Title 46

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.)

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…

In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce Page: 607 Job Path: @mfgmic/west/stcodes/ga/repl/qj0…

(a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the Page: 608 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:37 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN …

(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commissioner for motor common or contract carriers of passengers or household go…

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…

The commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in his or her judgment, may be required. (Ga. L. 1931, p. 199…

The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the ‘‘Motor Carrier Act of 1929,’’ under the ‘‘Motor Carrier Act of 1931,’’ or under prior law, i…

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.)

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

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…

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…

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.)

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, …

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.)

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,…

(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.)

The commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds: 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 PUBLIC UTILITIES, ETC. (1)…

After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier. (Code 1981, § 46-7-85.8, enacted by Ga. L. 1994, p. 1238, § 2; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2004…

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…

(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) Whenever the commissioner, after a hearing conducted in accordance with the provisions of subsection (b) of Code Section 46-7-90, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the commissio…

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 …

Safety and mechanical inspections. Tranferability of certificates; authorization needed to encumber. Grounds for cancellation, revocation, or suspension of certificate. Operations unlawful after cancellation, revocation, or suspension of certificate. Chauffeur’s permit; form; pos…

Any railroad company in this state which leases its property or line of road to another railroad company or to a private person shall have the contract of lease, or other contract of like nature evidencing the change of control and possession of such property or line of road, rec…

A failure or refusal by a railroad company to comply with Code Section 46-8-1 will authorize any person having a right of action against the railroad company or its lessee, including an employee of either, to file and prosecute the action against the railroad company in all respe…

(a) The secretary of a railroad company, or other officer or agent of a railroad company who is the custodian of the books, records, papers, or other property of the company, shall keep the same in his possession at all times during business hours and have the same ready to be ex…

The provisions of Article 14 of Chapter 2 of Title 14 shall be applicable to railroad corporations dissolved under this chapter. (Ga. L. 1953, Ex. Sess., p. 213, § 10; Ga. L. 1989, p. 946, § 113.) ARTICLE 2 POWERS AND DUTIES OF COMMISSION AS TO RAILROAD COMPANIES GENERALLY

(a) The power to determine what are just and reasonable rates and charges is vested exclusively in the commission. (b) The commission: (1) Shall make reasonable and just rates of freight and passenger tariffs, such rates to be observed by all railroad companies doing business in …

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…

The commission is vested with full power and authority to make, prescribe, and enforce all such reasonable rules, regulations, and orders as may be necessary to compel and require the several railroad companies in this state to receive, receipt for, forward, and deliver promptly …

All contracts and agreements as to freight and passenger rates between railroad companies doing business in this state shall be submitted to the commission for inspection and correction so that it may be ascertained whether or not such contracts and agreements are in violation of…

The commission, upon complaint, shall inspect any railroad or any part of any railroad in this state. If the railroad is found to be in an unsafe or dangerous condition, the commission shall require the same to be put and kept in such condition as will render travel over the same…

All corporate powers and privileges of railroad companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions expressed in and subject to all the provisions of this chapter and of the Constitution of Georgia. If by reason of interes…

(a) Any group of ten or more persons who desire to be incorporated as a railroad company shall prepare a petition in writing, addressed to the Secretary of State, in which shall be stated: (1) The names and residences of each of the persons desiring to form the corporation; (2) T…