Bill Text: GA HB865 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Georgia Motor Common and Contract Carrier Act of 2012; enact
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-07-01 - Effective Date [HB865 Detail]
Download: Georgia-2011-HB865-Comm_Sub.html
Bill Title: Georgia Motor Common and Contract Carrier Act of 2012; enact
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-07-01 - Effective Date [HB865 Detail]
Download: Georgia-2011-HB865-Comm_Sub.html
12 LC
35 2509S
The
House Committee on Motor Vehicles offers the following substitute to HB
865:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating
to the identification and regulation of motor vehicles, so as to transfer the
functions of regulating motor carriers and limousine carriers from the Georgia
Public Service Commission to the Georgia Department of Public Safety; to amend
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,
relating to drivers' licenses, so as to authorize chauffeur endorsements on
driver's licenses; to modify, amend, and repeal provisions of the Official Code
of Georgia Annotated, so as to conform certain cross-references, remove
duplication of provisions, and remove such functions from current provisions; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
The Georgia Motor Carrier Act.
The Georgia Motor Carrier Act.
SECTION
1.
Chapter
1 of Title 40 of the Official Code of Georgia Annotated, relating to the
identification and regulation of motor vehicles, is amended by adding a new
article to read as follows:
"ARTICLE
3
Part
1
40-1-50.
This
article shall be known and may be cited as the 'Georgia Motor Carrier Act of
2012.'
40-1-51.
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 of this article are enacted.
This is a remedial law and shall be liberally construed. The Department of
Public Safety is designated as the agency to implement and enforce this article.
Exceptions contained in this article shall have no effect on the applicability
of any other provision of law applicable to motor vehicles, commercial motor
vehicles, operators of motor vehicles, or carrier operations.
40-1-52.
There
is created and established a division within the Department of Public Safety to
be known as the Motor Carrier Compliance Division. The Motor Carrier Compliance
Division shall consist of two sections, the Motor Carrier Compliance Enforcement
Section and the Motor Carrier Regulation Compliance Section. Except as provided
in Chapter 2 of Title 35, the members of the Motor Carrier Compliance
Enforcement Section shall be known and designated as law enforcement officers.
The Motor Carrier Regulation Compliance Section shall be responsible for the
regulation of the operation of motor carriers and limousine carriers in
accordance with this article and motor carrier safety and the transportation of
hazardous materials as provided in Code Section 40-1-8 and Article 2 of this
chapter.
40-1-53.
The
department is authorized to enforce this article by instituting actions for
injunction, mandamus, or other appropriate relief.
40-1-54.
(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, authorizations, and
modification thereof as necessary to implement this article.
(c)
A court shall take judicial notice of all rules and regulations promulgated by
the department pursuant to this Code section.
40-1-55.
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 of
Public Safety, or who procures, aids, or abets therein, shall be guilty of a
misdemeanor. Misdemeanor violations of this article may be prosecuted, handled,
and disposed of in the manner provided for by Chapter 13 of this
title.
40-1-56.
(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 administered by the department or any
duly promulgated regulation issued thereunder, or that fails, neglects, or
refuses to comply with any order after notice thereof, shall be liable for a
penalty not to exceed $15,000.00 for such violation and an additional penalty
not to exceed $10,000.00 for each day during which such violation
continues.
(b)(1)
The department, after a hearing conducted after not less than 30 days' notice,
shall determine whether any motor carrier has failed to register or willfully
violated any law administered by the department, or any duly promulgated
regulation issued thereunder, or has failed, neglected, or refused to comply
with any order of the department. Upon an appropriate finding of a violation,
the department may impose by order such civil penalties as are provided by
subsection (a) of this Code section. In each such proceeding, the department
shall maintain a record as provided in paragraph (8) of subsection (a) of Code
Section 50-13-13 including all pleadings, a transcript of proceedings, a
statement of each matter of which the department takes official notice, and all
staff memoranda or data submitted to the department in connection with its
consideration of the case. All penalties and interest thereon, at the rate of
10 percent per annum, recovered by the department shall be paid into the general
fund of the state treasury.
(2)
Any party aggrieved by a decision of the department may seek judicial review as
provided in subsection (c) of this Code section.
(c)(1)
Any party who has exhausted all administrative remedies available before the
department and who is aggrieved by a final decision of the department in a
proceeding described in subsection (b) of this Code section may seek judicial
review of the final order of the department in the Superior Court of Fulton
County.
(2)
Proceedings for review shall be instituted by filing a petition within 30 days
after the service of the final decision of the department or, if a rehearing is
requested, within 30 days after the decision thereon. A motion for rehearing or
reconsideration after a final decision by the department shall not be a
prerequisite to the filing of a petition for review. Copies of the petition
shall be served upon the department and all parties of record before the
department.
(3)
The petition shall state the nature of the petitioner's interest, the facts
showing that the petitioner is aggrieved by the decision, and the ground, as
specified in paragraph (6) of this subsection, upon which the petitioner
contends that the decision should be reversed. The petition may be amended by
leave of court.
(4)
Within 30 days after service of the petition or within such further time as is
stipulated by the parties or as is allowed by the court, the agency shall
transmit to the reviewing court the original or a certified copy of the entire
record of the proceedings under review. By stipulation of all parties to the
review proceedings, the record may be shortened. A party unreasonably refusing
to stipulate that the record be limited may be taxed for the additional costs.
The court may require or permit subsequent corrections or additions to the
record.
(5)
If, before the date set for hearing, application is made to the court for leave
to present additional evidence, and it is shown to the satisfaction of the court
that the additional evidence is material and there were good reasons for failure
to present it in the proceedings before the agency, the court may order that the
additional evidence be taken before the department upon such procedure as is
determined by the court. The department may modify its findings and decision by
reason of the additional evidence and shall file that evidence and any
modifications, new findings, or decisions with the reviewing court.
(6)
The review shall be conducted by the court without a jury and shall be confined
to the record. The court shall not substitute its judgment for that of the
department as to the weight of the evidence on questions of fact. The court may
affirm the decision of the department or remand the case for further
proceedings. The court may reverse the decision of the department if
substantial rights of the petitioner have been prejudiced because the
department's findings, inferences, conclusions, or decisions are:
(A)
In violation of constitutional or statutory provisions;
(B)
In excess of the statutory authority of the commission department;
(C)
Made upon unlawful procedure;
(D)
Clearly not supported by any reliable, probative, and substantial evidence on
the record as a whole; or
(E)
Arbitrary or capricious.
(7)
A party aggrieved by an order of the court in a proceeding authorized under
subsection (b) of this Code section may appeal to the Supreme Court of Georgia
or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6
of Title 5, the 'Appellate Practice Act.'
40-1-57.
Rules,
orders, and regulations previously adopted which relate to functions performed
by the Pubic 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 Department of Public Safety until amended,
repealed, or superseded by rules or regulations adopted by the
department.
Part
2
40-1-100.
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 'Motor
Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior
law.
(3)
'Commissioner' means the Commissioner of the Department of Public
Safety.
(4)
'Company' shall include a corporation, a firm, a partnership, an association, or
an individual.
(5)
'Exempt rideshare' means:
(A)
Government endorsed rideshare programs;
(B)
Rideshare programs in which a rideshare driver seeks reimbursement for, or the
rideshare participants pool or otherwise share, rideshare costs such as fuel;
or
(C)
The leasing or rental of a vehicle, in the ordinary course of the lessor's or
rentor's business, for rideshare purposes as part of a government endorsed
rideshare program, or for rideshare under a contract requiring compliance with
subparagraph (B) of this paragraph.
(6)
'For compensation' or 'for hire' means an activity wherein for payment or other
compensation a motor vehicle and driver are furnished to a person by another
person, acting directly or knowingly and willfully acting with another to
provide the combined service of the vehicle and driver, and includes every
person acting in concert with, under the control of, or under common control
with a motor carrier who shall offer to furnish transportation for compensation
or for hire, provided that no exempt rideshare shall be deemed to involve any
element of transportation for compensation or for hire.
(7)
'Government endorsed rideshare program' means a vanpool, carpool, or similar
rideshare operation conducted by or under the auspices of a state or local
governmental transit instrumentality, such as GRTA, a transportation management
association, or a community improvement district, or conducted under the
auspices of such transit agencies, including through any form of contract
between such transit instrumentality and private persons or
businesses.
(8)
'GRTA' means the Georgia Regional Transportation Authority, which is itself
exempt from regulation as a carrier under Code Section 50-32-71.
(9)
'Household goods' means any personal effects and property used or to be used in
a dwelling when a part of the equipment or supplies of such dwelling and such
other similar property as the commissioner may provide for by regulation;
provided, however, that such term shall not include property being moved from a
factory or store except when such property has been purchased by a householder
with the intent to use such property in a dwelling and such property is
transported at the request of, and with transportation charges paid by, the
householder.
