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Article 1 - General Provisions
§ 40-1-1. Definitions - As used in this title, the term: (5.1) “Automated driving...
§ 40-1-2. How Horsepower Determined - The Society of Automotive Engineers horsepower rating formula is adopted...
§ 40-1-3. Requiring or Permitting Unlawful Operation of Vehicle - It is unlawful for the owner or any other person...
§ 40-1-4. Stickers, Decals, or Emblems Containing Profane or Lewd Words Describing Sexual Acts, Excretory Functions, or Parts of the Human Body - No person owning, operating, or using a motor vehicle in...
§ 40-1-5. Disclosure by Dealer of Damage to New Motor Vehicles - History. Code 1981, § 40-1-5 , enacted by Ga. L....
§ 40-1-6. Uniforms of Law Enforcement Officers - Uniformed law enforcement officers of an agency who are assigned...
§ 40-1-7. Blue Light Required for Officers Enforcing Traffic; Exception - Whenever pursuing a person in violation of a traffic related...
§ 40-1-8. Safe Operations of Motor Carriers, Commercial Motor Vehicles, and Drivers; Safe Transportation of Hazardous Materials - History. Code 1981, § 40-1-8 , enacted by Ga. L....
Article 2 - Transportation of Hazardous Materials
§ 40-1-20. Short Title - This article shall be known and may be cited as...
§ 40-1-21. Safe Transportation of Hazardous Materials Within State - The General Assembly finds that the transportation of hazardous materials...
§ 40-1-22. Definitions - As used in this article, the term: History. Code 1981,...
§ 40-1-23. Regulatory Compliance Inspections; Notification; Contacts With State; Permit Required for Transporting Materials; Escorts or Inspections; Exceptions; Recovery for Damage or Discharge; Civil Monetary Penalties; Routing Agencies; Adoption of... - History. Code 1981, § 40-1-23 , enacted by Ga. L....
§ 40-1-24. Enforcement; Use of Funds; Regulatory Compliance Inspections by Others; Examination of Facilities - History. Code 1981, § 40-1-24 , enacted by Ga. L....
§ 40-1-25. Severability - In the event that any section, paragraph, or other part...
Article 3 - Motor Carriers
Part 1 - Georgia Motor Carrier Act of 2012
§ 40-1-50. Short Title - This article shall be known and may be cited as...
§ 40-1-51. Legislative Findings; Construction - The General Assembly finds that the for-hire transportation of persons...
§ 40-1-52. Establishment of Motor Carrier Compliance Division - There is created and established a division within the Department...
§ 40-1-53. “Department” Defined; Methods of Enforcement - History. Code 1981, § 40-1-53 , enacted by Ga. L....
§ 40-1-54. Rules and Regulations for Implementation and Administration - History. Code 1981, § 40-1-54 , enacted by Ga. L....
§ 40-1-55. Penalty for Violations - Every officer, agent, or employee of any corporation and every...
§ 40-1-56. Financial Penalty for Violations; Suspension of Certificate or Permit; Notice; Review - History. Code 1981, § 40-1-56 , enacted by Ga. L....
§ 40-1-56.1. Unpaid Assessments; Liens on Identifiable Vehicles; Perfection; Suspension of Registration - History. Code 1981, § 40-1-56.1 , enacted by Ga. L....
§ 40-1-57. Applicability of Prior Action of Public Service Commission - Rules, orders, and regulations previously adopted which relate to functions...
§ 40-1-58. Determining Employment Status Based Upon a Motor Carrier Safety Improvement - History. Code 1981, § 40-1-58 , enacted by Ga. L....
Part 2 - Certification of Motor Carriers
§ 40-1-100. Definitions - As used in this part, the term: History. Code 1981,...
§ 40-1-101. Regulatory Compliance Inspections; Regulation of Business; Requirements of Motor Carriers - History. Code 1981, § 40-1-101 , enacted by Ga. L....
§ 40-1-102. Certificate or Permit Prerequisite to Operation; Minimum Insurance Requirement - History. Code 1981, § 40-1-102 , enacted by Ga. L....
§ 40-1-103. Application Form for Certificate; Issuance to Qualified Applicant - History. Code 1981, § 40-1-103 , enacted by Ga. L....
§ 40-1-104. Revocation, Alteration, or Amendment of Certificate or Permit; Suspension; Out-of-Service Orders - Certificate holders affected by such suspension may appeal to the...
§ 40-1-105. Transfer of Certificate - Any motor carrier certificate issued pursuant to this part may...
§ 40-1-106. Fitness of Applicant; Protest of Application by Certificate Holder - History. Code 1981, § 40-1-106 , enacted by Ga. L....
§ 40-1-107. Information in Application - The commissioner shall adopt rules prescribing the manner and form...
§ 40-1-108. Transportation of Persons Under Age 21 Drinking Alcohol - Any motor carrier subject to the jurisdiction of the commissioner...
