Subject 515-16-10 PERMITTED CARRIERS
Rule 515-16-10-.01 Applicability
The provisions in this chapter apply to all for hire motor carriers that are required to hold Permits under the Motor Carriers Acts of this state and/or the provisions of 49 USC §§ 3101, 13702, 14501 and 14504 and regulations issued thereunder contained in 49 CFR.
Rule 515-16-10-.02 Penalties
The criminal and civil penalties for violation of this Chapter are those set forth in O.C.G.A. §§ 46-2-90 through 46-2-93, 46-7-39, 46-7-90 and 46-7-91, and in Chapters 515-16-2 and 515-16-10 of these Transportation Rules; and such penalties can only be imposed by the Commission after notice and hearing, unless the violator consents in writing to such penalties.
Rule 515-16-10-.03 Definitions
As used in this chapter the term Corporate family means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.
Rule 515-16-10-.04 Registration Permits
Before any motor carrier transports persons or property for hire in interstate commerce, specifically exempt from the economic jurisdiction of the Federal Motor Carrier Safety Administration, said carrier shall first make application for a registration permit on forms prescribed by the Georgia Department of Revenue and by paying the required filing fee.
Rule 515-16-10-.05 Motor Carrier of Passenger Permits
Before any motor carrier of passengers, in a charter service, operates any motor vehicle, other than vehicles listed under limousine carriers, with a capacity for 11 or more passengers in intrastate commerce, said carrier shall first make application for a passenger permit on forms prescribed by the Commission and pay a filing fee of $75.00.
Rule 515-16-10-.06 Motor Carrier of Property Permits
Before any motor carrier of property shall operate any motor vehicle in intrastate commerce, it shall first secure a Motor Carrier of Property Permit from the Georgia Department of Revenue by making application on forms prescribed by the Georgia Department of Revenue and by paying the required filing fee. This applies to common or contract carriers engaged in the transportation of general commodities (except household goods) operating over the highways of the State of Georgia over no fixed route.
Rule 515-16-10-.07 Qualifications for Commission Issued Certificates and Permits
(1) | A carrier applying for a motor carrier certificate or permit issued by the Commission must demonstrate compliance with the laws of Georgia, and the rules and regulations of the Commission regarding insurance, safety, and hazardous materials. The Commission may refuse to issue a certificate or permit where the applicant has failed to show compliance. The applicant, upon request made in writing, shall be entitled to a hearing to protest said denial. |
(2) | The Commission may, at any time after notice and an opportunity to be heard, suspend, revoke, alter, or amend any certificate or permit issued under these rules, if the holder of the certificate or permit has violated or refused to observe any lawful and reasonable orders, rules, or regulations prescribed by the Commission, any of the applicable provisions of Title 46 O.C.G.A., or any other law of this State regulating or taxing motor vehicles. |
Rule 515-16-10-.08 Class "IE" Permit Operations
Before any motor carrier of passenger (10 or less, except limousines) operates any motor vehicle in intrastate commerce, it shall first secure a registration permit from the Georgia Department of Revenue by making application on forms prescribed by the Georgia Department of Revenue and by paying the required filing fee.
Rule 515-16-10-.09 Discontinuance of Service
Upon thirty days' notice any motor carrier operating under a permit issued by the Commission may suspend or abandon service immediately by surrendering their permits for cancellation and returning to the Commission all licenses issued thereunder.
Rule 515-16-10-.10 Reserved
Prior Rule rescinded. Inter-corporate hauling regulation was abolished by Act No. 68, Georgia Laws 2005, Pages 334 - 450, repealing O.C.G.A. § 46-1-1(9)(c)(xii).
Rule 515-16-10-.11 Uniform Carrier Registration (Formerly Single State Registration Systems); Definitions
(1) | Motor carriers engaged in interstate commerce within the borders of this state under authority issued by the Federal Motor Carrier Safety Administration shall comply with provisions of the Uniform Carrier Registration ("UCR") Program as provided for 49 USCA § 13908 and Federal Motor Carrier Regulations issued there under and in Commission Transportation Rule 515-16-3. To the extent the UCR has not been fully implemented to date, the Single State Registration System ("SSRS") will continue to apply. |
(2) | For
convenience, certain definitions from Chapter 515-16-3 are repeated here:
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Rule 515-16-10-.12 Reinstatement or Cancellation of Permit
After a permit has been suspended by the Commission within twelve months from the date of the suspension, same will automatically be canceled and will not be reinstated.