As used in this part, the term:
(Ga. L. 1960, p. 181, § 1; Ga. L. 1974, p. 153, § 1; Code 1981, §46-3-30; Code 1981, §46-3-32, as redesignated by Ga. L. 1992, p. 2141, § 1.)
Editor's notes.- Ga. L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-32, which concerned clearance requirements for the operation, handling, etc., of tools, machinery, etc., and the moving of houses, buildings, or other structures over, under, by, or near high-voltage lines and the safeguarding against accidental contact. The former Code section was based on Ga. L. 1960, p. 181, § 3; Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act; and Ga. L. 1984, p. 22, § 46; and Ga. L. 1992, p. 6, § 46.
JUDICIAL DECISIONS
"Person responsible".
- An employee as well as the employer may in some circumstances be a "person responsible" for notifying the line owner or operator under O.C.G.A. §§ 46-3-32 and46-3-33. Malvarez v. Georgia Power Co., 250 Ga. 568, 300 S.E.2d 145 (1983), superceded by statute as stated in Williams v. Mitchell County Elec. Mbrshp. Corp., 279 Ga. 759, 582 S.E.2d 107 (2003). But see Preston v. Georgia Power Co., 227 Ga. App. 449, 489 S.E.2d 573 (1997), cert. denied, 525 U.S. 869, 119 S. Ct. 163, 142 L. Ed. 2d 134 (1998); Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998).
The phrase "person responsible for the work to be done" is defined in paragraph (2) (now paragraph (3)) of O.C.G.A. § 46-3-32 and, when read in conjunction with O.C.G.A. § 46-3-33(a), requires the person or persons immediately responsible for the operation of machinery within eight feet of a high-voltage line to give notice. Green v. Moreland, 200 Ga. App. 167, 407 S.E.2d 119 (1991).
"Work".
- Farmer who was electrocuted by a sagging high-voltage power line was engaged in work within the meaning of O.C.G.A. § 46-3-32(6) as the individual was a farmer, using the farmer's own equipment to harvest a neighbor's field of cotton, and thus was obviously engaged in the farmer's customary trade; accordingly, the farmer was required under provisions of the Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., to give notice to the owner of high-voltage power lines before coming within 10 feet of the power lines. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).
Cited in Parsons, Brinckerhoff, Quade & Douglas, Inc. v. Johnson, 161 Ga. App. 634, 288 S.E.2d 320 (1982); Colquitt Elec. Membership Corp. v. Cvengros, 165 Ga. App. 649, 302 S.E.2d 407 (1983); Allen v. King Plow Co., 227 Ga. App. 795, 490 S.E.2d 457 (1997).
RESEARCH REFERENCES
C.J.S.
- 29 C.J.S., Electricity, § 1.