Subject 515-16-3 GENERAL TRANSPORTATION RULES
The Commission has such jurisdiction over carriers as
provided by statute and such jurisdiction over motor carriers is statewide,
covering all operations between points within the State, with no exception for
operations conducted wholly within a municipality. Local governments shall not
burden intrastate commerce and shall have no jurisdiction over
Commission-regulated carriers operating within or transiting the boundaries of
a local government other than that expressly provided by
statute.
The rules herein promulgated state the conditions and
regulations under which carriers regulated by the Commission are permitted to
operate over the highways of this State and elaborate upon statutory penalties
for noncompliance by authorized and unauthorized carriers.
Unless specifically defined elsewhere, when used in this
rulebook, the term-
| (a) |
Carrier means:
| 1. |
For the purposes of safety and/or
hazardous materials regulation, any person who owns, controls, or manages a
motor vehicle subject to the jurisdiction of the Commission, including, but not
limited to, for hire motor common carriers, for hire motor contract carriers,
forest products carriers, limousine carriers, private carriers, and any other
person subject to the Commission's safety and hazardous materials jurisdiction
(ref. O.C.G.A. § 46-1-1,
§ 46-7-37, § 46-7-85.1, § 46-11-3); or |
| 2. |
For the purposes of insurance filing,
obtaining of certificates, obtaining of permits or vehicle registrations, any
person who operates a motor vehicle to transport persons or property, or both,
for compensation (ref. O.C.G.A. § 46-1-1). |
|
| (b) |
Carrier Class
means the classification or type of certificate, permit, or registration issued
to a for hire carrier pursuant to the provisions of O.C.G.A. Title 46. Carriers
may have one or more of the following classifications: (See Note) |
| (c) |
Class B carrier means
common carriers of passengers or common carriers of household goods operating
over the highways of the State of Georgia over no fixed route in intrastate
commerce under certificates. |
| (d) |
Class IE carrier means a for hire passenger carrier not using
limousines as defined in O.C.G.A. § 46-7-85.1(4)transporting 10 or less
passengers (ref. O.C.G.A. § 46-1-1(9)(c)(xiii)
and § 46-7-15(a)). |
| (e) |
Certificate means a certificate issued by the Georgia Public
Service Commission, whether interim or permanent (ref. O.C.G.A. § 46-1-1). |
| (f) |
CFR means the United
States Code of Federal Regulations, and as it may be amended from time to time
in the Federal Register. |
| (g) |
Chauffeur means any person who meets the qualifications as
prescribed in O.C.G.A. § 46-7-85.10 and who is authorized by the Georgia
Department of Driver Services to drive a limousine (ref. O.C.G.A. §
46-7-85.1). |
| (h) |
Commission means the Georgia Public Service Commission (ref.
O.C.G.A. § 46-1-1). |
| (i) |
Company means a
corporation, a firm, a partnership, an association, or an individual (ref.
O.C.G.A. § 46-1-1). |
| (j) |
FHWA means the Federal
Highway Administration and any successor agencies of the United States
Department of Transportation. |
| (k) |
FMCSA means the Federal Motor Carrier Safety Administration
and any successor agencies of the United States Department of
Transportation. |
| (l) |
For
hire means an activity wherein for 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 (ref. O.C.G.A. § 46-1-1(6)). |
| (m) |
Highway or
Public Highway means every public street, road, highway or
thoroughfare of any kind in this state and includes the entire width between
the boundary lines of every way publicly maintained when any part thereof is
open to the use of the public for purposes of vehicular travel (ref. O.C.G.A.
§ 40-1-1 and
§ 46-1-1). |
| (n) |
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 (ref. O.C.G.A. § 46-1-1(7)). |
| (o) |
Intercorporate carrier
means a carrier who engages in compensated intercorporate hauling whereby
transportation of property is provided by a person who is a member of a
corporate family for other members of such corporate family. Intercorporate
carriers engaged in intrastate commerce must obtain property permits (ref.
