Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the department may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the department's findings supporting its determination that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the department shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
(Code 1981, §40-1-114, enacted by Ga. L. 2012, p. 580, § 1/HB 865.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-611.1 are included in the annotations for this Code section.
Prior application for certificate of public necessity not required.- Applicant for this authority is not required to first make application for certificate of public convenience and necessity. 1973 Op. Att'y Gen. No. 73-85 (decided under former Code 1933, § 68-611.1).
Commission need not issue certificate of public necessity.- Commission need not issue certificate of public convenience and necessity to applicant for temporary authority. 1973 Op. Att'y Gen. No. 73-85 (decided under former Code 1933, § 68-611.1).
Construction with former provisions.
- Temporary emergency authority granted under former Code 1933, § 68-611.1 (see former O.C.G.A. § 46-7-13) was exception to general requirement of former Code 1933, § 68-604 (see former O.C.G.A. § 46-7-3) that no motor common carrier can operate without first obtaining a certificate. 1973 Op. Att'y Gen. No. 73-85 (decided under former Code 1933, § 68-611.1).