(10)
'Motor carrier' means:
(A)
Every person owning, controlling, operating, or managing any motor vehicle,
including the lessees, receivers, or trustees of such persons or receivers
appointed by any court, used in the business of transporting for hire persons or
household goods, or both, or engaged in the activity of nonconsensual towing
pursuant to Code Section 44-1-13 for hire over any public highway in this
state.
(B)
Except as otherwise provided in this subparagraph, the term 'motor carrier'
shall not include:
(i)
Motor vehicles engaged solely in transporting school children and teachers to
and from public schools and private schools;
(ii)
Taxicabs which operate within the corporate limits of municipalities and are
subject to regulation by the governing authorities of such municipalities; the
provisions of this division notwithstanding, vehicles and the drivers thereof
operating within the corporate limits of any city shall be subject to the safety
regulations adopted by the commissioner of public safety pursuant to Code
Section 60-1-8;
(iii)
Limousine carriers as provided for in Part 3 of this article;
(iv)
Hotel passenger or baggage motor vehicles when used exclusively for patrons and
employees of such hotel;
(v)
Motor vehicles operated not for profit with a capacity of 15 persons or less
when they are used exclusively to transport elderly and disabled passengers or
employees under a corporate sponsored van pool program, except that a vehicle
owned by the driver may be operated for profit when such driver is traveling to
and from his or her place of work provided each such vehicle carrying more than
nine passengers maintains liability insurance in an amount of not less than
$100,000.00 per person and $300,000.00 per accident and $50,000.00 property
damage. For the purposes of this part, elderly and disabled passengers are
defined as individuals over the age of 60 years or who, by reason of illness,
injury, age, congenital malfunction, or other permanent or temporary incapacity
or disability, are unable to utilize mass transportation facilities as
effectively as persons who are not so affected;
(vi)
Motor vehicles owned and operated exclusively by the United States government or
by this state or any subdivision thereof;
(vii)
Vehicles, owned or operated by the federal or state government, or by any
agency, instrumentality, or political subdivision of the federal or state
government, or privately owned and operated for profit or not for profit,
capable of transporting not more than ten persons for hire when such vehicles
are used exclusively to transport persons who are elderly, disabled, en route to
receive medical care or prescription medication, or returning after receiving
medical care or prescription medication. For the purpose of this part, elderly
and disabled persons shall have the same meaning as in division (iv) of this
subparagraph; or
(viii)
Ambulances.
(11)
'Passenger' means a person who travels in a public conveyance by virtue of a
contract, either express or implied, with the carrier as to the payment of the
fare or that which is accepted as an equivalent therefor. The prepayment of
fare is not necessary to establish the relationship of passenger and carrier;
although a carrier may demand prepayment of fare if persons enter his or her
vehicle by his or her permission with the intention of being carried; in the
absence of such a demand, an obligation to pay fare is implied on the part of
the passenger, and the reciprocal obligation of carriage of the carrier arises
upon the entry of the passenger.
(12)
'Person' means any individual, partnership, trust, private or public
corporation, municipality, county, political subdivision, public authority,
cooperative, association, or public or private organization of any
character.
(13)
'Public highway' means every public street, road, highway, or thoroughfare of
any kind in this state.
(14)
'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways in
the transportation of passengers or property, or any combination thereof,
determined by the commissioner.
40-1-101.
(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 prohibited by federal law, the commissioner is vested with
power to regulate the business of any person engaged in the transportation as a
motor carrier of persons or property, either or both, for hire on any public
highway of this state.
(c)
The commissioner is authorized to employ and designate a person or persons as
necessary to implement and carry out the functions contained in this
part.
(d)
All motor carriers shall:
(1)
Obtain a certificate as required by this part;
(2)
Maintain liability insurance as provided in the rules and regulations of the
department;
(3)
Act in compliance with Georgia's workers' compensation laws as provided in
Chapter 9 of Title 34 of the Official Code of Georgia Annotated;
and
(4)
Be a United States citizen, or if not a citizen, present federal documentation
verified by the United States Department of Homeland Security to be valid
documentary evidence of lawful presence in the United States under federal
immigration law.
40-1-102.
(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.
(b)
Before a motor carrier may enter into any contract for the transportation of
passengers, the motor carrier shall provide to all parties to the agreement a
copy of the motor carrier's proof of legally required minimum insurance coverage
and a valid certification number demonstrating that the motor carrier is
currently certified by the commissioner, the Commissioner of Revenue, the
Federal Motor Carrier Safety Administration, or any other similarly required
certifying agency. Any contract entered into in violation of this Code section
shall be void and unenforceable.
40-1-103.
(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 judgment, be necessary and may
establish fees as part of such certificate process.
(b)
A motor carrier certificate shall be issued to any qualified applicant, provided
that such applicant is a motor carrier business domiciled in this state,
authorizing the operations covered by the application if it is found that the
applicant is fit, willing, and able to perform properly the service and conform
to the provisions of this part and the rules and regulations of the department
and has not been convicted of any felony as such violation or violations are
related to the operation of a motor vehicle.
40-1-104.
(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, if
it shall be made to appear that the holder of the certificate has willfully
violated or refused to observe any of the lawful and reasonable orders, rules,
or regulations prescribed by the commissioner or any of the provisions of this
part or any other law of this state regulating or taxing motor vehicles, or
both, or if in the opinion of the commissioner the holder of the certificate is
not furnishing adequate service.
(b)
The commissioner may, at any time, after reasonable attempt at notice,
immediately suspend any motor carrier certificate, if the commissioner finds
such suspension necessary to protect life, health, or safety, or to protect the
public and consumers. Certificate holders affected by such suspension may
appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedures Act.' The commissioner may exercise his or
her discretion to designate a hearing officer for such appeals.
(c)
The commissioner, or his or her designated employees, may issue an
out-of-service order or orders to a certificate holder, pursuant to the
provisions of this article.
40-1-105.
Any
motor carrier certificate issued pursuant to this part may be transferred upon
application to and approval by the commissioner, and not otherwise.
40-1-106.
(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 transportation to be authorized by the
certificate and to comply with regulations of the department. Fitness
encompasses three factors:
(1)
The applicant's financial ability to perform the service it seeks to
provide;
(2)
The applicant's capability and willingness to perform properly and safely the
proposed service; and
(3)
The applicant's willingness to comply with the laws of Georgia and the rules and
regulations of the department.
(b)
The initial burden of making out a prima-facie case that an applicant is fit to
provide such service rests with the applicant.
(c)
Upon an applicant making out a prima-facie case as to the motor carrier's
ability to provide the service, the burden shifts to protestant to show that the
authority sought should not be granted.
(d)
A protest of a motor carrier of passengers or of household goods to an
application will not be considered unless the protesting motor
carrier:
(1)
Possesses authority from the department to handle, in whole or in part, the
authority which is being applied for and is willing and able to provide service
and has performed service during the previous 12 month period or has actively in
good faith solicited service during such period;
(2)
Has pending before the department an application previously filed with the
department for substantially the same authority; or
(3)
Is granted by the commissioner leave to intervene upon a showing of other
interests which in the discretion of the commissioner would warrant such a
grant.
(e)
The commissioner may issue a certificate without a hearing if the application is
unprotested or unopposed.
40-1-107.
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 part. Such rules shall require that the application be in writing, under
oath, and that the application:
(1)
Contains full information concerning the applicant's financial condition, the
equipment proposed to be used, including the size, weight, and capacity of each
vehicle to be used, and other physical property of the applicant;
(2)
States the complete route or routes over which the applicant desires to operate
and the proposed time schedule of the operation; and
(3)
Contains any such other or additional information as the commissioner may order
or require.
40-1-108.
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, at the time of registration or
renewal of a certificate, an informational packet emphasizing the prohibition on
alcohol consumption by persons under the age of 21 while being transported by
the motor carrier.
40-1-109.
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 operates
fewer than six motor vehicles;
(2)
A fee of $150.00 to accompany each application for a motor carrier certificate,
or amendment to an existing certificate, where the applicant owns or operates
six to 15 motor vehicles;
(3)
A fee of $200.00 to accompany each application for a motor carrier certificate,
or amendment to an existing certificate, where the applicant owns or operates
more than 15 motor vehicles;
(4)
A fee of $75.00 to accompany each application for transfer of a motor carrier
certificate; and
(5)
A fee of $50.00 to accompany each application for intrastate temporary emergency
authority under Code Section 40-1-104.
40-1-110.
The
commissioner, upon the filing of an application for a motor carrier certificate,
shall fix a time and place for hearing thereon and shall, at least ten days
before the hearing, give notice thereof by advertising the same at the expense
of the applicant in a newspaper in Atlanta, in which sheriffs' notices are
published. If no protest is filed with the department or if the protest is
subsequently withdrawn, the commissioner may issue the motor carrier certificate
without a hearing.
40-1-111.
