Ga. Comp. R. & Regs. Dept. 570 | Ga. Comp. R. & Regs. Department 570 — Rules of Department of Public Safety

Chapter 570-1 Rules of General Applicability

Ga. Comp. R. & Regs. r. 570-1-.01 Organization

(1) There are three primary divisions within the Department of Public Safety; the Uniform Division, the Motor Carrier Compliance Division, and the Capitol Police Division.

(2) The mailing address of the Department of Public Safety Headquarters is P.O. Box 1456, Atlanta, Georgia 30371-1456. It is located at 959 E. Confederate Avenue, S.E., Atlanta, Georgia 30316-2303.

(3) All legal notices and all notices and correspondence should be directed to the Department of Public Safety Headquarters.

History

Authority: O.C.G.A. Secs. 35-2-3, 35-2-30, 35-2-34, 35-2-35, 35-2-70, 35-2-100, 35-2-121
History. Original Rule entitled "Organization" adopted. F. and eff. July 20, 1965.
Amended: F. Mar. 20, 1973; eff. Apr. 9, 1973.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Amended: F. Aug. 18, 2000; eff. Sept. 7, 2000.
Amended: F. Nov. 14, 2003; eff. Dec. 4, 2003.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-1-.02 General Definitions

The following definitions shall apply generally to all rules and regulations of the Department of Public Safety.

(a) "Board" shall mean the Board of Public Safety of the State of Georgia.

(b) "Commissioner" shall mean the Commissioner of Public Safety of the State of Georgia.

History

Authority: O.C.G.A. Secs. 40-1-8(c)(1), 40-123(w)(2), 43-16-11
History. Original Rule entitled "General Definitions" adopted. F. and eff. July 20, 1965.
Amended: F. Mar. 20, 1973; eff. Apr. 9, 1973.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-1-.03 Administrative Declaratory Rulings

(1) Availability of declaratory ruling. Any person whose legal rights will be interfered with or impaired by the application of any statutory provision or any rule or order of the Department may petition the Department and request a declaratory ruling thereon. The Department will not render advisory opinions, resolve questions which have become moot or are abstract or hypothetical, or otherwise act hereunder except with respect to such actual controversies or other cases upon which a superior court would be required to act under the Georgia declaratory judgment statutes as construed by the appellate courts of Georgia.

(2)

Form of Petition. Each such petition shall be filed with the Department in writing and shall state:

(a) The name and post office address of the petitioner;

(b) The full text of the statute, rule, or order upon which a ruling is requested;

(c) A paragraphed statement of all pertinent and existing facts necessary to a determination of the applicability of the quoted statute or rule;

(d) The petitioner's contention, if any, as to the aforesaid applicability with citations of legal authorities, if any, which authorize, support or require a decision in accordance therewith;

(e) A statement setting forth in detail the petitioner's interest in the matter and why and how the petitioner is uncertain or insecure with respect to his rights. The petition shall be verified under oath by, or in proper behalf of, the petitioner.

(3) Proceedings on petition. If the Department shall determine that a decision can be rendered on the face of the petition without further proceedings, the Department shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in an informal hearing.

(4)

Informal request for interpretation and rulings. The provisions of this Rule shall not be construed to preclude:

(a) Any person from requesting the Department to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Department, by letter or by telegram to the Department or any officer or member thereof; or

(b) The Department from acting upon any such request as and when it deems appropriate or from issuing any interpretive ruling without petition therefor.

(5) Any request presented in any manner other than in accordance with the provisions of 570-1-.03(2) and 570-1-.01(2)(3) above shall not be deemed to be filed as a Petition for Declaratory Ruling but shall be deemed an informal request for interpretation or ruling and shall be acted on as such.

History

Authority: Ga. L. 1964, pp. 338, 347, as amended, Ga. L. 1965, pp. 383, 388 (Ga. Code Ann. Sec. 3A-112); Ga. L. 1937, pp. 322, 325 (Ga. Code Ann., Sec. 92A-105); Ga. L. 1972, pp. 1015, 1028-1029, 1058-1061
History. Original Rule was filed and effective on July 20, 1965.
Amended: Filed March 20, 1973; effective April 9, 1973.

Ga. Comp. R. & Regs. r. 570-1-.04 Petition for Adoption of Rules

(1)

Form of petition. Each petition for adoption of rules made pursuant to the Georgia Administrative Procedure Act shall be filed with the Department in writing and shall state:

(a) The name and post office address of the petitioner;

(b) The full text of the rule requested to be amended or repealed, or the full text of the rule desired to be promulgated;

(c) A paragraphed statement of the reason such rule should be amended, repealed or promulgated, including a statement of all pertinent existing facts as to petitioner's interest in the matter;

(d) Citations of legal authorities, if any, which authorize, support, or require the action requested by petitioner. The petition should be verified under oath, or in proper behalf of, the petitioner.

(2) Proceeding on petition. Upon receipt of the petition, the Commissioner, the Deputy Commissioner, the chief executive of any division or divisions of the Department which might be affected by action taken pursuant to the petitioner's request, and the Board if the rule involves its policy-making function, shall decide upon the action to be taken. Within sixty (60) days, after receipt of the petition, the Department shall inform the petitioner by mail of the decision reached, and shall either decline to take the action requested, stating its reasons for so declining, or shall initiate rulemaking or rule-changing proceedings in accordance with the Georgia Administrative Act.

History

Authority: Ga. L. 1964, pp. 338, 346 (Ga. Code Ann, Sec. 3A-109); Ga. L. 1937, pp. 322, 325 (Ga. Code Ann., Sec. 92A-105); Ga. L. 1972, pp. 1015, 1028-1029, 1058-1061
History. Original Rule was filed and effective on July 20, 1965.
Amended: Filed March 20, 1973; effective April 9, 1973.

Ga. Comp. R. & Regs. r. 570-1-.05 Contested Cases Under the Administrative Procedure Act

The hearing and appeal procedures provided for in the Georgia Administrative Procedure Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedure Act. Contested cases heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided herein and the following procedures:

(a)

Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Department may do so by filing with the Department a request for hearing which shall contain the following:

1. A title which indicates the nature of the proceedings;

2. The complete name and address of the party filing the request;

3. The name and address of all other interested parties;

4. A clear and concise statement of the facts upon which the contested case arises;

5. The legal authority under which the appeal is filed, including all code sections;

6. A prayer setting forth the relief sought;

7. If the party filing the request is represented by counsel, the name and address of counsel.

(b) All requests for a hearing must be signed by the party requesting the hearing or by party's counsel, if represented by counsel.

(c) Limitation on right to a hearing. The Department will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, in its discretion, allow extensions of time and amendments of requests for good cause shown.

(d) Upon receipt of a timely, properly filed request for a hearing, the Department will forward the request and all pertinent documents to the Georgia Office of State Administrative Hearings in accordance with that agency's rules.

(e) Hearings. All hearings will be held in accordance with all applicable statutes and with the rules of the State Office of Administrative Hearings and the Board of Public Safety.

(f)

Final decisions. Pursuant to O.C.G.A. §

50-13-41(e)(3)

, the final decisions of the Office of State Administrative Hearings, will become the final decision of the Department of Public Safety or its Commissioner without further action and without the expiration of any further review period in appeals in the following matters:

1. Overweight Assessment Citations (O.C.G.A. § 32-6-27 (a.1)).

(g)

Conduct of agency review.

1. Except for those cases where the decision of the Administrative Law Judge is the final agency decision under subsection (f) of this rule, there shall be available an agency review of the decision of the Administrative Law Judge.

2. Agency review shall be conducted by the Commissioner in all cases which do not require an exercise of the policy-making functions of the Department. All cases which do require an exercise of the policy-making functions of the Department shall be reviewed by the Board.

3. The Commissioner may, if he determines that conduct of agency review in any case in which he is the designated reviewing agency may involve exercise of a policy-making function, refer such case to the Board for agency review.

The agency may dispose of the case in any of the following ways:

(i) Affirm the initial decision of the hearing officer and adopt his findings and/or conclusions as is deemed appropriate;

(ii) Adopt a new decision based on the record;

(iii) Remand the case to the hearing officer for such further proceedings as the agency may order;

(iv) Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.

(h)

Practice on agency review in cases not covered by subsection (f) of this rule. The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:

1. Requests for agency review shall be submitted in writing to the Department of Public Safety within thirty days from the date of the initial decision. No hearing shall be held if requested thereafter except where events uncontrollable by the aggrieved party are shown to have prevented a timely request. In this regard, the decision of the agency shall be final.

2. A party desiring agency review may submit to the agency written arguments, briefs and motions within the same limitation as prescribed for a request for agency review. On agency review, the appealing party shall not present arguments, briefs, or motions to the agency except in writing as herein prescribed.

3. The agency decision on agency review shall be based solely on the record developed before the hearing officer and such arguments, briefs and motions as have been submitted in accordance with (c) above. No evidence will be received by the agency in any form.

4. If the party requesting agency review desires that the agency consider matters which are not part of the record, the agency should be requested to remand the matter to the hearing officer for receipt of such additional evidence. Remands for the purpose of receiving additional evidence will be granted only if deemed by the agency to be justified upon a showing that the evidence was not available at the time of the hearing, through no fault of the party requesting the remand, and could not have been made available by the exercise of reasonable diligence.

(i) Rehearings. Motions to reconsider an agency decision or ruling must be received at Department of Public Safety Headquarters within ten (10) days after the decision or ruling is rendered.

(j) Any appeals to the superior court from a final agency decision under the Administrative Procedure Act shall be served on the Department by personal service to the Legal Services Section of the Department of Public Safety at 959 E. Confederate Avenue, SE, Atlanta, Georgia 30316, or by mail to the Department of Public Safety, Legal Services Section, P.O. Box 1456, Atlanta, Georgia 30371-2303. Service on any other person, agency, or entity shall not be considered service on or notice to the Department of the action for the purpose of appeals of contested cases under the Administrative Procedure Act. The party or counsel shall also furnish a copy of the appeal by mail to the Office of State Administrative Hearings and to the Department of Law, Public Safety Section, 40 Capitol Square, SW, Atlanta, Georgia 30334-1300.

(k) In hearings conducted pursuant to O.C.G.A. § 40-5-67.1(g) , the arresting law enforcement officer may act on behalf of the Department as the complainant.

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-67.1, 43-16et seq., 50-13, 50-13-41
History. Original Rule entitled "Hearings in Contested Cases" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Contested Cases Under the Administrative Procedure Act" adopted. F. Mar. 20, 1973; eff. Apr. 9, 1973.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. June 5, 1987; eff. June 25, 1987.
Repealed: New Rule of same title adopted. F. July 14, 1995; eff. August 3, 1995.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Amended: F. Nov. 18, 1998; eff. Dec. 8, 1998.
Amended: F. July 1, 1999; eff. July 21, 1999.
Amended: F. Aug. 8, 2001; eff. Aug. 28, 2001.
Amended: F. Sept. 18, 2003; eff. Oct. 8, 2003.
Amended: F. Apr. 21, 2006; eff. May 11, 2006.
Amended: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-1-.06 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 43-16et seq., 50-13-41
History. Original Rule entitled "Contested Cases Governed by Express Statutory Provision" adopted. F. Mar. 20, 1973; eff. Apr. 9, 1973.
Repealed: New Rule entitled "Review of Actions Which Are Not "Contested Cases" Under the Administrative Procedure Act" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. June 12, 1989; eff. July 2, 1989.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Amended: F. Apr. 21, 2006; eff. May 11, 2006.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-1-.07 Repealed

History

Authority: O.C.G.A. Secs. 33-34-13, 40-5-4, 43-16et seq., 50-13-41
History. Original Rule entitled "Refund of Fees Received by the Department" adopted. F. June 12, 1989; eff. July 2, 1989.
Amended: F. Oct. 7, 1993; eff. Oct. 27, 1993.
Amended: F. Apr. 21, 2006; eff. May 11, 2006.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Chapter 570-2 Repealed

Ga. Comp. R. & Regs. r. 570-2-.01 Repealed

History

Authority: Ga. L. 1952. p. 290, (O.C.G.A. Sec. 92A-128); Ga. L. 1975, p. 443, (O.C.G.A. Sec. 68-1824.1); Ga. L. 1951, p. 565, 574, (O.C.G.A. Sec. 92A-612). Ga. L. 1988, pp. 243-249, (O.C.G.A. Sec. 5-18-70-72); Ga. L. 1991, pp. 1868-1869, (O.C.G.A. Sec. 35-1-9); Ga. L. 1991, pp. 309-310, (O.C.G.A. Sec. 409-30); Ga. L. 1991, p. 1870 (O.C.G.A. Sec. 40-50-2), O.C.G.A. § 50-18-72(a)(4.1)
History. Original Rule entitled "Fee for Copies of Accident Reports" was filed on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Public Availability of Accident Reports" adopted. Filed August 8, 1975; effective August 28, 1975.
Amended: Filed March 5, 1982; effective March 25, 1982.
Amended: F. Jan. 13, 1992; eff. Feb. 2, 1992.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: Filed September 11, 2002; eff. October 1, 2002.

Ga. Comp. R. & Regs. r. 570-2-.02 Repealed

History

Authority: Ga. L. 1973, p. 443; Ga. L. 1978, Act 1253, effective July 1, 1978; O.C.G.A. Secs. 40-9-30, 40-6-273
History. Original Rule entitled "Uniform Traffic Accident Reports" was filed on April 5, 1974; effective April 25, 1974.
Amended: Filed July 12, 1978; effective August 1, 1978.
Amended: F. Jan. 13, 1992; eff. Feb. 2, 1992.
Amended: F. Jan. 29, 1997; eff. Feb. 18, 1997.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Chapter 570-3 Repealed

Ga. Comp. R. & Regs. r. 570-3-.01 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Organization" adopted. F. and eff. July 20, 1965.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.02 Repealed

History

Authority: Ga. L. 1937, pp. 322, 342, as amended (Ga. Code. Ann. Sec. 92A-401, 92A-410, 92A-429) Ga. L. 1975, pp. 1008, 1016 (Ga. Code. Ann. Sec. 68B-206); O.C.G.A. Secs. 40-5-28, 40-5-101
History. Original Rule entitled "Application for Motor Vehicle Driver's License: Required Information" was filed and effective on July 20, 1965.
Amended: Filed December 11, 1975; effective December 31, 1975.
Amended: Filed April 4, 1985; effective April 24, 1985.
Amended: F. Jan. 7, 1994; eff. Jan. 27, 1994.
Amended: F. Sept. 9, 1994; eff. Sept. 29, 1994.
Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.
Amended: F. May 8, 2000; eff. May 28, 2000.
Amended: F. September 10, 2002; eff. September 30, 2002.
Repealed: F. Sept. 1, 2004; eff. Sept. 21, 2004.

Ga. Comp. R. & Regs. r. 570-3-.03 Repealed

History

Authority: Ga. L. 1937, pp. 322, 342, as amended (Ga. Code Ann. Sec. 92A-9904); Ga. L. 1975, pp. 1008, 1014 (Ga. Code Ann. Sec. 68B-204); O.C.G.A. Secs. 40-5-23, 40-15-3
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Motorcycle, Motor Scooter, Motor Bike Driver's License Examination" repealed and a new Rule entitled "Motorcycle and Motor-Driven Cycle: Examination" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: F. Feb. 12, 1990; eff. Mar. 4, 1990.
Amended: F. Nov. 9, 1990, eff. Nov. 29, 1996.
Amended: F. Nov. 13, 1997; eff. Dec. 3, 1997.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Physical Condition of the Applicant" repealed and no new Rule adopted. Filed November 10, 1974; effective November 30, 1974.
Amended: New Rule entitled "Licenses Restricted as to Use for Physical Impairment" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Licenses Restricted as to Use for Physical Impairment" repealed and a new Rule entitled "Reciprocity for Valid Licenses Issued Elsewhere" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.06 Repealed

History

Authority: Ga. L. 1975, pp. 1008, 1015 (Ga. Code Ann., Sec. 68B-205); O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Mental Condition of the Applicant" repealed and no new Rule adopted. Filed November 10, 1974; effective November 30, 1974.
Amended: New Rule entitled "Eye Examination" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: F. May 11, 1992; eff. May 31, 1992.
Amended: F. September 10, 2002; eff. September 30, 2002.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Applicants Subject to Drug Addiction and Alcoholism" repealed and no new Rule adopted. Filed November 10, 1974; effective November 30, 1974.
Amended: New Rule entitled "Knowledge Tests" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.08 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Reciprocity for Valid Licenses Issued Elsewhere" repealed and a new Rule entitled "Oral Examination for Illiterates" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.09 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. .Amended: Original Rule entitled "Relinquishment of Current License on Application for Georgia License" repealed and a new Rule entitled "Sequence for Prerequisites to Driving Demonstration" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed: F.Apr. 18, 2006; eff. . May 8, 2006

Ga. Comp. R. & Regs. r. 570-3-.10 Repealed

History

Authority: O.C.G.A. Sec. 40-5-23
History. Original Rule entitled "Written Examination for Driver's License" was filed and effective on July 30, 1965.
Amended: Rule repealed and a new Rule entitled "Driving Ability Demonstration" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Filed October 11, 1979; effective October 31, 1979.
Amended: F. Apr. 15, 1994; eff. May 5, 1994.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.11 Repealed

History

Authority: O.C.G.A. Sec. 40-5-27
History. Original Rule entitled "Written Examination Prerequisite to Driving Demonstration" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Condition of Test Vehicle" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. June 7, 1984; eff. June 27, 1984.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.12 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Oral Examination for Illiterates" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Re-Examination Upon Failure" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.13 Repealed

History

Authority: O.C.G.A. Secs. 40-5-2, 40-5-4, 40-5-83
History. Original Rule entitled "Condition of Test Vehicle" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Abstracts of Driving Record Information" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Aug. 9, 1978; eff. Aug. 29, 1978.
Amended: F. Feb. 15, 1979; eff. Mar. 7, 1979.
Repealed: New Rule of same title adopted. F. Dec. 20, 1979; eff. Jan. 9, 1980.
Amended: F. Mar. 7, 1984; eff. Mar. 27, 1984.
Amended: F. Aug. 16, 1985; eff. Sept. 5, 1985.
Amended: F. June 5, 1987; eff. June 25, 1987.
Amended: F. Jan. 15, 1992; eff. Feb. 4, 1992.
Repealed: F. Dec. 18, 2003; eff. Jan. 7, 2004.

Ga. Comp. R. & Regs. r. 570-3-.14 Repealed

History

Authority: O.C.G.A. Secs. 40-5-2, 40-5-4, 40-5-83
History. Original Rule entitled "Driver Ability Demonstration" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Bulk Users Certificate" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Sept. 8, 1987; eff. Sept. 28, 1987.
Amended: F. Oct. 7, 1993; eff. Oct. 27, 1993.
Repealed: F. Dec. 18, 2003; eff. Jan. 7, 2004.

Ga. Comp. R. & Regs. r. 570-3-.15 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Re-Examination Upon Failure" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Bulk Requestors Certificate" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Feb. 15, 1979; eff. Mar. 7, 1979.
Repealed: F. Dec. 18, 2003; eff. Jan. 7, 2004.

Ga. Comp. R. & Regs. r. 570-3-.16 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Fees for Driver Record Information" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Eligibility for Veteran's or Honorary Drivers License" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule amended and title changed to "Eligibility for Veterans, Honorary or Distinctive Drivers License." Filed August 9, 1978; effective August 29, 1978.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.17 Repealed

History

Authority: O.C.G.A. Sec. 40-5-32
History. . Original Rule entitled "When Licenses Are Renewable" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 7, 1984; eff. Nov. 27, 1984.
Amended: F. Nov. 10, 1986; eff. Nov. 30, 1986.
Amended: F. Sept. 10, 2002; eff. Sept. 30, 2002.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.18 Repealed

History

Authority: Ga. L. 1975, pp. 1008, 1020 (Ga. Code Ann., Sec. 68B-213)
History. Original Rule entitled "License Renewal Self-Examination" was filed on December 11, 1975; effective December 31, 1975.
Amended: F. September 10, 2002; eff. September 30, 2002.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.19 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Sex Change on License" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.20 Repealed

History

Authority: Ga. L. 1975, pp. 1008, 1020 (Ga. Code Ann., Sec. 68B-213)
History. Original Rule entitled "New Resident Licensing Requirements" was filed on December 11, 1975; effective December 31, 1975.
Amended: F. Apr. 15, 1994; eff. May 5, 1994.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.21 Repealed

History

Authority: O.C.G.A. Secs. 40-5-23, 40-5-32
History. . Original Rule entitled ''Purged or Expired License'' adopted. F.Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. June 7, 1984; eff. June 27, 1984.
Amended: F. Apr. 15, 1994; eff. May 5, 1994.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.22 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Inmate Drivers Certificate" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.23 Repealed

History

Authority: O.C.G.A. Secs. 40-5-67, 40-5-69
History. Original Rule entitled "Extension of 180 Day Permit" adopted. F. June 6, 1983; eff. June 26, 1983.
Amended: F. Aug. 16, 1985; eff. Sept. 5, 1985.
Repealed: New Rule entitled "Extension of 30 Day Permit and 180 Day Permit" adopted. F. July 1, 1999; eff. July 21, 1999.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.24 Repealed

History

Authority: O.C.G.A. Sec. 40-5-26
History. Original Rule entitled "Distinctive Driver's License for Persons Under Age 19" adopted. F. June 6, 1983; eff. June 26, 1983.
Repealed: New Rule entitled "Distinctive Driver's License for Persons Under Age 21" adopted. F. Aug. 16, 1985; eff. Sept. 5, 1985.
Repealed: New Rule of same title adopted. F. July 11, 1988; eff. July 31, 1988.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.25 Repealed

History

Authority: O.C.G.A. Sec. 40-5-69
History. Original Rule entitled "Disposition of DUI Citation" adopted. F. June 6, 1983; eff. June 26, 1983.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.26 Repealed

History

Authority: O.C.G.A. Sec. 40-5-71
History. Original Rule entitled "120 Day Limited Permit Application" adopted. F. June 6, 1983; eff. June 26, 1983.
Repealed: New Rule of same title adopted. F. Aug. 16, 1985; eff. Sept. 5, 1985.
Amended: F. Jan. 7, 1994; eff. Jan. 27, 1994.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.27 Repealed

History

Authority: O.C.G.A. Secs. 40-5-100, 40-5-101
History. Original Rule entitled "Application for Personal Identification Cards" adopted. F. Apr. 4, 1985; eff. Apr. 24, 1985.
Amended: F. June 5, 1987; eff. June 25, 1987.
Amended: F. Apr. 23, 1993; eff. May 13, 1993.
Amended: F. Jan. 7, 1994; eff. Jan. 27, 1994.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.28 Repealed

History

Authority: O.C.G.A. Sec. 40-5-64
History. Original Rule entitled "One Year Limited Permit Application" adopted. F. Aug. 16, 1985; eff. Sept. 5, 1985.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.29 Repealed

History

Authority: O.C.G.A. Sec. 33-34-12.1
History. Original Rule entitled "Ninety Day Limited Permit" adopted. F. July 11, 1988; eff. July 31, 1988.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.30 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-101, 40-5-140
History. Original Rule entitled "Retention of Driver Licenses That Have Been Suspended, Revoked or Canceled" adopted. F. Jul. 12, 1989;, eff. July 2, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.31 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-101
History. Original Rule entitled "Return of Driver Licenses" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.32 Repealed

History

Authority: O.C.G.A. Sections 40-5 and 19-12
History. ER 570-3-0.16-.32 entitled "Residency Requirements for Obtaining Driver's License" F. July 7, 1994; eff. July 6, 1994, the date of adoption.
Amended: ER repealed and a permanent Rule of the same title adopted. F. Sept. 9, 1994; eff. Sept. 29, 1994.
Repealed: F. Sept. 8, 1995; eff. Sept. 28, 1995.
Amended: Filed August 8, 2001; Eff. August 28, 2001.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-3-.33 Repealed

History

Authority: O.C.G.A. § 40-5-23
History. Original Rule entitled "Classes of License" adopted; Filed June 10, 2002; effective June 30, 2002.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-4 Firearms Dealers License

Ga. Comp. R. & Regs. r. 570-4-.01 Repealed

History

Authority: Ga. L. 1964, p. 342. O.C.G.A. § 43-16-1et seq
History. Original Rule entitled "Public Information" was filed and effective on July 20, 1965.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Amended: New title "Public Information. Amended." F. Dec. 19, 2012; eff. Jan. 8, 2013.
Repealed: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-4-.02 Repealed

History

Authority: Ga. L. 1963, pp. 652, 653; Ga. Code Ann., 92A-901; O.C.G.A. § 43-16-7
History. Original Rule entitled "Display of License Required" was filed and effective on July 20, 1965.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-4-.03 Repealed

History

Authority: Ga. L. 1963, pp. 652, 654; Ga. Code Ann., 92A-901; Ga. L. 1964, pp. 177, 178; O.C.G.A. § 43-16-12
History. Original Rule entitled "Surrender of License upon Revocation Required" was filed and effective on July 20, 1965.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-4-.04 Repealed

History

Authority: Ga. L. 1964, pp. 338, 347-356; Ga. Code Ann., 3A-113, 3A-114; O.C.G.A. § 43-16-11
History. Original Rule entitled "Procedure and Requirements for Hearings" was filed and effective on July 20, 1965;
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-4-.05 Repealed

History

Authority: Ga. L. 1963, pp. 652, 655; Ga. Code Ann., 92A-901; O.C.G.A. § 43-16-6
History. Original Rule entitled "Disposition of Fees Collected" was filed and effective on July 20, 1965.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Amended: New title "Disposition of Fees Collected. Amended." F. Dec. 19, 2012; eff. Jan. 8, 2013.
Repealed: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-4-.06 Repealed

History

Authority: Ga. L. 1963, pp. 652, 653; Ga. Code Ann., 92A-901; O.C.G.A. § 43-16-3
History. Original Rule entitled "Application for License: Forms: Fees" was filed and effective on July 20, 1965.
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: F. Oct. 29, 2014; eff. Nov. 18, 2014.

Ga. Comp. R. & Regs. r. 570-4-.07 Repealed

History

Authority: Ga. L. 1963, pp. 652, 653, Ga. Code Ann., 92A-901; O.C.G.A. § 43-16-4
History. Original Rule entitled "Performance Bond Required: Forms: Renewal" was filed and effective on July 20, 1965;
Amended: F. Jan. 25, 2000; eff. Feb. 14, 2000.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Chapter 570-5 Repealed

Ga. Comp. R. & Regs. r. 570-5-.01 Repealed

History

Authority: Ga. Code Section 68E-501(f); O.C.G.A, Sec. 40-8-220
History. Original Rule entitled "Organization" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule of the same title adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.01, entitled "Organization," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.01 expired on August 15, 1979).
Amended: Rule entitled "Organization" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency, in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and Rule 570-5-.01 repealed and a new Rule of the same title adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed September 11, 2002; effective October 1, 2002

Ga. Comp. R. & Regs. r. 570-5-.02 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Definitions" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule of the same title adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Role 570-5-0.5-.02, entitled "Definitions," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.02 expired on August 15, 1979.)
Amended: Rule entitled "Definitions" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and Rule 570-5-.02 repealed and a new rule of the same title adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.03 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Certification as Official Inspecting Station" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Appointment of Official Motor Vehicle Inspect/on Station" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.03, entitled "Appointment of Official Motor Vehicle Inspection Stations," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.03 expired on August 15, 1979.)
Amended: Rule entitled "Appointment of Official Motor Vehicle Inspection Stations" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 28, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.03 repealed, and a new Rule entitled "Fees" adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002

Ga. Comp. R. & Regs. r. 570-5-.04 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Designation as Official Inspection Station; Application; Registration Fee" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Continuing of Mechanic Inspector's Certification" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.04, entitled "Renewal of Certificate of Authorization; Renewal Fees; Failure to Remit Same," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.04 expired on August 15, 1979.)
Amended: Rule entitled "Renewal of Certificate of Authorization; Renewal Fees; Failure to Remit Same" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 28, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and Rule 570-5-.04 repealed and a new Rule entitled "Expiration Period of Inspection Sticker" adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.05 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Performance Bond Required; Application; Renewal" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Official Stations on Military Installations" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.05 entitled "Appointment of Mechanic Inspectors," adopted. Filed April 19, 1979; effective April 18, 1979, the data of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.05 expired on August 15, 1979.)
Amended: Rule entitled "Appointment of Mechanic Inspectors" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.05 repealed and a new Rule entitled "Purchase of Bus" adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.06 Repealed

History

Authority: O.C.G.A. Section 40-8-220
History. Original Rule entitled "Official Stations on Military Installations" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Renewal of Certificate of Authorization; Renewal Fee; Failure to Remit Same" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.06, entitled "Renewal of Mechanic Inspector Permit; Renewal Fee; Failure to Remit Same," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.06 expired on August 15, 1979.)
Amended: Rule entitled "Renewal of Mechanic Inspector Permit; Renewal Fee; Failure to Remit Same" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No, 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.06 repealed and a new Rule entitled "Inspection Sticker Location" adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.07 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Governmental Agency as Inspection Station; No Bond Required" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Display of Certificate Required" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.07, entitled "Official Stations on Military Installations," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.07 expired on August 15, 1979.)
Amended: Rule entitled "Official Stations on Military Installations" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective data of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.07 repealed and a new Rule entitled "Completion of Inspection Sticker" adopted, Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.08 Repealed

History

Authority: Ga. Code Section 68E-501(f)
History. Original Rule entitled "Renewal of Permit; Renewal Fees; Failure to Remit Same" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Display of Sign Required. Approved Wording" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 14, 1978; effective July 4, 1978.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.08, entitled "Display of Certificate and Permit Required," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.08 expired on August 15, 1979.)
Amended: Rule entitled "Display of Certificate and Permit Required" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.08 repealed and a new Rule entitled "Inspection Reports" adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.09 Repealed

History

Authority: O.C.G.A. Secs. 40-8-74, 40-8-111, 40-8-220
History. Original Rule entitled "Minimum Requirements: Space and Equipment" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Violations or Law and Rules; Penalty" adopted. F. Aug. 10, 1971; eff. Aug. 30, 1971.
Repealed: New Rule of same title adopted. F. Sept. 14, 1972; eff. Oct. 4, 1972.
Amended: ER. 570-5-0.5-.09 adopted. F. Apr. 19, 1979; eff. Apr. 18, 1979, the date of adoption.
Amended: Permanent Rule entitled "Display of Sign Required" adopted. F. Aug. 9, 1979; eff. Aug. 29, 1979.
Amended: ER. 570-5-0.9-.09 adopted. F. Mar. 5, 1982; eff. Mar. 3, 1982, the date of adoption.
Amended: Permanent Rule entitled "Minimum Requirements for Inspection" adopted. F. June 10, 1982; eff. June 30, 1982.
Amended: F. June 7, 1983; eff. June 27, 1983.
Amended: F. June 10, 1985; eff. June 30, 1985.
Amended: F. Apr. 15, 1994; eff. May 5, 1994.
Repealed: F. Sept. 11, 2002; eff. Oct. 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.10 Repealed

History

Authority: Ga. Code Section 68E-501(f); O.C.G.A. Sec. 40-8-220(f)
History. Original Rule entitled "Display of Certificate Required" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Improper Operation of Station; Report, Penalty" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.10, entitled "Change of Location or Name of Inspection Station: Going Out of Business; Cancellation; Change of Ownership," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.10 expired on August 15, 1979).
Amended: Rule entitled "Change of Location or Name of Inspection Station, Going Out of Business; Change of Ownership; Cancellation; Suspension" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.10 repealed and a new Rule entitled "Body" adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Filed June 7, 1983; effective June 27, 1983.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.11 Repealed

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Sign to be Displayed: Approved Wording" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Change of Location or Ownership of Inspection Station; Going out of Business; Cancellation" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule entitled "Change of Location or Name of Inspection Station; Going Out of Business; Cancellation; Change of Ownership" adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.11, entitled "Suspension or Revocation of Mechanic's Driver's License Suspends Authorization," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.11 expired on August 15, 1979).
Amended: Rule entitled "Suspension or Revocation of Mechanic's Driver's License Suspends Authorization" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5.11 repealed and a new Rule entitled "Violation of Law and/or Rules; Penalty" adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed September 11, 2002; effective October 1, 2002.

Ga. Comp. R. & Regs. r. 570-5-.12 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Violations of Law or Rules; Penalty" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Suspension or Revocation of Mechanic's Driver's License Suspends Authorization" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.12, entitled "Procedure for Stations Not Qualified to Inspect Certain Motor Vehicles," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.12 expired on August 15, 1979.)
Amended: Rule entitled "Procedure for Stations Not Qualified to Inspect Certain Motor Vehicles" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, an specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.12 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.13 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Improper Operation of Station; Report; Penalty" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Special Stations for Foreign Cars" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.13, entitled "Inspection Procedure Chart and Inspection Manual," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter, as specified by the Agency. (Emergency Rule 570-5-0.5-.13 expired on August 15, 1979.)
Amended: Rule entitled "Inspection Procedure Chart and Inspection Manual" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.13 repealed. Filed June 10, 1982; effective June 10, 1982.

Ga. Comp. R. & Regs. r. 570-5-.14 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Change of Location or Ownership; Going out of Business; Cancellation" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Inspection Procedure Chart and Inspection Manual" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.14, entitled "Repairs: Charges, Owner's Consent," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.14 expired on August 15, 1979.)
Amended: Rule entitled "Repairs: Charges, Owner's Consent" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.14 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.15 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Person Conducting Inspection: Experience" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Repairs: Charges, Owner's Consent" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.15, entitled "Correction/Inspection Check Slips: Rejection, Disposition," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.15 expired on August 15, 1979.)
Amended: Rule entitled "Correction/Inspection Check Slips: Rejection, Disposition" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, an specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.15 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.16 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Approval of Mechanic Inspectors: Withdrawal of Approval" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Correction Slip" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Filed June 14, 1978; effective July 4, 1978.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.16, entitled "Fees," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.16 expired on August 15, 1979.)
Amended: Rule entitled "Fees" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.16 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.17 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Qualifying New or Replacement Mechanics" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Fees" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.17, entitled "Expiration Period of Inspection Stickers," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.17 expired on August 15, 1979.)
Amended: Rule entitled "Expiration Period of Inspection Stickers" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.17 repealed; and, Rule 570-5-.17 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.18 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Mechanics' Examination; Oral Test" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Expiration Period of Inspection Stickers" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.18, entitled "Vehicles Returning to State," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, an specified by the Agency. (Emergency Rule 570-5-0.5-.18 expired on August 15, 1979.)
Amended: Rule entitled "Vehicles Returning to State" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.18 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.19 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Suspension or Revocation of Mechanic's Driver's License Suspends Authorization" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Unapproved Vehicle Returning to State" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.19, entitled "Purchase of Vehicles Not Required to be Inspected," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.19 expired on August 15, 1979.)
Amended: Rule entitled "Purchase of Vehicles Not Required to be Inspected" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in street for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.19 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.20 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Special Stations for Foreign Cars" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Purchase of Vehicle from Federal Government" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.20, entitled "Sale of Vehicles for Parts or Salvage" adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.20 expired on August 15, 1979.)
Amended: Rule entitled "Sale of Vehicles for Parts or Salvage" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.20 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.21 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Inspection Procedure Chart and Inspection Manual" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Sale of Vehicles for Parts or Salvage" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.21, entitled "Inspection Stickers: Location," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.21 expired on August 15, 1979.)
Amended: Rule entitled "Inspection Stickers: Location" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.21 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.22 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Repairs; Charges; Owner's Consent" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Used Car Auctioneers" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.22, entitled "Completion of Inspection Stickers, Loss, Theft, Transferability of Same," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.22 expired on August 15, 1979.)
Amended: Rule entitled "Completion of Inspection Stickers, Loss, Theft, Transferability of Same" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.22 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.23 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Rejected Vehicles" was filed and effective on July 20, 1965.
Amended: Filed April 24, 1967; effective May 13, 1967.
Amended: Rule repealed and a new Rule entitled "Inspection Stickers; Location" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.23, entitled "Certificates of Safety Inspection Stickers," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.23 expired on August 15, 1979.)
Amended: Rule entitled "Certificates of Safety Inspection, Stickers" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.23 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.24 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Fees and Remittances" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Completion of Stickers; Loss, Theft, Transferability of Same" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.24, entitled "Defective, Unused and Void Inspection Certificates, Stickers," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.24 expired on August 15, 1979.)
Amended: Rule entitled "Defective, Unused and Void Inspection Certificates, Stickers" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.24 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.25 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Expiration Periods of Inspection Stickers" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Inspection Check Slips: Disposition" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Filed October 31, 1975; effective November 20, 1975.
Amended: Rule repeated by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.25, entitled "Credit for Defective Inspection Certificates, Stickers," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.25 expired on August 15, 1979.)
Amended: Rule entitled "Credit for Defective Inspection Certificates, Stickers" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.25 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.26 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Inspection After Designated Period" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Forms" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Filed October 31, 1975; effective November 20, 1975.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.26, entitled "Monthly Station Reports," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.26 expired on August 15, 1979.)
Amended: Rule entitled "Monthly Station Reports" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended:April 1, 1981; effective April 21, 1981.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.26 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.27 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Unapproved Vehicles Returning to State" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Defective Stickers" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.27, entitled "Minimum Requirements for Inspection," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.27 expired on August 15, 1979.)
Amended: Rule entitled "Minimum Requirements for Inspection" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.27 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.28 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Purchase of Vehicle from Federal Government" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Credit for Defective Stickers" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.28, entitled "All Trailers and Semi-Trailers," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in street for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.28 expired on August 15, 1979.)
Amended: Rule entitled "All Trailers and Semi-Trailers" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.28 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.29 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Dealers Selling Vehicles for Parts or Salvage" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Monthly Station Reports" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.29, entitled "Motorcycles and Motor-Driven Cycles," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5.29 expired on August 15, 1979.)
Amended: Rule entitled "Motorcycles and Motor-Driven Cycles" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.29 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.30 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Sales Between Dealers" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Accepting Favors, Soliciting Advertising Forbidden" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.30, entitled "New Motor Vehicles," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.30 expired on August 15, 1979.)
Amended: Rule entitled "New Motor Vehicles" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in street for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.30 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.31 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Used Car Auctioneers" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Minimum Requirements for Inspection" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Filed October 31, 1975; effective November 20, 1975.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.31, entitled "Public School Bus Inspections," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.31 expired on August 15, 1979.)
Amended: Rule entitled "Public School Bus Inspections" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.31 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.32 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Approval Stickers: Location" was filed and effective on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Rule repealed and a new Rule entitled "Trailers and Semi-Trailers" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule entitled "All Trailers and Semi-Trailers" adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 5705-0.5-.32, entitled "Violations of Law or Rules: Penalty" adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 126 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, an specified by the Agency. (Emergency Rule 570-5-0.5-.32 expired on August 15, 1979.)
Amended: Rule entitled "Violations of Law or Rules: Penalty" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982, House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.32 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.33 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Completion of Stickers; Loss, Theft, Transferability of Same" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Motorcycles, and Motor-Driven Cycles, Such as Scooters and Motor Bikes" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule entitled "Motorcycles and Motor-Driven Cycles, Such as Motor Scooter and Motor Bikes" adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.33, entitled "Hearings," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.33 expired on August 15, 1979.)
Amended: Rule entitled "Hearings" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982. House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.33 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.34 Repealed

History

Authority: Ga. Code Section 68E-401
History. Original Rule entitled "Inspection Check Slips; Disposition" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Hearings" adopted. Filed August 10, 1971; effective August 30, 1971.
Amended: Rule repealed and a new Rule of the same title adopted. Filed September 14, 1972; effective October 4, 1972.
Amended: Filed January 14, 1976; effective February 3, 1976.
Amended: Rule repealed by Emergency Rule 570-5-0.5 and Emergency Rule 570-5-0.5-.34, entitled "Motor Vehicle Inspection Forms," adopted. Filed April 19, 1979; effective April 18, 1979, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. (Emergency Rule 570-5-0.5-.34 expired on August 15, 1979.)
Amended: Rule entitled "Motor Vehicle Inspection Forms" adopted. Filed August 9, 1979; effective August 29, 1979.
Amended: Rule repealed by Emergency Rule 570-5-0.9. Filed March 5, 1982; effective March 3, 1982, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency; in accordance with Ga. L. 1982. House Bill 1156, Act No. 845, effective February 26, 1982.
Amended: Emergency Rule 570-5-0.9 repealed; and, Rule 570-5-.34 repealed. Filed June 10, 1982; effective June 30, 1982.

