Title 40

Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a for-hire license endorsement or private background check certification pursuant to Code Section…

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…

The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any limousine certificate issued under this part, or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated…

The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business …

(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, property, or passengers and property by a vehicle of a type listed in …

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 …

In any advertisement for a limousine carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to internet advertising and any listing or sites on any website, the limousine carrier shall include the motor carrier authorization n…

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 …

The provisions of this part and the powers granted to the department by this part to regulate limousine carriers shall apply to every vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier. History.…

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…

The General Assembly finds that it is in the public interest to provide uniform administration and parity among ride share network services, transportation referral services, and transportation referral service providers, including taxi services, that operate in this state for the…

(a) A transportation referral service or transportation referral service provider that only refers business to limousine carriers and taxi services that are licensed or registered as transportation referral service providers shall be exempt from registration under this Code secti…

(a) Each ride share network 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 ride share network service which shall be renewed on an annual basis. The…

(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) Each taxi service, transportation referral service, transportation referral service provider, and ride share network service doing busi137 ness, operating, or providing transportation services in this state shall include its license number issued by the department in any adve…

(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.

(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 …

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

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…

(a) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including but not limited to:…

A peer-to-peer car-sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and shall provide that information upon re…

A peer-to-peer car-sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. Section 30106, as such existed on January 1, 2020, and under any state or local law that imposes liability solely based on vehicle ownership. History. …

A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car-sharing program if the claim is: (1) Made against…

(a) Notwithstanding any other provision of law, a peer-to-peer carsharing program shall have an insurable interest in a shared vehicle during the car-sharing period. (b) Except as provided in Code Section 40-1-226, nothing in this part creates a liability on a peer-to-peer car-sh…

Each car-sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver: (1) Any right of the peer-to-peer car-sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic los…

(a) A peer-to-peer car-sharing program may not enter into a carsharing program agreement with a driver unless the driver who will operate the shared vehicle: (1) Holds a driver’s license issued under Code Section 40-5-28 that authorizes the driver to operate vehicles of the class…

A peer-to-peer car-sharing program shall have sole responsibility for any equipment, such as a global positioning system or other special equipment, that is put in or on the vehicle to monitor or facilitate the car-sharing transaction and shall agree to indemnify and hold harmles…

(a) 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: (1) Verify that the shared vehicle doe…

This article shall be known and may be cited as the “Georgia Motor Carrier Act of 2012.” History. Code 1981, § 40-1-50, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

The General Assembly finds that the for-hire transportation of persons and property are a privilege that require close regulation and control to protect public welfare, provide for a competitive business environment, and provide for consumer protection. To that end, the provisions…

There is created and established a division within the Department of Public Safety to be known as the Motor Carrier Compliance Division which shall include a section designated the Regulatory Compliance Section. Except as provided in Chapter 2 of Title 35, the members of the Moto…

(a) As used in this article, the term “department” means the Department of Public Safety. (b) The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief. History. Code 1981, § 40-1-53, enacted by Ga. L. 2012, …

(a) The department shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (b) The commissioner is authorized to issue such orders, aut…

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 and limousine carriers or any order, rule, or regulation of the department, or who procures, aids, or abets therein…

(a) Any motor carrier or limousine carrier subject to the provisions of Part 2 or Part 3 of this article that fails to register as a motor carrier or limousine carrier with the department or that is subject to the jurisdiction of the department and willfully violates any law admi…

(a) Whenever any motor carrier or limousine carrier owes penalties to the department which were imposed for violations pursuant to Code Section 40-1-56 and the violation relates to an identifiable vehicle, then the motor carrier or limousine carrier shall have 60 days from the dat…

Rules, orders, and regulations previously adopted which relate to functions performed by the Public Service Commission which were transferred under this article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Depar…