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, a new application by the same petitioner or
applicant therefor shall not be again considered by the department within three
months from the date of the order denying the same or the judgment of the court
quashing or setting aside the order.
40-1-112.
(a)
No motor carrier of household goods 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 insurance by an insurance company licensed to
do business in this state, which policy must provide for the protection, in case
of passenger vehicles, of passengers and the public against injury proximately
caused by the negligence of such motor carrier, its servants, or its agents;
and, in the case of vehicles transporting household goods, to secure the owner
or person entitled to recover against loss or damage to such household goods for
which the motor common carrier may be legally liable. The department shall
determine and fix the amounts of such indemnity insurance and shall prescribe
the provisions and limitations thereof. The insurer shall file such
certificate. The failure to file any form required by the department shall not
diminish the rights of any person to pursue an action directly against a motor
carrier's insurer.
(b)
The department shall have power to permit self-insurance, in lieu of a policy of
indemnity insurance, whenever in its opinion the financial ability of the motor
carrier so warrants.
(c)
It shall be permissible under this part for any person having a cause of action
arising under this part to join in the same action the motor carrier and the
insurance carrier, whether arising in tort or contract.
40-1-113.
(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 purpose of loading, unloading,
or transporting property for compensation or hire; or
(C)
A service incidental to activity described in subparagraph (A) or (B) of this
paragraph, including, but not limited to, storage of property.
Motor
carrier transportation contract shall not include the Uniform Intermodal
Interchange and Facilities Access Agreement administered by the Intermodal
Association of North America or other agreements providing for the interchange,
use, or possession of intermodal chassis, containers, or other intermodal
equipment.
(2)
'Promisee' means the person promising to provide transportation of property and
any agents, employees, servants, or independent contractors who are directly
responsible to such person but shall not include a motor carrier party to a
motor carrier transportation contract with such person and such motor carrier's
agents, employees, servants, or independent contractors directly responsible to
such motor carrier.
(b)
Notwithstanding any provision of law to the contrary, a provision, clause,
covenant, or agreement contained in, collateral to, or affecting a motor carrier
transportation contract that purports to indemnify, defend, or hold harmless, or
has the effect of indemnifying, defending, or holding harmless, the promisee
from or against any liability for loss or damage resulting from the negligence
or intentional acts or omissions of the promisee is against the public policy of
this state and is void and unenforceable.
40-1-114.
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 service capable of meeting such need, upon receipt of
an application for temporary emergency authority and upon payment of the
appropriate fee as fixed by statute, the department may, in its discretion and
without a hearing or other prior proceeding, grant to any person temporary motor
carrier authority for such service. The order granting such authority shall
contain the department's findings supporting its determination that there is an
unmet immediate and urgent need for such service and shall contain such
conditions as the commissioner finds necessary with respect to such authority.
Emergency temporary motor carrier authority, unless suspended or revoked for
good cause within such period, shall be valid for such time as the department
shall specify but not for more than an aggregate of 30 days. Such authority
shall in no case be renewed and shall create no presumption that corresponding
permanent authority will be granted thereafter, except that, where a motor
carrier granted temporary emergency motor carrier authority under the provisions
of this Code section makes application during the period of said temporary
emergency authority for permanent motor carrier authority corresponding to that
authorized in its temporary emergency authority, the temporary emergency motor
carrier authority will be extended to the finalization of the permanent
authority application unless sooner suspended or revoked for good cause within
the extended period.
40-1-115.
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 route upon 30 days' published notice,
subject, however, to the right of the department to withdraw its certificate for
such route if, in the opinion of the commissioner, such diminished service is
not adequate or is no longer compatible with the public interest.
40-1-116.
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.
40-1-117.
(a)
Each nonresident motor carrier shall, before any 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 lawful processes in any action or proceeding against such
motor carrier growing out of its carrier operations; and service of process upon
or acceptance or acknowledgment of such service by any such agent shall have the
same legal force and validity as if duly served upon such nonresident carrier
personally. Such designation shall be in writing, shall give the name and
address of such agent or agents, and shall be filed in the office of the state
revenue commissioner. Upon failure of any nonresident motor carrier to file
such designation with the state revenue commissioner or to maintain such an
agent in this state at the address given, such nonresident carrier shall be
conclusively deemed to have designated the Secretary of State and his or her
successors in office as such agent; and service of process upon or acceptance or
acknowledgment of such service by the Secretary of State shall have the same
legal force and validity as if duly served upon such nonresident carrier
personally, provided that notice of such service and a copy of the process are
immediately sent by registered or certified mail or statutory overnight delivery
by the Secretary of State or his or her successor in office to such nonresident
carrier, if its address be known. Service of such process upon the Secretary of
State shall be made by delivering to his or her office two copies of such
process with a fee of $10.00.
(b)
Except in those cases where the Constitution of Georgia requires otherwise, any
action against any resident or nonresident motor carrier for damages by reason
of any breach of duty, whether contractual or otherwise, or for any violation of
this article or of any order, decision, rule, regulation, direction, demand, or
other requirement established by the state revenue commissioner, may be brought
in the county where the cause of action or some part thereof arose; and if the
motor carrier or its agent shall not be found for service in the county where
the action is instituted, a second original may issue and service be made in any
other county where the service can be made upon the motor carrier or its agent.
The venue prescribed by this Code section shall be cumulative of any other venue
provided by law.
40-1-118.
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 published in such manner and on such
notice as the department may prescribe. Such tariffs shall also be subject to
change on such notice and in such manner as the department may prescribe. In
order to carry out the purposes of this Code section, including the publication
and maintenance of just, reasonable, and nondiscriminatory rates and charges,
the department shall establish a rate-making procedure for all carriers of
household goods. Failure on the part of any motor carrier to comply with this
Code section or the rules and regulations promulgated under this Code section
may result in suspension or cancellation of said carrier's operating authority
by the department.
40-1-119.
No
motor carrier of household goods shall charge, demand, collect, or receive a
greater or lesser or different compensation for the transportation of property
or for any service rendered in connection therewith than the rates, fares, and
charges prescribed or approved by order of the department; nor shall any such
motor carrier unjustly discriminate against any person in its rates, fares, or
charges for service. The commissioner may prescribe, by general order, to what
persons motor carriers of household goods may issue passes or free
transportation; may prescribe reduced rates for special occasions; and may fix
and prescribe rates and schedules.
40-1-120.
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 regulation limit the amount of the
liability of the motor carrier therefor. If a motor carrier shall elect to
carry the personal baggage of passengers, other than hand baggage, the
department shall prescribe just and reasonable rates therefor and such other
rules and regulations with respect thereto as may be reasonable and just, and
may by rule or regulation limit the amount of the liability of the motor carrier
therefor.
40-1-121.
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 holder shall be at all times open to the
inspection of any agent of the department for such purpose. The department
shall have the power to examine the books and records of all motor carriers to
whom it has granted certificates or permits to operate under this part and to
examine under oath the officers and agents of any motor carrier with respect
thereto.
40-1-122.
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 their vehicles, which schedules
shall be such that the net running time of vehicles between terminal points
shall not exceed the lawful speed limit; and any motor carrier of passengers
filing such a schedule shall be allowed to operate his or her vehicles on the
highway at a rate of speed not exceeding the lawful speed limit in order to
maintain a schedule so filed.
40-1-123.
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 than is permitted by the terms of such
certificate or permit or the laws of this state may be enjoined from operating
on the public highways of this state upon the bringing of a civil action by the
department, by a competing motor carrier or rail carrier, or by any
individual.
40-1-124.
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 franchise over such public
highways.
40-1-125.
(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 been suspended or revoked and who
has exhausted all administrative remedies available within the Department of
Public Safety is entitled to judicial review in accordance with Code Section
40-1-56.
40-1-126.
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 department shall have the power of regulating the
interstate commerce of such motor carrier, except to the extent expressly
authorized by this part as to such commerce. The provisions of this part do not
apply to purely interstate commerce nor to carriers exclusively engaged in
interstate commerce. When a motor carrier is engaged in both intrastate and
interstate commerce, it shall be subject to all the provisions of this part so
far as they separately relate to commerce carried on in this state.
40-1-127.
(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 claim for the overcharge is presented in
writing to the carrier within the three-year period of limitation, the period
shall be extended to include six months from the time notice in writing is given
by the carrier to the claimant of disallowance of the claim or any part
thereof.