Ga. Comp. R. & Regs. r. 570-5-.35 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Disposition of Rejection Slips and Copies" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.36 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Inspection Stickers and Rejection Slips; Ordering" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.37 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Defective Stickers and Rejection Slips; Return for Credit" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.38 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Defective Stickers: Replacements" was filed and effective on July 20, 1965.
Amended: Filed April 24, 1967; effective May 13, 1967.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.39 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Monthly Station Report" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.40 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Accepting Favors, Soliciting Advertising Forbidden" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.41 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Forms" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Ga. Comp. R. & Regs. r. 570-5-.42 Repealed

History

Authority: Ga. L. 1963, pp. 333, 334-337 (Ga. Code Ann. 68-1725, 68-1726, 68-1726.2)
History. Original Rule entitled "Hearings" was filed and effective on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Rule repealed. Filed August 10, 1971; effective August 30, 1971.

Chapter 570-6 Repealed

Ga. Comp. R. & Regs. r. 570-6-.01 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4,
History. Original Rule entitled "Moving Violation Convictions: When Filing Required: Penalty for Noncompliance" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Employee's Restricted Driver's License" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Organization" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 7, 1984; effective June 27, 1984.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.02 Repealed

History

Authority: Ga. L. 1951, pp. 565, 567, as amended (Ga. Code Ann. Sec. 92A-602), Ga. L. 1951, pp. 565, 571, as amended (Ga Code Ann Sec 92A-608); Ga. L. 1975 pp. 1008, 1035, (Ga. Code Ann. Sec. 68B-310), O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Employee's Restricted Driver's License" was filed and effective on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Rule repealed and a new Rule entitled "First Conviction of Certain Offenses: Penalty; Reinstatement" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "First Conviction of Certain Offenses: Reinstatement; Discretion; Prerequisites" adopted. Filed April 5, 1974, effective April 25, 1974.
Amended: Rule repealed and a new Rule entitled "Proof of Financial Responsibility for Future" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Filed April 11, 1988; effective May 1, 1988.
Amended: Retitled "Proof of Financial Responsibility for Probationary License". F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.03 Repealed

History

Authority: Ga. L. 1951, pp. 565, 576 (Ga. Code Ann. Sec. 92A-617); O.C.G.A. Sec. 40-5-59
History. Original Rule entitled "Two Moving Violations Within Twelve (12) Months: Penalty; Reinstatement" was filed and effective on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Rule repealed and a new Rule entitled "Second Conviction of Certain Offenses: Penalty; Reinstatement" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Second Conviction of Certain Offenses: Reinstatement; Discretion; Prerequisites" adopted. Filed April 5, 1974; effective April 25, 1974.
Amended: Rule repealed and a new Rule entitled "Recertification of Driving Ability under Georgia Assigned Risk Plan" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Filed June 7, 1984; effective June 27, 1984.
Repealed: Filed January 9, 2003; Effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.04 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-9-34
History. Original Rule entitled "Second Set of Two Moving Violations Within Twelve (12) Months: Penalty; Reinstatement" was filed on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Rule repealed and a new Rule entitled "Permanent Revocation on Third Revocation for Cause" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and no new Rule adopted. Filed April 5, 1974; effective April 25, 1974.
Amended: New Rule entitled "Licenses Issued by Foreign Jurisdiction; When Suspended" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed and a new Rule entitled "Vehicle Driven Without Owner's Permission" adopted. Filed September 15, 1977; effective October 5, 1977.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 7, 1984; effective June 27, 1984.
Amended: Rule entitled "Departmental Hearings" renumbered from 570-6-.05. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.05 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-9-3
History. Original Rule entitled "First Conviction of Certain Offenses; Penalty; Reinstatement" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Permanent Revocation on Fourth Revocation for Cause" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed April 5, 1974; effective April 25, 1974.
Amended: Rule entitled "Departmental Hearings: Accident Procedure" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed and a new Rule entitled "Departmental Hearings" adopted. Filed September 15, 1977; effective October 5, 1977.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 7, 1984; effective June 27, 1984.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.06 Repealed

History

Authority: Ga. L. 1977, pp. 1014, 1034; O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Second Conviction of Certain Offenses; Penalty; Reinstatement" repealed and a new Rule entitled "Proof of Financial Responsibility for Future" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Contents of Demand for Security Under Safety Responsibility Law" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed and a new Rule entitled "Contents of Demand for Security Under Safety Responsibility Act" adopted. Filed September 15, 1977; effective October 5, 1977.
Amended: Rule renumbered from 570-6-.10 and retitled "Acceptance of Clinic Certificates for Reinstatement". F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-9-32
History. Original Rule entitled "Permanent Revocation on Third Revocation for Cause" adopted. F. and eff. July 20, 1965.
Amended: New Rule entitled "Incapacitated Drivers: Cancellations" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Amended: ER. 570-6-0.2-.07 adopted. F. and eff. September 5, 1973.
Amended: ER. 570-6-0.3-.07 adopted. F. and eff. September 26, 1973.
Amended: Permanent Rule adopted. F. Nov. 29, 1973; eff. Dec. 19, 1973.
Amended: Repealed. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: New Rule entitled "Demand for Security: Time" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: New Rule entitled "Security" adopted. F. Sept. 15, 1977; eff. Oct. 5, 1977.
Amended: F. July 12, 1978; eff. August 1, 1978.
Amended: New Rule of same title adopted. F. June 7, 1984; eff. June 27, 1984.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.08 Repealed

History

Authority: Ga. L. 1969, Act 570 (Ga. Code Ann. Sec. 92A-603). O.C.G.A. Sec. 40-5-4
History. Original Rule was filed and effective on July 20, 1965.
Amended: Original Rule entitled "Permanent Revocation on Fourth Revocation for Cause" repealed and a new Rule entitled "Departmental Cancellation for Certain Offenses" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Fee for Status Reports of Accident Cases" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed. Filed December 19, 1978; effective January 8, 1979.
Amended: Rule renumbered from 570-6-.13 and retitled "Suspension, Revocation, and Cancellation Forms Based on Violations." F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.09 Repealed

History

Authority: Ga. L. 1951, Act 386, as amended (Ga. Code Ann., Sec. 92A-611)
History. Original Rule was filed and effective on July 20, 1965.
Amended: Filed July 13, 1967; effective August 1, 1967.
Amended: Original Rule entitled "Conviction of Certain Offenses" repealed and a new Rule entitled" Effect of Suspension, Revocation or Cancellation of License of Another State" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Disbursement of Security Based on Unsatisfied Judgement" adopted. Filed December 11, 1975; effective December 31, 1975.
Repealed. F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.10 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-63
History. Original Rule entitled "Four Convictions of Moving Violations; Suspension; License Re-Examination" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Suspension for Racing" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Limited Driving Permit" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: Rule repealed and a new Rule entitled "Acceptance of Driver Improvement Clinic Certificates for Reinstatement" adopted. Filed June 7, 1984; effective June 27, 1984.
Amended: Filed October 13, 1987; effective November 2, 1987.
Amended: F. Nov. 6, 1992; eff. Nov. 26, 1992.
Amended: Rule entitled "Reinstatement of Habitual Violators at Expiration of Habitual Violator Revocation" renumbered from 570-6-.15. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed January 9, 2003; January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.11 Repealed

History

Authority: O.C.G.A. Secs. 40-5-50, 40-9-38
History. Original Rule entitled "Proof of Financial Responsibility for Future" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Suspension for Driving on Revoked License" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule entitled "Time for Suspension or Revocation" adopted. Filed December 11, 1975; effective December 31, 1975.
Amended: Rule repealed. Filed June 7, 1984; effective June 27, 1984.
Amended: New Rule entitled "Voluntary Cancellation" adopted. F. Jan. 7, 1994; eff. Jan. 27, 1994.
Repealed: Filed January 9, 2003; effective January 29, 2003.

Ga. Comp. R. & Regs. r. 570-6-.12 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-56, 40-9-3
History. Original Rule entitled "Incapacitated Drivers; Cancellations" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Recertification of Driving Ability Under Georgia Assigned Risk Plan" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Amended: F. Aug. 8, 1975; eff. Aug. 28, 1975.
Repealed: New Rule entitled "Forms Issued Under Bureau of Safety Responsibility Involving Accidents" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Sept. 15, 1977; eff. Oct. 5, 1977.
Amended: F. July 12, 1978; eff. August 1, 1978.
Repealed: New Rule of same title adopted. F. June 7, 1984; eff. June 27, 1984.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: New Rule entitled "Suspension of License for Failure to Appear to Respond to a Citation to Appear Before a Court of Competent Jurisdiction" adopted. F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-6-.13 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Departmental Cancellation for Certain Offenses" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Licenses Issued by Foreign Jurisdiction: When Suspended" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Repealed: New Rule entitled "Suspension, Revocation and Cancellation Forms Based on Violations" adopted. F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Sept. 15, 1977; eff. Oct. 5, 1977.
Repealed: New Rule of same title adopted. F. June 7, 1984; eff. June 27, 1984.
Amended: F. July 11, 1988; eff. July 31, 1988.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.14 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-62
History. Original Rule entitled "Effect of Suspension, Revocation, or Cancellation of License of Another State" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Departmental Hearings: Procedure" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Repealed: New Rule of same title adopted. F. July 11, 1972; eff. July 31, 1972.
Repealed: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: ER. 570-6-0.13-.14 entitled "Forms Issued in Regard to Habitual Violator Reinstatements" adopted. F. Dec. 9, 1983; eff. Dec. 7, 1983, the date of adoption.
Amended: Permanent Rule adopted. F. Mar. 7, 1984; eff. Mar. 27, 1984.
Amended: F. July 11, 1988; eff. July 31, 1988.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.15 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-62
History. Original Rule entitled "Suspension for Racing" adopted. F. and eff. July 20, 1965.
Repealed: New Rule entitled "Matters Subject to Review on Hearings Pursuant to Ga. L. 1951, pp 565, 568, as Amended (Ga. Code Ann. Sec. 92A-605)" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Repealed: New Rule of same title adopted. F. July 11, 1972; eff. July 31, 1972.
Repealed: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: ER. 570-6-0.13-.15 entitled "Reinstatement of Habitual Violators at Expiration of Habitual Violator Revocation" adopted. F. Dec. 9, 1983; eff. Dec. 7, 1983, the date of adoption.
Amended: Permanent Rule adopted. F. Mar. 7, 1984; eff. Mar. 27, 1984.
Amended: F. July 11, 1988; eff. July 31, 1988.
Repealed: F. Aug. 12, 1993; eff. Sept. 1, 1993.

Ga. Comp. R. & Regs. r. 570-6-.16 Repealed

History

Authority: Ga. Code Ann. Secs. 92A-602, 92A-605, 92A-610
History. Original Rule entitled "Suspension for Driving on Revoked License" adopted. F. and eff. July 20, 1964.
Repealed: New Rule entitled "Contents of Demand for Security Under Safety Responsibility Law" adopted. F. Sept. 30, 1969; eff. Oct. 19, 1969.
Repealed: New Rule of same title adopted. Filed July 11, 1972; effective July 31, 1972.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.17 Repealed

History

Authority: Ga. L. 1951, pp. 565, 567, as amended (Ga. Code Ann., Sec. 92A-602);Ga. L. 1951, pp. 565, 568, as amended (Ga. Code Ann., Sec. 92A-605)
History. Original Rule entitled "Recertification of Driving Ability Under Georgia Assigned Risk Plan" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Demand for Security: Time" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.18 Repealed

History

Authority: Ga. L. 1969, Act 570 (Ga. Code Ann., Sec. 92A-603)
History. Original Rule entitled "Licenses Issued by Foreign Jurisdiction: When Suspended" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Fee for Status Reports If Accident Cases" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.19 Repealed

History

Authority: Ga. L. 1951, Act 386, as amended (Ga. Code Ann., Sec. 92A-611)
History. Original Rule entitled "Department Hearings: Procedure" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Disbursement of Security Based on Unsatisfied Judgements" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.20 Repealed

History

Authority: Ga. L. 1968, Act 938, as amended (Ga. Code Ann., Secs. 92A-443, 92A-444); Ga. L. 1969. Act 615, (Ga. Code Ann., Secs. 92A-443, 92A-444)
History. Original Rule entitled "Matters Subject to Review on Hearings Pursuant to Ga. L. 1951, pp. 565, 568, as amended (Ga. Code Ann. Sec. 92A-605)" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Point System for Traffic Violators" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.21 Repealed

History

Authority: 92A-605, 92A-602, 92A-604, 92A-607, 92A-611, 92A-615
History. Original Rule entitled "Contents of Demand for Security Under Safety Responsibility Law" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Forms Issued Under Bureau of Safety Responsibility Involving Accidents" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.22 Repealed

History

Authority: 92A-608, 92A-401, 92A-422, 92A-408, 92A-404, 92A-608.1, 92A-445, 92A-447
History. Original Rule entitled "Demand for Security; Time" was filed and effective on July 20, 1965.
Amended: Rule repealed and a new Rule entitled "Suspension, Revocation and Cancellation Forms Based on Violations" adopted. Filed September 30, 1969; effective October 19, 1969.
Amended: Rule repealed. Filed December 11, 1975; effective December 31, 1975.

Ga. Comp. R. & Regs. r. 570-6-.23 Repealed

History

Authority: 92A-605, 92A-609, 92A-602, 92A-604, 92A-607, 92A-611, 92A-615
History. Original Rule entitled "Forms Issued Under Bureau of Safety Responsibility Involving Accidents" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed September 30, 1969; effective October 19, 1969.

Ga. Comp. R. & Regs. r. 570-6-.24 Repealed

History

Authority: 92A-608, 92A-401, 92A-422, 92A-403, 92A-404, 92A-608.1
History. Original Rule entitled "Suspension, Revocation and Cancellation Forms Based on Violations" was filed and effective on July 20, 1965.
Amended: Rule repealed. Filed September 30, 1969; effective October 19, 1969.

Subject 570-6-1 [Repealed]

Ga. Comp. R. & Regs. r. 570-6-1-.01 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Definitions" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.02 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Procedures" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.03 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Fees Charged for Nonconsensual Towing" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.04 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Vehicle Not Towed Upon Operator Returning" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.05 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Signs Specifications" adopted. F. May 13, 2014; eff. June 2, 2014
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.06 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Authorized Attendant" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.07 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Records and Reports" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.08 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Secure Impoundment Facility" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.09 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Public Liability and Property Damage Insurance" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.10 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Office Requirements" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.11 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Equipment" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-1-.12 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Penalties" adopted. F. May 13, 2014; eff. June 2, 2014.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Subject 570-6-2 [Repealed]

Ga. Comp. R. & Regs. r. 570-6-2-.01 Repealed

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Purpose" adopted. F. Jan. 6, 2015; eff. Jan. 26, 2015.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-2-.02 Repealed

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Definitions" adopted. F. Jan. 6, 2015; eff. Jan. 26, 2015.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-6-2-.03 Repealed

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Standards" adopted. F. Jan. 6, 2015; eff. Jan. 26, 2015.
Repealed: F. May 9, 2017; eff. May 29, 2017.

Chapter 570-7 Speed Detection Devices

Ga. Comp. R. & Regs. r. 570-7-.01 Information

All requests for applications and all applications for a permit for the use of speed detection devices, or requests for information concerning the rules of laws administered by the Department of Public Safety concerning the use of speed detection devices shall be made in writing to the Special Investigations Division, Department of Public Safety, P.O. Box 1456, Atlanta, Georgia 30371.

History

Authority: O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Information" was filed on September 19, 1968, effective October 8, 1968.
Amended: Rule repealed and a new Rule of the same title adopted. Filed January 2, 1985; effective January 22, 1985.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.02 Application for Permit

(1) Applications for permits for the use of speed detection devices shall be on a form prescribed and approved by the Department of Public Safety and shall be submitted to the Special Investigations Division.

(2)

Required information to be submitted by applicants shall be, but is not limited to:

(a) The name of the governing authority or Sheriff seeking the permit;

(b) The mailing address of the governing authority or Sheriff seeking the permit;

(d) The highway number, street, or road name the device is to be used on, the speed limit on said roadway, documentation confirming that these speed limits have been approved by the Office of Traffic Operations of the Department of Transportation;

(e) A copy of the "Certificate of Calibration" for each speed detection device in use by the police agency, a copy of the "Speed Detection Device Operators Permit" for each officer certified to operate the speed detection devices, and a copy of the police agency's "Radio Station License";

(f) Responses to all questions or requests for information in the application;

(g) Date of application;

(h) The application must state whether the governing authority or Sheriff erected signs on every highway which comprises a part of the State highway system at that point on the highway which intersects the boundary limits of the governing authority or Sheriff which signs shall warn approaching motorists that the use of such speed detection devices is being employed.

(3) Applications submitted by a governing body shall be accompanied by a certified copy of a resolution of the governing body seeking the permit showing that the governing body approves of and desires the use of speed detection devices for its law enforcement officers. Applications submitted by a Sheriff shall be accompanied by an affidavit executed by the Sheriff certifying that the Sheriff approves and desires the use of speed detection devices by that Sheriff Department's officers.

(4) The application shall state whether the existing speed limits at the specified locations have been determined on the basis of an engineering and traffic investigation as required by the Uniform Rules of the Road (O.C.G.A. § 40-6-181 , O.C.G.A. § 40-6-182 , O.C.G.A. § 40-6-183 , O.C.G.A. § 40-6-184 ) and the Manual on Uniform Traffic Control Devices. If so, confirming data must be submitted.

(5) An application which does not include the information required by 570-7-.02(2)(d) will be considered incomplete and shall be returned to the applicant for completion. Incomplete applications will not be accepted by the Department of Public Safety and will not be considered for approval.

History

Authority: O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Application for Permit" was filed on September 19, 1968, effective October 8, 1968.
Amended: Filed January 2, 1985; effective January 22, 1985.
Amended: F. Mar. 11, 1996; eff. Mar. 31, 1996.
Amended: Feb. 16, 2000; eff. Mar. 7, 2000.
Amended: F. May 18, 2011; eff. June 7, 2011.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.03 Permit Amended

(1) Permits will be issued by the Department of Public Safety acting through its Commissioner.

(2) The Department of Public Safety, acting through its Commissioner, shall withhold issuance of a permit for the use of a speed detection device where the application reveals information that the governing authority or Sheriff has not complied or cannot comply with the laws of this State insofar as the use of speed detection devices is concerned. No permit or amendment will be issued until all information requested in the application has been provided. No permit issued will be valid until such time as the local governing authority or Sheriff holding the permit has complied with the laws of this State insofar as the use of speed detection devices is concerned.

(3) Permits are subject to suspension and/or revocation as the law may provide, and may be suspended for failure to provide current information.

(4) Permits issued pursuant to Chapter 570-7 of the Rules of the Department of Public Safety shall be in the following form when issued to a governing authority: ________________________________________________________________ (Governing Authority) having submitted an application in proper form for a permit for the use of a speed detection device at the following location(s): and ________________________________________________________________ (Governing Authority) having shown compliance with all applicable laws, rules and regulations, the Department of Public Safety hereby issued this permit to ________________________________________________________________ (Governing Authority) for the use of a speed detection device at the above set out location(s). Permit Number ________________ _________________________________________ Commissioner, Department of Public Safety

(5) Permits issued pursuant to Chapter 570-7 of the Rules of the Department of Public Safety shall be in the following form when issued to a Sheriff: ________________________________________________________________ (Sheriff) having submitted an application in proper form for a permit for the use of a speed detection device at the following location(s): and ________________________________________________________________ (Sheriff) having shown compliance with all applicable laws, rules and regulations, the Department of Public Safety hereby issued this permit to ________________________________________________________________ (Sheriff) for the use of a speed detection device at the above set out location(s). Permit Number ________________ _________________________________________ Commissioner, Department of Public Safety

History

Authority: Ga. Law 1968, p. 425, sec. 2; O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Application, Form of" was filed on September 19, 1968, effective October 8, 1968.
Amended: Rule repealed. Filed January 2, 1985; effective January 22, 1985.
Amended: New Rule entitled "Permit Amended" adopted. F. Feb. 20, 1997; eff. Mar. 12, 1997.
Amended: F. May 18, 2011; eff. June 7, 2011.

Ga. Comp. R. & Regs. r. 570-7-.04 Expiration of Permits

(1) All speed detection device permits issued are valid for three (3) years and expire on December 31 st of the third year.

(2) Permits may be renewed by completing an amended application for permit as prescribed by Georgia Law and Department of Public Safety rules. The completed amendment application must be submitted to the Georgia Department of Public Safety Special Investigations Division, P. O. Box 1456, Atlanta, Georgia, 30371-2303.

(3) Permit holders are solely responsible for renewing the permit prior to the expiration date. No expiration notices will be sent by the Department.

History

Authority: O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Permit" was filed on September 19, 1968, effective October 8, 1968.
Amended: Rule repealed and a new Rule of the same title adopted. Filed January 2, 1985; effective January 22, 1985.
Amended: F. Mar. 11, 1996; eff. Mar. 31, 1996.
Amended: New Rule retitled "Expiration of Permits". F. Feb. 20, 1997; eff. Mar. 12, 1997.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.05 Speed Timing Devices Standard Specifications

To establish minimum performance specifications for speed detection devices.

(a) Speed detection devices listed in the annual administrative order issued by the Commissioner of the Department of Public Safety meet the minimum requirements and are approved. Also sanctioned are speed detection devices from the International Association of Chiefs of Police (hereafter "I.A.C.P.") Combined Radar and Lidar Conforming Product List for speed measuring devices. Radars included on the I.A.C.P. Combined Radar and Lidar Conforming Product List for speed measuring devices must meet specifications defined in 570-7-.05,(b)1., 2., 3., and 4.

(b)

Speed detection devices listed upon the I.A.C.P. Combined Radar and Lidar Conforming Product List for speed measuring devices have been determined by the Department to meet the minimum performance specifications and may be utilized provided certain modifications are present.

1. Any mechanism for automatically locking a target speed in the display must be disabled.

2. Any mechanism for warning operators that a display target speed exceeds a present limit, such as audible tone or momentary locking of the display, must be disabled.

3. A minimum of two display windows for moving mode radar so that the patrol speed and target speed may be displayed simultaneously. Radars which have only one window may be used only in the stationary mode.

4. If a doppler audio signal which gives the operator a tone signal directly correlating with the displayed target speed is not present, it must be added.

(c)

Other Speed Timing Devices:

Speed timing devices utilizing a stopwatch principal measure speed by dividing the distance traveled by the time it took to travel that distance.

(i)

Minimum Specifications:

(I) The device shall, if capable of measuring distance, provide visual evidence (i.e., display calibration number) that the calibration switches are set properly; thus, assuring the operator that the device is properly calibrated.

(II) The device, if capable of measuring distance, must permit accurate and reliable speed checks by dialing into the computer previously logged distances.

(III) The device shall, if capable of measuring distance, have the capability of measuring distance in miles and of converting distance into feet by dialing a predetermined number into the computer.

(IV) The device must have the capability of measuring time in increments of not more than 0.036 seconds.

(V) The device shall clear itself automatically upon the initiation of a new speed check No re-set switches required.

(VI) The device shall allow the operator to recall time or distance if the device is capable of measuring distance, upon the completion of a speed check without erasing the calculated speed.

Speed Timing devices determining speed by measuring the time of flight of short pulses of infrared light between the instrument and its target.

(i)

Minimum Specifications;

(I) The speed of light is constant and the infrared light utilized must, when activated, transmit pulses of infrared light to provide the operator with the true speed of the target vehicle.

(II) Must provide the user, upon command, the target vehicle's speed and distance by displaying this information on a panel provided for this purpose.

(III) Must provide an accurate reading up to a distance of 2000 feet with a light beam width of no more than 8 feet.

(IV) Must provide an accurate reading when the target vehicle has been checked for a minimum of 0.3 seconds.

(V) Must meet or exceed United States Food and Drug Administration Class 1 laser eye safety standards.

(VI)

The device must provide the following features:

I. Aiming device;

II. Range display;

III. Lighted target speed display;

IV. Laser transmit indicator, either visual or audible;

V. Target light display intensity control;

VI. Locking device which will maintain displayed speed of target vehicle until cleared by user;

VII. Power control switch.

History

Authority: O.C.G.A. Secs. 40-14-1, 40-14-3
History. Emergency Rule 570-7-0.14-.05 entitled "Radar Standards and Specifications" was filed on June 7, 1984; effective June 6, 1984, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule repealed and a permanent Rule of the same title adopted. Filed September 10, 1984; effective September 30, 1984.
Repealed: New Rule entitled "Speed Timing Devices Standard Specifications" adopted. F. Mar. 9, 1992; eff. Mar. 29, 1992.
Amended: F. Nov. 6, 1992; eff. Nov. 26, 1992.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.06 Repealed

History

Authority: O.C.G.A. Secs. 35-8-12, 40-14-3
History. Original Rule entitled "Certification of Operators of Speed Timing Devices" adopted. F. Mar. 9, 1992; eff. Mar. 29, 1992.
Amended: ER. 570-7-0.18-.06 adopted. F. July 16, 2002; eff. July 10, 2002, the date of adoption.
Amended: Permanent Rule adopted. F. Sept. 24, 2002; eff. Oct. 14, 2002.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Certification of Instructor" adopted. F. Mar. 9, 1992; eff. Mar. 29, 1992.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.08 Certification of Devices by Technicians

Before being placed in service, and annually thereafter, speed timing devices must be certified for compliance by the manufacturer's technician, a technician possessing a general class radiotelephone license issued by the Federal Communications Commission, or a technician certified by a manufacturer of speed timing devices or other training program for the certification of speed detection devices.

History

Authority: O.C.G.A. Secs. 40-14-3, 40-14-4
History. Original Rule entitled "Certification of Devices by Technicians" adopted. F. Mar. 9, 1992; eff. Mar. 29, 1992.
Amended: ER. 570-7-0.15-.08 adopted. F. and eff. March 12, 1993, the date of adoption.
Amended: Permanent Rule adopted. F. June 11, 1993; eff. July 1, 1993.
Amended: F. Oct. 21, 2003; eff. Nov. 10, 2003.

Ga. Comp. R. & Regs. r. 570-7-.09 Repealed

History

Authority: O.C.G.A. Sec. 40-14-3
History. Original Rule entitled "Testing Removal of Inaccurate Devices From Service" adopted. F. Mar. 9, 1992; eff. Mar. 29, 1992.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-7-.10 Definitions

570-7-.10 For purposes of O.C.G.A. 40-14-2, a full-time peace officer is one who regularly works a minimum of 30 hours per week or 120 hours per 28 day period as a peace officer for the applicant.

History

Authority: O.C.G.A. Secs. 35-2-3, 40-14-2
History. . Original Rule entitled "Definitions" adopted. F. Jan. 22, 1998; effective Feb. 11, 1998.

Chapter 570-8 Licensing of Driver Training Schools and Instructors

Ga. Comp. R. & Regs. r. 570-8-.01 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Definitions" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Feb. 16, 2000; eff. Mar. 7, 2000.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.02 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Application for Original Driver Training School License" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. May 13, 1994; eff. June 2, 1994.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.03 Repealed

History

Authority: O.C.G.A. Secs. 43-13-4, 43-13-8
History. Original Rule entitled "License Fees" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Amended: F. July 1, 1999; eff. July 21, 1999.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.04 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Effective Date" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: New Rule of same title adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.05 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Nontransferability" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.06 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Display of License" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.07 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Changes of Officers or Address" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.08 Repealed

History

Authority: O.C.G.A. Secs. 43-13-6, 43-13-8
History. Original Rule entitled "Renewal of License" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Amended: F. July 1, 1999; eff. July 21, 1999.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.09 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Location of School" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: New Rule entitled "Location and Advertisement of School" adopted. F. Jan. 8, 1975; eff. Jan. 28, 1975.
Repealed: New Rule entitled "Location of School" adopted. F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. May 13, 1994; eff. June 2, 1994.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.10 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Office Requirements" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: New Rule entitled "Office and Classroom Requirements" adopted. F. Jan. 8, 1975; eff. Jan. 28, 1975.
Repealed: New Rule entitled "Office Requirements" adopted. F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. May 13, 1994; eff. June 2, 1994.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.11 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Name of School" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.12 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Driver Training School Advertising" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.13 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Responsibility for Employees" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.14 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Records and Contracts" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. June 10, 1982; eff. June 30, 1982.
Amended: F. Apr. 20, 1989; eff. Apr. 30, 1989.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.15 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Contents of Contract" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.16 Repealed

History

Authority: O.C.G.A. Secs. 40-15-3, 43-13-8
History. Original Rule entitled "Program of Instruction" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: New Rule of same title adopted. F. Jan. 8, 1975; eff. Jan. 28, 1975.
Amended: F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: F. May 13, 1994; eff. June 2, 1994.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.17 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Insurance and Safety Requirements" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Feb. 15, 1979; eff. Mar. 7, 1979.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Feb. 16, 2000; eff. Mar. 7, 2000.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.18 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Application for Instructor's Certificate" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. May 13, 1994; eff. June 2, 1994.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.19 Repealed

History

Authority: O.C.G.A. Secs. 43-13-5, 43-13-6, 43-13-8
History. Original Rule entitled "Qualifications of Instructors" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: New Rule of same title adopted. F. Nov. 29, 1973; eff. Dec. 19, 1973.
Amended: F. Mar. 17, 1978; eff. Apr. 6, 1978.
Amended: F. June 10, 1982; eff. June 30, 1982.
Amended: F. Aug. 13, 1990; eff. Sept. 2, 1990.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. May 15, 1996; eff. June 4, 1996.
Amended: F. Sept. 20, 1996; eff. Oct. 10, 1996.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Amended: F. Jan. 19, 1999; eff. Feb. 8, 1999.
Amended: F. July 1, 1999; eff. July 21, 1999.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.20 Repealed

History

Authority: O.C.G.A. Secs. 40-5-101, 43-13-8
History. Original Rule entitled "General Regulations" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. June 10, 1982; eff. June 30, 1982.
Amended: F. Dec. 15, 1988; eff. Jan. 4, 1989.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.21 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Suspension or Revocation of License" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Amended: F. Mar. 17, 1978; eff. Apr. 6, 1978.
Amended: F. Apr. 10, 1989; eff. Apr. 30, 1989.
Amended: F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.22 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Complaints" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.23 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Contractual Bond Requirements" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.24 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Forms" adopted. F. Nov. 8, 1968; eff. Nov. 27, 1968.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Ga. Comp. R. & Regs. r. 570-8-.25 Repealed

History

Authority: O.C.G.A. Sec. 43-13-8
History. Original Rule entitled "Notices" adopted. F. Apr. 10, 1989; eff. Apr. 30, 1989.
Repealed: F. Oct. 25, 2004; eff. Nov. 14, 2004.

Chapter 570-9 Off-Duty Police Employment

Ga. Comp. R. & Regs. r. 570-9-.01 Definitions

For the purposes of this chapter, the term

(1) "Sworn member": shall mean any person employed by the Department of Public Safety in a sworn law enforcement capacity.

(2) "Off-duty police employment" shall mean employment with an entity other than the Department of Public Safety which entails actual or potential use of police authority and requires vested police powers as a condition of employment. Off-duty employment may be either by private or public entities.

(3) "Large off-duty police detail" shall mean a police detail requiring more than twelve sworn members.

(4) "Off-duty employment coordinator" shall mean an individual designated by the Commissioner of the Department of Public Safety to coordinate requests to work off-duty employment, to provide names of eligible sworn members to prospective employers, to maintain employer information, and to oversee the approval process for use of Departmental vehicles for off-duty police employment.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15, 16-10-3
History. Original Rule entitled "Information" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 13, 1978; effective October 4, 1978.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Approval" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Definitions" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.02 Approval

(1) Prior to accepting off-duty police employment, a sworn member must obtain permission from the Commissioner or the Commissioner's designee. Requests for permission must be made on a form prescribed by the Department of Public Safety and must be sent to the off-duty employment coordinator. If the proposed employment conflicts with the sworn member's state employment or with any policy, rule, or regulation; of the Department of Public Safety or the State Personnel Board, the request shall be disapproved. Approval will only be granted if there is no conflict of interest, the proposed employment does not interfere with the sworn member's primary duties, and the proposed employment is within the duties and responsibilities a sworn member performs or is reasonably expected to perform as part of his or her job duties and responsibilities. The Commissioner or his designee has the discretion to approve or disapprove any request.

(2) If approval is granted, a copy of the request form marked "approved" shall be maintained by the off-duty employment coordinator. The off-duty employment coordinator shall provide notice to each approved employer.

(3) In the event a request is made for emergency approval to work off-duty police employment, oral authorization may be granted by the Commissioner or his designee. Emergency approval will only be considered when the request from the employer is made 72 hours or less prior to the date of the off-duty police employment. If oral approval is granted, a written request, as provided above, must be prepared and forwarded on the form prescribed by the Department, through the chain of command, within 72 hours of the approval being granted.

(4) Approval for off-duty police employment may be suspended at any time that a conflict is found to exist, the employment interferes with the sworn member's primary duties, departmental procedures are violated, or otherwise in the discretion of the Troop Commander or above, in consultation with the Georgia State Patrol Commanding Officer or Commissioner. During the course of the employment, the Department may make reasonable inquiries of a sworn member to ensure that no conflict or violation of the Department's policy exists.

(5) Approval for off-duty police employment may be revoked at any time at the discretion of the Commissioner.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Qualifications" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Filed August 5, 1982; effective August 25, 1982.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Hours" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Approval" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.03 Eligibility

The following sworn members shall not be approved for off-duty police employment:

(a) Sworn members on suspension with or without pay;

(b) Sworn members assigned administrative duties for the purpose of investigation;

(c) Sworn members during the first six months of employment in a law enforcement capacity with the Department of Public Safety;

(d) Sworn members with an overall performance management assessment of "1" or "2";

(e) Sworn members approved for modified duty due to being physically or mentally incapable of performing his or her job duties;

(f) Sworn members who do not meet any required physical fitness or physical agility standards set forth by the Department of Public Safety;

(g) Sworn members on worker's compensation, sick leave, and/or FMLA; and

(h) Sworn members on any type of leave due to their own personal illness or injury.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Application, Form of" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Filed August 5, 1982; effective August 25, 1982.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Insurance and Workers' Compensation" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Eligibility" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. May 8, 2000; eff. May 28, 2000.
Amended: F. Mar. 14, 2007; eff. Apr. 3, 2007.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Nov. 25, 2015; eff. Dec. 18, 2015.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.04 General Provisions

(1) Sworn members desiring to work off-duty police employment shall arrange such employment with the understanding that all matters related to the off-duty police employment shall be conducted at a time when the sworn member is not on duty.

(2) No scheduling, arranging employment, replacements, delivering paychecks, or any other off-duty police employment-related matters shall be performed while the sworn member is on duty with the Department of Public Safety; provided, however, that for off-duty police employment for which the DPS officer receives his pay through the Department, the prohibition against the delivery of paychecks shall not apply.

(3) Sworn members are prohibited from leaving their assigned duty work zone for the purpose of off-duty police employment.

(4) Sworn members are prohibited from visiting off-duty work sites while on regularly assigned patrol shifts.

(5) Sworn members are prohibited from adjusting work schedules in order to accommodate off-duty police employment opportunities except when personally approved by the Post Commander or immediate supervisor.

(6) Sworn members working off-duty police employment in plain clothes shall be governed by DPS Policy regarding outside employment.

(7) Off-duty police employment is prohibited with a private employer when the employer is involved in a labor strike. In cases where a private employer becomes involved in a labor strike subsequent to approval by the Commissioner, the approval shall be considered immediately withdrawn.

(8) All law enforcement decisions will be made by the sworn member and not by the off-duty police employer.

(9) Use of a department vehicle for off-duty police employment requires written approval in advance by the Commissioner and the vehicle shall be used only in the manner and for the purpose approved.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Permits" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Filed August 5, 1982; effective August 25, 1982.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Unacceptable Employment" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "General Provisions" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Nov. 22, 1999; eff. Dec. 12, 1999.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.05 Unacceptable Employment

Off-duty police employment which is not acceptable to the Georgia Department of Public Safety includes, but is not limited to:

(a) Employment involving wrecker companies, bail bonding companies, private investigation services, paralegal services, adult entertainment establishments, employment in which the primary source of revenue is the sale of alcoholic beverages, employment at fast food establishments or retail sales establishments, and any employment that would require a sworn member to testify in court in opposition to another law enforcement agency. Approval may be granted on an individual basis when the sale and consumption of alcohol beverages is incidental to the primary function or purpose of the enterprise such as sports facilities and civic centers. During the course of the employment, the Department may make reasonable inquiries of the member to ensure that the continued outside employment does not constitute a conflict of interest.

(b) Any other off-duty police employment determined by the Commissioner, in his or her discretion, to be inconsistent, incompatible, in conflict with or that would bring discredit upon the Georgia Department of Public Safety.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15, 16-10-3
History. Original Rule entitled "Forms of Permit" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Filed January 8, 1982; effective January 28, 1982.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "General Provisions" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Unacceptable Employment" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.06 Off-Duty Employer Responsibilities

(1)

(a) The Department will not be responsible for a sworn member's actions if the sworn member is acting in the scope of employment for the outside employer. Except as provided in this rule, state benefits and protection, including liability insurance coverage and workers compensation benefits for related injuries and disability, will not apply while the sworn member is performing off-duty police employment.

(b) If such employment is by another state department, that agency, rather than the Department of Public Safety, will be responsible for such coverage.

(c) If use of the department vehicle has been approved for use in off-duty police employment in accordance with O.C.G.A. § 35-2-15 , the sworn member is deemed to be acting within the scope of his/her official duties and employment and shall be afforded liability coverage for claims arising out of such approved use of the vehicle.

(2)

Requests for employment by another state agency shall be in writing and shall conform to the requirements for Off-Duty Police Employment. In addition to the requirement stated in this policy, a release shall be provided by the sworn member which states:

(a) In the event that the hours worked for the Department and another state agency result in the sworn member being eligible for overtime, the overtime shall be the responsibility of the other agency up to the maximum hours worked by the other agency, and

(b) In the event the sworn member requests or becomes entitled to overtime pay as a result of working outside the Department for another agency, the outside employer or other state agency shall bear the expense or liability and must agree to such in writing.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Techniques and Methods" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Filed October 11, 1979; effective October 31, 1979.
Amended: Filed August 6, 1981; effective August 26, 1981.
Amended: Filed August 5, 1982; effective August 25, 1992.
Amended: Filed June 6, 1983; effective June 26, 1983.
Amended: Emergency Rule 570-9-0.12-.06 was filed on October 11, 1983; effective October 5, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. (Said Rule repealed paragraphs (1), (2), (6) and (11) and adopted new paragraphs of the same numbers.) (Said Emergency Rule expired February 2, 1984.)
Amended: Filed February 1, 1984; effective February 21, 1984.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Off-Duty Police Details" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Insurance and Workers Compensation" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995;
Amended: F. Nov. 22, 1999; eff. Dec. 12, 1999.
Amended: Title changed to "Off-Duty Employer Responsibilities." F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Nov. 25, 2015; eff. Dec. 18, 2015.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.07 Hours

A sworn member may work a maximum of 64 hours of employment per workweek, whether the work is exclusively regular duty hours, or exclusively off-duty police employment, or a combination of regular duty hours and off-duty police employment. With supervisor approval, a maximum of 72 hours during one week of each 28-day roster may be worked. The Post Commander has authority to determine that an overage of the 64 hours was unavoidable. Any deliberate omission or misrepresentation by the sworn member of hours worked on off-duty police employment shall result in disciplinary action, up to and including termination of employment. Exceptions will be made in the event of a riot, natural disaster, emergency situation, or other exigent circumstances, as determined by the Commissioner. A sworn member working off-duty police employment shall provide a minimum of six hours for rest between off-duty employment and regular on-duty assignments.

