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Article 1 - General Provisions
§ 46-9-1. Standard of Care for Carriers and Common Carriers; Presumption of Negligence by Common Carriers Arising From Loss of Goods - Carriers as such are bound to exercise ordinary diligence. Common...
§ 46-9-2. Power of Common Carrier to Limit Liability - A common carrier may not limit his legal liability by...
§ 46-9-3. Showings Required by Common Carrier as Prerequisite to Use of Exceptions Under Code Sections 46-9-1 and 46-9-2 - In order for a common carrier to avail himself of...
§ 46-9-4. Liability of Common Carrier Corporation for Acts Committed Outside of Scope of Charter - In all cases where persons are injured or property is...
§ 46-9-5. Limitation of Actions by Common Carriers for Recovery of Charges - All actions at law by common carriers operating in this...
§ 46-9-7. Time of Accrual of Actions Under Code Section 46-9-5 - For the purposes of Code Section 46-9-5, the cause of...
§ 46-9-8. Requiring Specific Bonding Company as Surety - History. Ga. L. 1912, p. 159, § 1; Code 1933,...
§ 46-9-9. Right of Employee or Surety to Cancel Bond; Notice of Cancellation - History. Ga. L. 1912, p. 159, § 2; Code 1933,...
Article 2 - Establishment and Revision of Rates for Railroad Transportation
§ 46-9-20. Schedules of Transportation Rates for Passengers and Freight by Railroad Companies as Evidence of Just and Reasonable Nature of Rates; Commission to Change and Revise Schedules Periodically - Any schedule of rates and charges established by the commission...
§ 46-9-21. Giving Notice of New and Revised Rate Schedules; Giving Proof of Authenticity of Schedules - History. Ga. L. 1878-79, p. 125, § 6; Code 1882,...
§ 46-9-22. Investigation by Commission of Through Rates - It shall be the duty of the commission to investigate...
§ 46-9-23. Report by Commission of Excessive, Unreasonable, or Discriminatory Through Rates to Proper State Railroad Officials - Whenever the commission finds that a through rate, whether charged...
§ 46-9-24. Report by Commission of Excessive, Unreasonable, or Discriminatory Through Rates to Interstate Commerce Commission - Whenever rates are not changed according to the suggestion of...
§ 46-9-25. Representation of Commission by Attorney General - In all work devolving upon the commission pursuant to Code...
§ 46-9-26. Commission to Prescribe Schedule of Maximum Rates and Charges for Freight Storage by Railroad Companies - The commission is required to fix and prescribe a schedule...
Article 3 - Transportation and Storage of Freight and Livestock
Part 1 - Duties and Liabilities of Carriers Generally
§ 46-9-40. Duty of Common Carriers to Receive Goods - A person holding himself out to the public as a...
§ 46-9-41. Duty of Common Carriers to Transport and Deliver Goods Safely and Without Unreasonable Delay - A common carrier shall have the duty of transporting and...
§ 46-9-42. Effect of Strike by Carrier’s Employees on Carrier’s Duty to Transport Goods - A carrier who receives freight for shipment is bound to...
§ 46-9-43. Measure of Damages for Delay in Delivery of Goods by Carrier - If a carrier fails to deliver goods within a reasonable...
§ 46-9-44. Estoppel of Carrier to Dispute Title to Goods Delivered to Him for Shipment - A carrier may not dispute the title of the person...
§ 46-9-45. Commencement and Termination of Carrier’s Responsibility for Goods - The responsibility of a carrier shall commence with the delivery...
§ 46-9-46. Effect of Delivery to Consignee at Intermediate Point - A common carrier may recover pro rata for the actual...
§ 46-9-47. Fraud on Carrier as to Nature and Value of Goods - A carrier may require the nature and value of the...
§ 46-9-48. Adjustment and Payment by Common Carriers of Claims for Loss of Property or Overcharge for Freight; Effect of Failure by Common Carrier to Adjust and Pay Claim - Every claim for loss of or damage to property, or...
§ 46-9-49. Duty of Railroad or Transportation Company to Furnish Facilities for Weighing Freight; Measure of Damages for Overcharges Caused by Overweights or False Billing - History. Ga. L. 1889, p. 134, § 4; Civil Code...
§ 46-9-50. Weighing of Railroad Cars by Certified Public Weighers; Manner of Weighing Cars - History. Ga. L. 1882-83, p. 127, §§ 1-4; Civil Code...