(b)
A motor carrier of property may, upon notice to the commissioner of public
safety, elect to be subject to the following requirements regarding rates,
charges, and claims for loss or damage:
(1)
A motor carrier of property shall provide to the shipper, upon request of the
shipper, a written or electronic copy of the rate, classification, rules, and
practices upon which any rate agreed to between the shipper and carrier may have
been based. When the applicability or reasonableness of the rates and related
provisions billed by a carrier is challenged by the person paying the freight
charges, the commissioner of public safety shall determine whether such rates
and provisions are reasonable or applicable based on the record before it. In
cases where a carrier other than a carrier providing transportation of household
goods seeks to collect charges in addition to those billed and collected which
are contested by the payor, the carrier may request that the commissioner of
public safety determine whether any additional charges over those billed and
collected must be paid. A carrier must issue any bill for charges in addition
to those originally billed within 180 days of the original bill in order to have
the right to collect such charges;
(2)
If a shipper seeks to contest the charges originally billed by a motor carrier
of property, the shipper may request that the commissioner of public safety
determine whether the charges originally billed must be paid. A shipper must
contest the original bill within 180 days in order to have the right to contest
such charges; and
(3)
Claims for loss of or damage to property for which any motor carrier of property
may be liable must be filed within nine months after the delivery of the
property, except that claims for failure to make delivery must be filed within
nine months after a reasonable time for delivery has elapsed.
(c)
The commissioner of public safety shall adopt rules regarding rates, charges,
and claims for loss or damage applicable to carriers of household
goods.
40-1-128.
(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, aids, or abets therein, or who
uses or accepts from such motor carrier any free pass or free transportation not
authorized or permitted by law or by the orders, rules, or regulations of the
department, or who procures, aids, or abets therein, shall be guilty of a
misdemeanor.
(b)
The possession of goods, wares, or merchandise loaded on a motor vehicle
consigned to any person, firm, or corporation, being transported or having been
transported over the public highways in this state, without the authority of a
permit or certificate for so transporting having been issued by the department
under this article, shall be prima-facie evidence that such transportation of
such goods, wares, or merchandise was an intentional violation of the law
regulating the transportation of persons and property over the public highways
in this state.
(c)
Any person claiming the benefit of any exception made in this article shall have
the burden of proving that he or she falls within the exception.
40-1-129.
(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 out as such a carrier without such
a certificate in violation of this part, the department may impose a fine of not
more than $5,000.00 for each violation. The department may assess the person,
firm, or corporation an amount sufficient to cover the reasonable expense of
investigation incurred by the department. The department may also assess
interest at the rate specified in Code Section 40-1-56 on any fine or assessment
imposed, to commence on the day the fine or assessment becomes delinquent. All
fines, assessments, and interest collected by the department shall be paid into
the general fund of the state treasury. Any party aggrieved by a decision of
the department under this subsection may seek judicial review as provided in
Code section 40-1-56.
(b)
Any person, firm, or corporation who knowingly and willfully issues, publishes,
or affixes or causes or permits the issuance, publishing, or affixing of any
oral or written advertisement, broadcast, or other holding out to the public, or
any portion thereof, that the person, firm, or corporation is in operation as a
household goods carrier for hire without having a valid certificate issued by
the department is guilty of a misdemeanor. Any fine or assessment imposed by
the department pursuant to the provisions of subsection (a) of this Code section
shall not bar criminal prosecution pursuant to the provisions of this
subsection.
40-1-130.
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 issued to it by the Department of
Public Safety. The requirements of this Code section shall not apply to
nonconsensual towing motor carriers providing services pursuant to Code Section
44-1-13. The department shall be required to issue a motor carrier
authorization number to each registered motor carrier. Whenever the department,
after a hearing conducted in accordance with the provisions of Code Section
40-1-56, finds that any person is advertising in violation of this Code section,
the department may impose a fine of not more than $500.00 for an initial
violation and not more than $15,000.00 for a second or subsequent
violation.
Part
3
40-1-150.
This
part shall be known and may be cited as the 'Georgia Limousine Carrier
Act.'
40-1-151.
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, 2012.
(2)
'Chauffeur' means any person with a Georgia state driver's license who meets the
qualifications as prescribed in this part and who is authorized by the
commissioner of driver services to drive a motor vehicle of a limousine carrier
as provided in paragraph (5) below.
(3)
Department 'means the Department of Public Safety.
(4)
'Limousine' means any motor vehicle that meets the manufacturer's specifications
for a luxury limousine with a designed seating capacity for no more than ten
passengers and with a minimum of five seats located behind the operator of the
vehicle, and which does not have a door at the rear of the vehicle designed to
allow passenger entry or exit; further, no vehicle shall be permitted to be
operated both as a taxicab and a limousine.
(5)
'Limousine carrier' means any person owning or operating a prearranged service
regularly rendered to the public by furnishing transportation as a motor carrier
for hire, not over fixed routes, by means of one or more unmetered:
(A)
Limousines;
(B)
Extended limousines;
(C)
Sedans;
(D)
Extended sedans;
(E)
Sport utility vehicles;
(F)
Extended sport utility vehicles;
(G)
Other vehicles with a capacity for seating and transporting no more than 15
persons for hire including the driver; or
(H)
Any combination of subparagraphs (A) through (G) of this paragraph on the basis
of telephone contract or written contract. A limousine carrier shall not use
per capita rates or charges.
(6)
'Person' means any individual, firm, partnership, private or public corporation,
company, association, or joint-stock association, and includes any trustee,
receiver, assignee, or personal representative thereof.
(7)
'Public highway' means every public street, road, highway, or thoroughfare of
any kind in this state.
(8)
'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways in
the transportation of passengers or property, or any combination thereof,
determined by the commission.
40-1-152.
(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 business of a limousine carrier over any public
highway in this state without first having obtained from the department a
certificate to do so.
40-1-153.
(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 judgment, be necessary and
may establish fees as part of such certificate process.
(b)
A limousine carrier certificate shall be issued to any qualified applicant,
provided that such applicant is a limousine carrier business domiciled in this
state, authorizing the operations covered by the application if it is found that
the applicant is fit, willing, and able to perform properly the service and
conform to the provisions of this part and the rules and regulations of the
department and has not been convicted of any felony as such violation or
violations are related to the operation of a motor vehicle.
40-1-154.
(a)
It shall be the duty of the department 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 or operated by a limousine carrier. The
department shall provide, by rule or regulation, for the scope of such
inspections, the qualifications of persons who may conduct such inspections, and
the manner by which the results of such inspections shall be reported to the
department.
(c)
In addition to the requirements of this Code section, limousine carriers shall
comply with the applicable provisions of Code Section 40-1-8.
40-1-155.
No
limousine carrier certificate issued under this part may be leased, assigned, or
otherwise transferred or encumbered unless authorized by the
department.
40-1-156.
(a)
The department may cancel, revoke, or suspend any limousine carrier certificate
issued under this part on any of the following grounds:
(1)
The violation of any of the provisions of this part;
(2)
The violation of an order, decision, rule, regulation, or requirement
established by the department;
(3)
Failure of a limousine carrier to pay a fee imposed on the carrier within the
time required by law or by the department;
(4)
Failure of a limousine carrier to maintain required insurance in full force and
effect; and
(5)
Failure of a limousine carrier to operate and perform reasonable
services.
(b)
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.
40-1-157.
Limousine
certificates shall be valid unless suspended, revoked, or cancelled by the
commissioner, or surrendered to the commissioner by the holder.
40-1-158.
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 limousine chauffeur authorization and license
endorsement.
40-1-159.
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 than six
limousines;
(2)
A fee of $150.00 to accompany each application for a certificate, or amendment
to an existing certificate, where the applicant owns or operates six to 15
limousines;
(3)
A fee of $200.00 to accompany each application for a certificate, or amendment
to an existing certificate, where the applicant owns or operates more than 15
limousines; and
(4)
A fee of $75.00 to accompany each application for transfer of a
certificate.
40-1-160.
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 shall provide to all such
limousine carriers, at the time of registration a certificate, an informational
packet emphasizing the prohibition on alcohol consumption by persons under the
age of 21 while being transported by the limousine carrier.
40-1-161.
(a)
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 or refused to observe any of
the lawful and reasonable orders, rules, or regulations prescribed by the
commissioner or any of the provisions of this part or any other law of this
state regulating or taxing motor vehicles, or both, or if in the opinion of the
commissioner the holder of the certificate is not furnishing adequate
service.
40-1-162.
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 at any such airport and may
establish fees as part of such permitting process; provided, further, that such
fees shall not exceed the airport's approximate cost of permitting and
regulating limousine carriers; and provided, further, that such governing
authorities of such airports shall accept a chauffeur's endorsement issued by
the Department of Driver Services to the driver and evidence of a certificate
issued to the limousine carrier by the Department of Public Safety as adequate
evidence of sufficient criminal background investigations and shall not require
any fee for any further criminal background investigation. The list of licensed
limousine carriers on the website of the Department of Public Safety shall be
sufficient evidence that a limousine carrier has a certificate issued by the
Department of Public Safety.
40-1-163.
(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 Code Section 40-1-118 that is managed,
operated, owned, leased, rented, or controlled by a limousine
carrier.
