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Georgia Statutes, Title 40

Georgia/Statutes

← All Georgia coverage

Title 40

16 chapters · 848 sections in this title.

All chapters in Title 40848 Ch 6, UNIFORM RULES OF THE ROAD202 Ch 2, REGISTRATION AND LICENSING OF MOTOR …131 Ch 5, DRIVERS’ LICENSES123 Ch 1, IDENTIFICATION AND REGULATION101 Ch 8, EQUIPMENT AND INSPECTION OF MOTOR VE…72 Ch 3, CERTIFICATES OF TITLE, SECURITY INTE…52 Ch 13, PROSECUTION OF TRAFFIC OFFENSES36 Ch 9, REPORTING ACCIDENTS; GIVING PROOF OF…33 Ch 14, USE OF SPEED DETECTION DEVICES AND R…27 Ch 4, IDENTIFICATION OF AND PURCHASE AND R…18 Ch 11, ABANDONED, DERELICT, AND CIVIL FORFE…14 Ch 10, GOVERNOR’S OFFICE OF HIGHWAY SAFETY10 Ch 16, DEPARTMENT OF DRIVER SERVICES10 Ch 12, ACTIONS AGAINST NONRESIDENT MOTORISTS8

848 sections·Filtered byTitle 40✕

O.C.G.A. § 40-1-1 Deﬁnitions
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As used in this title, the term: (1) “Alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (2) “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban distri…
O.C.G.A. § 40-1-2 Horsepower standards
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The Society of Automotive Engineers horsepower rating formula is adopted as the standard for determining the horsepower of passengercarrying vehicles. History. Ga. L. 1927, p. 226, § 2; Code 1933, § 68-102; Ga. L. 1990, p. 2048, § 1.
O.C.G.A. § 40-1-3 Requiring or permitting unlawful operation of vehicle
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It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. History. Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 122; Ga. L. 1990…
O.C.G.A. § 40-1-4 Stickers, decals, or emblems containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body
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Showing 1–50 of 848

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No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human bo…

O.C.G.A. § 40-1-5 Disclosure of damage to new motor vehicles

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(a) As used in this Code section, the terms “dealer,” “distributor,” “manufacturer,” and “new motor vehicle” shall have the same meaning as set forth in Code Section 40-2-39. (b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale o…

O.C.G.A. § 40-1-6 Uniforms of law enforcement officers

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Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers’…

O.C.G.A. § 40-1-7 Blue light required for officers enforcing traffic; exception

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Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall place a visible blue light on…

O.C.G.A. § 40-1-8 Safe operations of motor carriers, commercial motor vehicles, and drivers; safe transportation of hazardous materials

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(a) As used in this Code section, the term: (1) “Commissioner” means the commissioner of public safety. (2) “Department” means the Department of Public Safety. (3) “Present regulations” means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2024. (b) …

O.C.G.A. § 40-1-9 Electronic notiﬁcations and communications by Department of Revenue

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(a) For purposes of this Code section, the term: (1) “Department” means the Department of Revenue. (2) “Owner” means a person having an interest in or title to a vehicle. Such term shall include a lienholder, security interest holder, and any person entitled to the use or possess…

O.C.G.A. § 40-1-20 Short title

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This article shall be known and may be cited as the “Transportation of Hazardous Materials Act.” History. Code 1981, § 40-1-20, enacted by Ga. L. 2011, p. 479, § 10/HB 112.

