Safe Operations of Motor Carriers, Commercial Motor Vehicles, and Drivers; Safe Transportation of Hazardous Materials; Penalties

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Identification and Regulation
  5. General Provisions
  6. Safe Operations of Motor Carriers, Commercial Motor Vehicles, and Drivers; Safe Transportation of Hazardous Materials; Penalties

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  1. As used in this Code section, the term:
    1. "Commissioner" means the commissioner of public safety.
    2. "Department" means the Department of Public Safety.
    3. "Present regulations" means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2020.
  2. The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following:
    1. Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, equipment, and all other parts or accessories shall meet such safety requirements designated by present regulations under Parts 393 and 396;
    2. Every driver employed to operate a motor vehicle for a motor carrier shall:
      1. Be at least 18 years of age to operate a motor vehicle for a motor carrier intrastate and at least 21 years of age to operate a motor vehicle for a motor carrier interstate;
      2. Meet the qualification requirements the commissioner shall from time to time promulgate;
      3. Be of temperate habits and good moral character;
      4. Possess a valid driver's license;
      5. Not use or possess prohibited drugs or alcohol while on duty; and
      6. Be fully competent and sufficiently rested to operate the motor vehicle under his or her charge;
    3. Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require;
    4. The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; and
    5. The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the "Georgia Forest Products Trucking Rules."
    1. Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published.
    2. Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section.
    1. The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005.
    2. A cause of action for the collection of a penalty imposed pursuant to this subsection may be brought in the superior court of the county where the principal place of business of the penalized company is located or in the superior court of the county where the action giving rise to the penalty occurred.
  5. The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare.
    1. The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35, to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency.
    2. Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections.
  7. No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term "out-of-service order" means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material.
  8. Unless otherwise provided by law, a motor carrier or operator of a commercial motor vehicle shall comply with present regulations as follows:
    1. Motor carrier safety standards found in 49 C.F.R. Part 391;
    2. Motor carrier safety standards found in 49 C.F.R. Part 392, including but not limited to the seatbelt usage requirements in 49 C.F.R. Section 392.16; and
    3. Hours of service and record of duty status requirements of 49 C.F.R. Part 395.
  9. A person failing to comply with the requirements of paragraph (2) of subsection (h) of this Code section shall be guilty of the misdemeanor offense of failure to wear a seat safety belt while operating a commercial motor vehicle and, upon conviction thereof, shall be fined not more than $50.00 but shall not be subject to imprisonment. The costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No points shall be added pursuant to Code Section 40-5-57 and no additional fines or penalties shall be imposed.
  10. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title.

(Code 1981, §40-1-8, enacted by Ga. L. 2011, p. 479, § 9/HB 112; Ga. L. 2013, p. 838, § 1/HB 323; Ga. L. 2014, p. 807, § 2/HB 753; Ga. L. 2015, p. 60, § 4-2/SB 100; Ga. L. 2016, p. 374, § 1/HB 747; Ga. L. 2017, p. 141, § 1/HB 58; Ga. L. 2018, p. 206, § 1/HB 714; Ga. L. 2019, p. 865, § 1/HB 225; Ga. L. 2020, p. 19, § 2/HB 861.)

The 2016 amendment, effective July 1, 2016, substituted "2016" for "2015" in paragraph (a)(3).

The 2017 amendment, effective July 1, 2017, substituted "2017" for "2016" in paragraph (a)(3).

The 2018 amendment, effective July 1, 2018, substituted "2018" for "2017" in paragraph (a)(3).

The 2019 amendment, effective July 1, 2019, substituted "2019" for "2018" in paragraph (a)(3).

The 2020 amendment, effective June 29, 2020, substituted "January 1, 2020" for "January 1, 2019" in paragraph (a)(3).

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".

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Ga. L. 2020, p. 19, HB 861, contains two sections numbered as "2". The language in the second Section 2 of the Act provided an effective date for the Act.

Administrative Rules and Regulations.

- Rules of General Applicability, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-1.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- Offenses arising from a violation of O.C.G.A. § 40-1-8 do not, at this time, appear to be offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.


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