(b)
Any tariff issued by the department that exists as of June 30, 2007, that
regulates the rates or charges for transportation of passengers, property, or
passengers and property by a vehicle of a type listed in Code Section 40-1-118
that is managed, operated, owned, leased, rented, or controlled by a limousine
carrier shall be void.
40-1-164.
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.
40-1-165.
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 number issued to it by the Department of
Public Safety. The department shall be required to issue a motor carrier
authorization number to each registered limousine carrier. Whenever the
department, after a hearing conducted in accordance with the provisions of Code
Section 40-1-56, finds that any person is advertising in violation of this Code
section, the department may impose a fine of not more than $500.00 for an
initial violation and not more than $15,000.00 for a second or subsequent
violation.
40-1-166.
Each
limousine carrier shall obtain and maintain commercial indemnity and liability
insurance with an insurance company authorized to do business in this state
which policy shall provide for the protection of passengers and property carried
and of the public against injury proximately caused by the negligence of the
limousine carrier, its servants, and its agents. The minimum amount of such
insurance shall be:
(1)
For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or
death of all persons in any one accident with a maximum of $100,000.00 for
bodily injuries to or death of one person, and $50,000.00 for loss of damage in
any one accident to property of others, excluding cargo; or
(2)
For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or
death of all persons in any one accident with a maximum of $100,000.00 for
bodily injuries to or death of one person, and $50,000.00 for loss of damage in
any one accident to property of others, excluding cargo.
40-1-167.
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 carrier name, (2) city and state of principal
domicile, (3) company telephone number, and (4) the vehicle classification,
IE-1. The cost for such license plate shall be the sole responsibility of the
limousine carrier and must be placed on each certificated vehicle prior to said
vehicle being placed in service.
40-1-168.
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.
40-1-169.
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 40-1-152 and may impose the penalties and seek the remedies
set out in 40-1-56 of this title if the department finds such a
violation.
40-1-170.
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."
SECTION
2.
Article
2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers' licenses, is amended by adding a new Code section to read as
follows:
"40-5-39.
(a)
The department shall endorse the driver's license of any approved limousine
chauffeur employed by a limousine carrier. In order to be eligible for such
endorsement, an applicant shall:
(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 40-5-64;
(3)
Not have been convicted, been on probation or parole, or served time on a
sentence for a period of ten years previous to the date of application for any
felony or any other crime of moral turpitude or a pattern of misdemeanors that
evidences a disregard for the law unless he or she has received a pardon and can
produce evidence of same. For the purposes of this paragraph, a plea of nolo
contendere shall be considered to be a conviction, and a conviction for which a
person has been free from custody and free from supervision for at least ten
years shall not be considered a conviction unless the conviction is for a
dangerous sexual offense which is contained in Code Section 42-1-12 or the
criminal offense was committed against a victim who was a minor at the time of
the offense;
(4)
Submit at least one set of classifiable electronically recorded fingerprints to
the department in accordance with the fingerprint system of identification
established by the director of the Federal Bureau of Investigation. The
department shall transmit the fingerprints to the Georgia Crime Information
Center, which shall submit the fingerprints to the Federal Bureau of
Investigation for a search of bureau records and an appropriate report and
promptly conduct a search of state records based upon the fingerprints. After
receiving the report from the Georgia Crime Information Center and the Federal
Bureau of Investigation, the department shall determine whether the applicant
may be certified; and
(5)
Be a United States citizen, or if not a citizen, present federal documentation
verified by the United States Department of Homeland Security to be valid
documentary evidence of lawful presence in the United States under federal
immigration law.
(b)
Such endorsement shall be valid for the same term as such person's driver's
license, provided that each person seeking renewal of a driver's license with
such endorsement shall submit to a review of his or her criminal history for
verification of his or her continued eligibility for such endorsement prior to
making application for such renewal using the same process set forth in
subsection (a) of this Code section. If such person no longer satisfies the
background requirements set forth herein, he or she shall not be eligible for
the inclusion of such endorsement on his or her driver' license, and it shall be
renewed without the endorsement.
(c)
Every chauffeur employed by a limousine carrier shall have his or her Georgia
driver's license with the prescribed endorsement in his or her possession at all
times while operating a motor vehicle of a limousine carrier.
(d)
The department is authorized to promulgate rules and regulations as necessary to
implement this Code
section."
PART
II
Conformity of Cross-References.
Conformity of Cross-References.
SECTION
3.
Code
Section 20-1-10 of the Official Code of Georgia Annotated, relating to
certification by Public Service Commission required prior to contracting with
motor or contract carrier, is amended by revising subsection (b) as
follows:
"(b)
No educational institution receiving state funds shall enter into an agreement
with a motor carrier or contract carrier for the purpose of transporting
students without first verifying that such carrier is certified by the
Public
Service Commission
Department of
Public Safety as required by
Article 1
of Chapter 7 of Title 46
Article 5 of
Chapter 2 of Title 35, the Federal Motor
Carrier Safety Administration, or any other similarly required certifying
agency."
SECTION
4.
Code
Section 27-5-4 of the Official Code of Georgia Annotated, relating to wild
animal licenses and permits generally, is amended by revising subsection (d) as
follows:
"(d)
No wild animal license or permit shall be required for a carrier regulated
either by the Interstate Commerce Commission, the Civil Aeronautics Board, or
the Public
Service Commission
Department of
Public Safety to import or transport any
wild animal."
SECTION
5.
Code
Section 34-8-35 of the Official Code of Georgia Annotated, relating to
employment, is amended by revising subparagraph (n)(10)(B) as
follows:
"(B)
The employer exercises no general control over such commission agent but only
such control as is necessary to assure compliance with its filed tariffs and
with the laws of the United States and the State of Georgia and the rules and
regulations of the
Public
Service Commission
Department of
Public Safety, the
Interstate
Commerce Commission
Federal Motor
Carrier Safety Administration, and all
other regulatory bodies having jurisdiction of the premises;
and"
SECTION
6.
Chapter
2 of Title 35 of the Official Code of Georgia Annotated, relating to the
Department of Public Safety, is amended by revising Article 5, relating to the
Motor Carrier Compliance Division, as follows:
"ARTICLE
5
35-2-100.
There
is
shall
be created and established a division of
the Department of Public Safety to be known as the Motor Carrier Compliance
Division, and
within the division shall be created a section to be known as the Motor Carrier
Compliance Enforcement Section. Except as
provided in Code Section 35-2-102, the members of the Motor Carrier Compliance
Division
Enforcement
Section shall be known and designated as
'law enforcement officers.'
35-2-101.
(a)
The Motor Carrier Compliance
Division
Enforcement
Section of the department shall have
jurisdiction throughout this state with such duties and powers as are prescribed
by law.
(b)
The primary duties of the Motor Carrier Compliance
Division
Enforcement
Section shall be as follows:
(1)
Enforcement of laws and regulations relating to the size and the weights of
motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of
Title 32;
(2)
Enforcement of laws and regulations relating to licensing and fuel tax
registration requirements and the reporting of violations thereof to the
Department of Revenue;
(3)
Enforcement of safety standards for motor vehicles and motor vehicle
components;
(4)
Enforcement of laws relating to hazardous materials carriers;
(5)
Enforcement of all state laws on the following properties owned or controlled by
the Department of Transportation or the State Road and Tollway Authority: rest
areas, truck-weighing stations or checkpoints, wayside parks, parking
facilities, toll facilities, and any buildings and grounds for public equipment
and personnel used for or engaged in administration, construction, or
maintenance of the public roads or research pertaining thereto;
(6)
Enforcement of Code Section 16-10-24, relating to obstructing or hindering law
enforcement officers;
(7)
Directing and controlling traffic on any public road which is part of the state
highway system but only in areas where maintenance and construction activities
are being performed and at scenes of accidents and emergencies until local
police officers or Georgia State Patrol officers arrive and have the situation
under control;
(8)
Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of
restricted travel lanes;
(9)
Enforcement of Code Section 16-11-43, relating to obstructing highways, streets,
sidewalks, or other public passages, on any public road which is part of the
state highway system;
(10)
Enforcement of Code Section 16-7-43, relating to littering public or private
property or waters, on any public road which is part of the state highway
system;
(11)
Enforcement of Code Section 16-7-24, relating to interference with government
property, on any public road which is part of the state highway system;
and
(12)
Enforcement of any state law when ordered to do so by the
commissioner.
(c)
In performance of the duties specified in subsection (b) of this Code section,
certified law enforcement officers employed by the department or designated by
the commissioner shall:
(1)
Be authorized to carry firearms;
(2)
Exercise arrest powers;
(3)
Have the power to stop, enter upon, and inspect all motor vehicles using the
public highways for purposes of determining whether such vehicles have complied
with and are complying with laws, the administration or enforcement of which is
the responsibility of the department;
(4)
Have the power to examine the facilities where motor vehicles are housed or
maintained and the books and records of motor carriers for purposes of
determining compliance with laws, the administration or enforcement of which is
the responsibility of the department; and
(5)
Exercise the powers generally authorized for law enforcement officers in the
performance of their duties or otherwise to the extent needed to protect any
life or property when the circumstances demand action.