O.C.G.A. § 46-1-1). |
| (p) |
Interim Certificate
means a certificate issued by the Commission for a twelve (12) month period
prior to the issuance of a permanent certificate. |
| (q) |
Lightweight commercial motor
vehicle means any self propelled or towed vehicle less than 10,000
pounds gross vehicle weight rating or gross combination weight rating operated
by:
| 1. |
A for hire motor carrier; |
| 2. |
A carrier exempt from the economic
jurisdiction of the Commission, but otherwise subject to the safety rules of
the Commission; or |
| 3. |
A private
carrier transporting hazardous materials in a quantity not required to be
placarded. |
|
| (r) |
Limousine means any motor vehicle that meets the
manufacturer's specifications for a limousine. No vehicle shall be permitted to
be operated both as a taxicab and a limousine carrier. |
| (s) |
Limousine carrier means
any person operating a prearranged service regularly rendered to the public by
furnishing transportation as a motor common carrier for hire, not over fixed
routes, by means of one or more unmetered:
| 5. |
Sport utility vehicles; |
| 6. |
Extended sport utility vehicles; |
| 7. |
Other vehicles with a capacity for
transporting no more than 10 persons for hire; or |
| 8. |
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 (ref.
O.C.G.A. § 46-7-85.1 ). |
|
| (t) |
Motor carrier of
property means a motor common or contract carrier engaged in
transporting property, except household goods, in intrastate commerce in this
state (ref. O.C.G.A. § 46-1-1(8)). |
| (u) |
Subject to the exceptions contained in
O.C.G.A. § 46-1-1(9)(C),
| 1. |
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 property for hire over any public highway in this state
(ref. O.C.G.A. § 46-1-1(9)(A)). |
| 2. |
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 property, or both,
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 (ref. O.C.G.A. § 46-1-1(9)(B)). |
|
| (v) |
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 Georgia
Public Service Commission (ref. O.C.G.A. § 46-1-1). |
| (w) |
O.C.G.A. means the
Official Code of Georgia, Annotated. |
| (x) |
Nonconsensual towing
means the removal or relocation of an illegally parked or trespassing motor
vehicle from private real property at the request of the owner of such real
property on which such vehicle is parked, or at the request of such real
property owner's agent designated in writing, without the knowledge or consent
of the owner of the vehicle being removed or relocated. |
| (y) |
Nonconsensual tow truck
operator means any person or carrier operating the vehicle conducting
the nonconsensual towing as defined in the previous definition in this
Rule. |
| (z) |
Out of service
order means a prohibition against driving or operating a motor
vehicle(s), moving or causing cargo to be moved, or conducting a motor carrier
operation (ref.
49
CFR §§ 383.5 and
390.5 and O.C.G.A.
§ 40-5-152). |
| (aa) |
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 therefore. The prepayment of fare is not
necessary to establish the relationship of passenger and carrier. The term
"passenger" shall mean and include express, mail, newspapers and/or baggage of
passengers in the same vehicle or combination of vehicles with passengers,
except as otherwise restricted in a certificate or by rule or regulation (ref.
O.C.G.A. § 46-1-1(10)). |
| (bb) |
Passenger permit means
a motor carrier of passenger permit issued to motor carriers engaged in
transporting more than 10 passengers (excluding the driver) for compensation in
charter service. |
| (cc) |
Permit means a registration permit issued by the state revenue
commissioner authorizing interstate transportation for hire exempt from the
jurisdiction of the United States Department of Transportation or intrastate
passenger transportation for hire exempt from the jurisdiction of the state
revenue commissioner or intrastate transportation by a motor carrier of
property (ref. O.C.G.A. § 46-1-1(11)). |
| (dd) |
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 (ref. O.C.G.A. § 46-1-1(12)). |
| (ee) |
Principle Place of
Domicile means the principal place in which a carrier conducts its
business. |
| (ff) |
Property
Permit carrier means 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 (ref. O.C.G.A. §
46-7-15(1)). |
| (gg) |
Private
carrier means every person except motor common carriers or motor
contract carriers owning, controlling, operating, or managing any motor
propelled vehicle, and the lessees or trustees thereof or receivers appointed
by any court whatsoever, used in the business of transporting persons or
property in private transportation not for hire over any public highway in this
state. The term "private carrier" shall not include:
| 1. |
Motor vehicles not for hire engaged solely
in the harvesting or transportation of forest products; provided, however, that
motor vehicles not for hire with a manufacturer's gross weight rated capacity
of 44,000 pounds or more engaged solely in the transportation of unmanufactured