History

Authority: O.C.G.A. §§ 35-2-3, 16-10-3
History. Original Rule entitled "Fees and Billing" was filed on November 8, 1968; effective November 27, 1968.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Use of State Equipment in Off-Duty Police Details" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Hours" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. May 8, 2000; eff. May 28, 2000.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Nov. 25, 2015; eff. Dec. 18, 2015.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.08 Law Enforcement Action in Off-Duty Police Employment

A sworn member engaged in off-duty police employment is expected to take appropriate law enforcement action when a serious violation or life-threatening situation occurs (such as the commission of a felony). A sworn member responding under these conditions is considered "on-duty" and shall be afforded all protection consistent with the position of a sworn member. Law enforcement decisions must be made in accordance with Georgia Department of Public Safety policies, procedures, training, rules and regulations.

History

Authority: O.C.G.A. § 35-2-3
History. Original Rule entitled "Revocation of Permit" was filed on September 30, 1969; effective October 19, 1969.
Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.
Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.
Repealed: New Rule entitled "Law Enforcement Action in Off-Duty Police Employment" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Law Enforcement Action in Off-Duty Policy Employment" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Nov. 25, 2015; eff. Dec. 18, 2015
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.09 Standards of Conduct and Supervision

The off-duty police employer may make general assignment of duties but, has no authority to control law enforcement activities of sworn members. Sworn members engaged in off-duty police employment will be subject to the same policies, rules and regulations as on-duty sworn member. While wearing any uniform of the Georgia Department of Public Safety, sworn members shall conduct themselves as professional law enforcement officers and are held to the same high standard and code of conduct as while on duty.

History

Authority: O.C.G.A. § 35-2-3
History. Original Rule entitled "Compensation for Off-Duty Police Employment" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Standards of Conduct and Supervision" adopted, F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.10 Use of State Equipment in Off-Duty Police Employment

(1) When off-duty police employment is approved, the sworn member shall wear the Georgia Department of Public Safety uniform of the day and may use Georgia Department of Public Safety equipment issued to the sworn member.

(2) Sworn members are permitted to use the department vehicle as authorized by O.C.G.A. § 35-2-15 , in the manner and for the purpose approved by the Commissioner prior to the use of the vehicle, and only in accordance with DPS policy.

(3) The Commissioner may require reimbursement for the use of the vehicle by the off-duty employer pursuant to a Department-approved, written agreement between the Department and the off-duty police employer. The Commissioner's determination shall be made before the off-duty employment begins. The off-duty employer shall be responsible for furnishing lodging and meals to the sworn member if the assignment requires an overnight stay.

(4) When operating a department vehicle which has been approved for off-duty police employment as authorized by O.C.G.A. § 35-2-15 , the sworn member shall be acting within the scope of his or her official duties and employment, and shall be afforded liability coverage for claims arising out of such approved use of the vehicle.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Standards of Conduct and Supervision" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Use of State Equipment in Off-Duty Policy Employment" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Nov. 22, 1999; eff. Dec. 12, 1999.
Amended: May 8, 2000; eff. May 28, 2000.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.11 Recall to Duty

A sworn member engaged in an off-duty police employment assignment must be available to be recalled to on-duty status. Notice of this requirement shall be given to the employer in accordance with departmental policy.

History

Authority: O.C.G.A. § 35-2-3
History. Original Rule entitled "Recall to Duty" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Recall to Duty" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.12 Large Off-Duty Police Details

Large off-duty police details shall require sufficient sworn off-duty Department of Public Safety supervisors to supervise the detail. The Department of Public Safety standard for supervisors requires the following, unless an exception is approved in advance by the Commissioner or his designee:

(a) One (1) NCO is required for every 12 sworn employees assigned to a large off-duty police detail.

(b) One (1) Lieutenant or Captain is required for every two (2) NCO's assigned to supervise a large off-duty police detail.

History

Authority: O.C.G.A. §§ 35-2-3, 35-2-15
History. Original Rule entitled "Suspension of Approval for Off-Duty Employment" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Large Off-Duty Police Details" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Ga. Comp. R. & Regs. r. 570-9-.13 Rental Agreements

(1) Sworn members who have an agreement with a property owner or manager to pay a reduced amount of rent or no rent for merely residing at an apartment complex, house, or mobile home park are not considered to be engaged in off-duty police employment.

(2) If any type of regularly scheduled service such as security checks are part of the agreement, sworn members are considered to be engaged in off-duty police employment. Each member with such an agreement, either written or oral, shall request approval as stated in this chapter.

(3) The request for off-duty police employment in a rental agreement situation must clearly state the conditions of the agreement.

History

Authority: O.C.G.A. §§ 35-2-3, 16-10-3
History. Original Rule entitled "Off-Duty Police Employment: Captain and Above" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: New Rule entitled "Rental Agreements" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 2, 2013; eff. July 22, 2013.
Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.

Chapter 570-10 Bicycle Safety

Ga. Comp. R. & Regs. r. 570-10-.01 Rear Bicycle Reflectors

Bicycles in use at nighttime which are not equipped with a red light on the rear shall be equipped with a red reflector which complies with the requirements set forth in 16 CFR 1512.16.

History

Authority: OCGA 40-6-296(a) and 35-2-4
History. Original Rule entitled "Scope of Regulation" was filed on September 14, 1972; effective January 1, 1973 as specified by the Agency.
Amended: Filed November 29, 1973; effective December 19, 1973.
Amended: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-10-.02 Repealed

History

Authority: OCGA 40-6-296(a); OCGA 35-2-4. 1973
History. Original Rule was filed on September 14, 1972; effective January 1, 1973 as specified by the Agency.
Amended: Original Rule entitled "Definition" repealed and a new Rule entitled "Bicycle Pedal Reflector" adopted. Filed November 29, 1973; effective December 19, 1973.
Repealed: Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-10-.03 Repealed

History

Authority: OCGA 40-6-296(a); OCGA 35-2-4
History. Original Rule entitled "Marks of Identification" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Required Equipment" adopted. Filed November 29, 1973; effective December 19, 1973.
Repealed: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-10-.04 Repealed

History

Authority: Ga. L. 1972, p. 547
History. Original Rule entitled "Bicycle Pedal Reflectors" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Rule repealed. Filed November 29, 1973; effective December 19, 1973.

Ga. Comp. R. & Regs. r. 570-10-.05 Repealed

History

Authority: Ga. L. 1972, p. 547
History. Original Rule entitled "Mechanical Test Requirements" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Rule repealed. Filed November 29, 1973; effective December 19, 1973.

Ga. Comp. R. & Regs. r. 570-10-.06 Repealed

History

Authority: Ga. L. 1972, p. 547
History. Original Rule entitled "Color and Photometric Test Requirements" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Rule repealed. Filed November 29, 1973; effective December 19, 1973.

Ga. Comp. R. & Regs. r. 570-10-.07 Repealed

History

Authority: Ga. L. 1972, p. 547
History. Original Rule entitled "Effective Date" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Rule repealed. Filed November 29, 1973; effective December 19, 1973.

Chapter 570-11 Flashing and Revolving Lights on Motor Vehicles

Ga. Comp. R. & Regs. r. 570-11-.01 Purpose

The purpose of these rules is to implement the requirements set forth in O.C.G.A. 40-8-92, relating to the designation of vehicles as emergency.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Purpose" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Purpose" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Filed June 8, 1977, effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.02 Definitions

(1) "Commissioner" shall mean the Commissioner of Public Safety, of the State of Georgia.

(2) "Department"--shall mean the Department of Public Safety of the State of Georgia.

(3) "Designation as an Emergency Vehicle Authorized to use Flashing or Revolving Red Lights"--shall authorize the use of red flashing or revolving lights to respond to emergency situations such as accidents, fires and disasters and, pursuant to O.C.G.A. 40-6-6 .

(4) "Designation as a Vehicle Authorized to use Flashing or Revolving Amber Lights"--shall authorize the use of amber flashing or revolving lights as caution or warning devices to warn motorists and the general public of hazardous or emergency situations, but vehicles so designated are not authorized to use amber lights to respond to emergency situations pursuant to O.C.G.A. 40-6-6 .

(5) Form DPS-41 -- Application for Designation as Emergency Vehicle and Emergency Light Permit.

(6) "Revocation of Emergency Vehicle Designation"--the termination by the Department of the designation as an emergency vehicle.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Proven Need Required Before Authorization (1, 2 & 3)" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Proven Need Required Before Authorization" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Definitions" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.03 Designation of Emergency Vehicles Authorized to use Flashing or Revolving Red Lights

(1) The Department may designate a vehicle as an emergency vehicle, allowing such vehicle to operate flashing or revolving red lights by issuing a permit, when the person, firm, corporation or governmental agency shall demonstrate to the Department a proven need for equipping such vehicle with flashing or revolving red lights.

(2)

The following shall be submitted to the Department for such determination and issuance of such permit:

(a) Completed Application Form DPS-41;

(b) Notarized Statement of Use, detailing the time, location, manner and justification for use;

(d) Required fee; and

(e) Certificate evidencing completion of a "Due Regard Training Program" approved by the Department.

(3)

The following groups of applicants must also meet the following additional criteria prior to emergency vehicle designation.

(a)

Emergency Management Vehicles.

1. Submit an Emergency Light Certification from the Emergency Management Division, Georgia Emergency Management Agency, State of Georgia.

2. Submit proof an applicant is at least eighteen (18) years of age.

(b)

Volunteer Firefighter.

1. The notarized statement of use shall include an affidavit as to the applicant's active membership in a bona fide Volunteer Fire Department.

2. The application shall be signed by the County Commission Chairperson, Mayor, City Manager, County Fire Marshal or Fire Chief.

3. Submit proof an applicant is at least eighteen (18) years of age.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Application" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 to remain in effect for a period of 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Application," adopted superseding Emergency Rule 570-11-0.1. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Certification of Emergency Private Motor Vehicles Belonging to Volunteer Firemen" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Designation of Emergency Vehicles Authorized to Use Flashing or Revolving Red Lights" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: Filed March 5, 1982; effective March 25, 1982.
Amended: F. Jul. 14, 1995; eff. Aug. 3, 1995.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.04 Designation of Emergency Vehicles Authorized to Use Flashing or Revolving Amber Lights

(1) The Department may authorize a vehicle to operate flashing or revolving amber warning lights by issuing a permit when the person, firm, corporation or governmental agency shall demonstrate to the Department a proven need for equipping such vehicle with flashing or revolving amber lights.

(2)

The following shall be submitted to the Department for such determination and issuance of such permit:

(a) Completed Application Form DPS-41;

(b) Notarized Statement of Use, detailing the time, location, manner and justification for use;

(d) Required fee; and

(e) Private Security Companies/Agencies/Detectives must also submit a copy of the State License issued by the Georgia Board of Private Detective and Security Agencies.

History

Authority: Ga. L. 1977; Act 627
History. . Original Rule entitled "Fees" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Fees" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Application" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Designation and Emergency Vehicles Authorized to Use Flashing or Revolving Amber Lights" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.05 Application; Statement of Use

Applications and statements of use for designations as emergency vehicles and emergency light permits shall be submitted on forms furnished by the Department of Public Safety (DPS-41). Each form shall be completed in full, with information to include, the name and address of the applicant, and the name and address of at least one responsible person, other than the applicant, who should be contacted concerning the use or misuse of emergency lights. For the purpose of these Rules, governmental agencies applying for emergency light designations, the agency officer having authority over such vehicles shall be the "responsible person" and must sign the application. For corporations applying for emergency light designation the corporate secretary shall be the "responsible person" and must sign the application. Complete information as required by Form DPS-41 must be submitted for each vehicle on multiple vehicle applications. All applications and statements of use must be notarized.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Expiration and Renewal of Permits" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Expiration and Renewal of Permits and Designations" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Fees" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Application; Statement of Use" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.06 Fees

The fees required for emergency light designation and permits shall be paid to the Department of Public Safety by cash, certified or cashier's check, or money order.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Suspension" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Suspension, Cancellation and Revocation" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Expiration and Renewal of Permits and Designations" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Fees" adopted. Filed June 8, 1977; effective June 28, 1977.

Ga. Comp. R. & Regs. r. 570-11-.07 Expiration and Renewal of Permits and Designations

The expiration date of all permits and designations shall be on midnight of the last day of the month of the year following the issuance of such permits and designations. Permits and designations will be renewable thirty (30) days prior to expiration.

History

Authority: Ga. L. 1977; Act 627
History. . Original Rule entitled "Penalty" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Change of Use or Ownership" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Suspension, Cancellation and Revocation" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Expiration and Renewal of Permits and Designations" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.08 Revocation

(1) Permits issued by the Department of Public Safety and designations as emergency vehicle may be revoked for just cause by the Department. The holder of a permit will be given ten days notice of intention to revoke. Revocation will become effective on the tenth day unless a written request for a hearing is received by the Commissioner within ten days of such notice. The hearing and procedures for revocation of permits will be in accordance with Rule 570-1-.05 .

(2)

Just cause for revocation of emergency vehicle designations and flashing light permits shall include, but not be limited to:

(a) Improper use.

(b) Failure to remove decal upon change of use or ownership.

(d) Use of flashing or revolving lights when not involved in emergency operations.

(e) Any violation of law or unsafe conduct with respect to a flashing or revolving light.

(f) Use of emergency lights for purpose other than stated on application and statement of use.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Effective Date" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Refusals to Grant Permits and Designations" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Change of Use of Ownership" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Revocation" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.09 Change of Use or Ownership

Upon the change of use or ownership of a designated and/or permitted vehicle all designations and permits of that vehicle are cancelled, and the decal shall be removed from the windshield and returned along with the permit to the Department.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Display of Permit" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Honorary/Complimentary Permits" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Effective Date" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Change of Use or Ownership" adopted. Filed June 8, 1977; effective June 28, 1977.

Ga. Comp. R. & Regs. r. 570-11-.10 Refusals to Grant Permits and Designations

When an application for a designation as an emergency vehicle or a permit for a revolving or flashing lights is refused, written notice of such refusal shall be sent to the applicant. A person who has had an application refused shall be granted a hearing concerning the matter upon written request made to the Commissioner within ten (10) days after issuance of the notice of refusal. This hearing and all subsequent proceedings shall be conducted in accordance with Rule 570-1-.05 of the Department of Public Safety Rules and Regulations.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Forms" was filed on September 14, 1972; effective January 1, 1973, as specified by the Agency.
Amended: Emergency Rule 570-11-0.1 entitled "Emergency Rule Suspending Enforcement of Chapter 570-11" was filed on January 9, 1973; effective January 1, 1973 for 120 days or until the adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.
Amended: Permanent Rule entitled "Display of Permit" adopted. Filed May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Refusals to Grant Permits and Designations" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Filed June 8, 1977; effective June 28, 1977.

Ga. Comp. R. & Regs. r. 570-11-.11 Repealed

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Forms" was filed on May 24, 1973; effective June 13, 1973.
Amended: Rule repealed and a new Rule entitled "Honorary/Complimentary Permits" adopted. Filed November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Filed June 8, 1977; effective June 28, 1977.
Repealed: F. Jan. 31, 2012; eff. Feb. 20, 2013.

Ga. Comp. R. & Regs. r. 570-11-.12 Display of Permits

Upon authorization by the Department of Public Safety and the issuance of the emergency light designation and emergency light permit, it shall be the responsibility of the owner of the vehicle or the presiding officer of the firm, or corporation to cause the emergency light permit to be displayed in the lower left hand corner (driver side) of the windshield. The emergency light designation must be retained in the office at the location from which the vehicle normally operates and will be made available upon request by a duly authorized law enforcement officer.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Display of Permit" was filed on November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Display of Permits" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.13 Governmental Agency, Group Permit

(1) The Commissioner of the Department of Public Safety at his discretion may issue a flashing or revolving amber light permit to a governmental agency on a group basis foregoing the requirements of Rule 570-11-.04 .

(2)

Applicants for a flashing or revolving light group permit shall:

(a)

Annually submit a list of all vehicles within its agency that use or will use flashing or revolving lights.

1. Any addition or deletion of vehicles by the agency during the year for which the permit is valid need not be submitted to the Department of Public Safety.

The annual listing shall include:

(i) the name of the agency

(ii) type of governmental authority

(iii) address of agency

(iv) telephone number of agency

(v) list of vehicles then using flashing or revolving amber lights

(vi) date list submitted

(vii) signature of agency officer having authority over such vehicles

(3) One group permit shall be issued by the Department of Public Safety to the agency valid for one year, which shall permit the agency to use flashing or revolving amber lights on all vehicles listed, and any vehicles which the agency shall acquire during the year which require a flashing or revolving amber light.

(4) The group permit shall be kept by the agency in a conspicuous place subject to public view and inspection.

(5) Vehicles covered by the group permit shall not be required to display individual permits pursuant to Rule 570-11-12.

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Forms" was filed on November 29, 1973; effective January 1, 1974, as specified by the Agency.
Amended: Rule repealed and a new Rule entitled "Governmental Agency, Group Permit" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-11-.14 Repealed

History

Authority: Ga. L. 1977; Act 627
History. Original Rule entitled "Governmental Agency, Group Permit" was filed on May 12, 1976; effective June 1, 1976.
Amended: Rule repealed and a new Rule entitled "Forms" adopted. Filed June 8, 1977; effective June 28, 1977.
Amended: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Chapter 570-12 Motorcyclists' Eye Protection

Ga. Comp. R. & Regs. r. 570-12-.01 Purpose and Scope

(1) The purpose of this regulation is to establish the type of eye-protective device which complies with O.C.G.A. § 40-6-315 when a motorcycle is not equipped with a windshield.

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Purpose and Scope" was filed on September 14, 1972; effective October 4, 1972.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.02 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Definitions" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.03 Eye Protective Devices

(1) Any eye protective device which complies with the Vehicle Equipment Safety Commission's standards or any other nationally recognized standards for eye protective devices shall be approved by the commissioner of public safety.

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Eye Protective Devices" was filed on September 14, 1972; effective October 4, 1972.
Amended: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Materials" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Optical Properties of Eye Protective Devices" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.06 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Light Transmitting Ability of Eye Protective Devices" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Lens Strength--Testing Procedure for Eye Protective Devices" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.08 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Flammability Test-Plastics Only" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.09 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Cleansing" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-12-.10 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Identification and Labeling" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Chapter 570-13 Specifications for Protective Headgear for Vehicular Users

Ga. Comp. R. & Regs. r. 570-13-.01 Purpose

The purpose of this rule is to establish standards for protective headgear required by O.C.G.A. § 40-6-315.

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Scope, Purpose, and Requirements" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Amended: New title "Purpose." F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.02 Standards

The Standards for protective headgear required by O.C.G.A. § 40-6-315 shall be those standards set forth in 49 C.F.R. § 571.218 (FMVSA Standard No. 218: Motorcycle Helmets), as currently published and as hereafter amended.

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Definitions" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Amended: New title "Standards." F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.03 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Construction" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Materials" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Labeling" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.06 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Extent of Protection" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule of same title adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Sample for Testing" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule entitled "Conditioning for Testing" adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.08 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Conditioning for Testing" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule entitled "Test for Protective Headgear" adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.09 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Test for Protective Headgear" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule entitled "Penetration Test" adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.10 Repealed

History

Authority: O.C.G.A. Sec. 40-6-315, 40-6-316 and 35-2-3
History. Original Rule entitled "Penetration Test" was filed on September 14, 1972; effective October 4, 1972.
Repealed: New Rule entitled "Test of Tensile Strength of Retaining System" adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Jul. 15, 2013; eff. Aug. 4, 2013.

Ga. Comp. R. & Regs. r. 570-13-.11 Repealed

History

Authority: Ga. L. 1969 Sess., pp. 732-733 (Ga. Code Ann. 68-1814)
History. Original Rule entitled "Test of Tensile Strength of Retaining System" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Apr. 23, 1993; eff. May 13, 1993.

Ga. Comp. R. & Regs. r. 570-13-.12 Repealed

History

Authority: Ga. L. 1969 Sess., pp. 732-733 (Ga. Code Ann. 68-1814)
History. Original Rule entitled "Preparation Test Equipment" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Apr. 23, 1993; eff. May 13, 1993.

Ga. Comp. R. & Regs. r. 570-13-.13 Repealed

History

Authority: Ga. L. 1969 Sess., pp. 732-733 (Ga. Code Ann. 68-1814)
History. Original Rule entitled "Test Equipment" was filed on September 14, 1972; effective October 4, 1972.
Repealed: F. Apr. 23, 1993; eff. May 13, 1993.

Chapter 570-14 Repealed

Ga. Comp. R. & Regs. r. 570-14-.01 Repealed

History

Authority: Ga. L. 1973, p. 444. Effective December 19, 1973
History. Original Rule was filed on November 29, 1973; effective December 19, 1973.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-14-.02 Repealed

History

Authority: Ga. L. 1973, p. 444. Effective December 19, 1973
History. Original Rule was filed on November 29, 1973; effective December 19, 1973.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-14-.03 Repealed

History

Authority: Ga. L. 1973, p. 444. Effective December 19, 1973
History. Original Rule was filed on November 29, 1973; effective December 19, 1973.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Ga. Comp. R. & Regs. r. 570-14-.04 Repealed

History

Authority: Ga. L. 1973, p. 444. Effective December 19, 1973
History. Original Rule was filed on November 29, 1973; effective December 19, 1973.
Repealed: F. Dec. 19, 2012; eff. Jan. 8, 2013.

Chapter 570-15 Repealed

Ga. Comp. R. & Regs. r. 570-15-.01 Repealed

History

Authority: O.C.G.A. Secs. 17-6-11, 40-5-4, 40-5-56
History. Original Rule entitled "Forms Issued by Department of Public Safety Involving Driver License Permit to Be Used for Bail" adopted. F. Nov. 29, 1973; eff. Jan. 1, 1974, as specified by the Agency.
Amended: ER. 570-15-0.6-.01 entitled "Drivers License as Bail in Traffic Violation Arrests" adopted. F. Mar. 13, 1980; eff. Apr. 1, 1980, as specified by the Agency.
Amended: Permanent Rule adopted. F. May 16, 1980; eff. June 5, 1980.
Repealed: New Rule of same title adopted. F. Nov. 18, 1998; eff. Dec. 8, 1998.
Amended: F. Nov. 23, 1999; eff. Dec. 13, 1999.
Amended: F. May 8, 2000; eff. May 28, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-15-.02 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-56
History. Original Rule entitled "Effective Date" adopted. F. Nov. 29, 1973; eff. Jan. 1, 1974, as specified by the Agency.
Amended: ER. 570-15-0.6-.02 entitled "Suspension of Operating Privilege for Failure to Respond to Citation" adopted. F. Mar. 13, 1980; eff. Apr. 1, 1980, as specified by the Agency.
Amended: Permanent Rule adopted. F. May 16, 1980; eff. June 5, 1980.
Repealed: New Rule of same title adopted. F. Nov. 18, 1998; eff. Dec. 8, 1998.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-15-.03 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-56
History. Original Rule entitled "Forms" adopted as ER. 570-15-0.6-.03. F. Mar. 13, 1980; eff. Apr. 1, 1980, as specified by the Agency.
Amended: Permanent Rule adopted. F. May 16, 1980; eff. June 5, 1980.
Repealed: New Rule of same title adopted. F. Nov. 18, 1998; eff. Dec. 8, 1998.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-16 Repealed

Ga. Comp. R. & Regs. r. 570-16-.01 Repealed

History

Authority: O.C.G.A. Secs. 40-16, 43-16et seq
History. Original Rule entitled "Scope of Regulation" adopted. F. Nov. 29, 1973; eff. Dec. 19, 1973.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Chapter 570-17 Repealed

Ga. Comp. R. & Regs. r. 570-17-.01 Repealed

History

Authority: Ga. L. 1975, pp. 1008, 1022. (Ga. Code Ann., Sec. 68B-216). O.C.G.A. Secs. 40-5-4, 40-5-34
History. Original Rule entitled "Driver Licensing Guidelines for Drivers License Advisory Board" was filed on November 10, 1974; effective November 30, 1974.
Amended: Rule repealed and a new Rule of same title adopted. Filed December 11, 1975, effective December 31, 1975.
Amended: Rule retitled "Purpose" adopted. F. Apr. 23, 1993; eff. May 13, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.02 Repealed

History

Authority: Ga. L. 1975, pp. 1008, 1022 (Ga. Code Ann., Sec. 68B-216); O.C.G.A. Sec. 40-5-4, 40-5-34
History. Original Rule entitled "Alterations of Consciousness" was filed on November 10, 1974; effective November 30, 1974.
Amended: Filed December 11, 1975; effective December 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Apr. 23, 1993; eff. May 13, 1993.
Amended F.Nov. 28, 2001; eff. Dec. 18, 2001.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.03 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Cardiovascular Function" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Hearing" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Mental Condition" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.06 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Musculoskeletal Performance" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Respiratory Function" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.08 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Vision" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. May 11, 1992; eff. May 31, 1992.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.09 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-59
History. Original Rule entitled "Incapacitated Drivers; Procedures" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. May 11, 1992; eff. May 31, 1992.
Amended: F. Sept. 29, 1992; eff. Oct. 19, 1992.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-17-.10 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Applicants - Physical and Mental Condition" adopted. F. Nov. 10, 1974; eff. Nov. 30, 1974.
Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-18 Repealed

Ga. Comp. R. & Regs. r. 570-18-.01 Repealed

History

Authority: Ga. L. 1974, pp. 123, 124; O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Insurance Certification Required for Vehicle Licensing" was filed on November 5, 1974; effective November 25, 1974.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. September 11, 2002; eff. October 1, 2002.

Ga. Comp. R. & Regs. r. 570-18-.02 Repealed

History

Authority: Ga. L. 1974, p. 123, as amended; O.C.G.A. Sec. 33-34-5
History. Original Rule entitled "Certification of Insurance: Requirements" was filed on November 5, 1974; effective November 25, 1974.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: F. Apr. 23, 1999; eff. May 13, 1999.
Repealed: F. September 11, 2002; eff. October 1, 2002.

Ga. Comp. R. & Regs. r. 570-18-.03 Repealed

History

Authority: O.C.G.A. Secs. 33-34-12, 40-5-71
History. Original Rule entitled "Officer's Check of Insurance: Forms and Procedure" was filed on November 5, 1974; effective November 25, 1974.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: Filed November 4, 1982; effective November 24, 1982.
Amended: Filed April 7, 1983; effective April 27, 1983.
Amended: F. May 29, 1991; eff. June 18, 1991.
Repealed: F. September 11, 2002; eff. October 1, 2002.

Ga. Comp. R. & Regs. r. 570-18-.04 Repealed

History

Authority: O.C.G.A. § 40-5-2
History. Original Rule entitled "Verification of Insurance Forms and Procedure" was filed on November 5, 1974; effective November 25, 1974.
Amended: Rule repealed. Filed November 4, 1982; effective November 24, 1982.
Amended: Rule entitled "Provision of Information to Insurers for Claims Investigation Activities, Antifraud Activities, Rating, or Underwriting" readopted. Filed December 4, 2001; effective December 24, 2001.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-18-.05 Repealed

History

Authority: O.C.G.A. Sec. 33.34-12
History. Original Rule entitled "Owner Required to Keep Evidence of Insurance in Vehicle" was filed on November 5, 1974; effective November 25, 1974.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: Rule repealed and a new Rule of same title adopted. Filed November 4, 1982; effective November 24, 1982.
Repealed: F. September 11, 2002; eff. October 1, 2002.

Ga. Comp. R. & Regs. r. 570-18-.06 Repealed

History

Authority: O.C.G.A. § 33-34-12, 40-5-71, 40-5-2(c)(1)(B)(ii); 40-5-2(j)
History. Original Rule entitled "Application for Self-Insurance" was filed on November 5, 1974; effective November 25, 1974.
Amended: Rule repealed and a new Rule of same title adopted. Filed November 4, 1982; effective November 24, 1982.
Amended: Filed November 8, 1985; effective November 28, 1985.
Amended: Filed January 13, 1986; effective February 2, 1986.
Amended: Filed January 12, 1987; effective February 1, 1987.
Repealed: F. May 29, 1991; eff. June 18, 1991.
Amended: Rule entitled "Fee for limited rating information" Readopted. Filed December 4, 2001; effective December 24, 2001.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-18-.07 Repealed

History

Authority: O.C.G.A. Secs. 33-34-12, 40-5-71
History. Original Rule entitled "Cancellation of Self-Insurance for Non-Payment of Claim" was filed on November 5, 1974; effective November 25, 1974.
Amended: Rule repealed and a new Rule entitled "Renewal and Cancellation of Self-Insurance Certificates" adopted. Filed November 4, 1982; effective November 24, 1982.
Amended: Filed November 8, 1985; effective November 28, 1985.
Repealed: F. May 29, 1991; eff. June 18, 1991.

Ga. Comp. R. & Regs. r. 570-18-.08 Repealed

History

Authority: O.C.G.A. Secs. 33-34-12, 40-5-4, 40-16, 40-5-71, 43-16et seq
History. Original Rule entitled "Notification of Cancellation of Insurance Policy" was filed on November 5, 1974; effective November 25, 1974.
Amended: Rule repealed and a new Rule of same title adopted. Filed April 14, 1976; effective May 4, 1976.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: Filed July 9, 1980; effective July 29, 1980.
Amended: Filed August 8, 1986; effective August 28, 1986.
Amended: Filed September 8, 1987; effective September 28, 1987.
Amended: F. May 29, 1991; eff. June 18, 1991.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-18-.09 Repealed

History

Authority: O.C.G.A. Secs. 33-34-12, 40-5-4, 40-16, 40-5-71, 43-16et seq
History. Original Rule entitled "Notification of Cancellation: Form" was filed on November 5, 1974; effective November 25, 1974.
Amended: Filed September 15, 1977; effective October 5, 1977.
Amended: Rule repealed and a new Rule of same title adopted. Filed July 9, 1980; effective July 29, 1980.
Amended: Filed November 4, 1982; effective November 24, 1982.
Amended: Filed August 8, 1986; effective August 28, 1986.
Amended: F. May 29, 1991; eff. June 18, 1991.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-18-.10 Repealed

History

Authority: O.C.G.A. Secs. 33-34-12, 40-5-4, 40-16, 40-5-71, 43-16et seq
History. Original Rule entitled "Sixty-One Day Policy" was filed on November 4, 1982; effective November 24, 1982.
Amended: Rule repealed and a new Rule of same title adopted. Filed August 8, 1986; effective August 28, 1986.
Repealed: New Rule of same title adopted. F. May 29, 1991; eff. June 18, 1991.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-18-.11 Repealed

History

Authority: O.C.G.A. Secs. 33-34-13, 40-5-4, 40-16, 43-16et seq
History. Original Rule entitled "Procedure for Amending Cancellations" was filed on September 8, 1987; effective September 28, 1987.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-18-.12 Repealed

History

Authority: O.C.G.A. Secs. 33-34-13, 40-5-4, 40-5-71
History. Original Rule entitled "Reinstatement Procedures for Insurance Suspensions" was filed on September 8, 1987; effective September 28, 1987.
Amended: F. July 11, 1988; effective July 31, 1988.
Amended: F. May 29, 1991; eff. June 18, 1991.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-18-.13 Repealed

History

Authority: O.C.G.A. Secs. 33-7-11, 40-5-4, 40-5-71, 40-6-12, 40-9-2 and 40-9-37
History. Original Rule entitled "Reinstatement Procedures for Suspensions Based on Second or Subsequent Convictions for No Proof of Insurance" was filed on September 8, 1987; effective September 28, 1987.
Repealed: New Rule of same title adopted. F. May 29, 1991; eff. June 18, 1991.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: F. Apr. 23, 1999; eff. May 13, 1999.
Amended: F. September 5, 2001; eff. September 25, 2001.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-19 Repealed

Ga. Comp. R. & Regs. r. 570-19-.01 Repealed

History

Authority: Ga. L. 1972 pp. 1148, 1149. O.C.G.A. § 17-6-11, 40-5-56 and 35-2-3
History. Original Rule was filed and effective on May 13, 1975 as Emergency Rule 570-19-0.4-.01, entitled "Emergency Rule Providing for the Use of the Form DPS-32, Uniform Traffic Citation, Summons, Accusation," to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule repealed and permanent Rule entitled "Rule Providing for the Use of the Form DPS-32, Uniform Traffic Citation, Summons, Accusation" adopted. Filed August 8, 1975; effective August 28, 1975.
Amended: Filed April 14, 1976; effective May 4, 1976.
Amended: Filed March 17, 1978; effective April 6, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed November 15, 1979; effective April 1, 1980, as specified by Certification of said Rule.
Amended: Filed June 6, 1983; effective June 26, 1983.
Amended: F. Jun. 12, 1989; eff. July 2, 1989.
Repealed: New Rule, same title, adopted. F. Nov. 18, 1998; eff. Dec. 8, 1998.
Amended: F. Mar. 22, 1999; eff. Apr. 11, 1999.
Amended: F. Apr. 25, 2000; eff. May 15, 2000.
Amended: F. November 30, 2001; eff. December 20, 2001.
Amended: F. Nov. 14, 2003; eff. Dec. 4, 2003.
Amended: F. Dec. 14, 2004; eff. Jan. 3, 2005.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-19-.02 Repealed

History

Authority: O.C.G.A. Sec. 40-5-4
History. Original Rule entitled "Numbering and Accountability for Form DPS-32" adopted. F. Aug. 8, 1975; eff. Aug. 28, 1975.
Amended: F. Apr. 14, 1976; eff. May 4, 1976.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-19-.03 Repealed

History

Authority: O.C.G.A. Section 17-6-11
History. Original Rule entitled "Proof of Service When License Surrendered in Lieu of Bail" was filed on July 11, 1988; effective July 31, 1988.
Repealed: New Rule entitled "Proof of Service When License is Displayed in Lieu of Bail" adopted. F. Nov. 18, 1998; eff. Dec. 8, 1998.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-20 Repealed

Ga. Comp. R. & Regs. r. 570-20-.01 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Organization" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 7, 1984; effective June 27, 1984.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.02 Repealed

History

Authority: Ga. L. 1973, Act 1495, (Ga. Code Title 68D); O.C.G.A. Secs. 33-9-42, 40-5-83, 40-5-88
History. Original Rule entitled "Definitions" was filed on August 9, 1978; effective August 29, 1978.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Filed June 5, 1987; effective June 25, 1987.
Amended: F. Jan. 15, 1992; eff. Feb. 4, 1992.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.03 Repealed

History

Authority: O.C.G.A. Secs. 40-5-80, 40-5-83, 40-5-85.1
History. Original Rule entitled "Department of Public Safety Employees" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule repealed and Emergency Rule 570-20-0.11-.03 of the same title, adopted. Filed April 7, 1983; effective April 6, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule repealed and a new Rule of the same title adopted. Filed June 6, 1983; effective June 26, 1983.
Amended: Rule repealed and a new Rule entitled "Department of Public Safety Employees and Other Members and/or Employees of the Criminal Justice System" adopted. Filed February 8, 1985; effective February 28, 1985.
Amended: Filed August 16, 1985; effective September 5, 1985.
Repealed: New Rule of same title adopted. F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.04 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Clinic Requirements Application" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule amended by Emergency Rule 570-20-0.11-.04. Filed April 7, 1983; effective April 6, 1983, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule repealed and Rule amended. Filed June 6, 1993; effective June 26, 1983.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Filed August 16, 1985; effective September 5, 1985.
Amended: Filed June 5, 1987; effective June 25, 1987.
Amended: Filed July 11, 1988; effective July 31, 1988.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Jan. 15, 1992; eff. Feb. 4, 1992.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Amended: F. May 13, 1994; eff. June 2, 1994;
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Nontransferability" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule 570-20-.05 renumbered as 570-20-.06 and anew Rule 570-20-.05 entitled "Qualifications of Clinic Owners" adopted. Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.06 Repealed

History

Authority: Ga. L. 1978, Act 1495, (Ga. Code Title 68D); O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Display of License" was filed on August 9, 1978; effective August 29, 1978.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: This Rule renumbered as 570-20-.07 and Rule 570-20-.05 entitled "Nontransferability" renumbered as 570-20-.06. Filed June 10, 1985; effective June 30, 1985.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Changes of Officers or Address" was filed on August 9, 1978; effective August 29, 1978.
Amended: This Rule renumbered as 570-20-.08 and Rule 570-20-.06 entitled "Display of License" renumbered as 570-20-.07. Filed June 10, 1985; effective June 30, 1985.
Amended: Filed July 11, 1988; effective July 31, 1988.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.08 Repealed

History

Authority: O.C.G.A. Secs. 40-5-83
History. Original Rule entitled "Location of Clinic" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule amended by Emergency Rule 570-20-0.11-.08. Filed April 7, 1983; effective April 6, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule 570-20-0.11-.08 repealed and Rule amended. Filed June 6, 1983; effective June 26, 1983.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: This Rule 570-20-.08 renumbered as Rule 570-20-.09 and Rule 570-20-.07 entitled "Changes of Officers or Address" renumbered as 570-20-.08. Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.09 Repealed

History

Authority: Ga. L. 1978, Act 1495, Ga. Code Title 68D; O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Office Requirements" was filed on August 9, 1978; effective August 29, 1978.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Filed November 7, 1984; effective November 27, 1984.
Amended: This Rule 570-20-.09 renumbered as 570-20-.10 and Rule 570-20-.08 entitled "Location of Clinic" amended and renumbered as 570-20-.09. Filed June 10, 1985; effective June 30, 1985.
Repealed: New rule of the same title adopted. F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.10 Repealed

History

Authority: O.C.GA Secs. 40-5-80, 40-5-83
History. Original Rule entitled "Name of Clinic" was filed on August 9, 1978; effective August 29, 1978.
Amended: This Rule renumbered as Rule 570-20-.11 and Rule 570-20-.09 entitled "Office Requirements" renumbered as 570-20-.10. Filed June 10, 1985; effective June 30, 1985.
Amended: Filed June 5, 1987; effective June 25, 1975.
Amended: Filed July 11, 1988; effective July 31, 1988.
Repealed: New Rule of same title adopted. F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Aug. 12, 1993; eff. Sept. 1, 1993.
Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.11 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Driver Improvement Clinic Advertising" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule amended by Emergency Rule 570-20-0.11-.11. Filed April 7, 1983; effective April 6, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule 570-20-0.11-.11 repealed and Rule amended. Filed June 6, 1983; effective June 26, 1983.
Amended: This Rule renumbered as 570-20-.12 and Rule 570-20-.10 entitled "Name of Clinic" renumbered as 570-20-.11. Filed June 10, 1985; effective June 30, 1985.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.12 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Responsibility for Employees" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule amended by Emergency Rule 570-20-0.11-.12. Filed April 7, 1983; effective April 6, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.
Amended: Emergency Rule 570-20-0.11-.12 repealed and Rule amended. Filed June 6, 1983; effective June 26, 1983.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: Filed November 7, 1984; effective November 27, 1984.
Amended: This Rule renumbered as 570-20-.13 and Rule 570-20-.11 entitled "Driver Improvement Clinic Advertising" renumbered as 570-20-.12. Filed June 10, 1985; effective June 30, 1985.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.13 Repealed

History

Authority: Ga. L. 1978, Act 1495. Ga. Code Title 68D; O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Records and Contracts" was filed on August 9, 1978; effective August 29, 1978.
Amended: Filed June 10, 1982; effective June 30, 1982.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: This Rule renumbered as 570-20-.14 and Rule 570-20-.12 entitled "Responsibility for Employees" renumbered as 570-20-.13. Filed June 10, 1985; effective June 30, 1985.
Amended: Filed August 16, 1985; effective September 5, 1985.
Amended: Filed January 12, 1987; effective February 1, 1987.
Amended: Filed July 11, 1988; effective July 31, 1988.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Jan. 15, 1992; eff. Feb. 4, 1992.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.14 Repealed

History

Authority: Ga. L. 1978, Act 1495, Ga. Code Title 68D; O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Contents of Contracts" was filed August 9, 1978; effective August 29, 1978.
Amended: Filed June 7, 1984; effective June 27, 1984.
Amended: This Rule renumbered as 570-20-.15 and Rule 570-20-.13 entitled "Records and Contracts" renumbered as 570-20-.14. Filed June 10, 1985; effective June 30, 1985.
Amended: Filed June 5, 1987; effective June 25, 1987.
Amended: Filed July 11, 1988; effective July 31, 1988.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: Filed June 10, 2002; effective June 30, 2002.