(d)
The commissioner shall authorize law enforcement officers of the Motor Carrier
Compliance
Division
Enforcement
Section to make use of dogs trained for
the purpose of detection of drugs and controlled substances while such officers
are engaged in the performance of their authorized duties. If such authorized
use of such a dog indicates probable cause to indicate the presence of
contraband, the officer or officers shall in those circumstances have the full
authority of peace officers to enforce the provisions of Article 2 of Chapter 13
of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter
13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department
must immediately notify the local law enforcement agency and district attorney
of the jurisdiction where a seizure is made.
(e)(1)
Certified law enforcement officers employed by the Motor Carrier Compliance
Division
Enforcement
Section may use a department motor vehicle
while working an approved off-duty job, provided that:
(A)
The off-duty employment is of a general nature that is the subject of a contract
between the off-duty employer and the department and is service in which the use
of the department motor vehicle is a benefit to the department or is in
furtherance of the department's mission;
(B)
The off-duty employer agrees to pay and does pay to the department an amount
determined by the commissioner to be sufficient to reimburse the department for
the use of the vehicle and to pay the off-duty employee sufficient compensation.
Pursuant to such contract, the department shall pay the employee of the
department the compensation earned on off-duty employment whenever such employee
performs such service in a department motor vehicle; and
(C)
The commissioner has specifically approved, in writing, the individual use of
the vehicle by the employee.
(2)
At no time will an off-duty employee be allowed use of a department motor
vehicle at any political function of any kind.
35-2-102.
(a)
The commissioner is authorized to establish a position to be known as 'weight
inspector' within the Motor Carrier Compliance
Division
Enforcement
Section of the Department of Public
Safety. Weight inspectors shall be assigned to fixed scales facilities and
shall not be authorized to operate outside such facilities. The number of such
positions shall be determined by the commissioner within the limits set by
available appropriations. Weight inspectors may be divided into such ranks as
the commissioner deems appropriate.
(b)
The commissioner shall ensure that a weight inspector is properly trained
regarding laws governing commercial motor vehicle weight, registration, size,
and load, including, but not limited to, commercial motor vehicle provisions in
Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor
vehicles and such motor vehicle components. The training required in the areas
required by this subsection shall be equivalent to training provided to
certified officers in the Motor Carrier Compliance
Division
Enforcement
Section.
(c)
A weight inspector, at the fixed scales facility, shall be authorized
to:
(1)
Enforce noncriminal provisions relating to commercial motor vehicle weight,
registration, size, and load and assess a civil penalty for a violation of such
provisions; and
(2)
Detain a commercial motor vehicle that:
(A)
Has a safety defect which is critical to the continued safe operation of the
vehicle;
(B)
Is being operated in violation of any criminal law; or
(C)
Is being operated in violation of an out-of-service order as reported on the
federal Safety and Fitness Electronic Records data base.
The
detention authorized by this paragraph shall be for the purpose of contacting a
certified member of the Motor Carrier Compliance
Division
Enforcement
Section or Georgia State Patrol. A
certified officer shall report to the scene of a detained vehicle and take any
further action deemed appropriate including completing the inspection and
investigation, making an arrest, or bringing criminal or civil
charges.
(d)
A weight inspector is not a peace officer and shall not be authorized to carry a
firearm or exercise any power of arrest other than a citizen's arrest in
accordance with Code Sections 17-4-60 and 17-4-61. At all times while a weight
inspector is on duty, there shall be a supervisor over the weight inspector also
on duty who shall be a certified peace officer.
SECTION
7.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Code Section 40-2-1, relating to definitions applicable
to registration and licensing of motor vehicles, by revising paragraph (4) as
follows:
"(4)
'Motor carrier' means:
(A)
Any entity subject to the terms of the Unified Carrier Registration Agreement
pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate
commerce, or both; or
(B)
Any entity defined by the
commissioner,
or
commissioner of public
safety, or
Public Service Commission who operates or
controls commercial motor vehicles as defined in 49 C.F.R. Section
390.5,
Title 46, or this chapter whether operated
in interstate or intrastate commerce, or both."
SECTION
8.
Said
title is further amended in Code Section 40-2-162, relating to formulas, rules,
and apportionment of cost of annual license fees of motor buses to motor common
carriers of passengers for hire operating partially outside state, by revising
subsection (a) as follows:
"(a)
The commissioner shall apportion the cost of the annual fees for the licensing
of motor buses to motor common carriers of passengers for hire operating a fleet
of two or more motor buses either interstate, or both interstate and intrastate,
under the authority of the
Interstate
Commerce Commission or under authority of both the Interstate Commerce
Commission
Federal Motor
Carrier Safety Administration and the
Public
Service Commission
Department of
Public Safety of this state. The
apportionment shall be done so that the total cost of the fees shall bear the
same proportion to the annual fees for motor buses as the total number of miles
traveled by the fleet of the carrier in this state in both interstate and
intrastate operations during the preceding year bears to the total number of
miles traveled by the fleet during the year in both interstate and intrastate
operations."
SECTION
9.
Said
title is further amended in Code Section 40-6-248.1, relating to securing loads
on vehicles, by revising subsection (c) as follows:
"(c)
Nothing in this Code section nor any regulations based thereon shall conflict
with
federal,
Georgia Public Service Commission,
Georgia
Department of Public Safety, or Georgia
Board of Public Safety regulations applying to the securing of loads on motor
vehicles."
SECTION
10.
Said
title is further amended in Code Section 40-16-2, relating to the primary
responsibilities of the Department of Driver Services, by revising subsection
(b) as follows:
"(b)
Responsibility for the following functions formerly exercised by the Department
of Motor Vehicle Safety is transferred as follows:
(1)
Promulgation of regulations relating to the size and the weights of motor
vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title
32 shall be vested in the Department of Transportation; and administrative
enforcement of such regulations and the law enforcement function of apprehending
and citing violators of such laws and regulations are transferred to the
Department of Public Safety, as well as the function of promulgating regulations
relative to its enforcement function;
(2)
Enforcement of laws and regulations relating to licensing and fuel tax
registration requirements is transferred to the Department of Public
Safety;
(3)
Administration of laws and regulations relating to certification of motor
carriers and limousine carriers is transferred to the
Public
Service Commission
Department of
Public Safety and administration of laws
and regulations relating to carrier registration and registration and titling of
vehicles is transferred to the Department of Revenue;"
SECTION
11.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
by revising Code Section 44-1-13, relating to removal of improperly parked cars
or trespassing on personal property, as follows:
"44-1-13.
(a)
As used in this Code section, the term:
(1)
'Commission
Department'
means the
Public
Service Commission
Department of
Public Safety.
(2)
'Private property' means any parcel or space of private real
property.
(a.1)
Any person or his or her authorized agent entitled to the possession of any
private property shall have the right to remove or cause to be removed from the
property any vehicle or trespassing personal property thereon which is not
authorized to be at the place where it is found and to store or cause to be
stored such vehicle or trespassing personal property, provided that there shall
have been conspicuously posted on the private property notice that any vehicle
or trespassing personal property which is not authorized to be at the place
where it is found may be removed at the expense of the owner of the vehicle or
trespassing personal property. Such notice shall also include information as to
the location where the vehicle or personal property can be recovered, the cost
of said recovery, and information as to the form of payment; provided, however,
that the owner of residential private property containing not more than four
residential units shall not be required to comply with the posting requirements
of this subsection. Only towing and storage firms issued permits or licenses by
the local governing authority of the jurisdiction in which they operate or by
the
commission
department,
and having a secure impoundment facility, shall be permitted to remove
trespassing property and trespassing personal property at the request of the
owner or authorized agent of the private property.
(b)(1)
The
commission
department
shall have the authorization to regulate and control the towing of trespassing
vehicles on private property if such towing is performed without the prior
consent or authorization of the owner or operator of the vehicle, including the
authority to set just and reasonable rates, fares, and charges for services
related to the removal, storage, and required notification to owners of such
towed vehicles. No storage fees shall be charged for the first 24 hour period
which begins at the time the vehicle is removed from the property, and no such
fees shall be allowed for the removal and storage of vehicles removed by towing
and storage firms found to be in violation of this Code section. The
commission
department
is authorized to impose a civil penalty
for any violation of this Code section in an amount not to exceed
$2,500.00.
(2)
In accordance with subsection (d) of this Code section, the governing authority
of a municipality may require towing and storage operators to charge lower
maximum rates on traffic moving between points within such municipality than
those provided by the
commission
department's
maximum rate tariff and may require higher public liability insurance limits and
cargo insurance limits than those required by the
commission
department.
The governing authority of a municipality shall not provide for higher maximum
costs of removal, relocation, or storage than is provided for by the commission
department.