forest products shall be subject only to the Georgia Forest Products Trucking
Rules provided for in division (9)(c)(x) of this Code section; |
| 2. |
Motor vehicles not for hire engaged solely
in the transportation of road-building materials; |
| 3. |
Motor vehicles not for hire engaged solely
in the transportation of unmanufactured agricultural or dairy products between
farm, market, gin, warehouse, or mill whether such vehicle is owned by the
owner or producer of such agricultural or dairy products or not, so long as the
title remains in the producer; or |
| 4. |
Except for the motor vehicles excluded
under subparagraph (c) of this paragraph, motor vehicles having a
manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided,
however, that motor vehicles which have a manufacturer's gross vehicle weight
rating of 10,000 pounds or less and which are transporting hazardous materials,
as the term "hazardous materials" is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term "private
carrier" (ref. O.C.G.A. § 46-1-1(13)). |
|
| (hh) |
Public
highway means every public street, road, highway, or thoroughfare of
any kind in this state (ref. O.C.G.A. § 46-1-1(14)). |
| (ii) |
RSPA means the Research
and Special Programs Administration of the United States Department of
Transportation or any successor agency. |
| (jj) |
Road-building material
means fill dirt, rock or other sub-base, concrete, asphalt or any other
material to be used in the actual construction of a public highway, provided,
however,"road-building material" does not include materials designated as
hazardous materials pursuant to Title
49
U.S.C. § 5101, et. seq. |
| (kk) |
Railroad Corporation
or Railroad Co. means all corporations, companies,
individuals, or associations of persons, whether incorporated or otherwise,
that engage in business as common carriers upon any of the lines of railroads
operating in this state. |
| (ll) |
Single Source Leasing means whereby a leasing company whose
primary business is leasing vehicles and who operates a fleet of ten or more
vehicles provides vehicle equipment and drivers in a single transaction to a
private carrier and is presumed to result in private carriage by the shipper if
the requirements enumerated in O.C.G.A. § 46-1-1(9)(c)(ix)
are met and are subject only to the Commission's safety rules. |
| (mm) |
Single State Registration
Receipt means a registration receipt issued to interstate motor
carriers by their base state, identifying the carrier and specifying the states
in which the carrier is authorized to operate pursuant to 49 CFR § 367.5. |
| (nn) |
Single State
Registration System (SSRS) means the requirements for registration of
interstate carriers with their base state for issuance of registration receipts
as described in 49 CFR Part 367; and SSRS is being superseded by Unified
Carrier Registration (UCR) when and if the FMCSA completes refining of the
computer database and programming for UCR. |
| (oo) |
Temporary Emergency
Authority means a temporary grant of operating authority by the
Commission under the provisions of Commission Transportation Rule
515-16-5-.15. A Temporary Emergency
is an immediate and unmet need for which there is no certificated carrier
authorized and capable of meeting such need, or the refusal by all such
authorized carriers to provide service to the involved shipper or to the
involved origin or destination points. To qualify for a grant of Temporary
Emergence Authority, the applicant must show that it is qualified and ready,
willing and able to meet such need. Such Temporary Emergency Authority shall
expire within sixty days after the Commission Order granting such authority
unless otherwise provided by Commission Order. |
| (pp) |
Unified Carrier Registration
System or URS means the national registration system
established by the FMCSA pursuant to
49 USC § 13908, which is superseding SSRS. |
| (qq) |
USDOT means the United
States Department of Transportation. |
| (rr) |
Utility means any
person who is subject in any way to the lawful jurisdiction of the Commission
(ref. O.C.G.A. § 46-1-1). |
| (ss) |
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 Georgia Public
Service Commission (ref. O.C.G.A. § 46-1-1). |
All operations must be conducted and business transacted
under the name of the owner, or owner with an operating name, or name of
incorporation shown on the certificate, permit, or registration receipt.
Individuals, partnerships or corporate owners of certificates or permits may
request a change in the doing business as (D.B.A.) name by filing a request
with the Commission. Certificated carriers may make application for transfer of
a permanent certificate to a different individual, partnership or corporate
owner by complying with all the rules relating to transfer of permanent
certificates (See Commission Transportation Rules Chapter
515-16-5). Permitted carriers must apply for a new permit if there is a change
in name or ownership.
Any certificate, permit or registration receipt obtained by
any fraudulent means shall be subject to cancellation upon discovery of
such.