§ 46-9-51. Written Application for Railroad Cars as Prerequisite for Consignors’ and Shippers’ Taking Advantage of Penalties or Forfeitures for Failure of Company to Supply Cars - Whenever a shipper or consignor requires a railroad company to...
§ 46-9-52. Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally - History. Ga. L. 1889, p. 134, § 3; Civil Code...
§ 46-9-53. Discrimination by Railroad Companies in Applying Freight-Storage Charges - In applying freight-storage charges fixed by the commission, no railroad...
§ 46-9-54. Making and Retaining Freight-Storage Charges in Accordance With Rates Fixed by Commission - No railroad company shall make or retain, either directly or...
§ 46-9-55. Remedy for Persons Charged Excessive Freight-Storage Rates or Subjected to Discrimination in Application of Freight-Storage Rates - If any railroad company violates Code Section 46-9-53 or Code...
§ 46-9-56. False Billing, False Weighing, or False Report of Weight by Common Carriers - Any common carrier of freight within the limits of this...
§ 46-9-57. False Billing or False Weighing by a Person Who Delivers Property for Transportation to a Common Carrier or for Whom, as Consignor or Consignee, Such Carrier Transports Property - Any person, including any officer or agent of any corporation,...
Part 3 - Furnishing of Refrigerator Cars by Railroad Companies
§ 46-9-90. Duty of Railroad Companies to Furnish Refrigerator Cars; Filing of Application for Cars by Shipper - It shall be the duty of the railroad companies of...
§ 46-9-91. Liability of Company for Failure to Furnish Cars; Written Claim for Damages by Shipper; Time of Payment by Company; Liquidated Damages - History. Ga. L. 1907, p. 84, § 2; Civil Code...
§ 46-9-92. Liability of Shipper for Failing or Refusing to Accept Cars; Liability of Shipper for Failure or Refusal to Pay Damages Upon Written Demand Therefor - In the event the shipper fails or refuses to accept...
Part 4 - Freight Receipts, Freight Bills, and Freight Lists
§ 46-9-110. Issuance of Receipts by Common Carriers to Persons Delivering Goods for Transportation; Contents of Receipts - History. Ga. L. 1865-66, p. 236, § 1; Code 1868,...
§ 46-9-111. Issuance by Railroad Companies of Duplicate Freight Receipts to Shippers; Contents of Receipts; Delivery of Freight to Consignee on Presentation of Railroad Receipt - All railroad companies in this state shall, on demand, issue...
§ 46-9-112. Contents of Freight Bills and Freight Lists - All freight bills or freight lists charged against or to...
Article 4 - Transportation of Passengers
Part 1 - Transportation by Carriers Generally
§ 46-9-130. Duty of Common Carrier to Receive Passengers Generally - A common carrier holding himself out to the public as...
§ 46-9-131. Extent of Right of Carriers to Refuse Admittance to Persons and to Eject Passengers - Carriers of passengers may refuse to admit to, or may...
§ 46-9-132. Duty of Carriers of Passengers to Exercise Extraordinary Diligence - A carrier of passengers must exercise extraordinary diligence to protect...
§ 46-9-133. Duty of Common Carriers of Passengers to Furnish Comfortable Seats and to Light and Ventilate Cars - History. Ga. L. 1863-64, p. 132, § 1; Code 1868,...
§ 46-9-134. Duty of Conductors or Other Railroad Employees to Assign Passengers to Cars and Compartments; Investing of Conductors and Railroad Employees With Police Powers - All conductors or other railroad employees in charge of passenger...
§ 46-9-135. Duty of Passengers to Remain in Assigned Car, Compartment, or Seat; Ejectment of Passenger by Conductor and Railroad Employees - History. Ga. L. 1890-91, p. 157, § 3; Civil Code...
§ 46-9-136. Carriage of Baggage - History. Orig. Code 1863, §§ 2044, 2051; Code 1868, §§...
§ 46-9-137. Granting of Passes by Common Carriers to Former Employees and Their Immediate Family - Common carriers may grant passes upon their transportation lines to...
§ 46-9-138. Granting of Annual Passes by Common Carriers to Sheriffs and Their Deputies - Common carriers operating in this state may issue annual passes...