Ga. Comp. R. & Regs. r. 570-20-.15 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Qualifications of Instructors" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Amended: ER. 570-20-0.11-.15 adopted. F. Apr. 7, 1983; eff. Apr. 6, 1983, the date of adoption.
Amended: Permanent Rule adopted. F. June 6, 1983; eff. June 26, 1983.
Repealed: New Rule of same title adopted. F. June 7, 1984; eff. June 27, 1984.
Repealed: New Rule entitled "Contents of Contracts" adopted. F. June 10, 1985; eff. June 30, 1985.
Amended: F. July 11, 1988; eff. July 31, 1988.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Jan. 15, 1992; eff. Feb. 4, 1992.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.16 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Suspension or Cancellation of License of Clinic and/or Instructor" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Amended: F. June 10, 1982; eff. June 30, 1982.
Amended: F. June 7, 1984; eff. June 27, 1984.
Amended: New Rule entitled "Qualifications of Instructors" adopted. F. June 10, 1985; eff. June 30, 1985.
Amended: F. Aug. 16, 1985; eff. Sept. 5, 1985.
Amended: F. July 11, 1988; eff. July 31, 1988.
Repealed: New Rule of same title adopted. F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Amended: F. Sept. 20, 1996; eff. Oct. 10, 1996.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.17 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Complaints" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Repealed: New Rule entitled "Suspension or Cancellation of License of Clinic and/or Instructor" adopted. F. June 10, 1985; eff. June 30, 1985.
Amended: F. July 11, 1988; eff. July 31, 1988.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.18 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Contractual Bond Requirements" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Repealed: New Rule entitled "Complaints" adopted. F. June 10, 1985; eff. June 30, 1985.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.19 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Point Count Reduction" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Amended: F. Aug. 5, 1982; eff. Aug. 25, 1982.
Amended: F. June 7, 1984; eff. June 27, 1984.
Repealed: New Rule entitled "Contractual Bond Requirements" adopted. F. June 10, 1985; eff. June 30, 1985.
Repealed: New Rule entitled "Fees" adopted. F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.20 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Requirements for Reinstatement" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Repealed: New Rule entitled "Requirements for Reinstatement Pursuant to the Driver Improvement Act" adopted. F. June 7, 1984; eff. June 27, 1984.
Repealed: New Rule entitled "Point Count Reduction" adopted. F. June 10, 1985; eff. June 30, 1985.
Repealed: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: New Rule entitled "Contractual Bond Requirements" adopted. F. Dec. 8, 1992; eff. Dec. 28, 1992.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.21 Repealed

History

Authority: O.C.G.A. Secs. 40-5-4, 40-5-83
History. Original Rule entitled "Fees" adopted. F. Aug. 9, 1978; eff. Aug. 29, 1978.
Repealed: New Rule entitled "Requirements for Reinstatement Pursuant to the Driver Improvement Act" adopted. F. June 10, 1985; eff. June 30, 1985.
Repealed: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Amended: New Rule entitled "Submission of Proof of Completion" adopted. F. May 13, 1994; eff. June 2, 1994.
Repealed: F. Feb. 20, 2003; eff. Mar. 12, 2003.

Ga. Comp. R. & Regs. r. 570-20-.22 Repealed

History

Authority: O.C.G.A. Sec. 40-5-83
History. Original Rule entitled "Forms" was filed on August 9, 1978; effective August 29, 1978.
Amended: Rule repealed by Emergency Rule 570-20-0.11-.22. Filed April 7, 1983; effective April 6, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule as specified by the Agency.
Amended: Emergency Rule 570-20-0.11-.22 repealed. Filed June 6, 1983; effective June 26, 1983.
Amended: Rule 570-20-.21, entitled "Fees" renumbered as 570-20-.22. Filed June 10, 1985; effective June 30, 1985.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 5, 1987; effective June 25, 1987.
Repealed: F. Nov. 9, 1990; eff. Nov. 29, 1990.

Chapter 570-21 Repealed

Ga. Comp. R. & Regs. r. 570-21-.01 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Administration" was filed on October 1, 1980; effective October 21, 1980.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.02 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Definitions" was filed on October 1, 1980; effective October 21, 1980.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.03 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Appointment of Official Motor Vehicle Emission Inspection Stations" was filed on October 1, 1980; effective October 21, 1980.
Amended: Emergency Rule 570-21-0.8-.03 adopted. Filed March 5, 1982; effective March 3, 1982, the date of adoption to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Said Emergency Rule repealed subparagraphs (1)(c), (1)(e)1., and (1)(f)1. and adopted new subparagraphs of the same numbers.
Amended: Emergency Rule 570-21-0.8-.03 repealed and permanent subparagraphs (1)(c), (1)(e)1., and (1)(f)1. adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Filed August 5, 1982; effective August 25, 1982.
Amended: Filed May 12, 1986; effective June 1, 1986.
Amended: Filed June 5, 1987; effective June 25, 1987.
Amended: Filed October 13, 1987; effective November 2, 1987.
Amended: F. Jun. 12, 1989; eff. July 2, 1989.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.04 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Renewal of Certificate of Authorization: Failure to Renew Same" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.05 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Appointment of Mechanic Inspectors" was filed on October 1, 1980; effective October 21, 1980.
Amended: filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.06 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Renewal of Mechanic Inspector Permit" was fled on October 1, 1980; effective October 21, 1980.
Amended: Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.07 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Official Station on Military Installations" was filed on October 1, 1980; effective October 21, 1980.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.08 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Display of Sign Required" was filed on October 1, 1980; effective October 21, 1980.
Amended: Emergency Rule 570-21-0.8-.08 adopted. Filed March 5, 1982; effective March 3, 1982, the date of adoption to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Said Emergency Rule repealed paragraph (1) and adopted a new paragraph (1).
Amended: Emergency Rule 570-21-0.8-.08 repealed and a permanent paragraph (1) adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Filed May 12, 1986; effective June 1, 1986.
Amended: Filed October 13, 1987; effective November 2, 1987.
Amended: F. Nov. 9, 1990; eff. Nov. 29, 1990.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.09 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Change of Location or Name of Emission Inspection Stations; Going Out of Business; Change of Ownership; Cancellation; Suspension" was filed on October 1, 1980; effective October 21, 1980.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.10 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Repairs; Charges; Owner's Consent" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed April 9, 1982; effective April 29, 1982.
Amended: Filed August 5, 1983; effective August 25, 1983.
Amended: Filed October 11, 1983; effective October 31, 1983.
Amended: Filed June 5, 1987; effective June 25, 1987.
Amended: Filed September 8, 1987; effective September 28, 1987.
Amended: Title changed to "Repairs: Reports, Failures, Reinspections, Owner's Consent" and Rule amended. Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.11 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Expiration Period of Emission Inspection Stickers" was filed on October 1, 1980; effective October 21, 1980.
Amended: Emergency Rule 570-21-0.8-.11 adopted. Filed March 5, 1982; effective March 3, 1982, the date of adoption to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Said Emergency Rule repealed paragraph (2) and adopted a new paragraph (2).
Amended: Emergency Rule 570-21-0.8-.11 repealed and a permanent paragraph (2) adopted. Filed June 10, 1982; effective June 30, 1982.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.12 Repealed

History

Authority: Ga. Code Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40, 40-8-162
History. Original Rule entitled "Vehicles Returning to State: In State Vehicles Not Previously Required to be Inspected" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed December 15, 1988; effective January 4, 1989.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.13 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-156
History. Original Rule entitled "Purchase of a Vehicle" was filed on October 1, 1980; effective October 21, 1980.
Amended: Emergency Rule 570-21-0.8-.13 adopted. Filed March 5, 1982; effective March 3, 1982, the date of adoption to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Said Emergency Rule repealed paragraph (1) and adopted a new paragraph (1).
Amended: Emergency Rule 570-21-0.8-.13 repealed and a permanent paragraph (1) adopted. Filed June 10, 1982; effective June 30, 1982.
Amended: Filed July 7, 1986; effective July 27, 1986.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.14 Repealed

History

Authority: Ga. Code. Ann. Section 68-2513, O.C.G.A. Sec. 12-9-40
History. Original Rule entitled "Sale of Vehicle for Parts of Salvage" was filed on October 1, 1980; effective October 21, 1980.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.15 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Emission Inspection Sticker Location" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule repealed and a new Rule of same title adopted. Filed August 5, 1983; effective August 25, 1983.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.16 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Completion of Emission Inspection Sticker, Loss, Theft, Transferability of Same" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule repealed and a new Rule of same title adopted. Filed May 12, 1986; effective June 1, 1986.
Amended: Filed October 13, 1987; effective November 2, 1987.
Repealed: New Rule of same title adopted. F. Jun. 12, 1989; eff. July 2, 1989.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.17 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Certificates of Emission" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.18 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Defective, Unused, and Void Emission Inspection Stickers" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule repealed and Rule 570-21-.19 entitled "Credit for Defective Emission Inspection Certificates, Stickers" amended and renumbered as Rule 570-21-.18. Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.19 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Credit for Defective Emission Inspection Certificates, Stickers" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule renumbered as 570-21-. 18 and Rule 570-21-.20 entitled "Reports" renumbered as 570-21-.19; said Rule repealed and a new Rule adopted. Filed October 13, 1987; effective November 2, 1987.
Repealed: New Rule of same title adopted. F. Jun. 12, 1989; eff. July 2, 1989.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.20 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Monthly Reports" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed May 12, 1986; effective June 1, 1986.
Amended: Rule renumbered as Rule 570-2 1-.19 and Rule 570-21-.21 entitled "Violation of Law or Rules: Penalty" renumbered as 570-21-.20. Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.21 Repealed

History

Authority: O.C.G.A. Secs. 12-9-40, 40-8-162
History. Original Rule entitled "Violation of Law or Rules: Penalty" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule renumbered as 570-21-.20 and Rule 570-21-.22 entitled "Hearings" renumbered as 570-21-.21. Filed October 13, 1987; effective November 2, 1987.
Repealed: F. Aug. 6, 1992; eff. Aug. 26, 1992.

Ga. Comp. R. & Regs. r. 570-21-.22 Repealed

History

Authority: Ga. Code Ann. Sec. 68-2513
History. Original Rule entitled "Hearings" was filed on October 1, 1980; effective October 21, 1980.
Amended: Rule renumbered as 570-21-.21. Filed October 13, 1987; effective November 2, 1987.

Ga. Comp. R. & Regs. r. 570-21-.23 Repealed

History

Authority: Ga. Code Ann. Section 68-2513
History. Original Rule entitled "Forms" was filed on October 1, 1980; effective October 21, 1980.
Amended: Filed April 9, 1982; effective April 29, 1982.
Amended: Rule repealed. Filed October 13, 1987; effective November 2, 1987.

Chapter 570-22 Safety Glazing Material and Window Tinting Manufacturer and Installer Requirements

Ga. Comp. R. & Regs. r. 570-22-.01 Safety Glazing for Motor Vehicles

Safety glazing installed in motor vehicles shall be of a type manufactured, certified, marked and installed according to the requirements of 49 C.F.R. § 571.205 (Federal Motor Vehicle Standard 205) and as it may be amended.

History

Authority: O.C.G.A. 40-8-78
History. Original Rule entitled "Administration" adopted. F. Aug. 5, 1982; eff. Aug. 25, 1982.
Amended: New title "Safety Glazing for Motor Vehicles." F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-22-.02 Repealed

History

Authority: O.C.G.A. 40-8-78
History. Original Rule entitled "Identification" adopted. F. Aug. 5, 1982; eff. Aug. 25, 1982.
Repealed: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-22-.03 Repealed

History

Authority: O.C.G.A. 40-8-78
History. Original Rule entitled "Testing and Approval" adopted. F. Aug. 5, 1982; eff. Aug. 25, 1982.
Repealed: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-22-.04 Repealed

History

Authority: O.C.G.A. 40-8-78
History. Original Rule entitled "Approved Listing" adopted. F. Aug. 5, 1982; eff. Aug. 25, 1982.
Repealed: F. Feb. 21, 2013; eff. Mar. 13, 2013.

Ga. Comp. R. & Regs. r. 570-22-.05 Window Tinting

(1) No material, except as authorized by O.C.G.A. Section 40-8-73.1(c)(2) -(5) , shall be attached or affixed to the front windshield of any motor vehicle which reduces the light transmission through such windshield. No material shall be attached or affixed to the windshield of any motor vehicle which increases light reflectance of such windshield.

(2) No material, except as authorized by O.C.G.A. Section 40-8-73.1(b)(2) , shall be attached or affixed to the windows to the right and left of the driver of any motor vehicle which reduces the light transmission through such windows or increases light reflectance of such windows.

(3) Each person, firm, or corporation that installs or attaches any material to vehicle glass shall certify that the light transmission through such glass after such installation or attachment does not reduce light transmission through such glass to less than or light reflectance to more than that authorized by O.C.G.A. Section 40-8-73.1(b)(2) .

History

Authority: O.C.G.A. Sec. 40-8-73.1
History. Original Rule entitled "Exemptions" adopted. F. Nov. 7, 1984; eff. Nov. 27, 1984.
Repealed: New Rule entitled "Window Tinting Requirements" adopted. F. Dec. 11, 1989; eff. Dec. 31, 1989.
Repealed: New Rule entitled "Window Tinting" adopted. F. Dec. 21, 2006; eff. Jan. 10, 2007.

Ga. Comp. R. & Regs. r. 570-22-.06 Limited Exemptions

(1) Any person requesting an exemption from O.C.G.A. Section 40-8-73.1 who is required for medical reasons to be shielded from the direct rays of the sun shall submit to the Department of Public Safety Permit Section an application for Limited Exemption Notice upon such form as shall be prescribed and provided by the Department.

(2) All applications must be supported by written attestation that the applicant, for medical reasons, requires shielding from the direct rays of the sun. The attestation shall include the specific medical diagnosis requiring such shielding and shall be entered upon such form as shall be provided by the Department. Such attestation shall be signed by a person licensed to practice medicine under O.C.G.A. Chapter 34 of Title 43 or by a person licensed to practice optometry under O.C.G.A. Chapter 30 of Title 43.

(3) If the applicant is not the owner of the vehicle for which the limited exemption is sought, the application shall be signed by both the vehicle owner and the habitual occupant requiring shielding from the direct rays of the sun. Each application shall be accompanied by a ten dollar ($10.00) non refundable application fee payable in such manner as noted on the application form.

(4) Upon receipt by the Department of Public Safety Permit Section of the application and doctor's attestation, the Commissioner or his designee may, in his discretion, authorize and issue a limited exemption notice for said applicant. Such limited exemption shall apply to such motor vehicle owned by such person or in which such person is a habitual passenger. The limited exemption from provisions of O.C.G.A. 40-8-73.1 shall not allow the reduction of light transmission through the windshield and shall not allow the reduction of light transmission through the windows to the right and left of the driver to less than 23 percent, plus or minus 3 percent.

(5) Such limited exemption shall be carried in the vehicle at all times and shall be displayed by the vehicle operator upon request of any police officer as defined in O.C.G.A. Section 40-1-1(46) .

(6) No exemption shall be granted for any condition for which protection from the direct rays of the sun can be adequately provided by use of eye protective devices.

(7) All inquiries may be answered by contacting the Permit Section.

History

Authority: O.C.G.A. Sec. 40-8-73.1
History. Original Rule entitled "Exemptions" adopted. F. Dec. 11, 1989; eff. Dec. 31, 1989.
Repealed: New Rule entitled "Limited Exemptions" adopted. F. Dec. 21, 2006; eff. Jan. 10, 2007.

Chapter 570-23 Repealed

Ga. Comp. R. & Regs. r. 570-23-.01 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Scope" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.02 Repealed

History

Authority: O.C.G.A. Secs. 20-2-142, 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Course Content" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Amended: F. Aug. 12, 1994; eff. Sept. 1, 1994.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.03 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Materials" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.04 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Certificates" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Amended: F. Dec. 31, 2003; eff. Jan. 20, 2004.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.05 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Instructor Requirements" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.06 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Scheduling" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.07 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Effective Dates" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.08 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Alternate Courses" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.09 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Testing" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.10 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Test Score" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-23-.11 Repealed

History

Authority: O.C.G.A. Secs. 20-2-285.1, 40-16, 43-16et seq
History. Original Rule entitled "Oral Test" adopted. F. Oct. 11, 1983; eff. Oct. 31, 1983.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Chapter 570-24 Repealed

Ga. Comp. R. & Regs. r. 570-24-.01 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Organization" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.02 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Scope" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.03 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Definitions" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Advisory Committee Standards" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. Nov. 13, 1997; eff. Dec. 3, 1997.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Chief Instructor Qualifications" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.06 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Instructor Qualifications" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. Oct. 7, 1993; eff. Oct. 27, 1993.
Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.
Amended: F. Apr. 15, 1997; eff. May 5, 1997.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Sponsor Requirements" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.08 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Financial and Material Assistance" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.09 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Site Requirements" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.10 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Instructor Preparation" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.11 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Student Enrollment Requirements" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. Dec. 15, 1988; eff. Jan. 4, 1989.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.12 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Reimbursement" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.13 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Fees and Charges" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. May 29, 1991; eff. June 18, 1991.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.14 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Curricula and Delivery Standards" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Amended: F. Dec. 15, 1988; eff. Jan. 4, 1989.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Ga. Comp. R. & Regs. r. 570-24-.15 Repealed

History

Authority: O.C.G.A. Sec. 40-15-3
History. Original Rule entitled "Public Awareness and Promotion" adopted. F. Apr. 6, 1987; eff. Apr. 26, 1987.
Repealed: F. Sept. 18, 2003; eff. Oct. 8, 2003.

Chapter 570-25 Repealed

Ga. Comp. R. & Regs. r. 570-25-.01 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Applications" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.02 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Commercial Driver's License Exemptions" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.03 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Affidavit for Changes on CDL" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.04 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Minimum Physical Requirements Required to Obtain a Commercial Driver's License" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.05 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Exemptions from Medical Requirements" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.06 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Driver Qualifications" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.07 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Suspensions" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.08 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Failures Written/Skills Test" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.09 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Knowledge Test and Endorsement Tests" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.10 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Vehicle Requirements - Commercial Driver's License Skills Test" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.11 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Skills Test Disqualifications" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.12 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Skills Test for Commercial Driver's License" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.13 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Qualifications for Third Party Tester/Examiner" adopted F. Aug. 6, 1992; eff. Aug. 26, 1992.
Amended: F. Apr. 18, 1994; eff. May 8, 1994.
Amended: F. Feb. 2, 1995; eff. Feb. 22, 1995.
Amended: F. Jul. 14, 1995; eff. Aug. 3, 1995.
Repealed: New Rule entitled "Third Party Tester Program. Amended." adopted F. Feb. 16, 2000; eff. Mar. 7, 2000.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.14 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Commercial Driver Out-of-Service Notification" adopted. F. Nov. 22, 1995; eff. Dec. 12, 1995.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-25-.15 Repealed

History

Authority: O.C.G.A. Secs. 40-5-156, 40-16, 43-16et seq
History. Original Rule entitled "Disqualification From Driving a Commercial Motor Vehicle" adopted. F. Nov. 22, 1995; eff. Dec. 12, 1995.
Repealed: F. Apr. 21, 2006; eff. May 11, 2006.

Chapter 570-26 Repealed

Ga. Comp. R. & Regs. r. 570-26-.01 Repealed

History

Authority: O.C.G.A. Secs. 40-5-151 to 40-5-153
History. Original Rule entitled "Applications" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-26-.02 Repealed

History

Authority: O.C.G.A. Secs. 40-5-151 to 40-5-153
History. Original Rule entitled "Affidavit for Changes on Restricted CDL" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-26-.03 Repealed

History

Authority: O.C.G.A. Secs. 40-5-151 to 40-5-153
History. Original Rule entitled "Minimum Physical Requirements Required to Obtain a Restricted Commercial Driver's License" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-26-.04 Repealed

History

Authority: O.C.G.A. Secs. 40-5-151 to 40-5-153
History. Original Rule entitled "Driver Qualifications" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-26-.05 Repealed

History

Authority: O.C.G.A. Secs. 40-5-151 to 40-5-153
History. Original Rule entitled "Suspensions" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-27 Repealed

Ga. Comp. R. & Regs. r. 570-27-.01 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Organization" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.01 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.02 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Duties and Responsibilities" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.02 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.03 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Definitions" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.03 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.04 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Provider Certification" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.04 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.05 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Device Certification" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.05 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.06 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Responsibilities of the Manufacturer of the Ignition Interlock Device" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.06 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.07 Reserved

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Competitive Bids" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.07 adopted. Rule reserved. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.

Ga. Comp. R. & Regs. r. 570-27-.08 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Departmental Authority Under Title 42, Chapter 8, Article 7 and the Rules and Regulations of This Chapter" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.08 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-27-.09 Repealed

History

Authority: O.C.G.A. Secs. 42-8-110 to 42-8-118
History. Original Rule entitled "Hearing Procedures" adopted. F. July 14, 1993; eff. August 3, 1993.
Amended: ER. 570-27-0.17-.09 adopted. F. Feb. 10, 2000; eff. Feb. 9, 2000, the date of adoption.
Amended: Permanent Rule adopted. F. Apr. 25, 2000; eff. May 15, 2000.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-28 Repealed

Ga. Comp. R. & Regs. r. 570-28-.01 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Organization" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.02 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Vehicle Driven Without Owner's Permission" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.03 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Departmental Hearing" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.04 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Contents of Demand for Security Under Safety Responsibility Act" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.05 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Security" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.06 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Disbursement of Security Based on Unsatisfied Judgment" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Ga. Comp. R. & Regs. r. 570-28-.07 Repealed

History

Authority: O.C.G.A. Sec. 40-9-3
History. Original Rule entitled "Forms Issued Under Safety Responsibility Involving Accidents" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
Repealed: F. Apr. 18, 2006; eff. May 8, 2006.

Chapter 570-29 Sound Limits from Within Motor Vehicles

Ga. Comp. R. & Regs. r. 570-29-.01 Purpose

The purpose of these rules is to define "plainly audible" regarding sound volume produced from within a motor vehicle and to establish standards used by law enforcement personnel to measure this sound volume.

History

Authority: O.C.G.A. Sec. 40-6-14
History. Original Rule entitled "Purpose" adopted F. Jul. 1, 1999; eff. July 21, 1999.

Ga. Comp. R. & Regs. r. 570-29-.02 Definitions

(1) "Plainly audible" shall mean any sound produced by a sound amplification system from within a motor vehicle which can be heard from a distance of 100 feet or more, using the sound measurement standards in Rule 570-29-.03 .

(2) "Sound amplification system" shall mean a radio, tape player, or other mechanical sound-making device or instrument.

History

Authority: O.C.G.A. Sec. 40-6-14
History. . Original Rule entitled "Definitions" adopted. F. Jul. 1, 1999; eff. July 21, 1999.

Ga. Comp. R. & Regs. r. 570-29-.03 Sound Measurement Standards

The following standards shall be used to measure sound volume produced from within a motor vehicle:

(a) Measurement shall be by the auditory senses, based on direct line of sight, from a distance of 100 or more feet from the vehicle.

(b) Words or phrases need not be discernible.

(d) The motor vehicle may be stopped, standing, parked or moving on a street or highway.

History

Authority: O.C.G.A. Sec. 40-6-14
History. . Original Rule entitled "Sound Measurement Standards" adopted. F. Jul. 1, 1999; eff. July 21, 1999.

Chapter 570-30 Public School Bus Inspection

Ga. Comp. R. & Regs. r. 570-30-.01 Organization

(1) The school bus inspection program shall apply to every public school bus as defined by O.C.G.A. 40-1-1 which is owned by a state, county, or municipal government or under contract by any independent system.

(2) The Commissioner shall appoint such employees as deemed necessary to perform both the administrative and inspectional tasks as provided by these rules.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Organization" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.02 Definitions

(1) "Employees" means "Troopers" or "other Departmental Personnel" designated to supervise the inspectional efforts and to enforce related statutes and rules.

(2) Independent school system is a municipal school system.

(3) Inspection sticker is synonymous with the term certificate of safety inspection.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.03 Fees

No fee shall be charged by the employees of the Department of Public Safety for any inspection sticker, inspection or rejection of any school bus.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Fees" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.04 Expiration Period of Inspection Sticker

The expiration date of all inspection stickers will be midnight of the last day of the month in which they are issued, one year hence. The Commissioner or his designee, for good cause shown, may extend an inspection sticker when reasons beyond the control of the Department preclude an inspection prior to the initial expiration date.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Expiration Period of Inspection Sticker" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.05 Purchase of Bus

A purchaser of a bus, which vehicle prior to subject purchase was not required to be inspected, shall be allowed a 5-day grace period in which to obtain an inspection following the date of purchase. A bus purchased by a school system on which the original motor vehicle title has not been previously issued may be operated for up to 12 months following the date of purchase before an inspection is required.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Purchase of Bus" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.06 Inspection Sticker Location

The departmental employee, after vehicle passes inspection, shall affix an inspection sticker to the upper left-hand corner of the windshield of the approved vehicle as viewed from the driver's seat.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Inspection Sticker Location" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.07 Completion of Inspection Sticker

Departmental employees shall write in ink all pertinent data on the reverse side of inspection sticker and validate expiration of same through use of appropriate expiration year tab. Further, they should punch with 1/4 inch punch the appropriate month of inspection.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Completion of Inspection Sticker" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.08 Inspection Reports

Reports of all inspectional efforts shall be maintained by employees as designated by the Commissioner.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Inspection Reports" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.09 Minimum Requirements for Inspection

(1) Before an inspection sticker may be issued for a bus, the bus must pass a minimum North American Standard Vehicle Safety Inspection (Level 5).

(2) In addition to the minimum requirements of a North American Standard Vehicle Safety Inspection (Level 5), each bus must further meet Georgia School Bus Specifications standards established annually by the Georgia Department of Education.

History

Authority: O.C.G.A. Secs. 40-8-74, 40-8-111, 40-8-220
History. Original Rule entitled "Minimum Requirements for Inspection" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.10 Body

(1) All public school buses shall be inspected annually or at the discretion of the Commissioner by employees of the Department of Public Safety.

(2)

Each public school bus shall be inspected for:

(a) Front and rear sign containing the words "School Bus" in letters not less than eight inches (8") in height.

(b) Every bus used for transporting school children shall be painted National School Bus Chrome Yellow.

(c)

Have an emergency door located either at the rear of the body or at the side of the body opposite from the side on which the students normally board. Said door shall be operative from both the interior and exterior of the bus at all times.

1. The emergency door shall be equipped with a slide-bar cam-operated lock. The slide bar shall have a minimum stroke of 1 inch. The emergency door shall be equipped with a suitable electric plunger-type switch and with buzzers located in the driver's compartment. The switch shall be enclosed and the wires leading from the switch shall be concealed in the body. The switch shall be installed so that the plunger of the switch contacts the farthest edge of the slide bar in such a manner that a slight movement of the slide bar will immediately close the switch and activate the buzzer.

2. The door lock shall be equipped with an interior handle that extends approximately to the center of the emergency door. It shall lift up to release the lock.

(d) The driver's seat shall be equipped with a seat belt.

(e) Combination clearance and marker lights shall be installed at each of the four roof corners. The two front lights shall be amber in color and the two rear lights shall be red in color. A cluster of three clearance and marker lights in the front and rear of the bus at the roof line is required.

(f) The body of said buses shall be equipped with four hooded or recessed red flasher or four red flasher lamps and four amber flasher lamps mounted on the same horizontal centerline. The system shall be wired so that the amber signal lamps are activated only by manual or foot operation and if activated are automatically deactivated and the red signal lamps activated when the bus entrance door is opened.

(g) There shall be installed on the left outside of the body a stop-arm to give notice to drivers of other vehicles that the bus is making a stop.

(h)

The exhaust system of said buses shall carry exhaust gases from the engine to the discharge point into the atmosphere which shall be beyond the rear wheels and extended to a point as follows:

1. When exhaust is discharged on the side of vehicle, the discharge point shall be at or beyond the outermost flange of the body at the side of such vehicle;

2. When exhaust is discharged at the rear of the vehicle, the discharge point shall be at or beyond the rear bumper of such vehicle.

(i) All floor joints of such buses shall be gas tight and constructed so as to prevent the entry of engine exhaust gases into the passenger compartment. Any opening or separation of joints in the floor shall be repaired before the bus is used for transportation of children.

(j)

Exterior Mirror. Two exterior clear-view, rear view mirrors shall be mounted forward, one to the left and one to the right of the driver. Area of each mirror shall be not less than 50 square inches overall. Each mirror shall be firmly supported and adjustable to give the driver a clear view past the left rear and right rear of the bus.

1. Two exterior convex type mirrors shall be mounted forward, one to the left and one to the right of the driver. Each mirror shall be a minimum of 6 x 6 inches overall, rectangular in shape and shall have a minimum 21 inch to a maximum 30 inch radius of curvature on the convex. Each mirror shall be firmly supported and adjustable to give the driver a clear view of the left rear wheels and the immediate adjacent area and the right wheels and the immediate adjacent area.

(k)

An 8" convex cross-view mirror shall be mounted on the left fender so that the driver shall have a view directly in front of the bus. The mirror shall have a minimum of 7 1/2 inches of exposed mirror surface. The case containing the mirror shall be so constructed that the mirror may be replaced.

1. Exception: Transit buses shall have 8" convex cross-view mirror mounted on the right side.

(l) Interior Mirror. One rear view non-glare mirror 6 inches x 30 inches in size, having a metal frame and back to be securely attached on the windshield header and so located as to give the driver a clear view of the entire interior of the bus and road behind.

(m) Horn. Every school bus shall be equipped with a horn capable of emitting a sound which, under normal conditions, shall be audible from a distance of 200 feet.

(n) Radio Speakers. No bus shall have radio speakers used for music or entertainment forward of a line five (5) feet from the rear of the driver's seat. Existing speakers in this area shall be permanently disabled. This prohibition does not apply to speakers used for communications purposes.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Body" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.11 Violation of Law and/or Rules: Penalty

In accordance with the authority cited in O.C.G.A. Title 40, these Rules shall have the force of law. If a responsible bus is denied an inspection sticker and is subsequently operated without having a valid sticker affixed as provided for in these Rules and associated statutes, the violation may be deemed a misdemeanor.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Violation of Law and/or Rules: Penalty" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-30-.12 Daily Inspections by Bus Operators

(1)

No school bus shall be driven unless the driver shall have first satisfied himself or herself that the following parts and accessories are in good working order:

(a) Service brakes;

(b) Parking brake;

(d) Lighting devices and reflectors;

(e) Stop arm and flashing lights;

(f) Emergency door and exits;

(g) Tires;

(h) Horn;

(i) Windshield wiper(s);

(j) Rear vision mirror(s).

(2)

The driver shall also satisfy himself or herself that the required emergency equipment is in place and ready for use:

(a) Fire extinguisher;

(b) Emergency triangles;

(3)

Every school bus operator shall require its drivers to report, in writing, at the completion of each day's work with respect to each bus operated. The report must address, at a minimum, the following parts and accessories:

(a) Service brakes;

(b) Parking brakes;

(d) Lighting devices and reflectors;

(e) Stop arm and flashing lights;

(f) Emergency door and exits;

(g) Tires;

(h) Horn;

(i) Windshield wiper(s);

(j) Fire extinguisher;

(k) Emergency reflective triangles;

(l) First aid kit.

(4) Daily reports shall identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. The report shall be signed and dated by the driver.

(5) Prior to requiring or permitting a driver to operate a bus, every school system shall repair or have repaired any defect or deficiency listed on the driver vehicle inspection report that would be likely to affect the safety of operation of the vehicle. Every school system, school contract carrier, shop foreman, or mechanic shall certify on the original driver vehicle inspection report that lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is again operated. The original driver vehicle inspection report and certification of repairs shall be maintained for three months from the date that the written report was prepared.

History

Authority: O.C.G.A. Sec. 40-8-220
History. Original Rule entitled "Daily Inspections by Bus Operators" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Chapter 570-31 Public School Bus Inspection

Ga. Comp. R. & Regs. r. 570-31-.01 Purpose

To create and establish a division of the Department of Public Safety to be known as the "Motor Carrier Compliance Division." The members of which shall be designated as Law Enforcement Officers. Department Employees designated as Law Enforcement Officers of the Motor Carrier Compliance Division of the Department of Public Safety, shall have the authority to carry firearms, to make arrests, to stop and enter motor vehicles, to examine the facilities, the books and the records of motor carriers, to regulate vehicle sizes and weights, to certify and permit motor carriers, to establish vehicle and vehicle component safety standards, and to regulate the transportation of hazardous materials, and any other powers authorized by the provisions of this Rule of the Department of Public Safety and Article 2 of Chapter 6 of Title 32, O.C.G.A., as well as, Article 5 of Chapter 2 of Title 35, O.C.G.A.

History

Authority: O.C.G.A. Secs. 32-1et seq., 35-2-100, 35-2-101
History. Original Rule entitled "Purpose" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-31-.02 Definitions

(1) "Department Employee" means Law Enforcement Personnel of the Motor Carrier Compliance Division of the Department of Public Safety who are statutorily designated to supervise the inspectional efforts and to enforce related statutes and rules related to the regulation of vehicle sizes and weights, the certification and permitting of carriers, the establishment of vehicle and vehicle component safety standards, enforcement of statutes related to the designation of restricted travel lanes and the transportation of hazardous materials.

History

Authority: O.C.G.A. Secs. 35-2-100, 35-2-101
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-31-.03 Powers and Procedures for Enforcement of Fuel Tax and License Tag Laws

(1) A Department employee designated as a law enforcement officer under the provisions of the Rules of the Department of Public Safety has the authority to stop and inspect a load or vehicle, the operator of which he has reason to believe is violating fuel tax or license tag laws or provisions of Article 2 of Chapter 6 of Title 32, O.C.G.A.

(2) If such operator refuses to stop when so ordered by such a Department employee to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Public Safety authorized to enforce this article apprehends said operator for any violation of this article.

(3) When a vehicle or load stops pursuant to the Department employee's order as provided in paragraph (1) of this Rule, such employee shall record any violation and report it to the State Department of Revenue, unless the violation is the absence of a license tag.

(4) If the vehicle or load does not have a license tag, the operator shall be held and released to an appropriate law enforcement official; provided that the vehicle or load shall first be taken to the nearest maintenance barn, police impoundment yard, or other relatively secure place approved by the Department if, in the Department employee's discretion, this is necessary for the safety of the vehicle or load.

History

Authority: O.C.G.A. Secs. 32-2-2, 50-13-4
History. Original Rule entitled "Powers and Procedures for Enforcement of Fuel Tax and License Tag Laws" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Ga. Comp. R. & Regs. r. 570-31-.04 Safety Restrictions on Hauling Logs and Pulpwood on Public Roads

In addition to any other conditions imposed, all vehicles hauling logs or pulpwood on the public roads of this State shall secure the load in the following manner:

(a) Each load of pulpwood or logs transported upon any public road or highway in this State by any vehicle equipped with permanent, fixed, or trip standards shall be secured with binder chains of at least one-quarter inch high-tensile strength or cables, straps, or other chains of equivalent strength. All such chains, cables, or straps shall be equipped with a tightening device. All pallets or racks used to carry pulpwood or logs shall be bound to the frame or body of the truck or trailer at the bottom. The driver shall be required to examine such chains, cables, or straps and the safety of the load before departing from the point of origin.

(b) Each load of short pulpwood loaded perpendicular to the axis of the truck body shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications provided in paragraph (a) of Rule 570-31-.04 .

(c) Each tree length load of pulpwood or logs shall be required to be secured with no less than two binder chains or cables, or straps or other chains meeting the specifications provided in paragraph (a) of Rule 570-31-.04 which shall be located approximately at the center and end of the load.

(d) Each load of pulpwood or cut logs loaded on multiple racks, where each rack is individually loaded, shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications of paragraph (a) of Rule 570-31-.04 .

History

Authority: O.C.G.A. Secs. 32-2-2, 32-6-21, 50-13-4
History. Original Rule entitled "Safety Restrictions on Hauling Logs and Pulpwood on Public Roads" adopted. F. Apr. 21, 2006; eff. May 11, 2006.

Chapter 570-32 Retention of Weapon and Badge

Ga. Comp. R. & Regs. r. 570-32-.01 Definitions

(1) "Disability" as used in this Chapter is defined in O.C.G.A. § 35-2-49.1 .

(2)

"Disability Arising in the Line of Duty" means:

(a) Disabled as the result of a physical injury incurred in the line of duty and caused by a willful act of a violator, or

(b) Disabled as the result of a physical injury incurred in the line of duty while engaged in the active pursuit of someone believed to be in violation of the law.

(3)

"Leaving the Department under Honorable Conditions" means any condition other than:

(a) Dismissal from employment,

(b) Resignation or retirement in lieu of dismissal, or

(d) Retirement during an investigation into misconduct in which any of the allegations are determined to be sustained.

History

Authority: O.C.G.A. Secs. 35-2-49, 35-2-49.1
History. Original Rule entitled "Definitions" adopted. F. Aug. 10, 2006; eff. Aug. 30, 2006.
Amended: F. Sep. 15, 2015; eff. Oct. 5, 2015.

Ga. Comp. R. & Regs. r. 570-32-.02 Retention of Weapon and Badge After 15 Years Service

(1) Any sworn member eligible to retain his or her badge and gun shall submit a request to the appropriate Division Director for approval.

(2) Prior to approval, the Human Resources Division shall verify that the member meets the service requirements of O.C.G.A. §§ 35-2-49 .

(3)

A sworn member will be ineligible to retain his or her badge or weapon under the following circumstances:

(a) When the member left the Department under other than honorable conditions, or

(b) When the member has submitted an application for disability retirement on the basis of any psychological or mental disability or impairment. This prohibition shall apply without regard to the decision of the Employees' Retirement System regarding the disability retirement application.

History

Authority: O.C.G.A. Secs. 35-2-49, 35-2-49.1
History. Original Rule entitled "Retention of Weapon and Badge After 15 Years Service" adopted. F. Aug. 10, 2006; eff. Aug. 30, 2006.

Ga. Comp. R. & Regs. r. 570-32-.03 Retention of Badge by Radio Operators After 15 Years Service

(1) Any radio operator eligible to retain his or her badge shall submit a request to the appropriate Division Director for approval.