No for hire motor carrier shall engage in intrastate or
interstate operations within the borders of the State of Georgia unless and
until there shall have been filed with and accepted by this Commission a
currently effective designation of a local agent for service and process. Said
carrier shall file such designation by showing the name and address of such
agent on forms prescribed by the Commission or by furnishing this Commission
with a true copy of the designation of such agent filed with the Federal
Highway Administration.
| (1) |
Any person, firm or corporation
(hereinafter referred to as "utility"), subject to the jurisdiction of the
Georgia Public Service Commission, who shall willfully violate any law
administered by the Commission, or any duly promulgated rule or regulation
issued thereunder or who fails, neglects or refuses to comply with any order,
after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for
said violation and an additional penalty not to exceed $10,000.00 for each day
during which such violation continues. |
| (2) |
The Commission, after hearing as provided
for in Chapter 515-16-14 of the Commission's Transportation Rules, upon not
less than 30 days notice, shall determine whether any carrier has willfully
violated any law administered by the Commission, or any duly promulgated
regulation issued thereunder, or has failed, neglected or refused to comply
with any order of the Commission, and upon appropriate finding thereof may
impose such civil penalties as herein provided by order for such violations. In
each such proceeding, the Commission shall maintain a record including all
pleadings, a transcript of proceedings, a statement of each matter of which the
Commission takes official notice, and all staff memoranda or data submitted to
the Commission in connection with their consideration of the case. All
penalties and interest thereon (at the rate of 10 percent per annum) recovered
by the Commission shall be paid into the general fund of the State
treasury. |
| (3) |
Any party aggrieved
by a decision of the Commission may seek judicial review as provided in (4)
below. |
| (4) |
Any party who has
exhausted all administrative remedies available before the Georgia Public
Service Commission and who is aggrieved by a final decision of the Commission
in a proceeding described in subsection (2) of this section may seek judicial
review of the final order of the Commission in the Superior Court of Fulton
County.
| (a) |
Proceedings for review shall be
instituted by filing a petition within 30 days after the service of the final
decision of the Commission 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 Commission shall not be a prerequisite to the filing of a
petition for review. Copies of the petition shall be served upon the Commission
and all parties of record before the Commission. |
| (b) |
The petition shall state the nature of
the petitioner's interest, the facts showing that petitioner is aggrieved by
the decision and the ground, as specified in subsection (4)(f) of this section,
upon which the petitioner contends that the decision should be reversed. The
petition may be amended by leave of court. |
| (c) |
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. |
| (d) |
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 Commission upon such procedure as is determined by the
court. The Commission 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. |
| (e) |
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 Commission as to the weight of the
evidence on questions of fact. The court may affirm the decision of the
Commission or remand the case for further proceedings. The court may reverse
the decision of the Commission if substantial rights of the petitioner have
been prejudiced because the Commission's findings, inferences, conclusions, or
decisions are:
| 1. |
In violation of
constitutional or statutory provisions; |
| 2. |
In excess of the statutory authority of
the Commission; |
| 3. |
Made upon
unlawful procedure; |
| 4. |
Clearly not
supported by any reliable, probative, and substantial evidence on the record as
a whole; or |
| 5. |
Arbitrary or
capricious. |
|
| (f) |
A party
aggrieved by an order of the court in a proceeding authorized under subsection
(4) of this rule 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 of
O.C.G.A., the "Appellate Practice Act." |
|
Every officer, agent, or employee of any company under the
jurisdiction of the Commission who violates or procures, aids, or abets any
violation by any such company of any provision of Title 46 O.C.G.A.; or who
fails to obey, observe, or comply with any order of the Commission; or who aids
or abets any such company in its failure to obey, observe, and comply with any
such order, direction, or provision, shall be guilty of a misdemeanor. Such
officer, agent, or employee shall be subject to prosecution in any county in
which the company or the officer, agent, or employee violates any provision of
this title or any provision of any order of the Commission, or in any county
through which the company operates. Such officer, agent, or employee shall also
be subject to prosecution under this title in any county in which a subordinate
agent or employee of the company violates any provision of this title, by the
approval or direction, or in consequence of the approval or direction, of such
officer, agent, or employee; and the agent or employee who locally in any
county violates the rules or directions of said Commission pursuant to the
direction or authority of a superior officer may be called as a witness and be
compelled to testify as to the authority by which he acted. Such testimony
shall not be used against such subordinate employee or agent, nor shall he
thereafter be subject to prosecution for said offense.
