2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 1 - General Provisions
§ 46-1-1. Definitions

As used in this title, the term:

1. "Certificate" means a certificate of public convenience and necessity issued pursuant to this title.
2. "Commission" means the Public Service Commission.
3. "Company" shall include a corporation, a firm, a partnership, an association, or an individual.
4. "Electric utility" means any retail supplier of electricity whose rates are fixed by the commission.
5. "Gas company" means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas.
6. "Person" means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
7. "Railroad corporation" or "railroad company" means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section.
8. "Rate," when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.
9. "Utility" means any person who is subject in any way to the lawful jurisdiction of the commission.

(Orig. Code 1863, §§ 2038, 2039; Code 1868, §§ 2039, 2040; Code 1873, §§ 2065, 2066; Ga. L. 1878-79, p. 125, § 12; Code 1882, §§ 719l, 2065, 2066; Civil Code 1895, §§ 2199, 2263, 2264, 2267; Civil Code 1910, §§ 2642, 2711, 2712, 2715; Ga. L. 1931, Ex. Sess., p. 99, § 2; Ga. L. 1931, p. 199, §§ 2, 33; Ga. L. 1933, p. 198, § 1; Code 1933, §§ 18-101, 18-201, 68-502, 68-601, 93-101; Ga. L. 1939, p. 207, § 1; Ga. L. 1943, p. 179, § 1; Ga. L. 1960, p. 1129, § 1; Ga. L. 1962, p. 630, § 1; Ga. L. 1963, p. 30, § 1; Ga. L. 1963, p. 365, § 1; Ga. L. 1964, p. 298, § 1; Ga. L. 1970, p. 224, § 1; Ga. L. 1975, p. 1190, § 1; Ga. L. 1976, p. 197, § 1; Ga. L. 1979, p. 651, § 1; Ga. L. 1980, p. 479, § 1; Code 1933, § 93-102, enacted by Ga. L. 1981, p. 121, § 2; Ga. L. 1982, p. 3, § 46; Ga. L. 1982, p. 410, §§ 1, 2; Ga. L. 1982, p. 827, §§ 1, 2; Ga. L. 1983, p. 3, § 35; Ga. L. 1983, p. 735, § 1; Ga. L. 1984, p. 22, § 46; Ga. L. 1984, p. 1394, § 1; Ga. L. 1985, p. 1394, § 1; Ga. L. 1986, p. 1283, § 1; Ga. L. 1987, p. 1090, § 1; Ga. L. 1990, p. 709, §§ 1, 2; Ga. L. 1993, p. 579, § 1; Ga. L. 1994, p. 97, § 46; Ga. L. 1994, p. 661, § 1; Ga. L. 1994, p. 1238, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 1996, p. 950, § 2; Ga. L. 1997, p. 798, § 1; Ga. L. 2000, p. 951, §§ 9-1, 9-2, 9-3; Ga. L. 2002, p. 415, § 46; Ga. L. 2002, p. 1378, § 8; Ga. L. 2005, p. 334, § 28-1/HB 501; Ga. L. 2007, p. 607, § 1/HB 317; Ga. L. 2007, p. 679, § 1/HB 389; Ga. L. 2009, p. 669, § 1/HB 440; Ga. L. 2011, p. 479, § 18/HB 112; Ga. L. 2012, p. 580, § 14/HB 865; Ga. L. 2012, p. 775, § 46/HB 942.)

The 2002 amendments. The first 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, deleted "by the Public Service Commission" preceding "pursuant to this title" in paragraph (2) and substituted "Department of Motor Vehicle Safety" for "Public Service Commission" in paragraph (18). The second 2002 amendment, effective July 1, 2002, rewrote paragraph (7); rewrote subparagraph (9)(C); and, in paragraph (11), substituted "United States Department of Transportation" for "interstate Commerce Commission" and inserted "passenger" near the middle.

The 2005 amendment, effective July 1, 2005, substituted "commission" for "commissioner of motor vehicle safety" in paragraph (7); deleted ", provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process" at the end of division (9)(C)(ii); in division (9)(C)(x), substituted "commissioner of public safety" for "commissioner of motor vehicle safety" three times and inserted "and the Environment" following "Senate Natural Resources" in the next-to-last sentence; deleted division (9)(C)(xii), which read: "Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:

"(I) The parent corporation notifies the commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation;

"(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;

"(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and

"(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commissioner's liability insurance and motor common carrier and motor contract carrier and hazardous materials transportation rules. For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest;" substituted "state revenue commissioner" for "commissioner of motor vehicle safety" four times in division (9)(C)(xiii) and paragraphs (11) and (18), and added "state revenue" preceding "commissioner's" in division (9)(C)(xiii).

