Title 46 — Title 46

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 …

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…

(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…

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…

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 Repealed by Ga.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;…

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 Repealed by Ga.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 …

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.…

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. —…

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…

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…

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…

(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…

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…

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…

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.…

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…

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…

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…

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…

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, …

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. …

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…

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, …

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 …

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…

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,…

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.…

(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,…

(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…

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-…

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…

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…

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…

(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…

A railroad company organized and incorporated as provided in this chapter shall be empowered: (1) To cause such examinations and surveys to be made for the proposed railroad as shall be necessary for the selection of the most advantageous route, and, by its officers, agents, serv…

Railroad companies may build and operate as part of their corporate property such number of vessels as they shall deem necessary to facilitate their business operations. (Ga. L. 1892, p. 37, § 13; Civil Code 1895, § 2174; Civil Code 1910, § 2592; Code 1933, § 94-313; Ga. L. 1982,…

(a) Any railroad company owning or operating a railroad in this state, whether such company is chartered under the laws of this state or under the laws of any other state, is authorized and empowered: (1) To reconstruct its lines or tracks, to build one or more additional main tr…

(a) Any railroad company may extend its railroad from any point named in the petition for charter or may build branch roads from any point on its line of road. Before making any such extensions or building any such branch roads, the company shall, by resolution of its board of di…

(a) Any railroad company incorporated under this chapter shall have the power to change the general direction and route of its railroad from that stated in the original petition by a two-thirds’ vote of the capital stock of the corporation represented in person or by written prox…

In all cases where a railroad crosses a highway and the cutting makes a change in the route of any such highway or a change is desirable with a view to easier ascent or descent, the railroad company may take such additional lands for the construction of such highway upon a new ro…

(a) No railroad company operating trains in this state shall employ or allow in charge of any of its locomotives in this state, as a locomotive engineer (except locomotive engines used in yard service), any person who has not had at least three years’ actual experience as a firem…

(a) All steam railroad companies operating steam locomotives on their railroads in this state shall provide and equip each steam locomotive so operated in this state with an automatic door to the firebox of such locomotive. Such automatic door shall be so constructed and so opera…

Qualifications of railroad telegraph operators; maintenance of written record of certificate of competency. Limitation of hours of service for railroad employees engaged in train operation. 46-8-197. Part 2 Signal Whistles and Lights on Trains 46-8-170. 46-8-171. 46-8-172. Equipp…

The commission shall have power and authority: (1) To ascertain the cost of construction and the present value of properties in Georgia owned by railroad companies; and to that end, the commission may employ necessary experts; (2) To prescribe rules with reference to the use, con…

All track or section foremen shall report, in such manner and at such times as may be required by federal law, the different marks and brands of all livestock killed upon their respective sections, specifying in their report on what part of their sections such livestock were or m…

All special officers appointed and commissioned as provided for in this article shall have throughout the state all the powers, duties, and responsibilities of sheriffs or other law enforcement officers of the state while engaged in the performance of their duties as such railroa…

All criminal processes served by a special officer shall be returned by him to the county from which the same originated. (Ga. L. 1935, p. 465, § 4.) ARTICLE 8 LIENS AGAINST COMPANIES GENERALLY 46-8-250. Lien for wages of railroad company employees, generally.

The amounts due employees of any railroad company for wages earned by services rendered to the railroad company shall constitute a lien upon the railroad and other property of the railroad company and shall be superior to the lien of any mortgage or other contract lien executed o…

Manner of payment after placement of company in receivership; manner of payment and rights of employees after seizure of railroad pursuant to conveyance to secure debt. Lien for furnishing materials, supplies, and articles necessary for railroad operation and for damages for kill…

Any person may make a contract in writing with any company owning or operating a railroad in this state to furnish the company with rolling stock or other equipment, deliverable either immediately or subsequently at stipulated periods. The contract may provide that the purchase m…