Título 40. MOTOR VEHICLES AND TRAFFIC · Capítulo 1. IDENTIFICATION AND REGULATION · Artículo 3. MOTOR CARRIERS · Parte 2. CERTIFICATION OF MOTOR CARRIERS
40-1-106. Fitness of applicant; protest of application by certificate holder.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (a)
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:#
- (b)
The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant.#
- (c)
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.#
- (d)
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)
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)
Has pending before the department an application previously filed with the department for substantially the same authority; or#
- (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.#
- (e)
The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed.#
History
Code 1981, § 40-1-106, enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 9/HB 323; Ga. L. 2024, p. 1052, § 4(4)/SB 448, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “to a protestant” for “to protestant” in subsection (c).
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.”
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t40-ch1-5-(v28a)-2024-pdf.pdf, Volumen V28A, edición 2024, páginas 85 a 86; acción de fusión: carried; SHA-256 del archivo 991cd8c9db96.