(c)
In all municipalities, except a consolidated city-county government, having a
population of 100,000 or more according to the United States decennial census of
1970 or any future such census a person entitled to the possession of an
off-street parking area or vacant lot within an area zoned commercial by the
municipality shall have the right to remove any vehicle or trespassing personal
property parked thereon after the regular activity on such property is concluded
for the day only if access to such property from the public way is blocked by a
sturdy chain, cable, or rope stretched at least 18 inches above grade across all
driveways or other ways providing access to the off-street parking area or
vacant lot and there is conspicuously posted in the area a notice, the location
of which must be approved by the municipality's police department, that any
vehicle or trespassing personal property parked thereon which is not authorized
to be in such area may be removed at the expense of the owner along with
information as to where the vehicle or trespassing personal property may be
recovered, the cost of said recovery, and information regarding the form of
payment.
(d)(1)
In addition to the regulatory jurisdiction of the
commission
department,
the governing authority of each municipality having towing and storage firms
operating within its territorial boundaries may require and issue a license or
permit to engage in private trespass towing within its corporate municipal
limits pursuant to this Code section to any firm meeting the qualifications
imposed by said governing authority. The fee for the license or permit shall be
set by such governing authority. The maximum reasonable costs of removal,
relocation, and storage pursuant to the provisions of this Code section shall be
compensatory, as such term is used in the public utility rate-making procedures,
and shall be established annually by the governing authority of each
municipality having towing and storage firms operating within its territorial
boundaries; provided, however, that no storage fees shall be charged for the
first 24 hour period which begins at the time the vehicle is removed from the
property, and no such fees shall be allowed for the removal and storage of
vehicles removed by towing and storage firms found to be in violation of this
Code section.
(2)
Towing and storage firms operating within a municipality's corporate limits
shall obtain a nonconsensual towing permit from the
commission
department
and shall file its registered agent's name and address with the
commission
department.
(e)
Any person who suffers injury or damages as a result of a violation of this Code
section may bring an action in any court of competent jurisdiction for actual
damages, which shall be presumed to be not less than $100.00, together with
court costs. A court shall award three times actual damages for an intentional
violation of this Code section.
(f)
It shall be unlawful and punishable by a fine of $1,000.00 for any towing and
storage firm, permitted or unpermitted, licensed or unlicensed, to enter into
any agreement with any person in possession of private property to provide
automatic or systematic surveillance of such property for purposes of removal
and relocation of any such vehicle or trespassing personal property except upon
call by such person in possession of such private property to such towing and
storage firm for each individual case of trespass; provided, further, that it
shall be unlawful and punishable by a fine of $1,000.00 for any towing and
storage firm to pay to any private property owner or one in possession of
private property any fee or emolument, directly or indirectly, for the right to
remove a vehicle or trespassing personal property from said private
property."
SECTION
12.
Said
title is further amended by revising Code Section 44-7-59, relating to removal
of transportable housing from lands subject to writ of possession, as
follows:
"44-7-59.
If
the court issues a writ of possession to property upon which the tenant has
placed a manufactured home, mobile home, trailer, or other type of transportable
housing and the tenant does not move the same within ten days after a final
order is entered, the landlord shall be entitled to have such transportable
housing moved from the property at the expense of the tenant by a motor common
carrier licensed by the
Public
Service Commission
Department of
Public Safety for the transportation of
manufactured housing. There shall be a lien upon such transportable housing to
the extent of moving fees and storage expenses in favor of the person performing
such services. Such lien may be claimed and foreclosed in the same manner as
special liens on personalty by mechanics under Code Sections 44-14-363 and
44-14-550, except that storage fees not to exceed $4.00 per day shall be
expressly allowed."
SECTION
13.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended by revising Code Section 46-1-1, relating to
definitions, exclusions, and Georgia Forest Product Trucking Rules, as
follows:
"46-1-1.
As
used in this title, the term:
(1)
'Carrier' means a person who undertakes the transporting of goods or passengers
for compensation.
(2)(1)
'Certificate' means a certificate of public convenience and necessity issued
pursuant to this title.
(3)(2)
'Commission' means the Public Service Commission.
(4)(3)
'Company' shall include a corporation, a firm, a partnership, an association, or
an individual.
(5)(4)
'Electric utility' means any retail supplier of electricity whose rates are
fixed by the commission.
(5.1)
'Exempt rideshare' means:
(A)
Government endorsed rideshare programs;
(B)
Rideshare programs in which a rideshare driver seeks reimbursement for, or the
rideshare participants pool or otherwise share, rideshare costs such as fuel;
or
(C)
The leasing or rental of a vehicle, in the ordinary course of the lessor's or
rentor's business, for rideshare purposes as part of a government endorsed
rideshare program, or for rideshare under a contract requiring compliance with
subparagraph (B) of this paragraph.
(6)
'For compensation' or 'for hire' means an activity wherein for payment or other
compensation a motor vehicle and driver are furnished to a person by another
person, acting directly or knowingly and willfully acting with another to
provide the combined service of the vehicle and driver, and includes every
person acting in concert with, under the control of, or under common control
with a motor carrier who shall offer to furnish transportation for compensation
or for hire, provided that no exempt rideshare shall be deemed to involve any
element of transportation for compensation or for hire.
(6.1)(5)
'Gas company' means any person certificated under Article 2 of Chapter 4 of this
title to construct or operate any pipeline or distribution system, or any
extension thereof, for the transportation, distribution, or sale of natural or
manufactured gas.
(6.2)
'Government endorsed rideshare program' means a vanpool, carpool, or similar
rideshare operation conducted by or under the auspices of a state or local
governmental transit instrumentality, such as GRTA, a transportation management
association, or a community improvement district, or conducted under the
auspices of such transit agencies, including through any form of contract
between such transit instrumentality and private persons or
businesses.
(6.3)
'GRTA' means the Georgia Regional Transportation Authority, which is itself
exempt from regulation as a carrier under Code Section 50-32-71.
(7)
'Household goods' means any personal effects and property used or to be used in
a dwelling when a part of the equipment or supplies of such dwelling and such
other similar property as the commission may provide for by regulation;
provided, however, that such term shall not include property being moved from a
factory or store except when such property has been purchased by a householder
with the intent to use such property in a dwelling and such property is
transported at the request of, and with transportation charges paid by, the
householder.
(8)
Reserved.
(9)
'Motor contract carrier and motor common carrier' means as follows:
(A)
'Motor contract carrier' means every person, except common carriers, owning,
controlling, operating, or managing any motor propelled vehicle including the
lessees or trustees of such persons or receivers appointed by any court used in
the business of transporting persons or household goods or engaged in the
activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over
any public highway in this state. Vehicles and the drivers thereof operating
within the corporate limits of any city shall be subject to the safety
regulations adopted by the commissioner of public safety pursuant to Code
Section 40-1-8.
(B)
'Motor common carrier' means every person owning, controlling, operating, or
managing any motor propelled vehicle, and the lessees, receivers, or trustees of
such person, used in the business of transporting for hire of persons or
household goods, or both, or engaged in the activity of nonconsensual towing
pursuant to Code Section 44-1-13, otherwise than over permanent rail tracks, on
the public highways of Georgia as a common carrier. The term includes, but is
not limited to, limousine carriers as defined in paragraph (5) of Code Section
46-7-85.1.
(C)
Except as otherwise provided in this subparagraph, the terms 'motor common
carrier' and 'motor contract carrier' shall not include:
(i)
Motor vehicles engaged solely in transporting school children and teachers to
and from public schools and private schools;
(ii)
Taxicabs which operate within the corporate limits of municipalities and are
subject to regulation by the governing authorities of such municipalities; the
provisions of this division notwithstanding, vehicles and the drivers thereof
operating within the corporate limits of any city shall be subject to the safety
regulations adopted by the commissioner of public safety pursuant to Code
Section 40-1-8;
(iii)
Hotel passenger or baggage motor vehicles when used exclusively for patrons and
employees of such hotel;
(iv)
Motor vehicles operated not for profit with a capacity of 15 persons or less
when they are used exclusively to transport elderly and disabled passengers or
employees under a corporate sponsored van pool program, except that a vehicle
owned by the driver may be operated for profit when such driver is traveling to
and from his or her place of work provided each such vehicle carrying more than
nine passengers maintains liability insurance in an amount of not less than
$100,000.00 per person and $300,000.00 per accident and $50,000.00 property
damage. For the purposes of this division, elderly and disabled passengers are
defined as individuals over the age of 60 years or who, by reason of illness,
injury, age, congenital malfunction, or other permanent or temporary incapacity
or disability, are unable to utilize mass transportation facilities as
effectively as persons who are not so affected;
(v)
Reserved;
(vi)
Reserved;
(vii)
Reserved;
(viii)
Motor vehicles owned and operated exclusively by the United States government or
by this state or any subdivision thereof;
(ix)
Reserved;
(x)
Reserved;
(xi)
Reserved;
(xii)
Reserved;
(xiii)
Vehicles, owned or operated by the federal or state government, or by any
agency, instrumentality, or political subdivision of the federal or state
government, or privately owned and operated for profit or not for profit,
capable of transporting not more than ten persons for hire when such vehicles
are used exclusively to transport persons who are elderly, disabled, en route to
receive medical care or prescription medication, or returning after receiving
medical care or prescription medication. For the purpose of this division,
elderly and disabled persons shall have the same meaning as in division (iv) of
this subparagraph;
(xiv)
Reserved; or
(xv)
Ambulances.