(2) Prior to approval, the Human Resources Division shall verify that the member meets the service requirements of O.C.G.A. §§ 35-2-49 .

History

Authority: O.C.G.A. Secs. 35-2-49, 35-2-49.1
History. Original Rule entitled "Retention of Badge by Radio Operators After 15 Years Service" adopted. F. Aug. 10, 2006; eff. Aug. 30, 2006.

Chapter 570-33 Motorcycle Enforcement Unit

Ga. Comp. R. & Regs. r. 570-33-.01 Definitions

As used in this Rule, the term:

(1) "Motorcycle Enforcement Unit" means the Department of Public Safety Uniform Division Motorcycle Enforcement Unit which may make arrests and issue citations pursuant to O.C.G.A. § 35-2-32 , O.C.G.A. § 35-2-33 , O.C.G.A. § 15-21-2(a)(2) , and O.C.G.A. § 40-13-26 .

(2)

"Urban interstate system" means a portion of the national system of interstate and defense highways which:

(a) is located entirely within any part of this state; and

(b) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.

(3) "Court" means any Court that has jurisdiction over arrests and traffic citations for violations on any urban interstate system including but not limited to probate, municipal, and special courts whether called recorder's courts, mayor's courts, police courts, civil courts, traffic courts, miscellaneous courts or any other court created in this state under any other name.

(4) "Enhancement and maintenance" means the purchase, repair, upkeep, or replacement of equipment as needed for the Motorcycle Unit.

History

Authority: O.C.G.A. Secs. 15-21-2, 35-2-32, 35-2-33, 40-13-26
History. Original Rule entitled "Definitions" adopted. F. June 22, 2007; eff. July 12, 2007.

Ga. Comp. R. & Regs. r. 570-33-.02 Enhancement and Maintenance of the Motorcycle Enforcement Unit

The Motorcycle Enforcement Unit shall use the funds derived from fines, pursuant to O.C.G.A. § 15-21-2(a)(2) and O.C.G.A. § 40-13-26, for the enhancement and maintenance of the Unit.

(a) Any and all unused funds derived from fines for maintenance and enhancement of the Unit in any given fiscal year shall be reserved for use in the Unit's budget for subsequent fiscal years.

(b) The Commissioner shall have the authority to determine the size of the Unit, the equipment necessary for the proper operation of the Unit, and shall have the right to authorize and determine when maintenance and enhancement are appropriate.

History

Authority: O.C.G.A. Secs. 15-21-2, 40-13-26
History. Original Rule entitled "Enhancement and Maintenance of the Motorcycle Enforcement Unit" adopted. F. June 22, 2007; eff. July 12, 2007.

Ga. Comp. R. & Regs. r. 570-33-.03 Payment and Collection Procedures

(1)

The clerks of the various Courts, as defined in Rule

570-33-.01(3)

, or the judge of the probate court, or the person presiding over the municipal court, who receive fines generated from arrests or traffic citations made or issued by a member of the Uniform Division of the Motorcycle Enforcement Unit shall, after court costs, remit the remainder of said fines to the Georgia Department of Public Safety.

(a)

Payments shall be paid to the Department of Public Safety by the fifteenth day of each month, for the previous month, in the following manner:

(i) Said remittance should be made by check made payable to the Department of Public Safety;

(ii)

Said check shall include a list showing the following documentation for each case:

1. defendants' names,

2. fine imposed,

3. costs and to whom paid, and

4. balance being paid to the Department of Public Safety.

(iii) The check and documentation shall be mailed to the Department of Public Safety, Attention Accounting Director, Post Office Box 1456, Atlanta, Georgia 30371-1456, or delivered to the Department at 959 East Confederate Avenue, Atlanta, Georgia 30371.

(b) The Department of Public Safety Accounting Office shall provide a receipt for checks received.

(2)

The Motorcycle Enforcement Unit shall provide to the Department of Public Safety Accounting Office, by the fifteenth day of each month, for the previous month, a list with the following information relating to all citations issued by members of the Unit,:

(a) Traffic Citation numbers,

(b) Name of violators,

(d) Whether or not there was bail or bond,

(e) Trooper badge number, and

(f) Statement indicating whether the citation was issued on an "Urban Interstate System."

History

Authority: O.C.G.A. Secs. 15-21-2, 40-13-26
History. Original Rule entitled "Payment and Collection Procedures" adopted. F. June 22, 2007; eff. July 12, 2007.

Chapter 570-34 Vehicle Sales Program

Ga. Comp. R. & Regs. r. 570-34-.01 Definitions

"As Is - Where Is" means that the vehicle is acquired without warrant, express or implied, as to completeness, kind, character, or quality of any property, or its fitness for any use or purpose. Returns and/or exchanges of any "vehicles for sale" are not authorized.

"Auction Vendor" means the Department of Public Safety's contracted vendor for auction of vehicles specified for public auction per rule 570-34-.05.

"Auction Vehicle" means any vehicle not sold to a qualifying County or City Governmental entity as provided for in rule 570-34-.02.

"Department" means the Georgia Department of Public Safety ("DPS").

"Political subdivision" means any county or municipality of this state.

"Vehicle(s) for Sale" means a motor vehicle to which the Georgia Department of Public Safety has title and is authorized to sell under O.C.G.A. Code Section 35-2-58 and that has been designated for sale by the Headquarters Adjutant.

History

History. New Rule entitled "Definitions" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.02 Order of Priority In Disposition

(a) In the disposition of a vehicle for sale, the Department shall give first priority of sales to political subdivisions within the state. Vehicle(s) for sale thus sold must be for the use of the recipient agency or political subdivision with the title being in such agency, unit or organization.

(b) Vehicles shall be listed for sale on the Department's Website periodically as for sale with an initial listing date, mileage, make, model year, vehicle identification number ("VIN"), description of the general condition of the vehicle (such as Fair, Good, or Excellent), sales price, and location for viewing at designated times.

(c) The value of model specific equipment (such as push bumpers, sirens, speakers, light-bars, consoles, and cages) shall be incorporated in the sales price.

(d) Any Vehicle not sold to a political subdivision within thirty (30) days of listing for sale shall become eligible for Department sale to the general public through the Auction Vendor.

(e) No employee of the Department or such employee's immediate family member shall purchase a vehicle sold by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member.

(f) The Headquarters Adjutant may immediately remove for auction or disposal a vehicle damaged in an accident or with a mechanical defect making it inoperable.

History

History. New Rule entitled "Order of Priority in Disposition" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012

Ga. Comp. R. & Regs. r. 570-34-.03 First-come, First-served

(a) Vehicle sales to political subdivisions are available on a first-come, first-served basis. The first eligible political subdivision presenting the Department with the full amount of the sale price shall be deemed the purchaser of the vehicle.

(b) The Department reserves the right to deny any transfer at its discretion and whose decision is final.

History

History. New Rule entitled "First-come, First served" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.04 Transfer to Political Subdivision by Negotiated Sale; Conditions

When any vehicle is sold to a political subdivision, pursuant to Rule 570-34-.02 and Rule 570-34-.03, such transfer shall be subject to the following conditions:

(a) The vehicle shall not be resold by any such political subdivision within one year after the transfer without the written consent of the Department;

(b) The Department shall have the right, which shall be exercised at its discretion, to supervise the resale of the property at public outcry to the highest responsible bidder if the resale of the property is within one year after such transfer.

History

History. New Rule entitled "Transfer to a Political Subdivision by Negotiated Sale; Conditions" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.05 Auction of Vehicles to the Public

(a) Vehicles not sold to political subdivisions may be auctioned through the Department's Auction Vendor under the terms set by the Department's agency contractor with said vendor. A vehicle may be determined to immediately be an Auction Vehicle without being offered as a Vehicle for Sale to the local political subdivisions, at the discretion of the Headquarters Adjutant, when the vehicle's condition is of poor quality.

(b) Vehicles for Sale will be eligible for the Department to sell as an Auction Vehicle at the Department's discretion after the minimum of the 30-day listing has expired; however, there is no requirement that vehicles be transferred within this timeframe, and, depending upon factors such as space and potential sales, the Department may opt to retain vehicles for sale for an extended timeframe as determined by the Headquarters Adjutant.

(c) Equipment such as push bumpers, sirens, speakers, light-bars, consoles, and cages shall be removed prior to auction for reuse by the Department, if possible, or, where reuse is not a viable option, such equipment shall be sold for salvage value.

History

History. New Rule entitled "Auction of Vehicles to the Public" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.06 Valuation of Vehicle for Sale to Public Entity

(a) The pricing of all surplus fleet vehicles to political subdivisions will be researched and determined by the Department's Property staff based upon references provided by the Kelley Blue Book Private Values. The Pricing will be based upon mileage of each individual vehicle and its condition (such as Fair, Good, or Excellent) as defined by Kelley Blue Book.

(b) The Headquarters Adjutant has the discretion to include in the sales price of vehicles to political subdivisions equipment maintained on the vehicle (such as law enforcement lights, cages, bumpers, etc.) or to remove such equipment for scrap or reuse by the Department as deemed appropriate.

(c) With the permission of the Commissioner, the Headquarters Adjutant may uniformly reduce the price of all comparable vehicles to help facilitate disposal of such vehicles.

History

History. New Rule entitled "Valuation of Vehicles for Sale to Public Entities" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.07 Payment

(a) All payments by political subdivisions must be in the form of cash, cashier's check, certified check, or postal money order (made payable to the "Georgia Department of Public Safety"), or other method approved by the Department's Comptroller. Payment must be made at the time of purchase. No property may be removed prior to full payment of the purchase price. Payments for sales shall be made at the Department site where the property is located.

(b) If payment is not received, the sale is not complete and the item is available as per Rule 570-34-.03 .

History

History. New Rule entitled "Payment" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.08 State Does Not Guarantee

(a) The description of the property offered for sale is compiled from available information. All vehicles are sold "as is" and "where is" with no discounts, warranties, or other incentives offered.

(b) All property offered for sale or a portion thereof is subject to withdrawal at any time at the discretion of the Department's Headquarters Adjutant.

(c) A refund or an adjustment will not be made due to property not meeting expectations, a political subdivision's failure to inspect prior to sale, or change of condition of property from the time of award to the time of pickup.

(d) Any cost of weighing, packaging, crating, loading or hauling vehicle is assumed by the purchaser unless otherwise provided.

(e) A vehicle may be inspected where the vehicle sits. The vehicle may be started and run for a brief time but not test-driven.

History

History. New Rule entitled "State Does Not Guarantee" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.09 Failure to Pay or Remove Property

(a) If an eligible political subdivision fails to pay in full for the vehicle(s) at the time of sale, the property may be resold as provided for 570-34-.03 , on a first-come, first- served basis.

(b) All Vehicles must be removed on or before the date indicated on the sales receipt. The date of removal on the receipt shall be at the discretion of the Administrative Services Captain in charge of the garage facilities (utilizing factors such as available space to store vehicles and incoming and outgoing inventory).

(c) Vehicles may only be removed by appointment. Purchasers should coordinate and schedule pick-up appointments with the designated point of contact on the Department's website.

History

History. New Rule entitled "Failure to Pay and Removal of Property" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.10 Personal and Property Risk

Persons attending during exhibition, sale, or removal of vehicles assume all risks of damage or loss to persons and property and specifically release the Department and the State of Georgia from liability.

History

History. New Rule entitled "Personal and Property Risk" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012.

Ga. Comp. R. & Regs. r. 570-34-.11 Vehicle Titles and Emissions

The Department will turn over the existing title or certificate upon receipt of payment. It is the Buyer's responsibility to apply for a new title. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Titles must be issued in the name of the Political Subdivision purchasing the vehicle(s). The Department will not issue replacement titles.

History

History. New Rule entitled "Vehicle Titles and Emission" adopted. F. Jun. 1, 2012; eff. Jun. 21, 2012

Chapter 570-35 Repealed

Ga. Comp. R. & Regs. r. 570-35-.01 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 33-1-24, 40-1-190, 40-1-197
History. Original Rule entitled "Definitions" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.02 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Application" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.03 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Period and Expiration" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.04 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Renewal" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.05 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "Changes to Licensee's Information" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.06 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "Transferability of License" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.07 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-197
History. Original Rule entitled "Copies of License to be Maintained by Licensee" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.08 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-194; 40-1-197
History. Original Rule entitled "Suspension or Revocation of License" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.09 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197; 40-1-198
History. Original Rule entitled "Required Records" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.10 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-193; 40-1-198
History. Original Rule entitled "Ride Share Drivers; Required Digital Identification" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.11 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-195; 40-1-198
History. Original Rule entitled "Display of Emblems by Ride Share Drivers" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-35-.12 Repealed

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-195; 40-1-198
History. Original Rule entitled "Display of License Number in Advertisements" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Chapter 570-36 Repealed

Ga. Comp. R. & Regs. r. 570-36-.01 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Definitions" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.02 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Procedures" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.03 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Fees Charged for Nonconsensual Towing" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.04 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Vehicle Not Towed Upon Operator Returning" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.05 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Signs Specifications" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.06 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Authorized Attendant" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.07 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Records and Reports" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.08 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Secure Impoundment Facility" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.09 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Public Liability and Property Damage Insurance" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.10 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Office Requirements" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.11 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Equipment" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-36-.12 Repealed

History

Authority: O.C.G.A. §§ 40-1-54, 40-1-55, 40-1-56, 44-1-13
History. Original Rule entitled "Penalties" adopted. F. May 9, 2017; eff. May 29, 2017.
Repealed: F. Apr. 21, 2020; eff. May 11, 2020.

Chapter 570-37 Tire Chains

Ga. Comp. R. & Regs. r. 570-37-.01 Purpose

The purpose of this regulation is to establish the type of tire chains and other traction devices which comply with O.C.G.A. § 32-6-5.

History

Authority: O.C.G.A. §§ 32-6-5, 40-1-54
History. Original Rule entitled "Purpose" adopted. F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-37-.02 Definitions

For the purposes of this Chapter,

(a) "Commissioner" shall mean the Commissioner of Public Safety of the State of Georgia.

(b) "Other Traction Devices" shall mean any device, which when in use, is affixed to or in contact with the drive wheels of a commercial vehicle and provides a level of additional traction greater than or equal to a tire chain as defined in this part.

(c) "Tire Chain" shall mean metal chains which consist of two circular metal loops, positioned on each side of a tire, connected by not less than nine evenly spaced chains across the tire tread or any other traction devices as provided for by rules and regulations of the commissioner of public safety.

History

Authority: O.C.G.A. §§ 32-6-5, 40-1-54
History. Original Rule entitled "Definitions" adopted. F. May 9, 2017; eff. May 29, 2017.

Ga. Comp. R. & Regs. r. 570-37-.03 Standards

Any tire chain or other traction which meets the requirements as defined in this chapter shall be approved by the commissioner of public safety.

History

Authority: O.C.G.A. §§ 32-6-5, 40-1-54
History. Original Rule entitled "Standards" adopted. F. May 9, 2017; eff. May 29, 2017.

Chapter 570-38 Mccd Regulatory Compliance Section

Subject 570-38-1 General Rules of the Regulatory Compliance Section

Ga. Comp. R. & Regs. r. 570-38-1-.01 Scope

(1) This Chapter shall apply to all matters that are or, on the date of formal adoption of these rules were, within the jurisdiction or regulatory authority of the Regulatory Compliance Section of the Motor Carrier Compliance Division of the Georgia Department of Public Safety and to all carriers subject to the jurisdiction or regulatory authority of the Department.

(2) If the event of a conflict between rules in this Chapter, the more specific rule or rules pertaining to a particular topic shall control.

History

Authority: O.C.G.A. §§ 40-1-52; 40-1-53; 40-1-54
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.02 Definitions

(1)

When used in this Chapter, the terms defined in O.C.G.A. §§

40-1-1

and

40-1-100

shall have the same definition as provided in those code sections. Except to the extent prohibited by law, a conflict between the definitions within this Chapter and/or the above-referenced provisions of Georgia law shall be resolved by reliance upon the definition provided in:

(a) O.C.G.A. § 40-1-1 , or, if no such definition is found there, then;

(b) O.C.G.A. § 40-1-100 , or, if no such definition is found there, then;

(d) Any other Rule in this Chapter.

(2)

For the purposes of this Chapter, the term:

(a) "Certificate" means a certificate, permit, license, or other authority to operate as a carrier issued by the Georgia Department of Public Safety in accordance with this Chapter, whether interim or permanent;

(b) "Department" or "the department" means the Georgia Department of Public Safety;

(c) "Interim certificate" means a certificate issued by the Department for a temporary period prior to the issuance of a permanent certificate; and

(d) "Section" or "the section" means the Regulatory Compliance Section of the Motor Carrier Compliance Division of the Georgia Department of Public Safety.

History

Authority: O.C.G.A. §§ 40-1-1; 40-1-54; 40-1-100
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.03 Interpretation and Application of this Chapter

(1) To the extent permitted by law, the Department shall have the authority to suspend or modify application of the Rules within this Chapter in individual instances in which strict compliance with a Rule or Rules within this Chapter would result in unreasonable, uneconomical or unintended results or otherwise frustrate the intent of these Rules. Such suspension or modification may occur in accordance with O.C.G.A. § 50-13-9.1 or by any other process not prohibited by law.

(2) In any instance in which the Department suspends or modifies application of a Rule or Rules in accordance with paragraph (a) of this Rule, the Department shall make every effort to timely repeal, amend, or modify these Rules in accordance with the Administrative Procedure Act to correct and account for the circumstances requiring the suspension or modification.

(3) Certificates issued by the Department of Public Safety allowing operation as a household goods carrier, passenger carrier, limousine carrier, transportation network company, taxi service, or nonconsensual towing provider prior to the effective date of this Chapter and which are unexpired and otherwise valid as of the effective date of this Chapter shall continue to be valid notwithstanding the provisions of this Chapter. Such certificates and the persons and entities possessing such certificates shall, however, be governed by and otherwise be required to comply with this Chapter to the extent it is applicable. Upon any such certificate becoming invalid, expiring, or requiring any update, the person or entity possessing such certificate shall be required to obtain a replacement or new certificate in accordance in this Chapter.

(4)

To the extent that this Chapter has an economic impact on businesses in this State:

(a)

a small business that qualifies for reduction of economic impact under O.C.G.A. §

50-14-4(a)(3)

may provide notice in writing to the Department of a request for relief from any Rule under this Chapter. Such notice shall state:

1. The Rule or Rules causing the economic impact;

2. The nature and extent of the economic impact;

3. A proposed method or methods of relief under O.C.G.A. § 50-14-4(a)(3) that would reduce the economic impact in question; and

4. The nature and extent of the economic relief that would be provided by the proposed method or methods of relief.

(b) The Department shall, upon receiving a request for relief as described in subparagraph (a) of this paragraph, provide notice and an opportunity to be heard to any business making such request to consider whether the business in question is entitled to relief from the Rule(s) complained of as contemplated by O.C.G.A. § 50-13-14(a)(3) .

(c) Notwithstanding any other provision of this Chapter, the Department may afford a business that qualifies for reduction in economic impact in accordance with O.C.G.A. § 50-13-14(a)(3) relief from a Rule or Rules under this Chapter in any form authorized by O.C.G.A. § 50-13-14(a)(3) . The Department may similarly refuse to offer such relief if such relief is not legal or feasible in meeting the stated objectives of the statutes which are the basis of the Rule or Rules or for any other reason authorized by law.

History

Authority: O.C.G.A. §§ 40-1-54; 50-13-9.1
History. Original Rule entitled "Interpretation and Application of this Chapter" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.04 Effect of this Chapter upon Existing Regulations of the Georgia Public Service Commission

(1) To the extent that any of the rules or regulations in this Chapter or any rules or orders issued in accordance with this Chapter conflict with any previously adopted rules, orders, and regulations of the Georgia Public Service Commission pertaining to matters within the jurisdiction or regulatory authority of the Section, the regulations in this Chapter and the rules and orders issued in accordance with this Chapter shall be deemed to have superseded the previously adopted rules, orders, and regulations of the Georgia Public Service Commission.

(2) This Chapter is meant to entirely supersede Subtitle 16 ("Transportation") of the Rules of the Georgia Public Service Commission contained in Title 515 of the Rules and Regulations of the State of Georgia which has not already been otherwise superseded. Pursuant to O.C.G.A. § 40-1-57 , the entirety of that Subtitle which relates to functions now performed by the Department of Public Safety and which has not otherwise been repealed is hereby repealed.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-57
History. Original Rule entitled "Effect of this Chapter upon Existing Regulations of the Georgia Public Service Commission" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.05 Adoption of Federal Motor Carrier Safety Rules

(1) Except to the extent modified by this Rule or otherwise in accordance with the Department's authority under state and federal law, the Motor Carrier Safety Regulations issued by the United States Department of Transportation's Federal Motor Carrier Safety Administration (hereinafter "FMCSA"), contained in Parts 350, 376, 382, 383, and 390 through 397 of Title 49 of the Code of Federal Regulations, as now in force and as hereafter amended (hereinafter "the Federal Safety Rules"), are by this Rule made Rules of the Department under this Subchapter for all carriers regulated by this Department.

(2) The Department shall enforce such Federal Safety Rules and cooperate with other State and local law enforcement agencies in doing so to the extent such Federal Safety Rules are applicable to carriers regulated by the Department. These Federal Safety Rules are prescribed by the FMCSA as minimum standards for observance and enforcement by cooperating State agencies, and the individual states such as Georgia cannot promulgate less stringent motor carrier safety rules.

(3) Due to the volume of such Federal Safety Rules and to the frequent changes made therein by the FMCSA and because the FMCSA publishes and makes readily available such Federal Motor Carrier Safety Rules at minimal cost, the Department will not reproduce such Federal Safety Rules here. Current copies of the above-referenced and adopted Federal Motor Carrier Safety Rules may be obtained from the FMCSA in Washington, D.C., from the U.S. Government Printing Office, Superintendent of Documents, Washington, D. C. 20402, or from local U.S. Government Bookstores in the Atlanta area. In addition, such Federal Motor Carrier Safety Rules may be accessed on-line at the FMSCA website.

(4) The Department may undertake to adopt motor carrier safety rules more stringent than such Federal Safety Rules. In accordance with O.C.G.A. § 40-1-8(c)(1) , the Department may promulgate these rules by administrative order and publish the same in the Department's "Transportation Rulebook" or elsewhere. Such Rules will be available for inspection by the public on the Department's website either as a part of the Department's Transportation Rulebook or otherwise.

(5) In the Federal Motor Carrier Safety Regulations adopted by reference in this Rule and applicable throughout this Chapter, any reference to the "Operations Manager" and/or "Associate Administrator, Federal Motor Carrier Safety Administration," shall be interpreted to mean Commissioner, Georgia Department of Public Safety, except insofar as the term relates to preemption. All references to "interstate" commerce in the Federal Motor Carrier Safety Regulations adopted hereby shall be interpreted for the purposes of this Chapter to mean "intrastate" commerce in Georgia. It is the intent of the Department that the Rules of this Chapter and rules, regulations, and orders promulgated in accordance with this Chapter (including its motor carrier safety rules) shall apply only to intrastate carriers and operations.

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54
History. Original Rule entitled "Adoption of Federal Motor Carrier Safety Rules" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.06 Complaints

(1) The Department may hear a complaint by a third party regarding entities or matters within the jurisdiction or regulatory authority of the section, including any person or entity subject to regulation by this Chapter, asserting that an applicant or carrier has violated the provisions of this Chapter, any other Transportation Rules issued by the Department, or any provision of Georgia law relating to any matter within the jurisdiction of the Section or the Department.

(2) The Department shall require that, before investigating, imposing any penalty as a result of, or otherwise acting upon any such complaint, complaints under this Rule be submitted in writing on a form or forms designated for that purpose by the Department with a plain and distinct description of the grounds of the complaint.

(3) When requested by the Department, responses to complaints must be in writing with a plain and distinct description of any defense to the complaint.

(4) Supporting documentation, such as invoices, bills of lading, and claims forms, shall be attached to complaints and responses when so requested by the Department. When requested, supporting documentation shall be provided in a timely manner as directed by the Department.

(5)

Neither this Section nor the Department shall adjudicate or address:

(a) Disputed freight loss, damage or other monetary claims except in instances of charges which exceed the Department's tariffs;

(b) A complaint the basis of which relates to conduct of a ride share driver, ride share network service, taxi service, transportation referral service, or transportation referral service provider as defined by O.C.G.A. § 40-1-190 that is not specifically addressed by this Chapter or a provision of Georgia law over which the Department has regulatory authority;

(d) A complaint the basis of which alleges theft; such matters will be referred to the appropriate law enforcement agency for investigation.

(e) A complaint that was not made within a reasonably timely manner, which shall in no event exceed 90 days from the date of the events giving rise to the complaint.

(6) After investigating a complaint made in accordance with this Rule, the Department shall issue a decision with respect to such complaint. Such decisions may impose upon carriers any penalties and seek any remedies the Department is entitled by law to impose or seek. When notice and hearing is required by law or when the Department otherwise determines that notice and hearing are appropriate, a decision shall not be issued until the appropriate notice and hearing requirements have been met. If no specific notice and hearing requirements exist with respect to a specific complaint or decision and the Department intends to impose notice and hearing requirements, those requirements shall be communicated to the complainant, complained-upon carrier, and any other necessary party.

(7) Paragraph (6) of this Rule notwithstanding, the Department may also impose penalties and seek remedies without notice or a hearing to the extent authorized by law if it finds that the health or safety of the public or a particular member or member(s) of the public would be unreasonably placed at risk if such remedies or penalties were to be delayed by notice or hearing. In such cases the Department must issue specific findings of facts and/or conclusions of law relating to its finding of undue risk to the health or safety of the public or a particular member or member(s) of the public.

(8) Notwithstanding the other provisions of this Rule, the Department shall have the discretion to accept a consent agreement in resolution of a claim or complaint by a party against a carrier, including but not limited to agreements in which a carrier agrees to refund a customer for charges or offers payment for lost or damaged property in lieu of other regulatory or enforcement action by the Department.

History

Authority: O.C.G.A. § 40-1-54; 40-1-121
History. Original Rule entitled "Complaints" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.07 Inspections by Members of the Department

(1)

Except where otherwise provided by this Chapter or by law, any member or authorized representative of the Department shall have the right to:

(a) Enter into or upon and inspect any premises owned, leased, operated, or used by any carrier subject to the Department's jurisdiction or regulatory authority; and

(b) Enter upon and inspect any vehicle or equipment operated by such carrier in intrastate commerce within this State for the purpose of inspecting such carrier's books, records, motor carrier equipment, premises, and/or vehicles to ascertain such carrier's past and current compliance with Georgia law and transportation rules within the Department's jurisdiction.

(2) In accordance with paragraph (1) of this Rule, members and authorized representatives of the Department are authorized to conduct safety operations reviews of motor carriers under the Department's jurisdiction for the purpose of determining compliance with the laws, rules, regulations, and orders of the Department or the Federal Motor Carrier Safety and/or Hazardous Materials Regulations.

(3) Except where otherwise provided by this Chapter or by law, upon demand by any member or authorized representative of the Department that a carrier subject to the jurisdiction or regulatory authority of the Department produce for inspection any books, papers, contracts, agreements, and/or other records of any character in the possession, custody, or control of said carrier which relate or which are likely to relate to the jurisdiction or regulatory authority of the Department, said carrier shall have the duty to produce any and all such requested records.

(4) The Department shall have the sole discretion to accept in lieu of original records a copy of any records requested in accordance with paragraph (3) of this Rule. No carrier subject to the requirements of paragraph (3) of this Rule shall be excused from the requirement to produce original records unless explicitly authorized by a Member or authorized representative of the Department to produce a copy.

(5) Upon request by a regulated entity, a member or authorized representative of the Department who is exercising the authority granted by paragraphs (1) or (2) of this Rule shall display a Department issued credential identifying him or her as a member or authorized representative of the Department.

(6) This Rule shall not apply to ride share drivers, ride share network services, taxi services, transportation referral services, and transportation referral service providers as defined by O.C.G.A. § 40-1-190 , provided however that the Department shall be authorized to conduct those inspection of such drivers' and services' books, records, motor carrier equipment, premises, and/or vehicles that are otherwise authorized by this Chapter or by law.

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-121
History. Original Rule entitled "Inspections by Members of the Department" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.08 Cooperation with United States Department of Transportation

The Department is authorized to conduct joint investigations and reviews of motor carriers and other persons with officials of the United States Department of Transportation and their administrations for the purpose of determining compliance with State or Federal laws, rules, regulations, and orders pertaining to motor carrier operations and the transportation of hazardous materials. Consistent with 39 C.F.R. Part 388, the Department and its staff shall exchange information with the United States Department of Transportation that comes to their attention that is believed to indicate a violation of any provision of the safety or hazardous material laws, rules, regulations, or orders of the United States Department of Transportation.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-121
History. Original Rule entitled "Cooperation with United States Department of Transportation" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.09 Failure to Observe Rules

Failure by any carrier subject to the jurisdiction or regulatory authority of the Department to comply with the applicable statutes, this Chapter, any applicable tariff, and any applicable order of the Department shall, to the extent authorized by law, be cause for adverse action including but not limited to civil and/or criminal penalties and/or suspension or revocation of certificates issued pursuant to this Chapter. Except to the extent otherwise authorized by law and provided for in this Chapter, adverse action shall only take effect after notice and an opportunity for a hearing.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-55; 40-1-56; 40-1-101; 40-1-156; 40-1-161; 40-1-197
History. Original Rule entitled "Failure to Observe Rules" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.10 Notice Under this Chapter

(1) Except to the extent otherwise required by law or as provided in this Chapter, where notice under this Chapter is required to an applicant or carrier, notice shall be achieved by certified mail to the most recent address provided by the applicant or carrier to the Department in accordance with this Chapter or, in the case of non-resident motor carriers, to the agent or agents designated by the applicant or carrier in accordance with O.C.G.A. § 40-1-117 .

(2) As required by O.C.G.A. § 40-1-56 , notice to a carrier or applicant of a violation or violations of law or Departmental rule(s), regulation(s) or order(s) which impose a civil penalty upon the applicant or carrier shall be made by personal service upon the violator.

(3) Except to the extent otherwise required by law, an applicant or carrier may waive formal notice by acknowledging receipt by any other means of any document(s) or materials that would otherwise require notice by certified mail or by specifically requesting in writing that notice be provided by first-class mail, fax, or e-mail.

(4)

Notice under this Rule shall be deemed effective by the earliest of the following dates:

(a) For notice by personal service, the date upon which personal service is made;

(b)

For service by certified mail, the earlier of:

1. The date upon which delivery by certified mail to the party to be notified is made; or

2. Three days after notice is sent by certified mail to the party to be notified;

(c) For any form of service, the date upon which the party to be notified acknowledges receipt of the documents or materials to be served by any other means; or

(d)

In the event an applicant or carrier has specifically requested in writing that notice be provided by some other means:

1. Three days after notice is sent for notice sent by first-class mail; and

2. The date notice is sent for notice sent by e-mail or fax.

History

Authority: O.C.G.A. §§ 40-1-54; 50-1-56; 40-1-56.1; 40-1-164
History. Original Rule entitled "Notice Under this Chapter" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-1-.11 Hearings Under this Chapter

(1) To the extent that a hearing under this Chapter is designated by law as or fits the definition of a "contested case" under the Georgia Administrative Procedure Act, such hearing shall be held in accordance with the Department's Rule 570-1-.05 and the Georgia Administrative Procedure Act.

(2) All other hearings under this Chapter shall be conducted by the Commissioner of the Department of Public Safety or his or her designee as hearing officer. Such hearings shall occur no later than 90 days after the Department receives notice of the petitioner's request for a hearing. The Commissioner or his or her designee may conduct the hearing in person, by phone, or by review of submitted materials at his or her discretion. Following the hearing, the Commissioner or his or her designee shall issue a written decision regarding the matter within 30 days of the hearing and shall provide notice of that decision to the petitioner and other interested parties in accordance with Rule 570-38-1-.10 . Except to the extent required by law, otherwise provided for in this Chapter, or as otherwise ordered by the Commissioner or his or her designee in an order under this paragraph, there shall be no further review of matters heard pursuant to this paragraph.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-56; 40-1-56.1; 40-1-104; 40-1-110; 40-1-125
History. Original Rule entitled "Hearings Under this Chapter" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-2 Certificates for Motor Carriers Generally

Ga. Comp. R. & Regs. r. 570-38-2-.01 Scope

This Subchapter shall apply to persons and entities which are required to register with the Department and obtain a license, certificate, permit, or other form of authorization from the Department to operate as a motor carrier or particular type of motor carrier, provided however that this Subchapter shall not apply to persons and entities who are subject to regulation and required to register or secure a permit from the Department pursuant to Subchapter 6 (Transportation Network Companies and Taxi Services) and further provided that only Rule 570-38-2-.03 of this Subchapter shall apply to persons and entities who are subject to regulation and required to register or secure a permit from the Department subject to Subchapter 7 (Non-Consensual Towing) of these Rules.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-102; 40-1-103; 40-1-106; 40-1-107; 40-1-109; 40-1-111
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.02 Definitions

For the purposes of this Subchapter, the term "applicant" shall mean a person or entity applying to the Department for any certificate, license, permit, or other form of authorization from the Department pursuant to this Subchapter and as required by state law.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-103; 40-1-107
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.03 Operation or Advertisement as a Motor Carrier Without a Certificate

(1) No person or entity to whom or to which this Subchapter applies shall operate as or hold itself out to be a motor carrier or a particular class of motor carrier without first applying for and obtaining the appropriate certificate(s) from the Department in accordance with this Subchapter and O.C.G.A. § 40-1-101 .

(2) The Department may assess any penalty authorized by law upon finding that any person or entity is operating or holding itself out as a motor carrier or a particular class or classes of motor carrier in violation of this Subchapter or O.C.G.A. § 40-1-101 .

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-56; 40-1-103
History. Original Rule entitled "Operation or Advertisement as a Motor Carrier Without a Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.04 Application for Certificate

(1) Except as provided for by law or as otherwise authorized by this Subchapter, before any person or entity to whom or to which this Subchapter is applicable operates or holds itself out as an intrastate motor carrier in this State, such person or entity shall complete and submit to the Department an application for the necessary certificate(s).

(2)

An applicant shall submit a written application in the form prescribed by the Department. The application shall include:

(a) The complete name of the applicant's business;

(b) The current business address of the applicant;

(d) The current business e-mail address of the applicant;

(e) If the applicant is an owned entity, the full name(s) and mailing address(es) of the owner(s) of that entity and, when applicable, the entity's officers;

(f) For applicants seeking a certificate as a passenger carrier in accordance with Subchapter 4 of these Rules and/or a limousine carrier in accordance with Subchapter 5 of these Rules, a list detailing the type, description, and number of vehicles owned or operated by the applicant in connection with its carrier service, as well as identifying information for each such vehicle;

(g) An acknowledgment of the applicant's understanding of vehicle display requirements for commercial motor carriers;

(h) An acknowledgement of the applicant's understanding of the relevant federal and state motor carrier requirements;

(i) An acknowledgement of the applicant's understanding of the applicant's insurance and workers' compensation requirements;

(j) A financial statement by the applicant with supporting documentation;

(k) An acknowledgment of the applicant's understanding of the Department's rules, regulations, and tariff, and an affirmation that the applicant will comply with the same;

(l) The applicant's consent for the Department to conduct a background check with attached criminal and motor vehicle history;

(m) The required application fees in accordance with O.C.G.A. §§ 40-1-103 and 40-1-109 ;

(n) A certificate or certificates of insurance as required by O.C.G.A. § 40-1-112 or otherwise by Georgia law or this Chapter;

(o) To the extent this Chapter requires a minimum amount of assets to obtain the certificate(s) the applicant is seeking and/or operate or hold oneself out as the type of carrier for which applicant is seeking a certificate or certificates, a statement of assets and any supporting documentation requested by the Department; and

(p) Any other information deemed necessary by the Department and authorized by law for the Department to require as part of the application process including but not limited to all information required by O.C.G.A. § 40-1-107 .

(3) The application shall be typed or handwritten legibly in blue or black ink. All information required on the application shall be given in full and all questions thereupon shall be answered truthfully and fully. In the event portions or the application are not applicable to the applicant, the applicant shall mark that the relevant portion of the application is not applicable to the applicant.

(4) The business name provided by the applicant in its application must match the business name listed on all additional documentation the applicant is required or requested to submit to the Department in accordance with law or these Rules during the application process or while operating as a motor carrier.

(5) Where an applicant has submitted a complete application in accordance with this Rule, the Department will accept the application for consideration. Within 90 days of acceptance of an application, the applicant shall submit to the Department the required insurance forms in accordance with Rule 570-38-2-.05 and as directed by the Department.

(6)

The Department will not consider applications if:

(a) The application is not complete;

(b) Required documentation does not accompany the application;

(d) The required insurance forms are not submitted after acceptance of the application for consideration.

(7) The Department may notify an applicant that a submitted application is not complete or otherwise cannot be considered and afford the applicant an opportunity to complete or rectify the application. In such circumstances, the applicant shall be afforded no longer than 90 days to complete or rectify the application. If the applicant does not complete or rectify its application within the required time period, the Department shall deem the application abandoned and the applicant shall be required to complete a new application if such applicant later seeks a certificate or certificates as a carrier.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-102; 40-1-103; 40-1-106; 40-1-107; 40-1-109; 40-1-111
History. Original Rule entitled "Application for Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.05 Required Insurance and Certificate(s) of Insurance

(1) Except to the extent that an applicant is exempt from such a requirement by Georgia law, applicants for a certificate or certificates under this Subchapter shall cause to be filed as a part of their application or applications with the Department a certificate or certificates of insurance demonstrating that the applicant possesses the insurance required by law and by these Rules.

(2) No certificate shall be issued or remain in effect under this Subchapter unless the applicant or holder obtains and maintains adequate insurance solely in the name of the applicant or holder and in amounts equal to or greater than the minimum amounts described in this Chapter and which conforms to the requirements established by the Department in accordance with state law applicable to that applicant or holder. No applicant or certificate or permit holder shall be allowed to utilize or rely upon insurance coverage in the name of another person or entity or coverage held jointly with another person or entity. A certificate held by a motor carrier subject to this Rule which fails to maintain the required insurance shall immediately become void at the time the motor carrier falls out of compliance with this Rule, regardless of whether the applicant or certificate holder later re-establishes compliance with this Rule. A certificate which has become void through operation of this rule shall automatically become valid upon the certificate holder's re-establishment of required insurance and compliance with this Rule, unless the Department has entered an order suspending, revoking or otherwise affecting the certificate in question, and except that the Department may later enter an order suspending, revoking, or otherwise affecting the certificate in question for failure to comply with this Rule.

(3) Applicants and certificate holders shall update their certificate or certificates of insurance filed with the Department to reflect their ongoing compliance with this Rule and any updates or changes to the policy or policies of insurance held, including but not limited to renewals, revisions to policy limits, additional or reduced coverage, changes in insurance carrier, suspensions, cancellations, and reinstatements. Such updated certificates shall be provided to the Department as soon as feasible upon the occurrence of or, whenever possible, prior to any event requiring such update, upon the request of the Department, and at least once every two years.

(4) Applicants and certificate holders subject to this Rule shall - to the extent possible - provide the Department with no less than 30 days' notice prior to any changes to the applicant's or certificate holder's policy or policies of insurance which would cause the applicant or certificate holder to become out of compliance with this Rule, including but not limited to any cancellation, withdrawal, or suspension of the applicant's or certificate holder's policy or policies or insurance. An applicant or certificate holder shall arrange for the applicant or certificate holder's insurance carrier to deliver notice required by this paragraph to the Department.