O.C.G.A. § 40-1-21 Legislative ﬁndings; construction

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The General Assembly ﬁnds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety…

O.C.G.A. § 40-1-22 Deﬁnitions

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As used in this article, the term: (1) “Anhydrous ammonia” means the materials identiﬁed as “ammonia, anhydrous,” or “ammonia solutions with more than 50 percent ammonia and relative density less than 0.880 at 15 degrees Centigrade in water,” in federal hazardous materials regula…

O.C.G.A. § 40-1-23 Regulatory compliance inspections; notiﬁcation; jurisdiction; permit required; escorts or inspections; exceptions; recovery for damage or discharge; civil monetary penalties; department authority

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(a) Notwithstanding any other provision of law to the contrary, any person transporting, shipping, or offering for transportation hazardous material on the public roads of this state shall be subject to the requirements of this article. Persons who ship, offer, transport, or stor…

O.C.G.A. § 40-1-24 Enforcement; use of funds; regulatory compliance inspections by others; examination of facilities

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(a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this article, as provided for in this article and Chapter 2 of Title 35. It is the intent of the General Assembly, subject to the ap…

O.C.G.A. § 40-1-25 Severability

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In the event that any section, paragraph, or other part of this article, or any requirement thereunder, or any rule, regulation, or order of the commissioner promulgated hereunder, is found to be preempted by federal law, or otherwise found to be improper, null or otherwise void,…

O.C.G.A. § 40-1-100 Deﬁnitions

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As used in this part, the term: (1) “Carrier” means a person who undertakes the transporting of goods or passengers for compensation. (2) “Certiﬁcate” or “motor carrier certiﬁcate” means a certiﬁcate of public convenience and necessity issued pursuant to this part or under the “M…

O.C.G.A. § 40-1-101 Regulatory compliance inspections; regulation of business; requirements of motor carriers

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(a) Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject to the requirements of this part and shall be deemed to have given consent to regulatory compliance inspections. (b) Unless expressly pr…

O.C.G.A. § 40-1-102 Certiﬁcate or permit prerequisite to operation; minimum insurance requirement

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(a) No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without ﬁrst obtaining from the commissioner a certiﬁcate or permit. (b) Before a motor carrier may enter into any contract for the transportation of passengers, the mo…

O.C.G.A. § 40-1-103 Application form for certiﬁcate; issuance to qualiﬁed applicant

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(a) The department shall prescribe the form of the application for a motor carrier 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 its judgmen…

O.C.G.A. § 40-1-104 Revocation, alteration, or amendment of certiﬁcate or permit; suspension; out-of-service orders

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(a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certiﬁcate or permit, if it shall be made to appear that the holder of the certiﬁcate has willfully violated or refused to observe an…

O.C.G.A. § 40-1-105 Transfer of certiﬁcate

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Any motor carrier certiﬁcate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise. History. Code 1981, § 40-1-105, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

O.C.G.A. § 40-1-106 Fitness of applicant; protest of application by certiﬁcate holder

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

O.C.G.A. § 40-1-107 Information in application

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The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods or property shall apply for certiﬁcates required by this part. Such rules shall require that the application be in writing, under oath, and that the applica…

O.C.G.A. § 40-1-108 Transportation of persons under age 21 drinking alcohol

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Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commissioner shall provide to all motor carriers…

O.C.G.A. § 40-1-109 Fees upon initial application

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The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part: (1) A fee of $75.00 to accompany each application for a motor carrier certiﬁcate, or amendment to an existing certiﬁcate, where the applicant owns or oper…

O.C.G.A. § 40-1-110 Hearing and notice of pending application

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The commissioner, upon the ﬁling of an application for a motor carrier certiﬁcate, shall give notice of the pending application by posting the same on the department’s official website for ten days. If a protest is ﬁled with the department, the commissioner shall ﬁx a time and pl…

O.C.G.A. § 40-1-111 Limitation upon reapplication for denied applicants

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When an application for a motor carrier certiﬁcate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction,…

O.C.G.A. § 40-1-112 Insurance requirements; joinder

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(a) No motor carrier of household goods or property or passengers shall be issued a motor carrier certiﬁcate unless there is ﬁled with the department a certiﬁcate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity in…

O.C.G.A. § 40-1-113 Transportation contracts limiting liability

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(a) As used in this Code section, the term: (1) “Motor carrier transportation contract” means a contract, agreement, or understanding covering: (A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the …

O.C.G.A. § 40-1-114 Temporary emergency motor carrier authority

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Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier ser…

