40-1-106. Fitness of applicant; protest of application by certificate holder.

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. (1)

   The applicant’s financial ability to perform the service it seeks to provide;#

2. (2)

   The applicant’s capability and willingness to perform properly and safely the proposed service; and#

3. (3)

   The applicant’s willingness to comply with the laws of Georgia and the rules and regulations of the department.#

The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant.#

Upon an applicant making out a prima-facie case as to the motor carrier’s ability to provide the service, the burden shifts to a protestant to show that the authority sought should not be granted.#

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. (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. (2)

   Has pending before the department an application previously filed with the department for substantially the same authority; or#

3. (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.#

The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed.#