(5) All certificates of insurance, notices, and other documents evidencing insurance coverage (collectively, "insurance forms") required to be submitted to the Department by this Rule or by Georgia law shall be subject to approval based upon factors including but not limited to the form and completeness of the document, whether the form was provided by a company legally authorized to transact business in the State of Georgia, and a review of the policy itself if required to verify that the full limits of liability required by the Department are in place. Handwritten insurance forms will not be accepted. Insurance forms shall be submitted via mail, facsimile, electronic mail, or via the National Online Registry (NOR) electronic filing database as directed by the Department.

(6)

The following forms prepared by the National Association of Regulatory Utilities Commissioners, when used for the designated purpose, will carry a presumption of compliance with the Department's Rules relating to certificates of insurance, notices, and other documents evidencing insurance coverage, provided that the forms are properly completed and comply with the other requirements of this Rule including paragraph (7):

(a) Form E ("Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance") when used as a certificate of insurance to demonstrate compliance with the Department's insurance coverage requirements relating to bodily injury and/or property damage liability;

(b) Form H ("Uniform Motor Carrier Cargo Certificate of Insurance") when used as a certificate of insurance to demonstrate compliance with the Department's insurance coverage requirements relating to cargo insurance; and

(c) Form K ("Uniform Notice of Cancellation of Motor Carrier Insurance Policies") when used as notice of cancellation of an applicant's or certificate holder's insurance policies.

(7)

The forms listed in paragraph (6) of this Rule shall carry a presumption of compliance with the Department's Rules relating to certificates of insurance, notices, and other documents evidencing insurance coverage if and only if the following conditions are met with respect to the completed form:

(a) "Georgia Department of Public Safety" is listed on the form under the field "Name of Commission," "Name of Authority," or a substantially similar field;

(b) The applicant's or certificate holder's full current business name as listed on the application filed with the Department or certificate provided by the Department is listed on the form under the field "Name of Motor Carrier" or a substantially similar field;

(c) The applicant or certificate holder's most recent physical address as listed on the application most recently filed or updated with the Department or certificate most recently provided by the Department is listed on the form under the field "Address of Motor Carrier" or a substantially similar field;

(d) The form includes a legible policy number; and

(e) The form includes a legible counter-signature.

(8)

To the extent that the Department is authorized or required by law to establish minimum adequate insurance amounts for an applicant or certificate holder but those amounts are not established elsewhere in this Chapter, the applicant or certificate holder shall be required to secure and have in effect a policy of insurance issued by an insurance company licensed to do business in this state, which policy provides for the protection of passengers, property, and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents in an amount equal to or greater than the following:

(a) Limit for bodily injury to or death of one person: $100,000.00;

(b) Limit for bodily injury to or death of all persons injured or killed in any one accident (subject to limit for injuries to one person): $300,000;

(d) Limit for loss of or damage to property (cargo) carried on any one motor vehicle: $25,000.00; and

(e) Limit for loss of or damage to aggregate losses or damage of or to property (cargo) occurring at any one time and place: $50,000.00.

(9) A certificate of insurance or other evidence of coverage required to be submitted by an applicant or certificate holder under this Chapter must be written in the full and correct business name of the applicant or certificate holder as provided on the applicant or certificate holder's most recent application for a certificate or certificate most recently provided by the Department.

(10) The Department may, upon becoming aware that a motor carrier has fallen out of compliance with this Rule, suspend or revoke the certificate of any holder of a certificate under this Subchapter in accordance with Rule 570-38-2.13 or deny the application of an applicant for a certificate under this Subchapter in accordance with Rule 570-38-2-.09 , or take any other action against the motor carrier authorized by law.

(11) A certificate holder whose certificate has been suspended as a result of a lapse in insurance coverage will not be entitled to have their certificate reinstated until and unless that certificate holder provides acceptable proof of minimum insurance as required by this Rule. Subject to the requirements of Rule 570-38-2-.13 , the Department shall be entitled to revoke without any further action any certificate that has been suspended for six months or more due to a certificate holders' lapse in insurance and continued failure to provide acceptable proof of minimum insurance as required by this Rule.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-102; 40-1-103; 40-1-104; 40-1-112
History. Original Rule entitled "Required Insurance and Certificate(s) of Insurance" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.06 Issuance of Interim Certificate

(1) Upon submission of a completed application which complies with the requirements of Rule 570-38-2-.04 , the Department shall give notice of the pending application in accordance with O.C.G.A. § 40-1-110 .

(2) If a protest to the completed application is timely filed, the Department shall follow the procedure described in Rule 570-38-2-.07 . If no timely protest is filed, the Department shall consider the application for approval as described in this Rule.

(3)

After following the procedure set forth in this Rule, the Department shall approve an applicant's application submitted in accordance with Rule

570-38-2-.04

if, in the judgment of the Department, the applicant:

(a) Is fit, willing, and able as defined by O.C.G.A. § 40-1-106(a)(1) through (3) to provide the transportation services for which the certificate is sought;

(b) Has not been convicted of any felony related to the operation of a motor vehicle;

(c) Successfully attends and completes a training class regarding the laws of Georgia and the rules and regulations of the Department, regularly given by the Department;

(d) Has, in the case of applicants for certificates as a carrier governed by Subchapters 570-38-3 (Household Goods Carriers), 570-38-4 (Passenger Carriers), and/or 570-38-5 (Limousine Carriers) demonstrated that the applicant possesses and is capable of maintaining minimum assets in the amount of $50,000; and

(e) Is otherwise in compliance with these rules, the laws of this State and the United States, and any other applicable regulations or tariffs pertaining to the applicant.

(4) An applicant whose application under Rule 570-38-2-.04 is approved by the Department shall be granted an Interim Certificate by the Department.

(5) An Interim Certificate granted in accordance with this rule shall be valid for a period of one year, except that the Department may extend that period in accordance with Rule 570-38-2-.08 or may suspend or revoke the certificate as provided in these Rules.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-102; 40-1-103; 40-1-106; 40-1-107; 40-1-110
History. Original Rule entitled "Issuance of Interim Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.07 Protest to an Application

(1)

An application under this Subchapter may be protested under the following conditions:

(a) The protest must be in writing and comply with the requirements of O.C.G.A. § 40-1-106 and 40-1-110 .

(b) The protest must be received by the Department within ten days of the pending application being posted on the Department's website.

(c) A protest of an application for a certificate as a passenger motor carrier or household goods motor carrier will not be considered unless the protest is filed by a motor carrier which is qualified for consideration under O.C.G.A. § 40-1-106(d) .

(2) If an application is protested in a manner complying with paragraph (1) of this Rule, the Commissioner shall set the application for a hearing and shall notify the applicant and any protestors of the date, time, place, manner, and other relevant details regarding the hearing. The Commissioner shall have the authority to continue or reset the date, time, location, and manner of the hearing at his discretion. In no event shall a hearing take place more than 90 days after the filing of a protest in accordance with paragraph (1) of this rule.

(3) The burdens of proof at a hearing scheduled in accordance with this Rule shall be as set forth in O.C.G.A. § 40-1-106 . The Commissioner need not, but may, issue an oral decision at the hearing with respect to the application in question. In any event when a hearing is held, the Commissioner shall issue a written decision with respect to the application in question within 30 days of the date of the hearing. The decision shall be served upon the applicant and protestant(s).

(4) A protest to an application may be withdrawn at any time prior to the hearing on a protested application. In the event a protest is withdrawn and an application is no longer protested, no hearing is required with respect to that application, and it may be granted or denied in accordance with Rules 570-38-2-.06 and 570-38-2-.09 .

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-106; 40-1-110
History. Original Rule entitled "Protest to an Application" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.08 Expiration and Extension of Interim Certificates; Issuance of a Permanent Certificate

(1) Prior to the expiration of an Interim Certificate granted pursuant to this Subchapter, the Department shall, to the extent authorized by law and deemed necessary by the Department, review the operations of the Interim Certificate holder to determine whether the Interim Certificate should be converted into a Permanent Certificate.

(2) The Department may, prior to the expiration of an Interim Certificate granted pursuant to this Subchapter, provide for an extension to the period of such certificate. If the Department provides for such an extension, it shall issue the Interim Certificate holder an updated Interim Certificate which reflects the new expiration date of such certificate or shall otherwise notify the Interim Certificate holder of the new expiration date of the certificate. Prior to the revised expiration date of the Interim Certificate, the Department shall determine whether (1) the Interim Certificate should be converted into a Permanent Certificate; (2) the Interim Certificate should become void upon its expiration; or (3) another extension of the Interim Certificate should be granted.

(3) If the Department determines that an Interim Certificate should be converted into a Permanent Certificate, the Department shall convert said certificate into a Permanent Certificate upon expiration of the Interim Certificate and the Interim Certificate holder shall be granted a Permanent Certificate.

(4) If the Department decides not to allow an Interim Certificate to convert into a Permanent Certificate, the Interim Certificate shall become void upon its expiration except as otherwise provided for by law, in these Rules, or by order of the Department.

(5) The Department shall notify the certificate holder of its decision to allow or not allow an Interim Certificate to convert into a Permanent Certificate or to extend the period of an Interim Certificate no later than 10 days prior to the expiration of the Interim Certificate.

(6) Under no circumstances shall the period of an Interim Certificate be extended more than one year beyond its initial one year period.

(7) A Permanent Certificate shall have no expiration date and will remain valid except as otherwise provided by law, these Rules, or by order of the Department.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-103
History. Original Rule entitled "Expiration and Extension of Interim Certificates; Issuance of a Permanent Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.09 Denial of a Certificate

The Department may deny a certificate for failure to comply with any provision of this Subchapter or for any other reason authorized by law or these Rules. Upon denial of a certificate or rejection of an application for any of the reasons under this Subchapter:

(1) The Department shall notify the applicant of the denial/rejection and may, at its discretion and to the extent applicable, allow the applicant an opportunity to cure the defect(s) in its application;

(2) If the rejection or denial is final or does not afford the applicant the opportunity to cure the defect(s) in the application, the applicant shall be entitled to a hearing to contest the denial or rejection upon written request made within 30 days of the notice of denial or rejection; and

(3) The applicant may not re-apply for a certificate for 90 days from the date of notification of denial or rejection unless otherwise provided by the Department. The Department may refuse to consider an application submitted by such applicant on the sole grounds that fewer than 90 days have passed from the date of notification of denial or rejection.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-102; 40-1-103; 40-1-106; 40-1-107; 40-1-109; 40-1-111
History. Original Rule entitled "Denial of a Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.10 Transferability of Certificates

(1) Interim Certificates issued pursuant to this Subchapter are nontransferable.

(2) Permanent Certificates issued pursuant to this Subchapter are transferable at the Department's discretion upon written request of the person or entity requesting receipt of the license. Unless otherwise authorized by the Department, no such request will be granted unless accompanied by the written consent of the existing license holder at the time of the request or an authorized representative thereof (as determined by the Department).

(3) In the event of a change of name or ownership by the holder of a Permanent Certificate (including acquisition of a controlling interest in a corporate entity), the certificate holder shall be required to apply to transfer the Permanent Certificate to reflect the change in name or ownership. Unless otherwise authorized by the Department, no such request shall be granted unless accompanied by the written consent of the parties affected by the change in name or ownership or their authorized representatives (as determined by the Department).

(4)

A person or entity requesting a transfer shall submit an application in the same manner and subject to the same regulations as an applicant for an Interim Certificate under Rule

570-38-2-.04

, except that:

(a) The applicant shall indicate on their application that they are seeking a transfer of an existing certificate;

(b)

In the event of a change of name or ownership as described in paragraph (3) of this Rule, the applicant:

1. May, at the Department's discretion, be authorized to apply for a transfer of their existing certificate using an alternate or abbreviated process rather than that required by Rule 570-38-2-.04 ; and

Shall, except to the extent otherwise authorized by the Department, be required to submit:

(i) In the case of the sale of an entity, a sale document detailing the sale;

(ii) A statement of assets of the proposed new certificate holder; and

(iii) If applicable, an acknowledgement of indebtedness of the prior entity with provisions made for ongoing expenses and names and addresses of creditors; and

(c) Any other materials authorized by law for the Department to request which it deems necessary to its consideration of the application.

(5) No lease, loan, rental, or device or arrangement similar in operation or effect to a lease, loan, or rental of a certificate shall be allowed, and any such purported lease, loan, rental, device, or arrangement shall be void.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-105
History. Original Rule entitled "Transferability of Certificates" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.11 Misrepresentation of Operations by Certificate Holder

A certificate holder shall not engage in any conduct which is likely to or actually does create the appearance that services are being furnished or operations are being conducted by the certificate holder when such services are not actually being furnished or such operations are not actually being conducted by the certificate holder.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-129
History. Original Rule entitled "Misrepresentation of Operations by Certificate Holder" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.12 Changes to a Certificate Holder or Applicant's Information

(1)

If a change occurs to any of an applicant or a certificate holder's information provided to the Department pursuant to paragraph (2) of Rule

570-38-2-.04

after said information has been provided by the applicant or certificate holder, or if any such information becomes incomplete, the applicant or certificate holder shall notify the Department in writing of the change or supplement the incomplete information as soon as feasible, but in any event no later than the sooner of:

(a) 30 days following the event causing the change or incompletion; or

(b) When the change or incompletion pertains to the holder of an Interim Certificate, the last day of that certificate's validity.

(2) If the change relates to a change of name or ownership, the applicant or certificate holder shall be required to comply with Rule 570-38-2-.10 .

(3) Unless otherwise authorized by the Department, an applicant whose application is pending when a change to the applicant's information occurs or such information becomes incomplete shall be required to submit a new application in accordance with Rule 570-38-2-.04 .

(4) A certificate holder whose information changes or becomes incomplete may be required to submit additional documentation or information to the Department relating to the change or new information and the certificate holder's continued ability to comply with laws and these Rules or may be required to submit a new application in accordance with Rule 570-38-2-.04 .

(5) The Department may take adverse action against an applicant that is granted a certificate after failing to comply with this Rule or certificate holder that fails to comply with this Rule including but not limited to civil or criminal penalties and/or suspension or cancellation of the certificate.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-103; 40-1-107
History. Original Rule entitled "Changes to a Certificate Holder or Applicant's Information" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.13 Suspension or Revocation of Certificates

(1) A certificate issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.

(2) Except to the extent otherwise authorized by law, prior to suspension or revocation of a certificate pursuant to paragraph (1) of this Rule, the person or entity holding that certificate shall be provided notice and an opportunity for a hearing. Notice shall be made in accordance with Rule 570-38-1-.10 .

(3) A certificate holder shall be notified of the Department's decision to suspend or revoke a certificate in accordance with Rule 570-38-1-.10 .

(4) A certificate holder shall be entitled to a hearing to contest the suspension or revocation of their certificate under this Subchapter upon written request made within 30 days of the effective date of notice of suspension or revocation.

(5) Suspensions and revocations of certificates pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the certificate holder and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the certificate, except as otherwise required by law and as otherwise ordered by the Department.

(6)

A suspension of a certificate may be for either a fixed or variable period of time. Except as otherwise provided in this Chapter:

(a) A certificate which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the certificate holder upon the date or following the term specified by the Department in the order suspending the certificate.

(b) A certificate which is suspended for a variable period of time may be reinstated upon any terms ordered by the Department which are not prohibited by law.

(c) To the extent that a suspension is based upon a certificate holder's ongoing violation of law or these Rules, the Department may order that the suspension continue until the certificate holder corrects any violation(s) of law or these Rules and for any period of time thereafter not otherwise prohibited by law.

(d) The Department may establish by administrative order a maximum period of time for which a suspension due to an ongoing violation of law or these Rules may continue. If the prescribed maximum period of time is reached while such administrative order is in effect and the certificate holder is still not in compliance with law and these Rules, then the certificate shall automatically be revoked without further action from the Department.

(7)

Paragraph (6) of this Rule notwithstanding,

(a) if an interim certificate becomes expired during a term of suspension, it shall remain expired until and unless otherwise ordered by the Department; and

(b) if a subsequent order is issued by the Department which pertains to the certificate or suspension of a certificate in question, that order shall control.

(8) A suspended certificate may be reinstated at the Department's discretion for any reason authorized by law. Except as otherwise required by law and as otherwise provided by this Chapter, if a suspended certificate is not reinstated by the Department within twelve months from the date of suspension, the suspended certificate shall be deemed cancelled and cannot be reinstated.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-104
History. Original Rule entitled "Suspension or Revocation of Certificates" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.14 Temporary Emergency Certificates

The Department may issue a temporary emergency certificate to an applicant in accordance with O.C.G.A. § 40-1-114.

History

Authority: O.C.G.A. §§ 40-1-101; 40-1-114
History. Original Rule entitled "Temporary Emergency Certificates" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.15 No Property Right or Vested Interest Created by Any Certificate

Except to the extent otherwise required by law, the Department's grant or issuance of a certificate in accordance with this subchapter shall not be construed to grant any property right or vested interest to any applicant, nor any guarantee that the applicant will not have their certificate revoked, suspended, or modified in accordance with these Rules, Rules later enacted, or by other action of the Department taken in accordance with law.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-124
History. Original Rule entitled "No Property Right or Vested Interest Created by Any Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-2-.16 Appointment of Designee(s) by Commissioner

Except to the extent prohibited by law, the Commissioner may designate by administrative order a person or persons to carry out his duties and responsibilities under this Subchapter. The Commissioner's failure to designate persons in accordance with this Rule shall not be interpreted to limit the powers of the Section or its members granted in accordance with O.C.G.A. §§ 40-1-52, 40-1-101(c), or other statute. This rule shall not be interpreted to limit the authority of the Commissioner to designate a person or persons to carry out his duties or responsibilities with respect to the other Subchapters of this Chapter.

History

Authority: O.C.G.A. §§ 40-1-52; 40-1-54; 40-1-101
History. Original Rule entitled "Appointment of Designee(s) by Commissioner" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-3 Household Goods Carriers

Ga. Comp. R. & Regs. r. 570-38-3-.01 Scope

This Subchapter shall apply to household goods carriers operating in intrastate commerce.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-100; 40-1-101; 40-1-129
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.02 Definitions

For the purposes of this Subchapter, the term:

(1)

"Article" means

(a) an individual item intended to be transported outside of a shipping container or in a shipping container without any other items therein;

(b) a shipping container and contents thereof when such container is intended to be transported with such contents, provided however that the total component parts of any item taken apart or disassembled for handling or loading shall be considered one article for the purposes of determining an article's valuation in accordance with this Subchapter and provided further that an item or items which do not meet the definition of household goods under O.C.G.A. § 40-1-100 shall not be considered an article or articles.

(2) "Carrier" or "household goods carrier" means a carrier regulated by this Subchapter.

(3) "Customer" means a person or entity that hires or utilizes a household goods carrier to perform transportation of household goods or ancillary services related to the transportation of household goods, regardless of the contractual relationship or lack thereof between the customer and carrier.

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.03 Operation or Advertisement as a Household Goods Carrier without a Certificate

(1) No person or entity to whom or to which this Subchapter applies shall operate as or hold itself out to be a household goods carrier without first obtaining a household goods carrier certificate from the Department in accordance with Subchapter 2 of this Chapter.

(2) The Department may assess any penalty authorized by law upon finding that any person or entity is operating or holding itself out as a household goods carrier without a certificate in violation of O.C.G.A. §§ 40-1-56 or 40-1-129 .

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-129
History. Original Rule entitled "Operation or Advertisement as a Household Goods Carrier without a Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.04 Duty to Accept and Transport commodities

Except to the extent otherwise provided by law or by these Rules, it shall be the duty of any household goods carrier to accept for transportation any authorized commodities, the carriage of which by such carrier is reasonably safe and practicable and to transport the same as soon as practicable.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-129
History. Original Rule entitled "Duty to Accept and Transport commodities" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.05 Limitations and Restrictions on Transportation of Household Goods and Ancillary Services

(1)

Packing and Inspection of Articles and Packages

(a) Except as otherwise provided by this paragraph, articles tendered for transportation must be in such condition and so prepared for shipment by the customer or the customer's agent as to comply with the requirements and limitations of these Rules and as to render transportation thereof reasonably safe and practicable.

(b) Except where otherwise provided by law or these Rules or to the extent a carrier and customer have otherwise agreed, customers shall be responsible for preparing and packing all small household goods of less than one cubic foot displacement into boxes, packages, cartons, or other containers of sufficient size and strength to make loading, transportation, and unloading of such goods and containers reasonably safe and practicable. Customers who have prepared and/or packed articles for transportation or arranged for a person or entity other than the carrier providing transportation in accordance with these Rules to prepare and/or pack articles for transportation shall cause boxes, packages, or cartons to be properly identified and marked with the general contents when such contents are not otherwise readily apparent.

(c) Articles that are required to be prepared and packed in a container shall be securely enclosed in such container by the person(s) preparing and packing the container so that no ends or other parts protrude and in a manner that will provide reasonable protection from damage to or loss of such articles.

(d) Subparagraph (a) of this paragraph notwithstanding, a household goods carrier may offer to prepare and pack a customer's articles for transportation and may charge a customer for such service in accordance with the Department's maximum rate tariff. A household goods carrier may also provide and sell to customers packaging materials and shipping containers in accordance with the Department's maximum rate tariff. Shipping containers offered for sale in accordance with this Rule shall be marked with the dimensions and capacity of the container, shall be clean and in good condition for transportation, and shall be of sufficient strength for their intended purpose with a bursting strength of no less than 200 pound test.

(e) When a household goods carrier or its authorized representative determine that it is necessary to inspect an article or the contents of any article said carrier has been requested to transport in order to determine the nature of such article or the contents of such article, the carrier shall be entitled to conduct such inspection prior to transporting the article in question. In the event such inspection is not possible or feasible, the carrier may require that other evidence be provided which demonstrates the actual character of the article or contents of the article in question. A carrier shall not be required to transport or perform any services relating to an article for which a requested inspection cannot be performed or is refused or for which insufficient evidence demonstrating the actual character of the article or contents of the article in question is provided.

(f) Unless otherwise provided by law, these Rules, or the agreement of the customer and the carrier, a carrier is not obligated to transport any articles that the customer was obligated to prepare or pack for transportation if said customer has not properly prepared or packed such articles in a manner that will provide reasonable protection for such articles from damage or loss and provide for reasonably safe transportation of such articles.

(2)

Transportation of Goods Likely to Cause Damage

Notwithstanding the requirements of Rule 570-38-3-.03 and any duty established thereby,

(a) No household goods carrier shall be required to accept for shipment any articles which are reasonably likely to damage the carrier's equipment or other property;

(b) No household goods carrier shall be required to perform pickup or delivery or render any services at a place or places from or to which it is impracticable to operate vehicles because of the condition of roads, streets, driveways, alleys, or approaches thereto, inadequate loading or unloading facilities, or any other reason not caused by the action or inaction of the carrier; and

(c) No household goods carrier shall accept for shipment any articles which cannot be removed from the premises at which they are located without damage to the articles or the premises.

(3)

Impossible or Impractical Delivery; Delivery Contingent Upon Payment

(a) A carrier shall make reasonable efforts to ascertain the characteristics and accessibility of each point of origin, delivery location, and the articles comprising a shipment to determine the possibility, practicability, and labor required for loading, transportation, and unloading of such articles. Such efforts shall be made prior to providing an estimate or bill of lading to a customer and prior to performing any transportation or ancillary services. A carrier that fails to make such efforts but nevertheless provides transportation or ancillary services to a customer shall not be entitled to charge a customer for any ancillary services in accordance with this paragraph but shall be obligated to complete loading, transportation, and unloading of the customer's shipment as agreed and without additional charge to the extent such loading, transportation, and unloading is possible. To the extent such loading, transportation, and unloading is not possible, the carrier may take other actions in accordance with subparagraphs (b) and (c) of this paragraph, but shall not be entitled to charge a customer for any such actions taken or services provided.

(b)

In the event a household goods carrier determines after complying with its duty under subparagraph (a) of this paragraph or arrives at a point of origin and determines that loading of some or all of the articles of the shipment directly from the point of origin to the transporting vehicle is physically impractical, impossible, or will require additional labor due to inaccessibility of the building, its structure, the nature of an article or articles included with the shipment, the carrier may:

1. Decline to load those articles for which loading is impossible or impractical and otherwise complete loading as agreed;

2. Decline to provide or reschedule transportation or ancillary services, in which case the customer shall be refunded for any services not utilized;

3. If (1) the carrier has complied with subparagraph (a) of this paragraph; (2) the carrier is capable of doing so; and (3) the customer so agrees, load the affected articles by ancillary means, in which case the carrier will be authorized to charge the customer for any such ancillary services in accordance with these Rules and the Department's maximum rate tariff.

4. Resolve the matter by any other agreement mutually acceptable to the carrier and the customer.

(c)

In the event a household goods carrier determines after complying with its duty under subparagraph (a) of this paragraph or transports a shipment to a destination address in accordance with these Rules and determines that delivery of some or all of the articles of the shipment directly from the transporting vehicle to the destination is physically impractical, impossible, or will require additional labor due to inaccessibility of the building, its structure, the nature of an article or articles included with the shipment, the carrier may:

1. Deliver the portion of the shipment for which delivery is physically impractical or impossible to its warehouse or the warehouse of a designee in accordance with the provisions of Rule 570-38-3-.10 ;

2. Deliver the portion of the shipment for which delivery is physically impractical or impossible to the nearest point of approach to the customer's desired location; or

3. If (1) the carrier has complied with subparagraph (a) of this paragraph; (2) the carrier is capable of doing so; and (3) the customer so agrees, complete delivery to the desired location by ancillary means from the transporting vehicle to the customer's desired location, in which case the carrier will be authorized to charge the customer for any such ancillary delivery and services in accordance with these Rules and the Department's maximum rate tariff.

4. Resolve the matter by any other agreement mutually acceptable to the carrier and the customer.

(d) In the event a household goods carrier transports a shipment to a destination address in accordance with these Rules and determines that a customer is unable or unwilling to pay or arrange for payment in accordance with the requirements of these Rules before the carrier completes delivery or relinquishes possession of the articles it transported, the carrier may take the actions described in paragraph (2) of Rule 570-38-3-.15 .

(4)

Hoisting Service

For the purposes of this paragraph, the term "hoisting service" means a service by which a load is lifted and/or lowered by means of a drum or lift-wheel around which one or more ropes, chains, cables, or similar instrumentalities are wrapped, regardless of the means by which such device is operated. The following regulations shall apply with respect to hoisting services:

(a) A household goods carrier shall only perform hoisting service if the carrier possesses necessary equipment and personnel and conditions are such to properly perform such service without reasonable likelihood of causing damage to any property or endangering the health or safety of any person.

(b) In the event the customer of a household goods carrier requests hoisting service but the carrier does not possess the necessary equipment or personnel for such service, the carrier may arrange for qualified hoisting service at the customer's expense if it is available. In such circumstances the carrier may advance the amount necessary to perform the hoisting service, which the customer shall reimburse to the carrier upon proof of payment by the carrier. The carrier shall not be responsible for damage to the property of the customer caused by the use of a third-party hoisting service utilized in conjunction with this subparagraph.

(c) If some or all of a customer's articles requires a hoisting service for delivery, but the transporting household goods carrier cannot perform a hoisting service in accordance with this Rule and cannot arrange for qualified hoisting service at the customer's expense, the carrier may deliver the articles in accordance with the rules for impossible or impractical delivery established in paragraph (2) of this Rule.

(5)

Frozen or Refrigerated Goods

A household goods carrier shall not accept for transportation any articles which are required to be frozen or refrigerated while being transported unless

(a) The articles are contained in a container which is capable of keeping the articles at the required temperature for the duration of the services to be performed;

(b) The articles are being transported no more than 150 miles;

(d) No preliminary or enroute servicing by use of dry ice, electricity, or other preservative method by the carrier is required.

(6)

Fragile Articles / Articles with Fragile Surfaces

(a) Subject to subparagraph (b) of this paragraph, a customer shall fully protect by boxing, crating, or wrapping articles which are unusually fragile, including but not limited to show cases, wall cases, canoes, works of art, scenery, lighting fixtures, linoleums, statuary, marble slabs, mirrors, glass tops, pictures, paintings, models, antiques, and other similar articles which are easily broken or damaged, or articles upholstered or covered with material or fabric of a delicate nature or color, or other articles with delicate finishes which are easily soiled, torn, or damaged prior to providing such articles to a household goods carrier for transportation or ancillary services, provide, however, that a household goods carrier may offer to protect such articles at the customers expense and at rates not exceeding those provided in the Department's maximum rate tariff.

(b) Subparagraph (a) of this paragraph notwithstanding, a carrier shall wrap, cover, or otherwise protect from damage articles have surfaces that are liable to damage by scratching, marring, or chafing but are of sufficient strength that a carrier can pack other articles against or on top of such articles in a reasonably safe and practicable manner. Such wrapping, covering, or protection shall be provided using furniture pads, covers, burlaps, or other wrappers that are provided by the carrier and a part of the carrier's regular equipment, and shall be included at no additional cost to the customer in the rates for transportation provided by the Department's maximum rate tariff.

(7) Musical Instruments Musical instruments that require more protection during transportation than the level afforded by the carrier's normal equipment in accordance with subparagraph (6)(b) of this Rule must be packed by the customer in the instrument's designed case or other adequate container that provides reasonable protection for the purposes of transportation.

(8) Mechanical Equipment Except to the extent otherwise agreed by the customer and household goods carrier, mechanical equipment and other articles of a similar nature including but not limited to appliances, stereo equipment, electronics, power tools, and any other articles the surface of which can be reasonably protected by the carrier's regular equipment in accordance with subparagraph (6)(b) of this Rule must have all motors, mechanical parts, loose accessories and ornamentation securely fastened, bolted, or tied down by the customer in a manner that can reasonably be expected to prevent loss, damage, or impairment of functions while being transported or handled by the carrier.

(9)

Delivery to a Warehouse or Storage Facility by Customer Request

A customer may request that a carrier deliver articles to a warehouse or storage facility. In such instances:

(a) The location of the warehouse or storage facility shall be considered the destination, and the customer or carrier shall designate that location as the destination on the bill of lading and freight bill as required;

(b) The articles shall be stored at the warehouse or storage facility in the name of the customer subject to a lien for transportation charges and other charges authorized by the Department's maximum rate tariff;

(c) The carrier may supply containers, cartons, pads, and other materials for the customer's use for the articles in storage at costs not to exceed those provided by the Department's maximum rate tariffs; and

(d) In accordance with Rule 570-38-3-.17(9) , the carrier's liability with respect to such articles shall cease upon the unloading of the articles at the warehouse or storage facility.

(10)

Third-Party Services Ordered by Carrier at Specific Request of Customer

A carrier shall, at the specific written request of its customer, make reasonable attempts to arrange from a third party for any services that said carrier is incapable of providing or prohibited from providing but which are necessary for the satisfactory completion of a shipment the carrier has been contracted to provide. In such circumstances,

(a) The customer shall be responsible for actual charges assessed for any such service to the extent the customer directs the carrier to obtain such service from a third party and the carrier does so arrange;

(b) The carrier shall not be responsible for the quality of products furnished, services performed, or damages to property or premises as a result of engaging any such third party; and

(c) The carrier shall be deemed to be acting specifically as an agent only of the customer to the extent that the customer orders services from a third party in accordance with this paragraph.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-129
History. Original Rule entitled "Limitations and Restrictions on Transportation of Household Goods and Ancillary Services" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.06 Maximum Rates Established by the Department

(1) The Department shall establish a maximum rate tariff applicable to carriers transporting household goods in this State.

(2) The maximum rate tariff established by the Department shall be available to household goods carriers at the Department's website, and the Section shall make available to household goods carriers a copy of the maximum rate tariff upon reasonable request.

(3) In accordance with the Department's authority under O.C.G.A. § 40-1-8(c)(1) , the maximum rate tariff established by the Department pursuant to this Rule may include and impose upon household goods carriers additional rules, regulations, restrictions, duties, and other provisions relevant to the operation of household goods carriers and their compliance with the maximum rates established by the Department. To the extent that a maximum rate tariff includes any such rules, regulations, restrictions, duties, and/or other provisions, it shall be adopted by administrative order in accordance with the requirements of O.C.G.A. § 40-1-8(c)(1) .

(4) At least 30 days prior to any change in the maximum rate tariff, the Department shall make available a copy of the proposed revised tariff to household goods carriers and the public and shall conspicuously note thereupon the expected effective date of the revised tariff. The Department shall provide for a method by which household goods carriers and members of the public may comment upon the revised proposed tariff and may, but shall not be required to, make modifications to the proposed revised tariff in response to such comments. The Department may, but shall not be required to, modify the effective date of the proposed revised tariff in response to comments received and modifications made to the proposed revised tariff.

(5) No household goods carrier shall charge a rate higher than the rates prescribed by the Department's maximum rate tariff for any services or products provided. A carrier which violates this rule is subject to adverse action pursuant to Rule 570-38-1-.09 .

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-101; 40-1-118; 40-1-119
History. Original Rule entitled "Maximum Rates Established by the Department" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.07 Rules Pertaining to Application of Maximum Rate Tariff

Household goods carriers subject to the Department's Maximum Rate Tariff ("tariff") shall be subject to the following rules:

(1)

Method for Determining Distances Relating to Rates or Fares

(a)

To the extent the tariff contains rates based upon travelled or projected mileage, the applicable distance used to calculate charges based upon that rate shall be determined by use of any of the following sources:

1. Google Maps or a similar internet-based mapping service which provides the shortest driving directions;

2. Rand McNally mileage & routing software or a similar mileage and routing software for motor carriers which provides the shortest driving directions for commercial motor vehicle operators; or

3. Upon written approval from the Department, any other source when the methods provided in subparagraphs (1) and (2) are not available or not feasible for use.

(b) When, at the specific request of a customer, a carrier travels a route that results in mileage that exceeds that calculated under subparagraph (a) of this paragraph, said carrier may use the actual mileage travelled to calculate charges based upon actual or projected mileage. In addition, such carrier may add up to a 10% surcharge to such rate if the transportation of the shipment could have been accomplished over a shorter distance without unreasonable risk of damage or loss to the customer's or other property and use of such shorter route was otherwise feasible.

(2)

Disposition of Fractions of Cents and Hours

(a) When application of the tariff will result in a charge to a customer which includes a fraction or portion of one cent, that fraction or portion of a cent shall be rounded down to the nearest cent if it is less than one half of a cent or up to the nearest cent if it is one half of a cent or more.

(b)

When calculating rates and charges based upon time, the following rules shall apply to periods of time less than an hour to which rates and charges are to be calculated:

1. Actual time spent of 15 minutes or less shall be charged as one-quarter of an hour;

2. Actual time spent of more than 15 minutes but no more than 30 minutes shall be charged as one half of an hour;

3. Actual time spent of more than 30 minutes but no more than 45 minutes shall be charged as three quarters of an hour; and

4. Actual time spent of more than 45 minutes but less than 60 minutes shall be charged as one hour.

(3)

Determining Charges Based Upon Hourly Rates for Transportation

(a) Except as provided in subparagraph (b) of this Rule, the time charged in accordance with the hourly rates for transportation shall begin with the arrival of the vehicle(s) and personnel at the designated origin or pick-up location and shall end with the completion of all of the carrier's services at the final destination or drop-off point.

(b) A carrier charging a customer in accordance with the Department's hourly rates for transportation shall be entitled to charge a customer for up to one hour of travel time to a service location at a rate not to exceed the applicable hourly rate for transportation established in the Department's maximum rate tariff.

(c) A carrier who communicates to a customer that a certain number of vehicles and personnel will be used to perform transportation and services relating to a shipment shall not be entitled to charge a customer at rates corresponding to a larger number of vehicles or personnel unless the carrier receives written authorization to do so from the customer prior to the commencement of services and/or transportation at the increased rate(s).

(d) Household goods carriers subject to this Chapter which are utilizing the hourly rates for transportation in the Department's maximum rate tariff are authorized to require customers to commit to a minimum of two hours of services governed by such hourly rates on non-holiday weekdays and a minimum of three hours of services governed by such rates on weekends and state or federal holidays.

(e) Rates for ancillary non-transportation services performed by a carrier at the request of a customer shall not exceed the hourly rates for transportation described in the Department's maximum rate tariff if the transportation of the shipment involved is also governed by those rates.

(4) Minimum Weight When Utilizing Weight and Distance Rates Except as otherwise provided by law or in these Rules, a household goods carrier transporting any shipment of household goods weighing less than 1,000 pounds is authorized to use a constructive shipment weight of up to 1,000 pounds for the purposes of calculating charges for said shipment using the weight and distance tariff rates.

(5)

Determining Weight of Household Goods for Transportation

(a)

To the extent that a household goods carrier is required to determine the weight of articles in order to apply a rate or charge a customer in accordance with the Department's maximum rate tariff, the following procedure shall be used by the carrier:

1. A tare weight of the vehicle(s) which will transport the articles in question shall be calculated by having the vehicle weighed prior to the transportation or loading onto the vehicle of the articles. The vehicle(s) shall be weighed while unoccupied, with a full gasoline tank or as close to a full tank as possible. In accordance with subparagraph (e) of this Rule, tare weights shall include the weight of any articles being transported during the same trip that do not belong to the customer for whom a net weight is being calculated.

2. After the vehicle has been loaded with the customer's articles, a gross vehicle weight shall be determined by weighing the vehicle(s) again prior to delivery of the articles.

3. The net weight of the articles shall be determined by subtracting the tare weight from the gross weight. This net weight shall be used for the purposes of applying rates and charges based upon the weight of the customer's articles.

(b) Vehicles weighed for the purposes of determining their tare weight or gross weight shall contain all blankets, pads, chains, dollies, hand trucks, and other equipment needed for the transportation and services contracted by the customer. Such vehicles shall be weighed by a certified weigh-master or weight inspector on a certified scale.

(c) If no scale conforming to the requirements of this Rule is available at the point of origin where articles are to be loaded upon a household goods carrier's vehicle for transportation or within a 10-mile radius of such point, a constructive net weight may be used for the purposes of determining the weight of the household goods. Such weight shall be calculated at a rate of seven pounds per cubic foot of properly loaded space.

(d) The gross weight, tare weight, and net weight or constructive net weight of articles transported shall be shown upon the Bill of Lading and Freight Bill pertaining to the transported articles whenever such weights are relevant to the rates or charges applied. All tare, gross, actual net weights, and constructive net weights shall be properly certified to by the person or persons who ascertained such weights. Except in circumstances in which a carrier is authorized to utilize a constructive weight for a customer's articles, a carrier must obtain a weight ticket which attests to the tare and gross weight used to calculate the weight of a customer's articles and such weight ticket must accompany the Bill of Lading and Freight Bill pertaining to those goods.

(e) As provided for in paragraph (4) of this Rule, a household goods motor carrier transporting any shipment of household goods weighing less than 1,000 pounds is authorized to use a constructive shipment weight of up to 1,000 pounds for the purposes of calculating charges for said shipment using the weight and distance tariff rates.

(f) Notwithstanding the other requirements of this paragraph, if a household goods carrier estimates that a customer's articles to be transported by a vehicle do not exceed 1,000 pounds, the net weight of those articles may be determined by weighing them independently on a scale that complies with the requirements of this paragraph.

(g) Notwithstanding the other requirements of this Rule, a household goods carrier shall include the weight of any articles not belonging to a particular customer in the tare weight of the vehicle when calculating the net weight of that customer's articles in any instance in which a vehicle used by a household goods carrier will carry the articles of more than one customer during a trip.

(h) Notwithstanding the other requirement of this paragraph, a carrier is authorized to utilize a constructive weight for a customer's articles as provided in paragraph (6) of this Rule under the circumstances described therein for the purposes of calculating charges for a shipment using the weight and distance tariff rates.