O.C.G.A. § 40-1-115 Notice of discontinuance of route

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A motor carrier of passengers may discontinue its entire service on any route upon 30 days’ published notice to be prescribed by the department, and thereupon its certiﬁcate therefor shall be canceled. A motor carrier of passengers may discontinue any part of its service on any r…

O.C.G.A. § 40-1-116 Local taxation prohibited

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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 motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier. History. Cod…

O.C.G.A. § 40-1-117 Registered agents of nonresident motor carrier; service; venue and exclusions; covered farm vehicles

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(a) Each nonresident motor carrier shall, before any certiﬁcate or permit is issued to it under this part or at the time of registering as required by Code Section 40-2-140, designate and maintain in this state an agent or agents upon whom may be served all summonses or other law…

O.C.G.A. § 40-1-118 Establishment of rates, fares, and charges for transportation of household goods

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The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be ﬁled and publish…

O.C.G.A. § 40-1-119 Charges by motor carriers; unjust discrimination by carriers prohibited

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No motor carrier of household goods or passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of household goods or passengers or for any service rendered in connection therewith than the rates, fares, and charges…

O.C.G.A. § 40-1-120 Size and rates for passenger baggage

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Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or…

O.C.G.A. § 40-1-121 Inspection of books and records

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The department shall prescribe the books and the forms of accounts to be kept by the holders of certiﬁcates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certiﬁcate hold…

O.C.G.A. § 40-1-122 Observing laws; schedule of operation

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Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, ﬁle with the department the schedules upon which they propose to operate th…

O.C.G.A. § 40-1-123 Enjoining operation of motor carriers

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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 part or which operates otherwise tha…

O.C.G.A. § 40-1-124 Perpetual franchise over public highways prohibited

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Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certiﬁcate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual fr…

O.C.G.A. § 40-1-125 Hearing upon suspension or revocation of motor carrier certiﬁcate; judicial review

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(a) Upon issuance by the commissioner of an order suspending or revoking a motor carrier certiﬁcate, such motor carrier shall be afforded a hearing to be held in accordance with the procedures set forth in Code Section 40-1-56. (b) Any person whose motor carrier certiﬁcate has be…

O.C.G.A. § 40-1-126 Carriers engaged in interstate and intrastate commerce

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In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the departme…

O.C.G.A. § 40-1-127 Actions for recovery of overcharges; rates, charges, and claims for loss or damage

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(a) All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a…

O.C.G.A. § 40-1-128 Accepting or receiving rebates or drawbacks; primafacie evidence of intentional violation; burden of claiming exception

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(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 department for motor carriers of passengers or household goods, or who procures,…

O.C.G.A. § 40-1-129 Fines for violating certiﬁcate requirement; advertising services without certiﬁcate prohibited

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(a) Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, ﬁnds that any person, ﬁrm, or corporation is operating as a household goods carrier for hire without a valid certiﬁcate issued by the department or is holding itself …

O.C.G.A. § 40-1-130 Inclusion of motor carrier authorization number in advertising

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In any advertisement for a motor 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 motor carrier shall include the motor carrier authorization number is…

O.C.G.A. § 40-1-150 Short title

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This part shall be known and may be cited as the “Georgia Limousine Carrier Act.” History. Code 1981, § 40-1-150, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

O.C.G.A. § 40-1-151 Deﬁnitions

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As used in this part, the term: (1) “Certiﬁcate” or “limousine carrier certiﬁcate” means a certiﬁcate issued by the department for the operation of limousines or limousine services under this part and such certiﬁcates issued by the Public Service Commission on or before June 30, …

O.C.G.A. § 40-1-152 Operation in accordance with article; certiﬁcate required

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(a) No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. (b) No person may engage in the bu…

O.C.G.A. § 40-1-153 Application form and requirements; issuance standards for certiﬁcate

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(a) The department shall prescribe the form of the application for a limousine carrier 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 its jud…