There Is a Newer Version of this Section
  1. 2023 Georgia Code
  2. 2022 Georgia Code
  3. 2021 Georgia Code
  4. 2019 Georgia Code (here)
  5. View All Versions
View Our Newest Version Here

2019 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 1 - Identification and Regulation
Article 3 - Motor Carriers
Part 2 - Certification of Motor Carriers
§ 40-1-106. Fitness of applicant; protest of application by certificate holder

Universal Citation:
GA Code § 40-1-106 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous Next

  • (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 shall 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.

History:

Code 1981, § 40-1-106, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 9/HB 323.

Previous Next
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.