§ 40-1-109. Fees Upon Initial Application - The commissioner shall collect the following one-time fees upon initial...
§ 40-1-110. Hearing and Notice of Pending Application - The commissioner, upon the filing of an application for a...
§ 40-1-111. Limitation Upon Reapplication for Denied Applicants - When an application for a motor carrier certificate under this...
§ 40-1-112. Insurance of Motor Carriers - History. Code 1981, § 40-1-112 , enacted by Ga. L....
§ 40-1-113. Transportation Contracts Limiting Liability - Motor carrier transportation contract shall not include the Uniform Intermodal...
§ 40-1-114. Temporary Emergency Authority Issued to Carriers - Notwithstanding any other provision of law to the contrary, in...
§ 40-1-115. Notice of Discontinuance of Route - A motor carrier of passengers may discontinue its entire service...
§ 40-1-116. Additional Taxation Prohibited by Localities - No subdivision of this state, including cities, townships, or counties,...
§ 40-1-117. Registered Agents of Nonresident Motor Carrier; Service; Venue for Cause Action; Vehicles Excluded From Motor Carrier or Contract Carrier; Covered Farm Vehicles - History. Code 1981, § 40-1-117 , enacted by Ga. L....
§ 40-1-118. Establishment of Just and Reasonable Rates, Fares, and Charges for Transportation - The commissioner shall prescribe just and reasonable rates, fares, and...
§ 40-1-119. Charges by Motor Carriers; Unjust Discrimination by Carriers Prohibited - No motor carrier of household goods or passengers shall charge,...
§ 40-1-120. Limiting Baggage Size for Motor Carrier’s Passengers - Motor carriers of passengers shall not be compelled to carry...
§ 40-1-121. Inspection of Books and Records - The department shall prescribe the books and the forms of...
§ 40-1-122. Observing Laws; Schedule of Operation - Motor carriers shall observe the laws of this state in...
§ 40-1-123. Enjoining Operation of Motor Carriers - Any motor carrier which operates on the public highways of...
§ 40-1-124. Perpetual Franchise Over Public Highways Prohibited - Nothing in this part or any other law shall be...
§ 40-1-125. Hearing Upon Suspension or Revocation of Motor Carrier Certificate; Judicial Review - History. Code 1981, § 40-1-125 , enacted by Ga. L....
§ 40-1-126. Carriers Engaged in Interstate and Intrastate Commerce - In circumstances where a motor carrier is engaged in both...
§ 40-1-127. Actions for Recovery of Overcharges; Rates, Charges, and Claims for Loss or Damage - History. Code 1981, § 40-1-127 , enacted by Ga. L....
§ 40-1-128. Accepting or Receiving Rebates or Drawbacks; Prima-Facie Evidence of Intentional Violation; Burden of Claiming Exception - History. Code 1981, § 40-1-128 , enacted by Ga. L....
§ 40-1-129. Fines for Violating Certificate Requirement; Advertising Services Without Certificate Prohibited - History. Code 1981, § 40-1-129 , enacted by Ga. L....
§ 40-1-130. Inclusion of Motor Carrier Authorization Number in Advertising - In any advertisement for a motor carrier, whether by print,...
Part 3 - Georgia Limousine Carriers
§ 40-1-150. Short Title - This part shall be known and may be cited as...
§ 40-1-151. Definitions - As used in this part, the term: History. Code 1981,...
§ 40-1-152. Operation in Accordance With Provisions; Certificate for Limousine Carrier Required - History. Code 1981, § 40-1-152 , enacted by Ga. L....
§ 40-1-153. Application Form for Limousine Carriers; Issuance to Qualified Applicants - History. Code 1981, § 40-1-153 , enacted by Ga. L....
§ 40-1-154. Compliance With Code Section 40-1-8 - Limousine carriers shall comply with the applicable provisions of Code...
§ 40-1-155. Transferring or Encumbering Certificates - No limousine carrier certificate issued under this part may be...
§ 40-1-156. Grounds for Cancellation, Revocation, or Suspension of Limousine Carrier Certificate - History. Code 1981, § 40-1-156 , enacted by Ga. L....
§ 40-1-157. Validity of Certificates - Limousine certificates shall be valid unless suspended, revoked, or canceled...
§ 40-1-158. For-Hire License Endorsement or Private Background Check Certification Required - Pursuant to rules and regulations prescribed by the commissioner of...
§ 40-1-159. Application Fees - The commissioner shall collect the following one-time fees upon initial...
§ 40-1-160. Transportation of Persons Under Age 21 Drinking Alcohol - Any limousine carrier subject to the jurisdiction of the commissioner...
§ 40-1-161. Revocation, Alteration, or Amendment of Limousine Certificate - The commissioner may, at any time after notice and opportunity...
