2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 1 - Identification and Regulation
Article 3 - Motor Carriers
Part 1 - Georgia Motor Carrier Act of 2012
§ 40-1-57. Applicability of Prior Action of Public Service Commission
Rules, orders, and regulations previously adopted which relate to functions performed by the Public Service Commission which were transferred under this article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Department of Public Safety until amended, repealed, or superseded by rules or regulations adopted by the department.
(Code 1981, §40-1-57, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 2012, a misspelling of "Public" was corrected.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 68-629 and 68-523, and former O.C.G.A. § 46-7-27 are included in the annotations for this Code section.
Rule of the commission is not "law of the state" within the meaning of that term as used in the provisions of the Constitution giving exclusive jurisdiction on appeal to Supreme Court to pass on constitutionality of state law. Reliable Transf. Co. v. May, 70 Ga. App. 613, 29 S.E.2d 187 (1944) (decided under former Code 1933, § 68-629).
Commission acts in quasi-legislative manner.
- As the commission was authorized to adopt such rules and orders as the commission may deem necessary in the enforcement of the provisions of the statutory law regarding motor common carriers, the commission, therefore, acts in a quasi-legislative manner. Georgia Pub. Serv. Comm'n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951) (decided under former Code 1933, § 68-629).
Commission rules have same force and effect as statute.
- Rule passed by the commission in pursuance of the statutory law regarding motor common carriers had the force and effect of a law or statute of this state. Maner v. Dykes, 52 Ga. App. 715, 184 S.E. 438 (1936), later appeal, 55 Ga. App. 436, 190 S.E. 189 (1937) (decided under former Code 1933, § 68-629).
Commission had authority and power to adopt such rules and regulations within the scope of the legislative enactment, and as an effective means of enforcing the statutory law respecting motor common carriers, and such rules and regulations have the same force and effect as that of a statute. Georgia Pub. Serv. Comm'n v. Jones Transp., Inc., 213 Ga. 514, 100 S.E.2d 183 (1957) (decided under former Code 1933, § 68-629).
Delegation of regulatory power by General Assembly proper.
- General Assembly could clearly designate the Public Service Commission to act for the legislature in seeing that public service motor vehicles conformed to the regulatory laws applicable to those vehicles, leaving to that body the working out of the minor details regarding such regulations. Maner v. Dykes, 55 Ga. App. 436, 190 S.E. 189 (1937) (decided under former Code 1933, § 68-629).
Commission not bound by strict rules of evidence in conducting hearings.
- Commission was authorized by former Code 1933, § 68-523 to adopt rules of evidence and procedure in carrying out the Commission's duties in the administration of the law, and was not bound by strict rules of evidence in conducting the commission's hearings. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-523).
Effect of introduction of ex parte affidavits at hearing upon commission order.
- Upon a hearing by the commission on an application for a certificate of public convenience and necessity, the mere introduction before that body of ex parte affidavits does not invalidate the order of the commission. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-523).
Judicial notice required.
- Courts are required to judicially notice rules and regulations promulgated or adopted by the Commissioner of the Department of Motor Vehicle Safety under former O.C.G.A. §§ 46-7-26 and46-7-27. State v. Ponce, 279 Ga. 651, 619 S.E.2d 682 (2005) (decided under former O.C.G.A. § 46-7-27).
Cited in Bass v. Georgia Public-Service Comm'n, 192 Ga. 106, 14 S.E.2d 740 (1941); Reliance Ins. Co. v. Bridges, 168 Ga. App. 874, 311 S.E.2d 193 (1983); Kinard v. National Indem. Co., 225 Ga. App. 176, 483 S.E.2d 664 (1997).
OPINIONS OF THE ATTORNEY GENERAL
Fingerprinting not required.
- Misdemeanor offenses arising under O.C.G.A. § 40-1-57 are offenses for which those charged are not to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.
RESEARCH REFERENCES
Am. Jur. 2d.
- 13 Am. Jur. 2d, Carriers, §§ 21 et seq., 27 et seq., 130, 140 et seq.
ALR.
- State regulation of carriers by motor vehicle as affected by interstate commerce clause, 47 A.L.R. 230; 49 A.L.R. 1203; 62 A.L.R. 52; 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.