The 2007 amendments. The first 2007 amendment, effective July 1, 2007, in division (9)(C)(ii), in the second sentence, substituted "such vehicles" for "taxicabs and buses" in the middle and added a period at the end, and added the last two sentences. The second 2007 amendment, effective July 1, 2007, added the last sentence in subparagraph (9)(B) and substituted the present provisions of division (9)(C)(xiii) for the former provisions which read: "Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the state revenue commissioner, register and identify any of its vehicles, and become subject to the state revenue commissioner's liability insurance and vehicle safety rules;".

The 2009 amendment, effective May 4, 2009, added paragraphs (5.1), (6.2), and (6.3); in paragraph (6), near the beginning, inserted "'compensation' or 'for'" and inserted "payment or other", and added "or for hire, provided that no exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire" at the end; and, in paragraph (13), deleted "or" at the end of subparagraph (13)(C), substituted "; or" for a period at the end of subparagraph (13)(D), and added subparagraph (13)(E).

The 2011 amendment, effective July 1, 2011, substituted "Reserved" for the former provisions of paragraph (8), which read: "'Motor carrier of property' means a motor common or contract carrier engaged in transporting property, except household goods, in intrastate commerce in this state."; in subparagraph (9)(A), substituted "persons or household goods or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state" for "persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city", and added the last sentence; in subparagraph (9)(B), substituted "household goods" for "property", and inserted "or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13," in the first sentence; in division (9)(C)(ii), deleted "drays, trucks, buses, and other motor vehicles" following "Taxicabs" in the first sentence and deleted the period following the first sentence, deleted the second through fourth sentences, relating to the exception of regulation by the governing authorities and tow trucks engaged in consensual towing, respectively, and added "the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8" at the end of the present first sentence; substituted "Reserved" for the former provisions of division (9)(C)(v), which read: "Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties"; substituted "Reserved" for the former provisions of division (9)(C)(vi), relating to RFD carriers and star-route carriers; substituted "Reserved" for the former provisions of division (9)(C)(vii), relating to motor trucks of railway companies which perform pick-up and delivery; substituted "Reserved" for the former provisions of division (9)(C)(ix), relating to single source leasing; substituted "Reserved" for the former provisions of division (9)(C)(x), relating to motor vehicles engaged exclusively in the transportation of agricultural or dairy products; substituted "subparagraph" for "paragraph" at the end of division (9)(c)(xiii); substituted "Reserved" for the former provisions of paragraph (11), relating to the definition of "permit"; and substituted "Reserved" for the former provisions of paragraph (13), relating to the definition of "private carrier"; and substituted "commission" for "state revenue commissioner" at the end of paragraph (18).

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, rewrote this Code section. The second 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "renter's" for "rentor's" in subparagraph (5.1)(C). See Editor's notes regarding the effect of these amendments.

- Pursuant to Code Section 28-9-5, in 1986, the definitions in this Code section were arranged in alphabetical order.

Pursuant to Code Section 28-9-5, in 2000, "Senate Natural Resources Committee" was substituted for "Senate Committee on Natural Resources" in the last sentence of division (9)(C)(x).

- Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section becomes fully effective July 1, 2001, but authorizes administrative action commencing April 28, 2000, for purposes of appointing certain officials, adopting rules and regulations, employing personnel, and preparing for and phasing in full implementation; provided, however, that the Governor may by executive order extend the date for full implementation of the Act to no later than July 1, 2003. In accordance with an executive order issued June 29, 2001, by the Governor, the amendment of this Code section by Ga. L. 2000, p. 951, became fully effective July 1, 2001.

Ga. L. 2012, p. 775, § 54(e)/HB 942, not codified by the General Assembly, provides: "In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2012 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to subparagraph (5.1)(C) of this Code section by Ga. L. 2012, p. 775, 878, § 46(1)/HB 942, was not given effect.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 264 (1997).

ANALYSIS

• General Consideration
• Common Carriers
• Motor Contract Carriers
• Passengers

OPINIONS OF THE ATTORNEY GENERAL

Common carrier defined.

- A common carrier is one who undertakes for hire to carry all persons indifferently who may apply for passage so long as there is room and there is no legal excuse for refusal. 1957 Op. Att'y Gen. p. 110.

School bus is not motor common carrier. 1957 Op. Att'y Gen. p. 110.

- Trucks used by a railroad operating a pickup and delivery service for which no separate charge is made are to be classified as "common or contract carriers." 1960-61 Op. Att'y Gen. p. 292.

- A carrier which transports only its own goods and does not contract or hire itself out to transport goods owned by others is not under the jurisdiction of the commission. 1970 Op. Att'y Gen. No. U70-112.