§ 40-1-162. State Regulates Limousine Carriers; Preemption; Limousine Carrier Doing Business at a County or Municipal Airport - The State of Georgia fully occupies and preempts the entire...
§ 40-1-163. Rates and Charges - History. Code 1981, § 40-1-163 , enacted by Ga. L....
§ 40-1-164. Notice and Opportunity to Be Heard by Carriers - Before the department shall enter any order, regulation, or requirement...
§ 40-1-165. Motor Carrier Authorization Number of Limousine Carriers Included in Advertisement - In any advertisement for a limousine carrier, whether by print,...
§ 40-1-166. Commercial Indemnity and Liability Insurance - Each limousine carrier shall obtain and maintain commercial indemnity and...
§ 40-1-167. Required Information on License Plates of Limousines - Each limousine carrier which registers any vehicle under this article...
§ 40-1-168. Local Taxation of Limousine Carriers Prohibited - No subdivision of this state, including cities, townships, or counties,...
§ 40-1-169. Enforcement - The department is authorized to enforce the provisions of this...
§ 40-1-170. Application to Every Vehicle Controlled by Limousine Carrier - The provisions of this part and the powers granted to...
Part 4 - Ride Share Network Services and Transportation Referral Services
§ 40-1-190. Definitions - As used in this part, the term: History. Code 1981,...
§ 40-1-191. Legislative Findings; Preemption; Ride Share Network Service, Transportation Referral Service, Transportation Referral Service Provider, and Taxi Service Doing Business at a County or Municipal Airport - The General Assembly finds that it is in the public...
§ 40-1-192. Transportation Referral Service Provider Registration Requirement; Licensure; Exemptions; Additional Requirements - History. Code 1981, § 40-1-192 , enacted by Ga. L....
§ 40-1-193. Ride Share Network Service Registration Requirement; Licensure; Required List of All Ride Share Drivers; Additional Requirements for Ride Share Network Service Businesses and Drivers; Law Enforcement Access to Digital Information in Smart... - Upon reasonable suspicion of a law enforcement officer of improper...
§ 40-1-193.1. Registration of Taxi Services; Requirements to Operate Taxi Service - History. Code 1981, § 40-1-193.1 , enacted by Ga. L....
§ 40-1-194. Prohibition on Contracting With Carriers, Drivers, or Taxi Services Not Properly Licensed or Insured; Penalties for Violations - History. Code 1981, § 40-1-194 , enacted by Ga. L....
§ 40-1-195. Inclusion of License Number Issued by Department in Advertising; Requirements for Signage or Emblem Approved by Department of Public Safety - Any person who violates this subsection shall be guilty of...
§ 40-1-196. Rates Charged - History. Code 1981, § 40-1-196 , enacted by Ga. L....
§ 40-1-197. Promulgation of Rules and Regulations - The department is authorized to promulgate such rules and regulations...
§ 40-1-198. Requirement to Maintain Current List of Drivers - History. Code 1981, § 40-1-198 , enacted by Ga. L....
§ 40-1-199. Waivers - A waiver of any rights with regard to personal injuries...
§ 40-1-200. Inapplicability to Equine Drawn or Other Nonmotorized Vehicles - This part shall not be applicable to equine drawn vehicles...
Part 5 - Georgia Peer-to-Peer Car-Sharing Program
§ 40-1-220. Definitions - As used in this part, the term: History. Code 1981,...
§ 40-1-221. Assumption of Liability; Insurance - History. Code 1981, § 40-1-221 , enacted by Ga. L....
§ 40-1-222. Notification of Lien on Vehicle - At the time a vehicle owner registers as a shared...
§ 40-1-223. Exclusion of Insurance Coverage for Shared Vehicle - History. Code 1981, § 40-1-223 , enacted by Ga. L....
§ 40-1-224. Collection, Verification, and Retention of Records - A peer-to-peer car-sharing program shall collect and verify records pertaining...
§ 40-1-225. Exemption From Vicarious Liability - A peer-to-peer car-sharing program and a shared vehicle owner shall...
§ 40-1-226. Right to Seek Contribution - A motor vehicle insurer that defends or indemnifies a claim...
§ 40-1-227. Insurable Interests - History. Code 1981, § 40-1-227 , enacted by Ga. L....
§ 40-1-228. Required Disclosures in Car-Sharing Program Agreements - Each car-sharing program agreement made in this state shall disclose...
§ 40-1-229. Requirements for Drivers in Peer-to-Peer Car-Sharing Program; Record Keeping - History. Code 1981, § 40-1-229 , enacted by Ga. L....
§ 40-1-230. Vehicle Equipment - A peer-to-peer car-sharing program shall have sole responsibility for any...
§ 40-1-231. Prerequisites for Sharing Vehicles; Impact of Safety Recalls - History. Code 1981, § 40-1-231 , enacted by Ga. L....