(10)
'Passenger' means a person who travels in a public conveyance by virtue of a
contract, either express or implied, with the carrier as to the payment of the
fare or that which is accepted as an equivalent therefor. The prepayment of
fare is not necessary to establish the relationship of passenger and carrier;
although a carrier may demand prepayment of fare if persons enter his or her
vehicle by his or her permission with the intention of being carried; in the
absence of such a demand, an obligation to pay fare is implied on the part of
the passenger, and the reciprocal obligation of carriage of the carrier arises
upon the entry of the passenger.
(11)
Reserved.
(12)(6)
'Person' means any individual, partnership, trust, private or public
corporation, municipality, county, political subdivision, public authority,
cooperative, association, or public or private organization of any
character.
(13)
Reserved.
(14)
'Public highway' means every public street, road, highway, or thoroughfare of
any kind in this state.
(15)(7)
'Railroad corporation' or 'railroad company' means all corporations, companies,
or individuals owning or operating any railroad in this state. This title shall
apply to all persons, firms, and companies, and to all associations of persons,
whether incorporated or otherwise, that engage in business as common carriers
upon any of the lines of railroad in this state, as well as to railroad
corporations and railroad companies as defined in this Code
section.
(16)(8)
'Rate,' when used in this title with respect to an electric utility, means any
rate, charge, classification, or service of an electric utility or any rule or
regulation relating thereto.
(17)(9)
'Utility' means any person who is subject in any way to the lawful jurisdiction
of the commission.
(18)
'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways in
the transportation of passengers or property, or any combination thereof,
determined by the
commission."
SECTION
14.
Said
title is further amended by revising Code Section 46-3-38, relating to
applicability of part to moving or transportation of houses or buildings, as
follows:
"46-3-38.
In
addition to the exceptions set forth in Code Section 46-3-37, this part shall
not be construed as applying to and shall not apply to the moving or
transportation of houses or buildings or parts thereof when such moving is under
the jurisdiction of, and is undertaken pursuant to authority granted by, the
Georgia
Public Service Commission
Department of
Public Safety."
SECTION
15.
Said
title is further amended by repealing Chapter 7, relating to motor carriers, and
designating said chapter as reserved.
SECTION
16.
Said
title is further amended by repealing Code Section 46-9-6, relating to
limitations of actions against carriers for recovery of overcharges,
requirements regarding rates, charges, and claims for loss or damage, and
designating said Code section as reserved.
SECTION
17.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising division (5)(B)(ii) of Code Section 48-8-3, relating to
exemptions from the state sales and use tax, as follows:
"(ii)
'Urban transit system' means a public transit system primarily urban in
character which is operated by a street railroad company or a motor
common
carrier, is subject to the jurisdiction of the
Public
Service Commission
Department of
Public Safety, and whose fares and charges
are regulated by the
Public
Service Commission
Department of
Public Safety, or is operated pursuant to
a franchise contract with a municipality of this state so that its fares and
charges are regulated by or are subject to the approval of the municipality. An
urban transit system certificate shall be issued by the
Public
Service Commission
Department of
Public Safety, or by the municipality
which has regulatory authority, upon an affirmative showing that the applicant
operates an urban transit system. The certificate shall be obtained and filed
with the commissioner and shall continue in effect so long as the holder of such
certificate qualifies as an urban transit system. Any urban transit system
certificate granted prior to January 1, 2002, shall be deemed valid as of the
date it was issued;"
SECTION
18.
Said
title is further amended by revising Code Section 48-8-93, relating to
nonimposition of tax on property ordered by and delivered to a purchaser outside
a special district and conditions of delivery, as follows:
"48-8-93.
No
tax provided for in Code Section 48-8-82 shall be imposed upon the sale of
tangible personal property which is ordered by and delivered to the purchaser at
a point outside the geographical area of the special district in which the joint
tax is imposed regardless of the point at which title passes, if the delivery is
made by the seller's vehicle, United States mail, or common carrier or by
private or contract carrier licensed by the
Interstate
Commerce Commission
Federal Motor
Carrier Safety Administration or the
Georgia
Public
Service Commission
Department of
Public Safety."
SECTION
19.
Said
title is further amended by revising Code Section 48-8-107, relating to property
ordered by and delivered to a purchaser at a point outside the geographical area
of a special district in which tax is imposed, as follows:
"48-8-107.
No
sales and use tax provided for in Code Section 48-8-102 shall be imposed upon
the sale of tangible personal property which is ordered by and delivered to the
purchaser at a point outside the geographical area of the special district in
which the sales and use tax is imposed under this article regardless of the
point at which title passes, if the delivery is made by the seller's vehicle,
United States mail, or common carrier or by private or contract carrier licensed
by the
Interstate
Commerce Commission
Federal Motor
Carrier Safety Administration or the
Georgia
Public
Service Commission
Department of
Public Safety."
SECTION
20.
Said
title is further amended by revising Code Section 48-8-117, relating
inapplicability of tax to certain sales of tangible personal property outside
the taxing county, as follows:
"48-8-117.
No
tax provided for in this article shall be imposed upon the sale of tangible
personal property which is ordered by and delivered to the purchaser at a point
outside the geographical area of the county in which the tax is imposed
regardless of the point at which title passes, if the delivery is made by the
seller's vehicle, United States mail, or common carrier or by private or
contract carrier licensed by the
Interstate
Commerce Commission
Federal Motor
Carrier Safety Administration or the
Georgia
Public Service Commission
Georgia
Department of Public
Safety."
SECTION
21.
Said
title is further amended by revising Code Section 48-8-208, relating to no tax
on products ordered and delivered outside geographical area of a municipality,
as follows:
"48-8-208.
No
tax provided for in this article shall be imposed upon the sale of tangible
personal property which is ordered by and delivered to the purchaser at a point
outside the geographical area of the municipality in which the tax is imposed
regardless of the point at which title passes, if the delivery is made by the
seller's vehicle, United States mail, or common carrier or by private or
contract carrier licensed by the
Federal
Highway Administration
Federal Motor
Carrier Safety Administration or the
Georgia
Public Service Commission
Georgia
Department of Public
Safety."
SECTION
22.
Said
title is further amended by revising Code Section 48-8-253, relating to
nonimposition of tax on property ordered by and delivered to purchaser outside
special district and conditions on delivery, as follows:
"48-8-253.
No
tax provided for in this article shall be imposed upon the sale of tangible
personal property which is ordered by and delivered to the purchaser at a point
outside the geographical area of the special district in which the tax is
imposed regardless of the point at which title passes, if the delivery is made
by the seller's vehicle, United States mail, or common carrier or by private or
contract carrier licensed by the
Surface
Transportation Board
Federal Motor
Carrier Safety Administration or the
Georgia
Public Service Commission
Georgia
Department of Public
Safety."
SECTION
23.
Said
title is further amended by revising subsection (a) of Code Section 48-13-16,
relating to excluded businesses or practitioners and other laws on occupation
taxes or registration fees of local governments not repealed, as
follows:
"(a)
The following businesses or practitioners shall be excluded from occupation tax,
registration fees, or regulatory fees under the provisions of this article but
shall be subject to taxation and regulation as otherwise provided by general law
and municipal charters:
(1)
Those businesses regulated by the Georgia Public Service Commission
and the
Georgia Department of Public
Safety;
(2)
Those electrical service businesses organized under Chapter 3 of Title 46;
and
(3)
Any farm operation for the production from or on the land of agricultural
products, but not including any agribusiness."
SECTION
24.
Said
title is further amended by revising subsection (b) of Code Section 48-13-18,
relating to levy by municipalities of occupation taxes on licensed businesses,
trades, and professions and prohibition of municipal licensing or taxation of
businesses, trades, or operations operating registered vehicles, as
follows:
"(b)
Nothing contained in this Code section shall be construed to authorize the
municipal licensing or taxation of businesses, trades, or occupations operating
motor vehicles required to be registered with the
Public
Service Commission
Department of
Public Safety of this
state."
PART
III
Effective Date and Repealer.
Effective Date and Repealer.
SECTION
25.
This
Act shall become effective on July 1, 2012.
SECTION
26.
All
laws and parts of laws in conflict with this Act are repealed.