---
title: O.C.G.A. § 40-1-104. Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders.
collection: code
id: 40-1-104
cite_as: O.C.G.A. § 40-1-104 (2025)
canonical_url: https://georgiacommons.org/code/40-1-104
md_url: https://georgiacommons.org/code/40-1-104.md
text_url: https://georgiacommons.org/code/40-1-104/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=82
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-1.md
previous: https://georgiacommons.org/code/40-1-103.md
next: https://georgiacommons.org/code/40-1-105.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / IDENTIFICATION AND REGULATION / MOTOR CARRIERS / CERTIFICATION OF MOTOR CARRIERS
---

# O.C.G.A. § 40-1-104. Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders.

(a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certificate or permit, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service.

(b) The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate or permit, if the commissioner finds such suspension necessary:

(1) To protect life, health, or safety;

(2) For the protection of consumers; or

(3) Based upon a finding that the carrier no longer meets the qualification or fitness requirements of Code Section 40-1-103 or 40-1-106.

Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The commissioner may exercise his or her discretion to designate a hearing officer for such appeals.

(c) The commissioner, or his or her designated employees, may issue an out-of-service order or orders to a certificate or permit holder, pursuant to the provisions of this article or the department’s rules.

## History

Code 1981, § 40-1-104, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 838, § 8/HB 323.

## Editor's Notes

Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: “This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date.”