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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

842 sections·Filtered byTitle 46✕

O.C.G.A. § 46-9-53 Discrimination by railroad companies in applying freight-storage charges
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In applying freight-storage charges fixed by the commission, no railroad company shall discriminate between persons, either directly or indirectly, by means of rebate or any other device. (Ga. L. 1890-91, p. 149, § 3; Civil Code 1895, § 2208; Civil Code 1910, § 2651; Code 1933, §…
O.C.G.A. § 46-9-54 Making and retaining freight-storage charges in accordance with rates fixed by commission
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No railroad company shall make or retain, either directly or indirectly, any charge for storage of freight greater than that fixed by the commission for each particular storage. (Ga. L. 1890-91, p. 149, § 3; Civil Code 1895, § 2208; Civil Code 1910, § 2651; Code 1933, § 93-404.)
O.C.G.A. § 46-9-55 Remedy for persons charged excessive freight-storage rates or subjected to discrimination in application of freight-storage rates
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If any railroad company violates Code Section 46-9-53 or Code Section 46-9-54, either by exceeding the rates of storage prescribed or by discriminating as to rates charged, the person paying such overcharge or subjected to such discrimination shall have the right to bring an acti…
O.C.G.A. § 46-9-56 False billing, false weighing, or false report of weight by common carriers

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Any common carrier of freight within the limits of this state or, if such common carrier is a corporation, any officer, agent, or employee thereof, who, by means of false billing, false classification, false weighing, false report of weight, or by any other device or means, knowi…

O.C.G.A. § 46-9-57 False billing or false weighing by a person who delivers property for transportation to a common carrier or for whom, as consignor or consignee, such carrier transports property

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Any person, including any officer or agent of any corporation, who delivers property to any common carrier of freights within this state for transportation within this state to any common carrier of freights within this state, or for whom, as consignor or consignee, any such carr…

O.C.G.A. § 46-9-90 Duty of railroad companies to furnish refrigerator cars; filing of application for cars by shipper

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It shall be the duty of the railroad companies of this state to furnish any grower of peaches, apples, cantaloupes, watermelons, or other perishable products with suitable icing and refrigerator cars or other suitable cars for the transportation of such products, whenever applica…

O.C.G.A. § 46-9-91 Liability of company for failure to furnish cars; written claim for damages by shipper; time of payment by company; liquidated damages

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(a) Whenever any railroad company fails to furnish icing and refrigerator cars as required by Code Section 46-9-90 and the shipper places his product in carload lots or, in cases of less than carload lots, expresses to the agent of the railroad company his willingness to pay char…

O.C.G.A. § 46-9-92 Liability of shipper for failing or refusing to accept cars; liability of shipper for failure or refusal to pay damages upon written demand therefor

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In the event the shipper fails or refuses to accept any suitable cars furnished in a timely manner pursuant to Code Section 46-9-90, he shall be liable to the railroad company for the sum of $10.00 per car and the cost of the first or initial icing in the event the same is iced. …

O.C.G.A. § 46-9-130 Duty of common carrier to receive passengers generally

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A common carrier holding himself out to the public as such is bound to receive all passengers whom he is able and accustomed to carry, upon compliance with such reasonable regulations as he may adopt for his own safety and for the benefit of the public. (Orig. Code 1863, § 2042; …

O.C.G.A. § 46-9-131 Extent of right of carriers to refuse admittance to persons and to eject passengers

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Carriers of passengers may refuse to admit to, or may eject from, their conveyances all persons who refuse to comply with reasonable regulations of the carrier or who exhibit improper conduct. Carriers may also refuse to convey persons seeking to interfere with their business or …

O.C.G.A. § 46-9-132 Duty of carriers of passengers to exercise extraordinary diligence

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A carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence. (Orig. Code 1863, § 2040; Code 1868, § 2041; Code 1873, § 2067; Code 1882, § 2067; Civil Code …

O.C.G.A. § 46-9-134 Duty of conductors or other railroad employees to assign passengers to cars and compartments; investing of conductors and railroad employees with police powers

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All conductors or other railroad employees in charge of passenger cars shall assign all passengers to their respective cars, or compartments of cars, provided by the railroad company. All conductors of street cars and buses shall assign all passengers to seats on the cars under t…

O.C.G.A. § 46-9-135 Duty of passengers to remain in assigned car, compartment, or seat; ejectment of passenger by conductor and railroad employees

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(a) No passenger shall remain in any car, compartment, or seat other than the one to which he has been assigned. The conductor and any and all employees on such cars shall have the power to eject from the train or car any passenger who refuses to remain in the car, compartment, o…

O.C.G.A. § 46-9-136 Carriage of baggage

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(a) A carrier of passengers may limit the value of the baggage which may be taken on board in proportion to the fare paid. Page: 841 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:21 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN TRANSPORTATION OF FREIGHT A…

O.C.G.A. § 46-9-137 Granting of passes by common carriers to former employees and their immediate family

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Common carriers may grant passes upon their transportation lines to any former employee of the company and his immediate family if such employee, owing to length of service or because of an injury suffered in the service of the company, has been retired from the company but is ke…

O.C.G.A. § 46-9-138 Granting of annual passes by common carriers to sheriffs and their deputies

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Common carriers operating in this state may issue annual passes to all sheriffs and their lawful deputies, provided that the term ‘‘sheriffs and their lawful deputies,’’ as used in this Code section, means one sheriff and one lawful deputy for each county; provided, further, that…

O.C.G.A. § 46-9-139 Selling or dealing in passenger tickets by person other than authorized agent of common carrier issuing such tickets

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(a) It shall be unlawful for any person, other than the authorized agent of the common carrier issuing the same, to sell or otherwise deal in, or offer to sell, any passenger ticket which was issued and sold for less than the standard schedule rate under contract with the origina…

O.C.G.A. § 46-9-140 Duty of common carriers to redeem unused tickets and unused portions of tickets

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(a) It shall be the duty of every common carrier who has sold any tickets or other evidence of the purchaser’s right to travel on its line or on any line of which it forms a part, if the whole of such ticket is unused, to redeem the same, paying the original purchaser thereof the…

O.C.G.A. § 46-9-150 Duty of railroad companies to furnish passengers with drinking water and lights

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(a) Railroad companies shall keep in each passenger car or in any car in which passengers are transported an adequate supply of good, pure drinking water at all hours during the day and night. Any railroad company which violates this subsection shall be guilty of a misdemeanor. (…

O.C.G.A. § 46-9-151 Duty of railroad companies to telegraph and post bulletins of delayed trains

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Whenever any passenger train on any railroad in this state is more than one-half hour behind its schedule time when it passes a depot at which there is a telegraph operator during the hours such operator is required to be on duty, it shall be the duty of the railroad company to k…

O.C.G.A. § 46-9-152 Duty of railroad companies to provide conductors and other employees with baggage checks; duty of conductors to check trunks and baggage

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(a) A railroad company shall have the duty of providing its conductors, agents, or employees with checks so as to check all trunks or separate baggage of passengers from station to station on its roads when required. (b) It shall be the duty of the conductor of every passenger tr…

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

O.C.G.A. § 46-9-190 Lien of carrier for fare and baggage charges

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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…