust discrimination by railroad companies as to rates or charges for transportation of passengers or freight and for use and transportation of railroad cars

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If any railroad company organized or doing business under the laws of this state makes any unjust discrimination in its rates or charges of toll or any compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railro…

O.C.G.A. § 46-9-252 Overcharging by officers, agents, or other employees of common carriers

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Any officer, agent, or other employee of a common carrier who charges a rate for transporting freight or passengers which is in excess of the rates established by the commission shall be guilty of a misdemeanor. (Ga. L. 1865-66, p. 237, § 1; Code 1868, § 4513; Code 1873, § 4603; …

O.C.G.A. § 46-9-253 Transportation of gunpowder, dynamite, or other explosives

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Any person who causes more than five pounds of gunpowder, or any amount of dynamite or other dangerous explosive, to be transported upon water, by railroad, or otherwise shall have the word ‘‘Gunpowder,’’ ‘‘Dynamite,’’ or other name of the explosive marked in large letters upon e…

O.C.G.A. § 46-9-270 Short title

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This article shall be known and may be cited as the ‘‘Georgia Rail Passenger Authority Law.’’ (Code 1981, § 46-9-270, enacted by Ga. L. 1985, p. 1283, § 1.) Page: 863 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:44 0000 42051-21 (QS) GA 04 RV34 -- 3…

O.C.G.A. § 46-9-271 Legislative purpose

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There is created the Georgia Rail Passenger Authority for the purpose of construction, financing, operation, and development of rail passenger service and other public transportation projects within and without the State of Georgia. (Code 1981, § 46-9-271, enacted by Ga. L. 1985,…

O.C.G.A. § 46-9-272 Definitions

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As used in this article, the term: (1) ‘‘Authority’’ means the public body corporate and politic created pursuant to this article. (2) ‘‘Cost of the project’’ or ‘‘cost of any project’’ means and shall include: All costs of acquisition, by purchase or otherwise, construction, ass…

O.C.G.A. § 46-9-273 Powers of authority generally

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The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in th…

O.C.G.A. § 46-9-274 Membership of authority; filling of vacancies; disclosure of pecuniary interests; election of officers; expense allowance and travel costs

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(a) The authority shall be composed of members appointed by the Governor. One member shall be appointed from and shall be a resident of each of the congressional districts and two members shall be appointed from the state at large. All members shall be appointed for terms of four…

O.C.G.A. § 46-9-275 Issuance of revenue bonds, notes, or other obligations; refunding bonds

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Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, Page: 869 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:47 0000 42051-21 (QS) GA 04 RV34 -- 3rd RU…

O.C.G.A. § 46-9-276 Authority to execute agreements or instruments; use of proceeds from sale of bonds and other obligations; issuance of subsequent obligations; bond anticipation notes; validation and form of bonds

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(a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sal…

O.C.G.A. § 46-9-277 Public purpose of article

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The implementation of rail passenger service and public transportation projects within the State of Georgia develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the sta…

O.C.G.A. § 46-9-278 Liberal construction to effect stated purpose

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The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore…

O.C.G.A. § 46-9-279 Status of bonds and other obligations as constituting debt or obligation of state, county, or other political subdivisions

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No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner co…

O.C.G.A. § 46-9-280 Exemption of authority from taxes or assessments

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The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an instituti…

O.C.G.A. § 46-9-281 Effect of article on other authorities

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This article shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law. (Code 1981, § 46-9-281, enacted by Ga. L. 1985, p. 1283, § 1.) ARTICLE 9A RAILWAY PASSENGER SERVICE CORRIDOR SYSTEM

O.C.G.A. § 46-9-290 Designated Georgia Rail Passenger Corridors

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(a) For purposes of state planning and development of service there is created a comprehensive and coordinated state-wide system of railway passenger service corridors for providing railway passenger service to the general public and connecting points within and throughout this s…

O.C.G.A. § 46-9-291 Planning and development

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(a) Any and all railway passenger service plans or programs of any and all state departments, agencies, boards, bureaus, commissions, or authorities having responsibility for the same shall be conducted and coordinated so as to conform planning and development of service to the r…

O.C.G.A. § 46-9-300 Authority of Governor to execute compact for a designated state; legislative approval of compact; text of compact

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The Governor, on behalf of this state, is authorized to execute a compact in substantially the following form with the States of Louisiana, Mississippi, and Alabama and the General Assembly, by this article, signifies in advance its approval of such compact, which compact is as f…

O.C.G.A. § 46-9-320 Short title

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This article shall be known and may be cited as the ‘‘Southwest Georgia Railroad Excursion Authority Law.’’ (Code 1981, § 46-9-320, enacted by Ga. L. 2000, p. 1117, § 1.)

O.C.G.A. § 46-9-321 Creation; administrative assignment

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(a) There is created a body corporate and politic to be known as the Southwest Georgia Railroad Excursion Authority, which shall be deemed to be an instrumentality of the state and a public corporation, for the purposes of construction, financing, operation, and development of ra…

O.C.G.A. § 46-9-322 Definitions

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As used in this article, the term: (1) ‘‘Authority’’ means the public body corporate and politic created pursuant to this article. (2) ‘‘Cost of the project’’ or ‘‘cost of any project’’ means and shall include: All costs of acquisition, by purchase or otherwise, construction, ass…

O.C.G.A. § 46-9-323 Powers

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The authority shall have all of the powers necessary, proper, and convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in t…

O.C.G.A. § 46-9-324 Membership; civil office; chairperson; conflicts of interest; compensation

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(a) The authority shall be composed of members appointed by governing authorities of counties and municipalities within the service area as provided by this subsection. The governing authorities of the Counties of Crisp and Sumter and the municipalities of Americus, Cordele, Lesl…

O.C.G.A. § 46-9-325 Members accountable as trustees; records

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The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement…

O.C.G.A. § 46-9-326 Revenue bonds, notes, and other obligations

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Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real Page: 885 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:59 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN TRANSPO…

O.C.G.A. § 46-9-327 Provisions of obligations; use of proceeds; form of bonds

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(a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sal…

O.C.G.A. § 46-9-328 Implementation of rail passenger excursion projects

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The implementation of rail passenger excursion projects within the service area develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate fav…

O.C.G.A. § 46-9-329 Liberal construction of provisions

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The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore…

O.C.G.A. § 46-9-330 Indebtedness not obligation of state or political subdivision

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No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner co…

O.C.G.A. § 46-9-331 Purpose of authority’s creation; tax exemption

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The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an instituti…