2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 1 - Identification and Regulation
Article 3 - Motor Carriers
Part 2 - Certification of Motor Carriers
§ 40-1-112. Insurance of Motor Carriers

1. No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.
2. The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants.
3. It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract.

(Code 1981, §40-1-112, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

- For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).

ANALYSIS

• General Consideration
• Pleadings and Practice
• Bond or Indemnity Insurance
• Interstate Carriers

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-612, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

- It was the purpose of former Code 1933, § 68-612 to protect the public against injury which may be caused by the negligence of the motor common carrier, the carrier's servants or agents. 1948-49 Op. Att'y Gen. p. 585 (decided under former Code 1933, § 68-612).

- Former Code 1933, § 68-612 placed a discretion in the commission as to whether or not a bond or a policy of indemnity insurance shall be required of carriers coming under its jurisdiction. 1948-49 Op. Att'y Gen. p. 585 (decided under former Code 1933, § 68-612).

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 223 et seq., 286.

- Validity of municipal ordinance requiring indemnity insurance as condition of operating taxicab, 95 A.L.R. 1224.

Territorial coverage of motor carrier's public liability policy required by statute or ordinance as coextensive with area of authorized operation, 154 A.L.R. 520.

Liability of motor carrier for injuries to passengers from accident occasioned by blowout or other failure of tire, 44 A.L.R.2d 835.

Owning, leasing, or otherwise engaging in business of furnishing services for taxicabs as basis of tort liability for acts of taxi driver under respondeat superior doctrine, 8 A.L.R.3d 818.