§ 46-9-139. Selling or Dealing in Passenger Tickets by Person Other Than Authorized Agent of Common Carrier Issuing Such Tickets - History. Ga. L. 1904, p. 102, §§ 1, 3; Civil...
§ 46-9-140. Duty of Common Carriers to Redeem Unused Tickets and Unused Portions of Tickets - History. Ga. L. 1904, p. 102, §§ 2, 3; Civil...
Part 2 - Transportation by Railroad Companies
§ 46-9-150. Duty of Railroad Companies to Furnish Passengers With Drinking Water and Lights - History. Ga. L. 1863-64, p. 132, §§ 1, 2; Code...
§ 46-9-151. Duty of Railroad Companies to Telegraph and Post Bulletins of Delayed Trains - Whenever any passenger train on any railroad in this state...
§ 46-9-152. Duty of Railroad Companies to Provide Conductors and Other Employees With Baggage Checks; Duty of Conductors to Check Trunks and Baggage - History. Laws 1847, Cobb’s 1851 Digest, p. 398; Ga. L....
Part 3 - Issuance or Sale of Tickets for Passage on Vessels
§ 46-9-170. Failure of Person Issuing or Selling Passenger Tickets on Board Vessel to Include Country of Registry on Advertisement, Circular, or Other Printed Paper in Regard to Passage - No person issuing, selling, or offering to sell any passenger...
§ 46-9-171. Contents of Tickets, Certificates, Orders, or Receipts Issued as Evidence of a Right of Passage on the High Seas; Required Signatures on Such Tickets, Certificates, Orders, or Receipts - History. Ga. L. 1966, p. 26, § 2.
§ 46-9-172. Penalty - Any person, partnership, association, firm, agency, or corporation violating any...
Article 5 - Carriers’ Liens
§ 46-9-190. Lien of Carrier for Fare and Baggage Charges - History. Orig. Code 1863, § 2050; Code 1868, § 2053;...
§ 46-9-191. Lien of Carrier for Freight Charges - When a carrier has complied with his contract as to...
§ 46-9-192. Priority of Carriers’ Liens - A carrier’s liens for charges on the baggage of its...
Article 6 - Connecting Carriers Generally
§ 46-9-210. Duty of Railroad Companies to Put on Sale and to Sell Tickets of Connecting Roads and to Check Baggage Over Such Roads - No railroad company having an office or agency within this...
§ 46-9-211. Duty of Railroad Companies to Place Their Tickets for Sale With Connecting Roads; Duty to Accept Such Tickets and to Receive and Transport Baggage Checked Upon Such Tickets; Security for Tickets - History. Ga. L. 1890-91, p. 155, § 2; Civil Code...
§ 46-9-212. Switching Off and Delivering to Connecting Roads All Cars Consigned to Points Over or Beyond the Connecting Roads - History. Ga. L. 1874, p. 94, § 1; Code 1882,...
§ 46-9-213. Discrimination by Railroad Companies in Freight-Transportation Rates Charged to Connecting Lines and Routes - No railroad company shall discriminate in its rates or tariffs...
§ 46-9-214. Applicability of Code Sections 46-9-212 and 46-9-213 to Interstate Shipments and Consignments - Code Sections 46-9-212 and 46-9-213 shall not apply to shipments...
§ 46-9-215. Duty of Railroad Companies to Receive Freight Cars From Connecting Roads; Measure of Damages for Failure or Refusal to Receive Cars - All railroad companies in this state, at the terminus or...
§ 46-9-216. Civil Penalty - For every violation of any of the provisions of Code...
Article 7 - Express Companies
§ 46-9-230. Manner of Incorporation of Express Companies - If a group of at least five persons (1) files...
§ 46-9-231. Organization of Express Companies - The petitioners shall be the first directors of the company....
§ 46-9-232. Location of Principal Office - All companies incorporated under this article shall have their principal...
§ 46-9-233. Powers of Express Companies Generally - Any company incorporated under this article may: History. Ga. L....
§ 46-9-234. Venue; Binding Effect of Judgment - The superior court of the county where goods are received...
§ 46-9-235. Service of Process; Effect of Judgment - In all cases where its chief officer does not reside...
§ 46-9-236. Posting of Name of President or Chief Officer of Express Company - When the president or other chief officer of any express...
Article 8 - Miscellaneous Offenses
§ 46-9-250. Demand or Receipt by Railroad Companies of More Than a Fair and Reasonable Rate for Transportation of Passengers or Freight or for Transportation of Railroad Cars - If any railroad company organized or doing business under the...