- Independent contractor transporting materials by motor vehicle on public highways and performing ancillary services such as spreading or placing materials at delivery site are subject to regulation by the commission. 1962 Op. Att'y Gen. p. 438.

- Any motor vehicle which carries the products listed is exempt from the operation of the chapter only if such vehicle hauls or transports exclusively those commodities or others also exempt by law; however, as soon as a motor vehicle begins to carry nonexempt products, either in the same load with exempt products or alternately with exempt products, or indeed at all, then it becomes a motor carrier subject to the chapter, and thus to the jurisdiction of the commission. 1960-61 Op. Att'y Gen. p. 431.

A company constructing a rapid rail passenger service line is a utility within the meaning of O.C.G.A. § 46-1-1 and the Department of Transportation has authority to issue a revocable license to such company to cross the rights-of-way of several state routes so long as consideration is received which represents a substantial benefit to the public. 1995 Op. Att'y Gen. No. 95-45.

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 1 et seq. 14 Am. Jur. 2d, Carriers, § 714. 18 Am. Jur. 2d, Corporations, § 30. 65 Am. Jur. 2d, Railroads, § 6.

20C Am. Jur. Pleading and Practice Forms, Public Utilities, § 3.

- 13 C.J.S., Carriers, §§ 2, 495, 499, 502.

- Carriers: attempt to have child transported without paying fare, 1 A.L.R. 1451.

Status of passenger in ordinary coach who enters Pullman coach for temporary purpose, 18 A.L.R. 71.

Persons or corporations engaged in local transportation of goods as common carriers, 18 A.L.R. 1316.

Federal control of public utilities, 19 A.L.R. 678; 52 A.L.R. 296.

Validity of statute or ordinance in relation to moving vans and moving operations, 20 A.L.R. 210.

Duty and liability to passenger temporarily leaving train, 35 A.L.R. 757; 61 A.L.R. 403.

Powers of federal and state governments respectively as regards railroad stations, 37 A.L.R. 1372.

Company engaged exclusively or mainly in furnishing switching service as carrier engaged in interstate commerce, 38 A.L.R. 1147.

Regulating issuance of securities by public utilities through Public Service Commissions, 41 A.L.R. 889.

Liability of carrier for injury to passenger by car door, 41 A.L.R. 1089.

Passenger's waiver of right to seat, 42 A.L.R. 156.

One operating bus or stage as common carrier, 42 A.L.R. 853.

Presumption and burden of proof as to carrier's responsibility for goods received in good condition and deliver to consignee in bad condition, 53 A.L.R. 996; 106 A.L.R. 1156.

Company furnishing switching service as a common carrier, 54 A.L.R. 620.

Logging or mining road as a common carrier, 67 A.L.R. 588.

Carrier's liability as affected by improper packing or preparation of goods for shipment, 81 A.L.R. 811.

Conductor's acceptance of ticket or pass which because of time limit or for other reason he was not obliged to accept as affecting status of, or duty toward, person tendering it, 88 A.L.R. 760.

Persons hauling commodities for co-operative purchasing or marketing associations, or their members, as common carriers, 98 A.L.R. 226.

Person or corporation transporting goods on the public highways as a common carrier, or private or contract carrier, as regards liability for loss of or damage to goods, 112 A.L.R. 89.

When relation of carrier and passenger commences as between railway or interurban company and one intending to take train or car not at a regular stopping place, 116 A.L.R. 756.

Isolated, occasional, or incidental transportation of person or property for compensation as within contemplation of statute requiring permit or otherwise regulating transportation of persons or property on highway, 123 A.L.R. 229.

Who is "common carrier" within provision of insurance policy providing for indemnity for injury or death while on conveyance operated by common carrier, 149 A.L.R. 1293.

What carriers are within statutory definition of common carriers by motor vehicle, 161 A.L.R. 417.

Car pool or "share-the-expense" arrangement as subjecting vehicle operator to regulations applicable to carriers, 51 A.L.R.2d 1193.

Air carrier as common or private carrier, and resulting duties as to passenger's safety, 73 A.L.R.2d 346.

Share-the-ride arrangement or car pool as affecting status of automobile rider as guest, 10 A.L.R.3d 1087.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

What is "conveyance," "passenger conveyance," or "public conveyance" within coverage of accident policy, 60 A.L.R.3d 858.

Who is "fare-paying passenger" within coverage provision of life or accident insurance policy, 60 A.L.R.3d 1273.

Liability for injury caused by fall of person into shaft, or by abrupt drop, sudden movement, or stopping between floors, of automatic passenger elevator, 64 A.L.R.3d 950.