(i) A customer may request that one re-measurement each of a vehicle's tare and/or gross weight be taken in the customer's presence and at the customer's expense in accordance with the Department's maximum rate tariff. Such request must be made prior to delivery of the customer's shipment. Following re-weighing, the lowest calculable net weight shall be used for the purposes of applying rates and charges based upon the weight of the customer's articles. If, after re-measurement, the original net weight is still the lowest calculable net weight, or if the difference between the original and lowest calculable net weight is less than 500 pounds for shipments with a net weight of 5,000 pounds or less or 2% or less for shipments with a net weight of more than 5,000 pounds, the carrier shall be authorized to charge the customer a reweighing charge in accordance with the Department's maximum rate tariff.

(6)

Display of Vehicle Cargo Space; Constructive Shipment Weights for Fully Occupied or Reserved Vehicles and Space

(a) Carriers regulated by this Subchapter shall display in clearly legible text on each side of any vehicle used by the carrier for the purposes of transporting household goods the number of cubic feet of storage space available in or on the vehicle for the purpose of transporting household goods.

(b) A carrier may accept a shipment for transportation from a customer which, when properly loaded, occupies the entire storage space of a vehicle or which otherwise prevents the transportation of other customers' articles on the same vehicle. In such instances, the carrier is authorized - but not required - to utilize a constructive weight of seven pounds per cubic foot of available vehicle storage space for the purposes of calculating charges for said shipment using the weight and distance tariff rates.

(c)

A carrier may accept a request or order from a customer for exclusive use of a vehicle of a specific or minimum cubic capacity for transportation of household goods. In such instances:

1. The carrier is authorized - but not required - to utilize a constructive weight of seven pounds per cubic foot of available vehicle storage space for the purposes of calculating charges using the weight and distance tariff rates;

2. If the capacity of the ordered vehicle 1,000 cubic feet or less, the carrier is authorized but not required to utilize a constructive weight of 7,000 pounds for the purposes of calculating charges using the weight and distance tariff rates; and

3. If, at the time for loading the shipment in question, the carrier does not have available a vehicle of the capacity ordered by the customer, the carrier may substitute a vehicle or vehicles of an equivalent or greater capacity but may not utilize a larger capacity for the purposes of calculating a constructive weight than that originally ordered by the customer.

(d)

A carrier may accept a request or order from a customer for exclusive use of a portion of the capacity of a vehicle for the purposes of transporting household goods. Such requests or orders may be made in units of 100 cubic feet. In such instances,

1. The carrier is authorized - but not required - to utilize a constructive weight of 700 pounds per 100 cubic feet of space ordered for the purposes of calculating charges using the weight and distance tariff rates; and

2. If the capacity of the space ordered is 300 cubic feet or less, the carrier is authorized but not required to utilize a constructive weight of 2,100 pounds for the purposes of calculating charges using the weight and distance tariff rates.

(e)

A carrier utilizing any of the constructive weights described in this paragraph shall be required to clearly notate on the bill of lading and freight bill the following:

1. That a constructive shipment weight was used in the calculation of charges;

2. That the use of a constructive shipment weight was authorized based upon the complete occupancy of a vehicle / vehicles as described in subparagraph (b) of this paragraph; the exclusive use of a vehicle / vehicles as described in subparagraph (c) of this paragraph; or the reservation of space on a vehicle as described in subparagraph (d) of this paragraph;

3. The calculated constructive weight used for the purposes of calculating charges using the weight and distance tariff rates; and

4. When available, the actual weight of the shipment in question.

(7) Overflow When Utilizing Weight and Distance Rates When, while transporting or preparing to transport articles utilizing the weight and distance tariff rates, a shipment is so loaded that one or more of a carrier's vehicles are loaded to capacity and an overflow remains which does not require the full capacity of another vehicle, the actual weight of such overflow shall be calculated and added to the combined weight of the total shipment to calculate charges using the applicable weight and distance tariff rates.

(8)

Handling and Storage Included in Rates

(a) Except as otherwise provided in these Rules, the rates for transportation shall include the disassembling of set-up pieces of furniture at their pick-up location, the physical handling of all articles in a shipment from their pick-up location to the household good carrier's vehicle for transportation, stowage of same within the vehicle, unloading of goods at the destination location, handling of same to designated spots at the destination location, and the assembly at the destination location of pieces of furniture which the carrier disassembled at the pick-up location. Notwithstanding the foregoing, however, a carrier may charge for ancillary services in accordance with Paragraph (3) of Rule 570-38-3-.05 to the extent that the carrier has complied with its duty under subparagraph (a) of that paragraph.

(b) A carrier shall wrap, cover, or otherwise protect from damage articles have surfaces that are liable to damage by scratching, marring, or chafing but are of sufficient strength that a carrier can pack other articles against or on top of such articles in a reasonably safe and practicable manner. Such wrapping, covering, or protection shall be provided using furniture pads, covers, burlaps, or other wrappers that are provided by the carrier and a part of the carrier's regular equipment, and shall be included at no additional cost to the customer in the rates for transportation provided by the Department's maximum rate tariff.

(c) Notwithstanding subparagraph (a) of this paragraph, if a customer's articles are being picked up from a storage location in accordance with Rule 570-38-3-.14 or any other provision of these Rules which references Rule 570-38-3-.14 , the rate for transportation shall not include any services which occur prior to the loading of the articles onto the carrier's vehicle from the door, platform, or other point convenient or accessible to the vehicle at the storage location.

(d) Notwithstanding subparagraph (a) of this paragraph, if a customer's articles are being delivered to a storage location in accordance with Rule 570-38-3-.14 or any other provision of these Rules which references Rule 570-38-3-.14 , the rate for transportation shall not include any services which occur subsequent to the unloading of the articles from the carrier's vehicle onto the door, platform, or other point convenient or accessible to the vehicle at the storage location.

(9)

Regular Hours for Purposes of Rate Calculation; Overtime Charges

(a) For the purposes of the Department's maximum rate tariff, regular hours shall begin at 8:00 A.M. and end at 5:00 P.M. every day except all Saturdays and Sundays and the holidays of New Years Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) In the event a listed holiday falls on a Saturday, the prior Friday shall be considered the holiday. In the event a listed holiday falls on a Sunday, the following Monday shall be considered the holiday.

(c)

Services provided by a carrier shall be performed during regular hours except when:

1. The carrier and customer have agreed that the carrier shall provide services during non-regular ("overtime") hours and the carrier has obtained written consent from the customer for the additional or increased charges; or

2. The carrier is required to provide services during overtime hours by law, ordinance, or the owner or landlord of the property upon which the service is performed.

(d) Whenever a customer is subject to additional or increased charges because a carrier is scheduled to perform services at non-regular ("overtime") hours, the customer shall be notified of the increased charges and the carrier shall obtain consent from the customer for such charges prior to performing any such services.

(10) Multiple Pick Up or Delivery Locations A household goods carrier may pick up or load portions of a customer's shipment at multiple locations and may deliver or unload portions of a customer's shipment at multiple locations as authorized by these rules or as requested by the customer. When multiple pick-up and/or delivery locations are utilized and the customer is being charged in accordance with weight and distance tariff rates, the household goods carrier shall be authorized to charge the customer for the total weight of the entire shipment for the total distance from the first point of pick-up to the final point of delivery, plus any additional service charges applicable in accordance with the Department's maximum rate tariff.

(11)

Waiting Time

(a) Except as otherwise provided in this paragraph, a household goods carrier may charge a customer for any time during which all of its requested equipment and/or personnel are on site and prepared to provide services as scheduled but unable to provide such services unless the inability to provide scheduled services is the fault of the carrier or its personnel. Such waiting time will be charged in accordance with the Department's maximum rate tariff.

(b) Except as otherwise agreed between a carrier and its customer, a carrier shall only be entitled to charge a customer for waiting time that occurs during regular hours.

(c) A carrier that is providing transportation services spanning more than 100 miles but less than 200 miles shall not charge a customer for the first one hour of waiting time for its services offered in conjunction with such transportation, provided however that a carrier governed by the hourly rates for transportation shall not be required to comply with this subparagraph.

(d) A carrier that is providing transportation services spanning 200 or more miles shall not charge a customer for the first three hours of waiting time.

(12) Fuel Surcharge A carrier providing transportation services to a customer in accordance with the Department's weight and distance transportation rates shall be authorized to charge a customer for fuel at a rate not to exceed that provided in the Department's maximum rate tariff. All fuel surcharge revenue assessed and collected shall be passed on or otherwise credited to the purchaser of the fuel. The fuel surcharge is to be assessed once per shipment, regardless of the number of vehicles used.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-100; 40-1-101; 40-1-118; 40-1-119; 40-1-129
History. Original Rule entitled "Rules Pertaining to Application of Maximum Rate Tariff" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.08 Estimates

(1) The Department shall make available to household goods carriers a Uniform Estimated Cost of Services Form for use by such carriers as required by this rule. This document will be made available to household goods carriers by posting upon a publicly-accessible website maintained by the Department.

(2) A carrier subject to regulation by this Subchapter may, at a customer's or prospective customer's request, provide an estimate for cost of services. Except to the extent otherwise required by law or these Rules, such estimates shall not be binding on either the customer or the carrier unless both the customer and the carrier agree to a binding estimate and the terms are clearly stated using the Uniform Estimated Cost of Services Form in accordance with this Rule.

(3) An estimate provided in accordance with this Rule shall be either (1) a non-binding estimate subject to paragraph (4) of this Rule or a binding estimate subject to paragraph (5) of this Rule. When providing an estimate using the Uniform Estimated Cost of Services Form, a carrier shall clearly indicate on the form whether the estimate being provided is a non-binding or a binding estimate.

(4)

A carrier providing a non-binding estimate to a customer or prospective customer shall:

(a) Clearly describe in the estimate volume and/or character of articles comprising the shipment the carrier will transport and all services the carrier will provide and shall include all other information the carrier requires in order to provide a non-binding estimate;

(b) Upon said customer's payment of no more than 110% of the estimated charges in the non-binding estimate, relinquish possession of or deliver said customer's shipment as agreed and without delay; and

(c) Defer demand for the payment of the balance of any charges in excess of the amount described in subparagraph (b) of this paragraph for a period of thirty days following delivery or possession being relinquished.

(5)

A carrier providing a binding estimate to a customer or prospective customer shall:

(a) Clearly describe in the estimate the goods and/or articles comprising the shipment the carrier will transport and all services the carrier will provide and shall include all other information the carrier requires in order to provide a binding estimate; and

(b) Perform any and all transportation and services detailed in the binding estimate at rates not to exceed the amounts provided in that estimate and relinquish possession of or deliver a customer's shipment upon said customer's payment of the estimated charges; and

(6)

Nothing in this Rule shall be construed so as to prohibit or restrict a carrier from charging a customer for transportation or services in excess of or in addition to those for which a customer received an estimate when:

(a) A customer requests such additional transportation or services; or

(b)

Such transportation or services become reasonably necessary and

1. The customer consents to such additional transportation or services; or

2. The carrier is otherwise required to perform such additional transportation or services.

(7) Estimates provided by a carrier shall conform to the requirements of these Rules and the Department's maximum rate tariff.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-118; 40-1-119
History. Original Rule entitled "Estimates" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.09 Minimum Required Insurance

(1)

No household goods carrier to which this Subchapter is applicable shall operate or hold itself out to be a household goods carrier without:

(a) First complying with Rule 570-38-2-.05 of these Rules; and

(b) Complying with all other state and federal laws, rules, and regulations relating to required insurance.

(2) The Department may waive some or all of the requirements of paragraph (1) of this Rule if it determines that the carrier is financially capable of self-insuring against losses in amount equal to or greater than the minimum levels of insurance otherwise required by paragraph (1).

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-112
History. Original Rule entitled "Minimum Required Insurance" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.10 Valuation of Household Goods

(1)

No household goods carrier shall accept household goods for transportation unless the customer requesting transportation first:

(a) Agrees in writing to released value protection of the goods as provided for in subparagraph (2)(a) of this Rule; or

(b) Agrees in writing to full value protection and declares in writing the value of the goods as provided for in subparagraph (2)(b) of this Rule.

(2)

During any transportation of household goods governed by this Chapter, the liability of any motor carrier of household goods for damage or loss to household goods shall be limited to either:

(a) Released value protection, which shall provide coverage at a rate of $0.60 per pound per damaged or lost household goods article; or

(b) Full value protection, which shall provide coverage based upon the current replacement value at the time of loss or damage to the household goods article, up to the dollar amount of valuation declared by the customer.

(3) Household goods carriers subject to this Chapter shall not charge any additional amount to customers for providing released value protection of the customer's household goods. Household goods carriers may subject customers who select full value protection to an additional charge or charges so long as such charge or charges do not exceed the rates provided in the Department's maximum rate tariff.

(4) Except where otherwise provided by law, a household goods carrier's liability shall only be limited under this Rule if the customer's selection of either released value protection or full value protection and, if full value protection is selected, the maximum dollar amount of the valuation declared by the customer, is entered on the "Addendum to Uniform Household Goods Bill of Lading," prior to the carrier's acceptance of the goods for shipping. Said addendum must be completed and signed in accordance with Rule 570-38-3-.11 in order to establish compliance with this paragraph.

(5) To the extent authorized by law, this Rule, when properly complied with, shall limit the liability of the transporting household goods carrier for damage to or loss of the customer's household goods regardless of whether the damage or loss was caused by the carrier's negligence and from any claims resulting from the performance or failure to perform by the carrier of any services, including accessorial services, which the carrier has contracted to perform for the customer. The transporting household goods carrier shall also be limited as provided by paragraph (9) of Rule 570-38-3-.17 .

(6) A carrier that fails to comply with the requirements of paragraph (1) of this Rule prior to providing transportation or other services to a customer shall be deemed to have consented to full value protection of such customer's articles up to the amount of any damage or loss which occurs to such articles for which the carrier would otherwise be liable at no cost to the customer and without a deductible.

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Valuation of Household Goods" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.11 Bill of Lading Required

(1) The Department shall make available to household goods carriers a Uniform Household Goods Bill of Lading and Addendum for use by such carriers as required by this rule. These documents will be made available to household goods carriers by posting upon a publicly-accessible website maintained by the Department.

(2)

Except to the extent otherwise required by law or these Rules, household goods carriers shall be required to:

(a) Utilize the Uniform Household Goods Bill of Lading and Addendum whenever transporting household goods or performing ancillary services in accordance with the terms of these Rules and/or the Department's maximum rate tariff, provided however that a carrier may utilize a bill of lading and addendum varying in form, design, and format from the Uniform Household Goods Bill of Lading and Addendum so long as the information required by these Rules, contract terms, and conditions still appear on such bill of lading and addendum;

(b)

Include the following information on the face of every completed Uniform Household Goods Bill of Lading used in arranging transportation:

1. The name of the carrier which will transport the shipment in question;

2. The business address, contact telephone number, and contact e-mail address of said carrier;

3. The MCA number assigned to said carrier by the Department of Public Safety;

4. The name, address, and telephone number of a person designated by the customer as the customer's contact person, except when such information is not provided by the customer despite reasonable efforts by the carrier to obtain such information;

5. The address or other information sufficient to locate all points of origin / pick-up locations for each shipment and all destination / drop-off locations for each shipment;

6. The preferred pick-up / loading date, dates, or time period within which pick-up / loading of the shipment is expected to be made at the point(s) of origin / pick-up location(s);

7. The preferred delivery date, dates, or time period within which delivery of the shipment is expected to be made at the destination(s) / drop-off location(s);

A description of all charges to the customer for services rendered in providing transportation and ancillary services with respect to the household goods in question, including but not limited to:

(i) With respect to charges calculated based upon distance travelled and/or weight carried, the point of origin and destination, mileage, and rate utilized in such calculations, as well as the total transportation charge;

(ii) With respect to charges calculated based upon an hourly rate, the start and stop times, number of people and vehicles used, total number of hours worked (less any breaks), and rate utilized in such calculations, as well as the total transportation charge; and

(iii) A separate listing of any charges for ancillary services or packing materials charged;

(c) Complete and review with the customer the terms and conditions of the transportation of household goods and/or ancillary services provided by the carrier as reflected on the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services;

(d) Obtain from the customer a selection of either released value protection or full value protection for valuation of their household goods in accordance with Rule 570-38-3-.10 and ensure that selection is reflected upon the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services related to such household goods;

(e) Obtain the customer's signature upon the Uniform Bill of Lading and Addendum agreeing to the terms and conditions described in subparagraph (c) of this paragraph and the valuation method described in subparagraph (d) of this paragraph prior to providing transportation or ancillary services; and

(f) Provide to the customer a copy of the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services and provide to the customer a copy of any updated or later completed Bill(s) of Lading and Addendum that pertain(s) to the services provided to the customer.

(3)

A carrier may perform transportation or ancillary services without fully complying with the requirements of paragraph (2) of this Rule if (1) such services are necessary to otherwise comply with these Rules or (2) full compliance with paragraph (2) of this Rule is otherwise impossible or infeasible due to factors beyond the carrier's control, provided that

(a) The carrier shall still be required to immediately comply with those requirements of paragraph (2) that are not impossible or infeasible;

(b) The carrier shall be required to comply with the requirements of paragraph (2) that are impossible or infeasible upon their becoming possible or feasible;

(c) Under no circumstances shall a carrier be authorized to transport or perform services related to articles for which a customer has not selected a valuation method of either released value protection or full value protection;

(d) In all circumstances, the customer shall as soon as feasible be given a copy of the Uniform Bill of Lading and Addendum that pertain to the services provided to the customer, provided further that a customer whose articles are put into storage in accordance with these Rules and for a reason other than by request of the customer shall be given a copy of the Bill of Lading pertaining to non-storage related charges as soon as feasible upon such items being placed into storage.

(4) Any alteration, addition, or erasure on a Uniform Bill of Lading and Addendum that is made without the special notation thereupon of the party disadvantaged by the alteration, addition, or erasure shall be without effect and the bill of lading shall be enforceable according to its unaltered terms.

(5)

A customer of a household goods carrier may elect not to accept the terms of the Uniform Household Goods Bill of Lading and Addendum. In such cases:

(a) The liability of the carrier for transporting the customer's household goods and providing ancillary services shall be limited only to the extent required by law;

(b) The customer and household goods carrier shall remain subject to the terms and conditions of the Uniform Bill of Lading and Addendum except to the extent that the terms and conditions of the Uniform Bill of Lading and Addendum pertain to the carrier's liability;

(c) The household goods carrier shall be authorized to charge the customer at rates up to twice those stated in the Department's maximum rate tariff.

(6) In order to invoke the provisions of paragraph (4) of this Rule, the customer must give notice to the carrier of his non-acceptance of the terms of the Uniform Household Goods Bill of Lading and Addendum. The carrier must then indicate upon the Bill of Lading the receipt of such notice and that the transportation of the customer's household goods and ancillary services shall be subject to the conditions described in paragraph (4) of this Rule.

(7)

To the extent authorized by law, a carrier may require a customer electing to accept transportation or services subject to paragraph (4) of this Rule to:

(a) Disclose and state upon the Uniform Household Goods Bill of Lading or Addendum the value of the articles being transported; and

(b) To the extent such customer subsequently claims loss or damage to such articles, provide proof or evidence of such value.

(8) A carrier that fails to comply with the requirements of this Rule shall not be entitled to postpone delivery of a customer' articles or divert the customer's goods to be stored in transit in accordance with paragraph (2) of Rule 570-38-3-.16 , and the Department may assess any penalty authorized by law against such carrier.

(9) Except to the extent otherwise required by law or these Rules, a carrier may carry out the requirements of this Rule by utilizing a Bill of Lading and Addendum in an electronic format and may, unless a customer specifically requests a physical copy of the Bill of Lading and Addendum, present an electronic version of the Bill of Lading and Addendum for the purposes of complying with subparagraphs (c) through (f) of paragraph (2) of this Rule.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-118; 40-1-119
History. Original Rule entitled "Bill of Lading Required" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.12 Moving Guide Required

(1) The Department shall publish a "Moving Guide" for the benefit of customers of household goods movers in this state.

(2) The Moving Guide published by the Department shall be available to household goods carriers at the Department's website, and the Section shall make available to household goods carriers a copy of the Moving Guide upon reasonable request.

(3) Household good carriers shall distribute the Moving Guide to their customers and potential customers as soon as reasonably possible upon being solicited by such customers for transportation services, ancillary services, or estimates for such services, but in any event shall distribute the Moving Guide prior to performing any transportation or ancillary services or otherwise causing the customer to incur any charges.

(4) Carriers may distribute the Moving Guide in physical or electronic form by means of electronic mail or delivery, postal mail, or personal delivery. Carriers shall deliver the Moving Guide through a similar means as the customer's solicitation unless the customer specifically requests otherwise. A carrier shall distribute the Moving Guide to customers whose solicitation is by phone by any of the methods listed in this paragraph or by other mutually agreeable means. A customer may consent to or request distribution by any other method. The carrier shall retain a copy of any such consent or request.

(5) Carriers shall retain proof of their distribution of the Moving Guide to customers as required by this Rule. Carriers who are unable to demonstrate by documentation that a Moving Guide was distributed as required by this Rule shall be assumed to have failed to comply with this Rule.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101
History. Original Rule entitled "Moving Guide Required" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.13 Waiver Forms Prohibited

No household goods carrier shall issue or require a customer to sign a waiver or release of liability form of any kind. The use of such forms by a household goods carrier may result in adverse action pursuant to Rule 570-38-1-.07.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-113
History. Original Rule entitled "Waiver Forms Prohibited" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.14 Storage in Transit

(1) Household goods carriers transporting articles in accordance with this Chapter may store such articles in its warehouse or storage facility or the warehouse of a designee. Such storage shall only occur at the request of the customer that owns or requested the transportation of the articles in question or in circumstances specifically authorizing such storage in accordance with these Rules. Such storage shall only occur in accordance with the requirements of this Rule. A household goods carrier shall not store articles in any manner that is inconsistent with this Rule.

(2) A carrier that is permitted to store household goods pursuant to this Rule may demand payment for accumulated transportation and other lawful charges from the customer at the time goods in transit are delivered to the warehouse or storage facility for storage.

(3)

Except to the extent otherwise authorized by these Rules, articles may be stored only once while being transported, and shall not be stored for a period of more than 180 days beginning upon the date of unloading at the warehouse or storage facility. Articles that are not removed from the warehouse or storage facility at the expiration of the time limit(s) specified by this Rule shall no longer be considered in transit, and the household goods carrier responsible for transporting such articles shall be entitled to demand payment for all charges lawfully accumulated by the customer related to the transportation and/or storage of the articles in question. Upon the expiration of the time period provided for by this Rule,

(a) The warehouse or storage facility at which the articles are then located shall be considered the final destination of such articles;

(b) The customer owning such articles or which contracted with a carrier for the transportation of such articles shall then be subject to the rules, regulations, and charges of the warehouse or storage facility; and

(4)

Household goods carriers transporting articles stored in accordance with this rule shall remove such articles from storage and deliver such articles as soon as reasonably possible upon the customer's request and in accordance with these Rules, provided further that:

(a)

A household goods carrier shall not be permitted to continue to charge a customer for storage of such articles when:

1. The customer has requested removal of such articles from storage and delivery;

2. The carrier has failed to remove such articles from storage within a reasonable period of time; and

3. The carrier's failure to remove such articles from storage is caused by reason other than the fault of the customer;

(b) For the purposes of subparagraph (a) of this paragraph, a "reasonable period of time" shall be defined as five days exclusive of state and federal holidays except to the extent that a carrier demonstrates to the satisfaction of the Department that a longer period of time should be considered reasonable;

(c) A household goods carrier transporting articles from a storage location to a destination in accordance with this paragraph shall be entitled to charge a customer in accordance with the Department's maximum rate tariff as though the storage location were the point of origin of such transportation, including for ancillary services including but not limited to loading of such articles onto the carrier's vehicle(s); and

(d) This paragraph shall not apply to articles that are considered to be at their final destination in accordance with paragraph (3) of this Rule.

(5)

A household goods carrier shall, whenever storing articles or delivering articles to a location to be stored in accordance with this Rule:

(a)

Have and keep in its possession at all times during the storage of such articles records including but not limited to the following information:

1. An itemized list of all articles so stored with the Bill of Lading number pertaining to such articles noted thereupon;

2. The point of origin and intended final destination of such articles;

3. The condition of each article when delivered to the storage location and when loaded from the storage location for further transportation;

4. The character and amount of all charges incurred by the customer pertaining to such articles and charged by the carrier and the amount and date of all payments made by the customer pertaining to such charges; and

5. The date such articles were delivered to the storage location and when loaded from the storage location for further transportation;

(b) If the storage location is not owned or maintained by the household goods carrier, provide to the owner or proprietor of the storage location the records required by subparagraph (a) of this paragraph at the time the household goods are delivered to the storage location and at the time the goods are loaded from the storage location for further transportation.

(6) A customer may take possession of some or all of his or her articles in storage pursuant to this Rule at any time. If a customer takes possession of any such articles, the storage location of such articles shall be considered the final destination of such articles, and the customer shall immediately be responsible for payment of accumulated transportation and other lawful charges by the household goods carrier pertaining to those particular articles, and such carrier shall be entitled to immediately demand such payment.

(7) No household goods carrier storing articles at a warehouse or storage facility in accordance with these Rules shall utilize a warehouse or storage facility which is outside the State of Georgia or which is, in the Department's discretion considering the totality of the circumstances, an unreasonable distance from the intended destination for the articles being stored.

(8) The transportation rates and charges and the maximum rate tariff applicable to articles stored pursuant to this Rule shall be those in effect on the date of the original transportation of such goods.

History

Authority: O.C.G.A. § 40-1-54
History. Original Rule entitled "Storage in Transit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.15 Diversion of Shipments

(1)

A household goods carrier shall allow for the diversion of shipments that are already being transported or being prepared for transportation under the following conditions:

(a) The request for diversion must be made by the customer owning the goods comprising the shipment, the customer who originally contracted with the carrier to provide for transportation of the goods, or an authorized representative or either;

(b) The request for diversion must be communicated in writing, either electronically or in print; and

(c) The diversion must consist of a change in the name of the recipient of the articles, a change in the destination, a change in the route, any other instructions which are necessary to effect delivery and require an addition to or a change in billing or an additional movement of the shipment, or any combination of the above.

(2) When a carrier receives an order for diversion under this Rule, the carrier shall make diligent effort to locate the shipment and effect the desired change, but the carrier shall not be responsible for failure to effect the change ordered unless such failure is due to the error or negligence of the carrier or its authorized representatives or to the extent otherwise required by law or these Rules.

(3) A carrier may charge a customer requesting a diversion under this Rule in accordance with the Department's maximum rate tariff from origin to destination via the point of diversion over the route of movement. In no circumstance shall a carrier charge rates in excess of those in the Department's maximum rate tariff.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-118
History. Original Rule entitled "Diversion of Shipments" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.16 Payments to Household Goods Carriers

(1)

A household goods carrier may require that, before the carrier completes delivery or relinquishes possession of any of a customer's articles, said customer:

(a) Pay all rates and charges accrued by that customer in accordance with the Department's maximum rate tariff; or

(b) Make other payment arrangements satisfactory to the carrier with respect to all such rates and charges.

(2)

If a household goods carrier demands payment or payment arrangements in accordance with paragraph (1) of this Rule but the customer is unable or unwilling to pay or make payment arrangements, the carrier may:

(a) Postpone delivery of the customer's goods until payment or payment arrangements are made and charge the customer in accordance with these Rules and the Department's maximum rate tariff for any services incurred as a result of such postponement, including but not limited to wait time;

(b) Divert the customer's goods to be stored in transit in a manner consistent with Rules 570-3-3-.05 (.13) and (.14); or

(3) Paragraphs (1) and (2) of this Rule shall not apply to any charges in excess of those explicitly agreed to by the customer in writing upon the bill of lading as required by Rule 570-38-3-.11 prior to the carrier providing transportation or other services. A carrier shall not refuse to complete delivery or relinquish possession of any property it transported based upon a customer's refusal to pay or make payment arrangements for charges that were unexpectedly incurred and/or not included in the bill of lading prior to the provision of transportation or other services. A carrier's disclaimer or notice that the customer may incur additional charges in an estimate, bill of lading, contract, or other document shall not excuse a carrier from completing delivery as required by this paragraph.

(4) This Rule shall not limit the right of the carrier to require, at time of or before shipment, the prepayment in part or in full or guarantee of the carrier's charges in accordance with the Department's maximum rate tariff.

(5) Provisions for payment of charges for shipments that are stored in transit are subject to this Rule and Rule 570-38-3-.14 .

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-118
History. Original Rule entitled "Payments to Household Goods Carriers" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.17 Claims for Overage, Loss, or Damage

(1) A claim by a customer of a household goods carrier regulated under these Rules that said carrier charged in excess of the amount(s) authorized by these Rules or lost or damaged property of the customer must be submitted to the carrier in writing (print or electronic) no more than 90 days after delivery or - where the carrier failed to deliver such property - scheduled delivery. If a carrier represents to a customer that delivery is expected at a later date than originally scheduled, this 90-day period shall not commence until the later scheduled delivery date occurs.

(2) A carrier of household goods shall handle to completion all claims for overcharge, loss, or damage in a reasonably timely manner and within 90 days of the filing of the claim with the carrier to the extent feasible. To the extent that a carrier is not able to handle to completion a claim for overcharge, loss, or damage within 90 days of the filing of the claim with the carrier, the carrier shall be required to provide a reasonable explanation as to the cause of the delay, and shall still be required to handle the claim to completion within a reasonable time under the circumstances.

(3) For the purposes of this rule, "completion" means payment or refund of the claim to the claimant, notification to the claimant that the carrier has determined it does not own any amount to the claimant under the relevant law and/or agreement, return to value of any and all claimed lost or damaged property or damage either through replacement or repair, or any other method by which a claim is entirely addressed or the carrier notifies a claimant of the reason(s) why the complaint cannot or will not be entirely addressed.

(4) Except to the extent prohibited by law, claims for loss or damage shall be paid by the carrier at fault and claims for overage shall be paid by the carrier which collected the overage.

(5) Except as provided in paragraph (6) of this Rule, a carrier evaluating a claim for loss or damage shall inspect any and all reported damage and provide for repairs or compensation based on the level of liability selected and defined in the Addendum to Uniform Household Goods Bill of Lading (Shipper Declaration of Value) form. A customer filing a claim for loss or damage under this Rule shall give the carrier a reasonable opportunity to inspect any property alleged to be damaged or lost or else such customer shall not be entitled to full return to value in accordance with this Rule.

(6) Except to the extent prohibited by law, a customer may make a claim for damage or loss to the customer's dwelling or the location comprising the point-of-origin or destination for services provided by a household goods carrier governed by these Rules. Such claims may include damage to or loss of items including but not limited to walls, floors, steps, ceilings, rails, doors, driveways, lawns, fences, patios, or garages. Such items are not required to be listed in the Shipper's Declaration of Value form in order for a carrier to be held responsible for loss or damage to said items. Transit-related damage to a customer's dwelling or surrounding area is not subject to or governed by the Shipper's Declaration of Value form, which is only intended to relate to a customer's household goods articles. If any such damage is determined to be transit related, the carrier shall repair or restore to original condition or otherwise make whole the claimant by compensation.

(7) In no event shall the carrier's liability for lost or damaged property under this Rule exceed the cost of repairing or replacing the property lost or damaged with material of like kind and quality not exceeding the actual cash value of the property at the time and place of loss, nor shall the carrier's liability exceed the values established in accordance with Rule 570-38-3-.10 .

(8) No carrier subject to regulation under this Subchapter shall collect or require a shipper to pay any charges relating to lost or damaged goods or articles when a shipment is completely or totally lost or destroyed in transit, provided however that the carrier shall be entitled to collect and the customer shall be required to pay any specific valuation charges that are due to the carrier for such shipment. This paragraph shall not apply to the extent that any such loss or destruction is due to the act or omission of the customer.

(9)

Except to the extent otherwise required by law, in no event shall a carrier be liable for:

(a) Loss or damage to any property occurring after the property has been delivered to or received by the customer or the customer's agent;

(b) Loss or damage to any property occurring before the property has been handled or loaded by the carrier;

(c) Articles of extraordinary value including, but not limited to, documents, currency, money, jewelry, watches, precious stones, accounts, bills, deeds, evidences of debt, securities, notes, collectibles, articles of peculiarly inherent value, precious metals or articles manufactured therefrom, or any article with a value in excess of $100.00 per pound, except to the extent that such items are specifically listed in the bill of lading;

(d) Damage or loss to articles that were packed and/or prepared by the customer or the customer's agent to the extent the damage was caused by the negligence of the customer or the customer's agent in packing and/or preparing such articles for transportation; or

(e) The quality of products furnished, services performed, or damages to property or premises as a result of engaging any third person or persons in accordance with Rule 570-38-3-.05(10) .

(f) Constructive damage to household goods articles that comprise part of a "matched set" of articles that did not actually receive damage. Except to the extent otherwise required by law, in instances in which a carrier is liable for one or more articles comprising a matched set or group of articles, the carrier shall only be liable for repair, compensation, or replacement of the lost or damaged article(s) and shall not be liable for repair, compensation, or replacement of the entire set or group of articles.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-127
History. Original Rule entitled "Claims for Overage, Loss, or Damage" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.18 Agents of Household Goods Carriers Prohibited

Household goods carriers may not appoint any agent to operate under their authority. Household goods carriers shall only perform the carrying of household goods while operating under their own name as provided on their certificate.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101
History. Original Rule entitled "Agents of Household Goods Carriers Prohibited" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-3-.19 Advertising

(1) For the purposes of this rule, the term "advertisement" shall mean any communication to the public or targeted to an individual or group of individuals, in any media format, including but not limited to print, electronic / internet, television, radio, or in-person or phone solicitation, which comprises in part or in whole an offer of sale of the goods or services or an effort by the advertising person or entity to generate business or solicit new or existing customers.

(2)

Advertisements by or for a household goods carrier or goods or services offered by a household goods carrier shall include, in a manner easily discernable by a person viewing, listening to, or otherwise perceiving the advertisement, the following information:

(a) The business name of the household goods carrier as it appears on the certificate issued to the carrier pursuant to this Chapter;

(b) The current physical business address of the household goods carrier;

(d) The certificate number of the household goods carrier's certificate issued by this Department pursuant to this Chapter.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-129
History. Original Rule entitled "Advertising" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-4 Passenger Carriers

Ga. Comp. R. & Regs. r. 570-38-4-.01 Scope

This Subchapter shall apply to persons and entities transporting passengers for hire in intrastate transportation in motor vehicles except that this Subchapter shall not apply to:

(1) Limousine services which are subject to Subchapter 570-5 of these Rules;

(2) Taxi services and/or any transportation network company, including but not limited to ride share network services, transportation referral services, and transportation referral service providers, which are subject to Subchapter 570-6 of these Rules; and

(3) Any person or entity which is otherwise exempt by law from regulation as a passenger carrier or any persons or entities which are otherwise exempt by law from regulation while transporting passengers for hire in intrastate transportation in a motor vehicle.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-01
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.02 Definitions

(1) Except as provided in paragraph (2) of this rule, when used in this Subchapter, the terms defined in O.C.G.A. §§ 40-1-1 and 40-1-100 shall have the same definition as provided in those code sections. Where a conflict exists between a definition provided by paragraph (2) of this rule and state law, the definition provided state law shall control.

(2)

For the purposes of this Subchapter, the term

(a) "Disabled" shall mean an individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to utilize mass transportation facilities as effectively as persons who are not so affected.

(b) "Elderly" shall mean an individual or individuals over the age of 60 years;

(c) "Non-Emergency Medical Passenger Carrier" or "NEMPC" shall mean any person or entity that is defined by this Rule as a passenger carrier and that owns or operates vehicles for the purpose of transporting persons who are elderly or disabled to or from a location or locations to receive medical care or prescription medication, provided however that an entity that is specifically excluded from being defined as a "motor carrier" pursuant to O.C.G.A. § 40-1-100(12)(B) or a similar applicable law shall not be considered a NEMPC.

(d) "Passenger carrier" shall mean any person or entity who is falls within the scope of this Subchapter pursuant to Rule 570-38-4-.01 .

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-01
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.03 Operation or Advertisement as a Passenger Carrier without a Certificate Prohibited

(1) No person or entity to whom or to which this Subchapter applies shall operate as or hold itself out to be a passenger carrier without first obtaining a passenger carrier certificate from the Department in accordance with Subchapter 2 of this Chapter.

(2) The Department may assess any penalty authorized by law upon finding that any person or entity is operating or holding itself out as a passenger carrier without a certificate in violation of this Subchapter or O.C.G.A. § 40-1-56 .

(3) In accordance with Rule 570-38-2-.15 and except to the extent required by law so as to carry out the requirements of this Chapter, no certificate issued or obtained in accordance with this Subchapter shall vest any property right to operate as a passenger carrier over the highways of this state or over some portion of the highways of this state, regardless of the use of the term "certificate" to describe the document authorizing the holder's operation as a passenger carrier in accordance with this Subchapter.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-55; 40-1-56; 40-1-101; 40-1-123
History. Original Rule entitled "Operation or Advertisement as a Passenger Carrier without a Certificate Prohibited" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.04 Minimum Required Insurance

(1)

No passenger carrier to which this Subchapter is applicable shall operate or hold itself out to be a passenger carrier without:

(a) First complying with Rule 570-38-2-.05 of these Rules, provided however that the passenger carrier shall be required to comply with subparagraph (b) of this paragraph in lieu of complying with paragraph (8) of that Rule;

(b)

Securing and having in effect a policy of insurance by an insurance company licensed to do business in this state, which policy provides for the protection of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents in an amount equal to or greater than the following:

Schedule of Minimum Required Coverage

Type of Equipment / Vehicle

Limit for bodily injury to or death of one person

Limit of bodily injuries to or death of all persons injured or killed in any one accident (subject to limit for injuries to one person)

Limit for loss or damage in any one accident to property of others (excluding cargo)

Passenger vehicle with a seating capacity of 12 people or less

$100,000.00

$300,000.00

$50,000.00

Passenger vehicle with a seating capacity of more than 12 people

$100,000.00

$500,000.00

$50,000.00

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-112
History. Original Rule entitled "Minimum Required Insurance" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.05 Free Transportation

(1) Passenger carriers shall not directly or indirectly issue, give, tender, or honor free transportation except during emergency situations or as otherwise provided by law, except that passenger carriers may give exchange free transportation within the limits of this rule to their bona fide officers, agents, employees, regularly employed attorneys, and dependent family members of those persons.

(2) Except to the extent prohibited by law, passenger carriers may carry any legally blind or disabled person accompanied by a guide or caregiver at the usual and ordinary fare charged to one person.

(3) Passenger carriers may offer free or reduced-rate transportation to persons who are travelling in connection with a religious, non-profit, or charitable program or purpose upon such terms and conditions as may be prescribed by the motor carrier and if such terms and conditions apply uniformly to all persons travelling in connection with such programs or for such purpose.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-119; 40-1-128
History. Original Rule entitled "Free Transportation" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.06 Requirements for Non-Emergency Medical Passenger Carriers

Non-Emergency Medical Passenger Carriers that are required to be regulated as transportation providers in accordance with Georgia Department of Community Health ("GDCH") rules and regulations, including but not limited to the GDCH Division of Medicaid Policies and Procedures for Non-Emergency Medical Transportation shall comply with all rules, regulations, requirements, and restrictions applicable to such carrier. No carrier subject to GDCH regulation shall not be authorized to provide service as a NEMPC until and unless such carrier has demonstrated compliance with such regulations to the satisfaction of the Department.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-119; 40-1-128
History. Original Rule entitled "Requirements for Non-Emergency Medical Passenger Carriers" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.07 Passenger Carrier Customer Tickets

(1) Passenger carriers that operate at particular physical locations (e.g. terminals or stations) or advertise that they operate at particular physical locations must provide tickets at all such locations and must provide the necessary resources and personnel at such locations to allow for customers to purchase tickets and associated services from said carriers at all such locations.