§ 46-9-251. Unjust Discrimination by Railroad Companies as to Rates or Charges for Transportation of Passengers or Freight and for Use and Transportation of Railroad Cars - If any railroad company organized or doing business under the...
§ 46-9-252. Overcharging by Officers, Agents, or Other Employees of Common Carriers - Any officer, agent, or other employee of a common carrier...
§ 46-9-253. Transportation of Gunpowder, Dynamite, or Other Explosives - Any person who causes more than five pounds of gunpowder,...
Article 9 - Georgia Rail Passenger Authority Law
§ 46-9-270. Short Title - This article shall be known and may be cited as...
§ 46-9-271. Legislative Purpose - There is created the Georgia Rail Passenger Authority for the...
§ 46-9-272. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-9-273. Powers of Authority Generally - The authority shall have all of the powers necessary, proper,...
§ 46-9-274. Membership of Authority; Filling of Vacancies; Disclosure of Pecuniary Interests; Election of Officers; Expense Allowance and Travel Costs - History. Code 1981, § 46-9-274 , enacted by Ga. L....
§ 46-9-275. Issuance of Revenue Bonds, Notes, or Other Obligations; Refunding Bonds - Revenue bonds, notes, or other obligations issued by an authority...
§ 46-9-276. Authority to Execute Agreements or Instruments; Use of Proceeds From Sale of Bonds and Other Obligations; Issuance of Subsequent Obligations; Bond Anticipation Notes; Validation and Form of Bonds - History. Code 1981, § 46-9-276 , enacted by Ga. L....
§ 46-9-277. Public Purpose of Article - The implementation of rail passenger service and public transportation projects...
§ 46-9-278. Liberal Construction to Effect Stated Purpose - The provisions of this article shall be liberally construed to...
§ 46-9-279. Status of Bonds and Other Obligations as Constituting Debt or Obligation of State, County, or Other Political Subdivisions - No bonds, notes, or other obligations of and no indebtedness...
§ 46-9-280. Exemption of Authority From Taxes or Assessments - The authority is created for nonprofit and public purposes; and...
§ 46-9-281. Effect of Article on Other Authorities - This article shall not affect any other authority now or...
Article 9A - Railway Passenger Service Corridor System
§ 46-9-290. Designated Georgia Rail Passenger Corridors - History. Code 1981, § 46-9-290 , enacted by Ga. L....
§ 46-9-291. Planning and Development - History. Code 1981, § 46-9-291 , enacted by Ga. L....
Article 10 - Rapid Rail Transit Compact
§ 46-9-300. Authority of Governor to Execute Compact for a Designated State; Legislative Approval of Compact; Text of Compact - The Governor, on behalf of this state, is authorized to...
Article 11 - Southwest Georgia Railroad Excursion Authority
§ 46-9-320. Short Title - This article shall be known and may be cited as...
§ 46-9-321. Creation; Administrative Assignment - History. Code 1981, § 46-9-321 , enacted by Ga. L....
§ 46-9-322. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-9-323. Powers - The authority shall have all of the powers necessary, proper,...
§ 46-9-324. Membership; Civil Office; Chairperson; Conflicts of Interest; Compensation - History. Code 1981, § 46-9-324 , enacted by Ga. L....
§ 46-9-325. Members Accountable as Trustees; Records - The members of the authority shall be accountable in all...
§ 46-9-326. Revenue Bonds, Notes, and Other Obligations - Revenue bonds, notes, or other obligations issued by the authority...
§ 46-9-327. Provisions of Obligations; Use of Proceeds; Form of Bonds - History. Code 1981, § 46-9-327 , enacted by Ga. L....
§ 46-9-328. Implementation of Rail Passenger Excursion Projects - The implementation of rail passenger excursion projects within the service...
§ 46-9-329. Liberal Construction of Provisions - The provisions of this article shall be liberally construed to...
§ 46-9-330. Indebtedness Not Obligation of State or Political Subdivision - No bonds, notes, or other obligations of and no indebtedness...
§ 46-9-331. Purpose of Authority’s Creation; Tax Exemption - The authority is created for nonprofit and public purposes; and...
§ 46-9-332. Authorization for Rail Passenger Excursion Projects Not Limited - The authorization for rail passenger excursion projects provided by this...