(2) All tickets when sold must have the date or dates for which the ticket is valid stamped or printed thereon.

(3) Tickets when sold shall be redeemable for transportation when presented to the driver of a vehicle operated by that passenger carrier on a date for which the ticket is valid and in accordance with any other agreed upon terms.

(4) One-way tickets shall be redeemable at their sale price in money by the company or its agent within sixty days after the sale date stamped thereon and round trip tickets within thirty days. If no date of sale is stamped or printed thereon such tickets shall be redeemable upon presentation at any time by the purchaser accomplished by satisfactory proof of purchase.

(5)

Notwithstanding paragraph (4) or any other provision of this Rule, a ticket shall not be redeemable at its sale price in money if:

(a) the ticket has already been used for transportation services in accordance with the terms of the ticket; or

(b) the valid date or dates of the ticket have already completely passed.

(6) Partially used tickets shall be redeemed on the basis of difference between the sale price and the lawful fare, from and to the station between which the passenger was actually transported.

(7) This rule does not apply to excursion tickets sold for transportation on special occasions.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-56; 40-1-101; 40-1-119
History. Original Rule entitled "Passenger Carrier Customer Tickets" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.08 Passenger Carrier Customer Baggage

(1) Passenger carriers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, size, and value of which the passenger carrier may limit by its rules, regulations, or policies, subject to the requirements and limitations of law and these rules.

(2) To the extent that a passenger carrier provides a checking service for customer baggage, the carrier shall separately mark and assign a checked bag receipt for each checked bag to any customer using such service. The passenger carrier shall at all times furnish to the drivers or operators of its vehicles an adequate supply of such receipts to accommodate the requirements of this Rule.

(3) A passenger that is required to or that does check or surrender physical possession of any piece or pieces of his or her baggage to the passenger carrier for storage in a compartment or area of the passenger carrier's vehicle other than that occupied by the passenger shall not be responsible for loss or damage to said baggage except to the extent required by law.

(4) A customer or passenger of a passenger carrier that does not check a particular piece or pieces of baggage but instead retains physical possession of said baggage shall assume full responsibility for his or her own baggage, and the passenger carrier shall not be responsible to the passenger for loss or damage to said baggage except to the extent required by law.

(5) A passenger carrier may require that customers or passengers pay in advance of travel for any excess baggage fees the customer or passenger is subject to pursuant to the rules, regulations, and policies of the passenger carrier as authorized by these Rules.

(6)

In the event that an item or items of baggage are not immediately claimed by the passenger / owner of the baggage upon a passenger carrier reaching a destination, the driver or operator of the vehicle shall:

(a) If the destination is a "station" or physical location at which the passenger carrier operates or conducts business and the passenger carrier has the resources to accommodate such baggage, deliver the unclaimed baggage to that location for safekeeping until the item(s) can be claimed by the owner or can reasonably be determined to be abandoned;

(b) If the destination is not a "station" or physical location at which the passenger carrier operates or conducts business or the passenger carrier does not have the resources to accommodate such baggage at the location, make reasonable efforts to store and keep safe the baggage until it can be claimed by the owner or until it can reasonably be determined to be abandoned; and

(c) In any event, make reasonable efforts to contact the owner of the baggage and inform him or her of the unclaimed baggage if the owner can be readily ascertained from the records of the passenger carrier, from the baggage itself, or from other facts known to the carrier.

(7) Baggage containing money, jewelry, negotiable paper, liquids, glassware, or other perishable or fragile articles or articles of unusually high value must not be checked or received for transportation without a declared valuation. To the extent that such declared value exceeds the value provided for in paragraph (8) of this Rule, carriers may assess additional charges for transportation of such articles provided that such charges do not exceed any maximum rates established by the Department by rule, tariff, or order. If such articles or baggage containing such articles are checked or delivered for transportation by a passenger without making manifest of such contents and the value thereof, the carrier shall not be liable therefore in excess of the amount provided for in paragraph (8).

(8) Subject to the limitations and conditions set forth herein three pieces of hand baggage, not to exceed a total weight of one hundred pounds nor exceeding two hundred and fifty dollars ($250.00) in value, shall be carried free of charge for each adult passenger. Children travelling on less than adult fare shall be limited on the above basis in the proportion that the child's fare bears to the adult fare. No allowance shall be permitted on tickets purchased for the sole purpose of avoiding the payment of excess baggage.

(9) A carrier may reject and refuse to transport any articles or baggage containing any articles described in paragraph (10) of this Rule or any articles or baggage that are reasonably deemed by the passenger carrier or its operator or driver to be too heavy, bulky, fragile, or not in proper condition for transportation.

(10)

Except to the extent such activity is specifically required to be authorized by law, passenger carriers, their drivers, operators, or agents, shall not knowingly permit, and no person shall offer for transportation, any dangerous substance or material to be loaded in or upon any passenger carrying vehicle or to be stored as baggage in or upon the premises of any passenger carrier's station, terminal, or physical place of business, which shall include but not be limited to the following:

(a) Loaded firearms;

(b) Illegal narcotics, dangerous drugs, or controlled substances;

(d) Any hazardous material of article prohibited to be transported aboard a passenger carrying vehicle provided for under 49 C.F.R. § 177.870 .

(11) Paragraph (10) of this Rule shall not apply to the carrying of firearms by law enforcement officers.

History

Authority: O.C.G.A. §§ 40-1-154; 40-1-101; 40-1-119; 40-1-120
History. Original Rule entitled "Passenger Carrier Customer Baggage" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-4-.09 Passenger Carriers to Utilize only Authorized Vehicles, Operators

(1)

For the purposes of this Rule, the term "leased" shall mean:

(a) Conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of at least one year; or

(b)

Conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of less than one year due to unanticipated demand or other business circumstances that require conveyance for a period of less than one year, provided that in such instances,

1. A passenger carrier that is a party to such lease shall, no later than 72 hours after entering such lease, provide to the Department that information required by Rule 570-38-2-.04(2)(f) relating to any and all vehicles subject to such lease that will be used to provide transportation in accordance with this subchapter;

2. Ensure that the operator of any vehicle subject to such lease has in the vehicle proof of adequate insurance required by law and a copy of the agreement comprising the lease whenever the vehicle is being used to perform transportation subject to this subchapter;

3. Upon the Department's request, provide a written explanation as to the unanticipated demand or other business circumstances that existed to require conveyance for a period of less than one year.

(2) Except to the extent otherwise authorized by law, this Chapter, or the Department, a passenger carrier performing transportation regulated by this Subchapter shall only be authorized to utilize vehicles that are owned or leased by the carrier itself or a person or entity with ownership interest in the carrier. Such vehicles shall only be operated by persons who (a) are specifically authorized to do so by the carrier; (b) are not otherwise prohibited from doing so by state law or this Chapter; and (c) meet all requirements and possess all documents required by state law and this Chapter to operate the vehicle in question.

(3) Except to the extent otherwise authorized by law, this Chapter, or the Department, a passenger carrier shall not be entitled to utilize any vehicle in the performance of transportation regulated by this Subchapter unless the carrier has fulfilled all other requirements and conformed to all other limitations contained within this Subchapter and within state law relating to such vehicle.

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-101
History. Original Rule entitled "Passenger Carriers to Utilize only Authorized Vehicles, Operators" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-5 Limousine Carriers

Ga. Comp. R. & Regs. r. 570-38-5-.01 Scope

This Subchapter shall apply to all limousine carriers as defined by O.C.G.A. § 40-1-151.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-151; 40-1-152; 40-1-169
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.02 Definitions

For the purposes of this Subchapter, the terms defined by O.C.G.A. § 40-1-151 shall have the same definition(s) provided in that code section, except where otherwise provided by these Rules.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-151; 10-1-152; 40-1-169
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.03 Operation or Advertisement as a Limousine Carrier without a Certificate Prohibited

(1) No person or entity to whom or to which this Subchapter applies shall operate as or hold itself out to be a limousine carrier without first obtaining a limousine carrier certificate from the Department in accordance with O.C.G.A. § 40-1-152 and this Chapter.

(2) The Department may assess any penalty authorized by law upon finding that any person or entity is operating or holding itself out as a limousine carrier without a certificate in violation of O.C.G.A. § 40-1-152 or this Chapter.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-151; 10-1-152; 40-1-169
History. Original Rule entitled "Operation or Advertisement as a Limousine Carrier without a Certificate Prohibited" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.04 Rules Applicable to Limousine Carriers

(1) Certificates shall be issued to limousine carriers and shall otherwise be subject to the provisions of Subchapter 2 of this Chapter.

(2) Limousine carriers shall be subject to the requirements and duties articulated in Part 3 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated. To the extent that the requirements and duties articulated in Part 3 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated conflict with any provision of this Chapter, the duties and requirements of that Part shall supersede the requirements of this Chapter.

(3) To the extent applicable to vehicles defined as limousines by O.C.G.A. § 40-1-151 , the Federal Motor Carrier Safety Rules adopted by the Department through these Rules, the Department's Transportation Rulebook, or otherwise, shall apply to limousine carriers as minimum safety requirements for all vehicles operated by limousine carriers for hire in interstate and intrastate commerce in Georgia.

(4) Except to the extent such interpretation conflicts with the provisions of this Subchapter, the Federal Motor Carrier Safety Rules made applicable to limousine carriers through paragraph (3) of this Rule shall be interpreted in accordance with the provisions of Rule 570-38-1-.05 .

(5) In accordance with but without limitation to paragraph (3) of this Rule, the vehicles operated by limousine carriers in Georgia shall be equipped, maintained, operated, and inspected in accordance with the standards prescribed in 49 C.F.R. Parts 393 through 396, and vehicle drivers shall be qualified under and shall continuously comply with 49 C.F.R. Parts 392 and 395.

(6) For the purposes of this Rule, any reference to limousines or limousine carriers in the Federal Motor Carrier Safety Rules adopted by the Department shall be interpreted to include all limousine carriers subject to the Department's jurisdiction subject to Part 3 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-150 through 40-1-170
History. Original Rule entitled "Rules Applicable to Limousine Carriers" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.05 Inspections of Limousines

(1) In addition to the requirements applicable to limousine carriers through Subchapter 2 of this Chapter, all limousine carriers shall allow their limousines to be inspected prior to being used to perform transportation subject to this subchapter. Inspection must be done by a certified mechanic and the results of the inspection must be submitted to the Department for review and approval. Inspections which reveal that any of a limousine carrier's vehicles or group of vehicles are not in safe working order at the sole discretion of the Department may result in that vehicle or those vehicle(s) being disqualified from use by the limousine carrier and the limousine carrier being assessed any penalty authorized by law, including but not limited to the certificate of the limousine carrier being denied, suspended, or revoked and/or civil or criminal penalties.

(2) Except to the extent prohibited by law, the Department may require limousine carriers and/or their limousines, any subset of their limousines, or any individual limousine, to undergo additional safety inspections in accordance with terms imposed by the Department. Failure by a limousine carrier to comply with such safety inspections, or the failure of a limousine carrier's limousine or limousines to satisfactorily pass any such safety inspections authorized by law may result in that vehicle or those vehicle being disqualified from use by the limousine carrier and the limousine carrier being assessed any penalty authorized by law, including but not limited to the certificate of the limousine carrier being suspended or revoked and/or civil or criminal penalties.

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-151; 10-1-152; 40-1-154; 40-1-169
History. Original Rule entitled "Inspections of Limousines" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.06 Limousine Carriers to Utilize only Authorized Vehicles, Operators

(1)

For the purposes of this Rule, the term "leased" shall mean:

(a) Conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of at least one year; or

(b)

1. A limousine carrier that is a party to such lease shall, no later than 72 hours after entering such lease, provide to the Department that information required by Rule 570-38-2-.04(2)(f) relating to any and all vehicles subject to such lease that will be used to provide transportation in accordance with this subchapter;

3. Upon the Department's request, provide a written explanation as to the unanticipated demand or other business circumstances that existed to require conveyance for a period of less than one year.

(2) Except to the extent otherwise authorized by law, this Chapter, or the Department, a limousine carrier performing transportation regulated by this Subchapter shall only be authorized to utilize vehicles that are owned or leased by the carrier itself or a person or entity with ownership interest in the carrier. Such vehicles shall only be operated by persons who (a) are specifically authorized to do so by the carrier; (b) are not otherwise prohibited from doing so by state law or this Chapter; and (c) meet all requirements and possess all documents required by state law and this Chapter to operate the vehicle in question.

(3) Except to the extent otherwise authorized by law, this Chapter, or the Department, a limousine carrier shall not be entitled to utilize any vehicle in the performance of transportation regulated by this Subchapter unless the carrier has fulfilled all other requirements and conformed to all other limitations contained within this Subchapter and within state law relating to such vehicle.

History

Authority: O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-101; 40-1-152; 40-1-153; 40-1-169
History. Original Rule entitled "Limousine Carriers to Utilize only Authorized Vehicles, Operators" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-5-.07 Right to Revoke, Alter, or Amend Certificate

With respect to limousine carriers, the Department shall have, in addition to its authority to suspend or revoke certificates granted under this Chapter by Rule 570-38-2-.13, the right to revoke, alter, or amend the certificate of a limousine carrier in accordance with O.C.G.A. § 40-1-161.

History

Authority: O.C.G.A. §§ 40-1-54; 50-1-152; 40-1-161
History. Original Rule entitled "Right to Revoke, Alter, or Amend Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-6 Transportation Network Companies and Taxi Services

Ga. Comp. R. & Regs. r. 570-38-6-.01 Scope

This Subchapter shall apply to all ride share drivers, ride share network services, taxi services, transportation referral services, and transportation referral service providers as defined by O.C.G.A. § 40-1-190 and subject to regulation by O.C.G.A. §§ 40-1-190 through 200.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-190; 40-1-197
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.02 Definitions

When used in this Subchapter, the terms defined in O.C.G.A. §§ 40-1-190 and 33-1-24 shall have the same definition as provided in those code sections. Where a conflict exists between the definitions provided by these code sections, the definition provided for by O.C.G.A. § 40-1-190 shall be controlling.

History

Authority: O.C.G.A. §§ 40-1-54; 33-1-24, 40-1-190, 40-1-197
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.03 License Application

(1) Except as provided for by law, before any ride share network service, taxi service, or transportation referral service provider transports any passengers, refers any passengers to be transported by another person or entity, or connects any passengers with any other person or entity for transport on or over any public highway of the State of Georgia, said ride share network service, taxi service, or transportation referral service provider shall first register with and secure an annual license from the Department using a form or forms supplied by the Department and pay a fee of no more than $100.00 based upon the date on which the registration is made and as set forth on the registration forms. The filing fee shall accompany the registration, and the registration shall not be complete until the fee is paid. The registration fee is nonrefundable.

(2)

A person or entity may register for a license as a ride share network service, a taxi service, and a transportation referral service (or any combination thereof) using a single registration, provided the following requirements are met:

(a) the registrant pays the required filing fee for each license for which the registrant is applying;

(b) the registrant indicates on their registration form(s) which license(s) the registrant is applying for; and

(c) the registrant meets all of the other requirements in these Rules and under federal and state law to receive and maintain all licenses for which they are applying.

(3) A person or entity which is a "limousine carrier" as defined by O.C.G.A. § 40-1-151 , and which (1) is certified by the State as a limousine carrier; (2) is in good standing; and (3) has complied with the requirements under State law pertaining to limousine carriers shall be automatically registered as a transportation referral service provider through the licensure and permitting process pertaining to limousine carriers. Such persons or entities shall not be required to register separately for a license as a transportation referral service provider or register for renewal as contemplated in Rule 570-38-6-.05 , provided such person or entity complies with the renewal requirements applicable to them as a certified limousine carrier.

(4)

The registration form provided by the Department shall require that the registrant provide the following information:

(a) the name of the person or entity registering for a license;

(b) the current business address of the person or entity registering for a license;

(d) the current e-mail address of the person or entity registering for a license;

(e) if the registrant is an entity, the full name(s) and mailing address(es) of the owner(s) of that entity;

(f)

if the person or entity is registering for a license as a transportation referral service provider:

1. a certification that the registrant meets and will throughout the term of their license continue to meet all requirements under state law for registration and operation as a transportation referral service provider; and

2. a current list of all limousine carriers and taxi services that it utilizes to provide transportation services in this state at the time of their application which complies with the requirements of Rule 570-38-6-.10(1)(a) .

(g) If the person or entity is registering for a license as a ride share network service, a certification that the registrant meets and will throughout the term of their license continue to meet all requirements under state law for registration and operation as a ride share network service;

(h) If the person or entity is registering for a license as a taxi service, a certification that the registrant meets and will throughout the term of their license continue to meet all requirements under state law for registration and operation as a taxi service; and

(i) Any other information deemed necessary by the Department and authorized by law for the Department to require as part of the registration process.

(5) The business name provided by the applicant in its application must match the business name listed on all additional documentation the applicant is required or requested to submit to the Department in accordance with law or these Rules during the application process or while operating as a ride share network service, taxi service, transportation referral service, or transportation referral service provider.

(6)

The Department shall issue a license if:

(a) the registration form(s) is/are complete;

(b) the registrant has complied with all requirements of state law pertaining to licensure as a ride share network service, transportation referral service provider, and/or taxi service; and

(7) The Department may refuse to issue a license where the registrant has failed to meet the requirements set forth in paragraph (6) of this Rule. If the Department denies a registrant a license under this Rule, the registrant shall be entitled to a hearing to contest the denial only upon written request made within 30 days of notice of denial as defined in paragraph (7) of this Rule.

(8)

The Department shall notify registrants for a license under this Rule of any license denial by certified mail to the address provided by the registrant pursuant to subparagraph (4)(b) of this Rule. Notice under this rule shall be deemed effective by the earlier of

(1) the date upon which delivery by certified mail is made of the notice to the registrant; or

(2) three days after notice is sent by certified mail to the registrant.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Application" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.04 License Period and Expiration

(1) Licenses issued pursuant to Rule 570-38-6-.03 and Rule 570-38-6-.06 shall be valid except as otherwise provided in this Subchapter for an annual period commencing on January 1 st of the year in which the license is granted and expiring on December 31 st of the year in which the license is granted unless revoked, suspended, or amended. There is no grace period except as provided for in paragraph (3), below.

(2) Licenses renewed pursuant to Rule 570-38-6-.05 shall be valid except as otherwise provided in this Subchapter, for a period of one year, commencing on January 1 st of the year following the expiration of the renewed license and expiring on December 31 st of the same year unless revoked, suspended, or amended. There is no grace period except as provided for in paragraph (3) of this Rule.

(3) Failure to renew a license prior to the license's expiration shall result in expiration of the license, except that a registrant who has submitted a complete license renewal registration prior to the expiration of a license and whose license expiration date occurs while such registration is pending shall be deemed to have a current and unexpired license until the Department takes action with respect to the renewal registration.

(4) Except as provided for by law, any ride share network service, taxi service, or transportation referral service provider whose license has expired shall be required to obtain a new license as provided for in this Rule before any such ride share network service, taxi service, or transportation referral service provider transports any passengers, refers any passengers to be transported by another person or entity, or connects any passengers with any other person or entity for transport on or over any public highway of the state.

(5) Registrants cannot renew an expired license, but shall be required to complete another registration under Rule 570-38-6-.03 , except that a registrant who has submitted a renewal registration prior to the expiration of their license shall be entitled to renewal of their license by the Department even following the expiration of their license so long as they are otherwise entitled to renewal under these Rules.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Period and Expiration" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.05 License Renewal

(1) Applications to renew a license issued pursuant to this Rule must be submitted on a form designated by the Department no sooner than 90 days prior to the expiration of the license.

(2) Unless otherwise provided by these Rules or by the form designated by the Department for the purpose of renewing a license issued under these Rules, an applicant for a renewed license must comply with all of the requirements to which that applicant would be subject under Rule 570-38-6-.03 as a new registrant in order for the renewal application to be considered complete.

(3) Applications for renewal shall be accompanied by an annual renewal fee of no more than $100.00 as set forth on the application. A renewal application shall not be complete and ready for favorable Department action until such fee is paid. Such fees are nonrefundable.

(4)

The Department shall renew a license if:

(a) the renewal application is complete;

(b) the registrant has complied with all requirements of state law pertaining to licensure as a ride sharing network service, taxi service, and/or transportation referral service provider; and

(5) The Department may refuse to renew a license where the registrant has failed to meet the requirements set forth in paragraph (4) of this Rule. If the Department denies a registrant renewal of a license under this Rule, the registrant shall be entitled to a hearing to contest the denial only upon written request made within 30 days of notice of denial as defined in paragraph (6) of this Rule.

(6)

The Department shall notify registrants for renewal of a license under this Rule of any renewal application denial by certified mail to the address provided by the registrant pursuant to subparagraph (4)(b) of Rule

570-38-6-.03

and as updated by this Rule and Rule

570-38-6-.06

. Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice; or

(b) three days after notice is sent by certified mail to the license holder, person, or entity.

(7) Renewed licenses shall expire in accordance with Rule 570-38-6-.04 .

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "License Renewal" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.06 Changes to Licensee's Information

(1) In the event of a change of a name or ownership by the holder of a license (including acquisition of controlling interest in a corporate entity), or the change of any information provided by the holder of a license pursuant to subparagraphs (4)(a) through (e) of Rule 570-38-6-.03 , application for a replacement license shall be made to the Department and the old license surrendered to the Department before another license can be issued. The requirement for surrender of a registrant's old license may be waived at the Department's discretion, but such license will regardless become void and invalid upon the issuance of any subsequent license under this Rule.

(2) No fee shall be required from a license holder who applies for a replacement license pursuant to paragraph (1) of this Rule so long as that license holder's license is unexpired and otherwise valid under these Rules.

(3) An application for a replacement license shall be made in the same manner as for an original license, except that the license holder seeking a replacement license shall indicate on the application that they are seeking a replacement for an existing license.

(4)

A replacement license shall be requested no later than

(a) 30 days following the event or change requiring the replacement license; or

(b) The last day for renewal of the existing license pursuant to Rule 570-38-6-.04 , whichever is sooner.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "Changes to Licensee's Information" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.07 Transferability of License

Any license issued by the Department pursuant to this Subchapter shall not be assignable or transferable to any other person, firm, corporation, or other entity, except as provided in this Subchapter.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197
History. Original Rule entitled "Transferability of License" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.08 Copies of License to be Maintained by Licensee

(1) Ride share network services, taxi services, and transportation referral service providers licensed in accordance with this Subchapter shall maintain their original license or a photocopy thereof within their office(s) or principal place of business within this state. If a ride share network service, taxi service, or transportation referral service provider does not have an office or a principal place of business within this state, the ride share network service, taxi service, or transportation referral service shall maintain their original license or a photocopy thereof at a location or in a manner which allows the license or photocopy to be readily displayed to a member of the public within this state or the Department upon reasonable request. A ride share network service, taxi service, or transportation referral service provider may satisfy the requirements of this paragraph by maintaining an electronic copy of its license on a publicly available website and by doing so shall be deemed to be in compliance with this paragraph regardless of whether such ride share network service, taxi service, or transportation referral service provider has an office or principal place of business within the state.

(2) Ride share network services, taxi services, and transportation referral service providers shall maintain a copy of their license in every motor vehicle it owns or leases which are required to be registered with the Department of Public Safety. A ride share network service, taxi service, or transportation referral service provider shall be deemed to be in compliance with this paragraph if the driver operating a vehicle subject to this paragraph is capable of displaying in either print or electronic format the license number of the ride share network service, taxi service, or transportation referral service provider which owns or leases the vehicle.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-197
History. Original Rule entitled "Copies of License to be Maintained by Licensee" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.09 Suspension or Revocation of License

(1) A license issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.

(2) Except where otherwise provided for by law, prior to suspension or revocation of a license pursuant to paragraph (1) of this Rule, the person or entity holding that license shall be provided notice and an opportunity for a hearing. Notice shall be made by certified mail to the most recent address provided by the license holder pursuant to subparagraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-6-.06 .

(3) A license holder shall be notified of the Department's decision to suspend or revoke a license by certified mail to the most recent address provided by the license holder pursuant to subparagraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-6-.06 .

(4)

Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice; or

(b) three days after notice is sent by certified mail to the license holder.

(5) A license holder shall be entitled to a hearing to contest the suspension or revocation of their license under this Subchapter upon written request made within 30 days of the date of notice of suspension or revocation.

(6) Suspensions and revocations of licenses pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the licensee and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the license, except as otherwise required by law and as otherwise ordered by the Department.

(7) Except as otherwise provided in this Subchapter, the license of a license holder which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the licensee upon the date or following the term specified by the Department in the order suspending the license.

(8)

Paragraph (7) of this Rule notwithstanding,

(a) if a license becomes expired during a term of suspension, it shall remain expired until the license holder complies with the renewal requirements of Rule 570-38-6-.05 ; and

(b) if a subsequent order is issued by the Department which pertains to the license or suspension of a license in question, that order shall control.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-194; 40-1-197
History. Original Rule entitled "Suspension or Revocation of License" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.10 Required Records

(1)

Each person or entity licensed as a transportation referral service provider shall be required to

(a)

maintain a list of all limousine carriers and taxi services that it utilizes to provide transportation services in this state which includes, at a minimum:

1. the name of each limousine carrier or taxi service;

2. the license number(s) issued to each limousine carrier or taxi service by the Department;

3. the current business address of each limousine carrier or taxi service; and

4. the current business telephone number of each limousine carrier or taxi service;

(b) provide such list to the Department as a part of the registrant's initial application for a license as a transportation referral service provider as provided for in subparagraph (4)(f)2. of Rule 570-38-6-.03 ; and

(c) Provide a current and updated version of such list every calendar month thereafter for as long as the person or entity retains a license as a transportation referral service provider.

(2)

Each person or entity licensed as a ride share network service shall be required to maintain a list of all ride share drivers who are enrolled in its network in this state which includes, at a minimum, each ride share driver's:

(a) name;

(b) date of birth;

(d) an indication of whether each driver has a current for-hire license endorsement or has passed a current private background check as required by O.C.G.A. § 40-5-39 .

(3)

Each person or entity licensed as a taxi service shall be required to maintain a list of all drivers utilized by such taxi service in this state, whether as employees or independent contractors, which includes, at a minimum, each driver's:

(a) name;

(b) date of birth;

(d) an indication of whether each driver has a current for-hire license endorsement or has passed a current private background check as required by O.C.G.A. § 40-5-39 .

(4) The Department may request to inspect the lists required by paragraphs (1), (2), and (3) of this Rule at any time. Persons and entities requested to make such lists available for inspection are required to respond as soon as reasonably possible, and, absent extenuating circumstances, the requested list shall be made available for inspection within 96 hours of the Department's request.

(5)

In the event a person or entity is unable to respond to a request under paragraph (4) of this Rule within 96 hours due to extenuating circumstances, the person or entity shall:

(a)

within 96 hours of the Department's request:

1. provide an explanation to the Department of the nature of the extenuating circumstance and the reason for which the person or entity is unable to comply with the request within 96 hours; and

2. provide an estimate of the amount of time needed to comply with the Department's request; and

(b) still be obligated to comply with the Department's request as soon as reasonably possible.

(6)

The lists kept for inspection pursuant to paragraphs (2) and (3) of this Rule and the lists provided to the Department pursuant to paragraph (1) of this Rule shall be kept and provided in either:

(a) electronic .xlsx. .xls, .docx, or .doc format, or in a comparable electronic and text-searchable format deemed acceptable at the sole discretion of the Department; or

(b) a typed and easily legible format deemed acceptable at the sole discretion of the Department.

(7) A transportation referral service provider which violates O.C.G.A. § 40-1-198 or the requirements of this Rule shall be required to pay a civil penalty as provided for by O.C.G.A. § 40-1-198(b) after notice and an opportunity for a hearing unless the violator consents in writing to such penalties.

(8) Notice under this rule shall be made by certified mail to the most recent address provided by the license holder pursuant to paragraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-66-.06. If the person or entity is not a license holder, notice shall be made by certified mail to the person or entity's last known address based upon reasonable efforts by the Department to ascertain the person or entity's most current address.

(9) A person or entity shall be notified of the Department's decision to assess a civil penalty against that person or entity. Notice shall be made by the method described in paragraph (7) of this Rule.

(10)

Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice to the license holder, person, or entity; or

(b) three days after notice is sent by certified mail to the license holder, person, or entity.

(11) A person or entity shall be entitled to a hearing to contest the assessment of civil penalties under this Subchapter upon written request made within 30 days of the date of notice of assessment of civil penalty.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-192; 40-1-193; 40-1-193.1; 40-1-197; 40-1-198
History. Original Rule entitled "Required Records" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.11 Ride Share Drivers; Required Digital Identification

Each ride share driver utilized by a ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification containing, in addition to that information listed by O.C.G.A. § 40-1-193(d), the following information while active on the ride share network service's digital network:

(1) the ride share network service's license number issued by the Department;

(2) the expiration date of the ride share network service's license issued by the Department; and

(3) a clearly visible and easily distinguishable indication of the current status of the ride share network service's license status, whether current, expired, suspended, revoked, or other.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-193; 40-1-198
History. Original Rule entitled "Ride Share Drivers; Required Digital Identification" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.12 Display of Emblems by Ride Share Drivers

A ride share network service may submit to the Department for approval distinctive signage or an emblem to be used by all ride share drivers utilized by that ride share network service, whether such drivers are employed directly by the ride share network service or operate as an independent contractor, and the Department may approve the use of such signage of emblem by all such drivers. Ride share drivers properly displaying such approved emblems shall be deemed to be in compliance with O.C.G.A. § 40-1-195(b).

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-195; 40-1-198
History. Original Rule entitled "Display of Emblems by Ride Share Drivers" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-6-.13 Display of License Number in Advertisements

(1) A ride share network service, taxi service, transportation referral service, or transportation referral service provider which violates O.C.G.A. § 40-1-195(a) shall be required to pay a civil penalty as provided for in that code section after notice and an opportunity for a hearing unless the violator consents in writing to such penalties.

(2) Notice under this rule shall be made by certified mail to the most recent address provided by the license holder pursuant to paragraph (4)(b) of Rule 570-38-6-.03 and as updated by Rules 570-38-6-.05 and 570-38-6-.06 . If the person or entity is not a license holder, notice shall be made by certified mail to the person or entity's last known address based upon reasonable efforts by the Department to ascertain the person or entity's most current address.

(3) A person or entity shall be notified of the Department's decision to assess a civil penalty against that person, or entity. Notice shall be made by the method described in paragraph (2) of this Rule.

(4)

Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice to the license holder, person, or entity; or

(b) three days after notice is sent by certified mail to the license holder, person, or entity.

(5) A person or entity shall be entitled to a hearing to contest the assessment of civil penalties under this Subchapter upon written request made within 30 days of the date of notice of assessment of civil penalty.

History

Authority: O.C.G.A. §§ 40-1-54; 40-1-195; 40-1-198
History. Original Rule entitled "Display of License Number in Advertisements" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Subject 570-38-7 Nonconsensual Towing

Ga. Comp. R. & Regs. r. 570-38-7-.01 Scope

This Subchapter shall apply to all towing and storage firms that engage or intend to engage in the practice of nonconsensual towing.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Scope" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.02 Definitions

For the purposes of this Subchapter, the term:

(1) "Attendant" means any person who is authorized by the impoundment facility to release a vehicle from the facility when presented with proper documentation of ownership and payment of appropriate fees.

(2) "Corporate entity" means any corporation, limited liability company, limited partnership, small business corporation or any other entity or organization registered with the Georgia Secretary of State's Corporations Division.

(3) "Maximum Rate Tariff" means the publication containing the maximum rates as prescribed by the Department that a wrecker company can assess for the towing and storage of vehicles removed pursuant to the authority granted in the Nonconsensual Towing Permit.

(4) "Nonconsensual Towing" shall mean the towing of trespassing vehicles on private property without the prior consent or authorization of the owner or operator of the vehicle being towed.

(5) "Nonconsensual Towing Carrier" or "NCT Carrier" means a towing and storage firm operator who or which engages in the towing or other removal of improperly parked vehicles and trespassing personal property (including, but not limited to, trespassing vehicles) from private property.

(6) "Nonconsensual Towing Permit" or "NCT Permit" means a permit issued by the Department to a wrecker or towing service operator, authorizing removal of improperly parked vehicles and trespassing personal property from private property.

(7) "Normal Business Hours" means operating hours of a nonconsensual towing carrier consisting of a minimum of 8 hours per day on all weekdays and non-holidays beginning no later than 9:00 A.M. on any given day and ending no sooner than 4:00 P.M. on a given day as approved by the Department.

(8) "Receipt" means a document issued by the attendant to the owner of the vehicle stating all charges have been paid for the towing and storage of vehicle.

(9) "Secure Impoundment Facility" means a facility owned or leased by a towing company for the purposes of providing secure storage of towed vehicles.

(10) "Tow" or "towing" means to utilize any automotive vehicle to pull, to load and carry or otherwise to transport another automotive vehicle or automotive vehicle trailer over a public highway or road, except that transportation by an automobile transport vehicle with a capacity of three (3) or more vehicles shall not be included in the definition of tow or towing, no matter how many vehicles such automobile transport vehicle is transporting at any given time.

(11) "Towing and storage firm" shall mean an entity engaged in the practice of nonconsensual towing.

(12) "Wrecker" means an automotive vehicle with hoisting apparatus and equipment for towing vehicles. The term "wrecker" also includes any vehicle otherwise equipped and used for the purposes of towing vehicles.

(13) "Wrecker operator" or "towing service operator" means the person or entity operating or in control of the provision of wrecker or towing services to the public or to property owners and shall include all officers or managers of any such services.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.03 Permit Required to Perform Nonconsensual Towing

(1) No towing and storage firm shall engage in the practice of nonconsensual towing or hold itself out as being authorized to engage in the practice of nonconsensual towing on or over any public highway of the State of Georgia unless such firm first secures a nonconsensual towing permit from the Department.

(2) The Department may assess any penalty authorized by law upon finding that any person or entity is performing or holding itself out as authorized to perform nonconsensual towing on or over any public highway of the State of Georgia in violation of this Subchapter of O.C.G.A. § 44-1-13 .

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Permit Required to Perform Nonconsensual Towing" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.04 Application for NCT Permit

(1) A towing or storage firm may apply for a nonconsensual towing permit from the Department by submitting a written application in the form prescribed by the Department. The applicant shall include upon the application all information deemed necessary by the Department and authorized by law for the Department to require as part of the application process.

(2) The business name provided by the applicant in its application must match the business name listed on all additional documentation the applicant is required or requested to submit to the Department in accordance with law or these Rules during the application process or while operating as a towing and storage firm.

(3) Applicants shall be required to pay an annual filing fee of $300.00. Such filing fee shall accompany the application, which shall not be complete and ready for favorable Department action until such fee is paid. Such fee is nonrefundable upon Department denial of the application, applicant's withdrawal of the application, or for any other reason. The permit shall be issued on an annual basis.

(4)

The Department shall issue a nonconsensual towing permit if:

(a) The applicant's application is complete;

(b) The applicant has paid the required annual filing fee;

(c) The applicant has complied with all other requirements of state law and these Rules relevant to the receipt of a permit to perform nonconsensual towing; and

(d) The applicant demonstrates the willingness and ability to comply with (1) the laws of Georgia, (2) the rules and regulations of the Department related to NCT Carriers, (3) the Maximum Rate Tariff, and (4) the orders of the Department pertaining to NCT Carriers.

(5) The Department may refuse to issue a permit where the applicant has failed to meet the requirements set forth in paragraph (3) of this Rule. If the Department denies an applicant a permit under this rule, the applicant shall be entitled to a hearing to contest the denial only upon written request made within 30 days of notice of denial as defined in paragraph (5) of this Rule.

(6)

The Department shall notify applicants for a permit under this Rule of any permit denial by certified mail to the address provided by the applicant in their application. Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice to the applicant; or

(b) three days after notice is sent by certified mail to the applicant.

(7) The Department may notify an applicant for a permit under this Rule that a submitted application is not complete or otherwise cannot be considered and afford the applicant an opportunity to complete or rectify the application. In such circumstances, the applicant shall be afforded no longer than 30 days to complete or rectify the application. If the applicant does not complete or rectify its application within the required time period, the Department shall deem the application abandoned and the applicant shall be required to complete a new application if such applicant later seeks a non-consensual towing permit.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Application for NCT Permit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.05 NCT Permit Period and Expiration

(1) Permits issued pursuant to Rule 570-38-7-.03 shall be valid except as otherwise provided in this Subchapter, from the date of issuance through a period of one year expiring on midnight of the expiration date shown on the permit, unless revoked, suspended or amended. There is no grace period except as provided in paragraph (3) of this Rule.

(2) Permits renewed pursuant to Rule 570-38-7-.05 shall be valid except as otherwise provided in this Subchapter from the date of renewal for a period of one year expiring on midnight of the expiration date shown on the permit, unless revoked, suspended, or amended. There is no grace period except as provided for in paragraph (3) of this Rule.

(3) Failure to renew a NCT permit prior to the permit's expiration shall result in expiration of the permit, except that a permit holder who has submitted a complete permit renewal application prior to the expiration of a permit and whose permit expiration date occurs while such application is pending shall be deemed to have a current and unexpired permit until the Department takes action with respect to the renewal application.

(4) Except as provided for by law, any towing and storage firm whose permit has expired shall be required to obtain a new permit as provided for in this Subchapter before any such towing and storage firm engages in the practice of nonconsensual towing or holds itself out as being authorized to engage in the practice of nonconsensual towing on or over any public highway of the State of Georgia.

(5) Except as otherwise authorized by the Department, towing and storage firms cannot renew an expired permit, but shall be required to complete another application under Rule 570-38-7-.03 , except that a permit holder who has submitted a renewal application prior to the expiration of their permit shall be entitled to renewal of their permit by the Department even following the expiration of their permit so long as they are otherwise entitled to renewal under these Rules.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "NCT Permit Period and Expiration" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.06 NCT Permit Renewal

(1) Applications to renew a permit issued pursuant to this Rule must be submitted on a form designated by the Department no sooner than 60 days prior to the expiration of the permit.

(2) Unless otherwise provided by these Rules or by the form designated by the Department for the purpose of renewing a permit issued under this Subchapter, an applicant for a renewed permit must comply with all of the requirements to which that applicant would be subject under Rule 570-38-7-.03 as a new applicant in order for the renewal application to be considered complete.

(3) Applications for renewal shall be accompanied by an annual renewal fee of no more than $300.00 as set forth on the application. A renewal application shall not be complete and ready for favorable Department action until such fee is paid. Such fees are nonrefundable.

(4)

The Department shall renew a permit if:

(a) The applicant's application is complete;

(b) The applicant has paid the required annual filing fee;

(c) The applicant has complied with all other requirements of state law and these Rules relevant to the receipt of a permit to perform nonconsensual towing; and

(5) The Department may refuse to renew a permit if the applicant has failed to meet the requirements set forth in paragraph (4) of this Rule. If the Department denies an applicant renewal of a permit under this Rule, the applicant shall be entitled to a hearing to contest the denial only upon written request made within 30 days of notice of denial as defined in paragraph (6) of this Rule.

(6)

The Department shall notify applicants for renewal of a permit under this Rule of any renewal application denial by certified mail to the address provided by the applicant in their application for renewal (or an updated address provided by the applicant). Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice; or

(b) three days after notice is sent by certified mail to the license holder, person, or entity.

(7) Renewed licenses shall expire in accordance with Rule 570-38-7-.04 .

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "NCT Permit Renewal" adopted. F. Apr. 21, 2020; eff. May 11, 2020

Ga. Comp. R. & Regs. r. 570-38-7-.07 Changes to NCT Permit Holder's Information

(1) In the event of a change of a name or ownership by the holder of an NCT permit (including acquisition of controlling interest in a corporate entity), or the change of any information provided by the holder of or applicant for a permit in their most recent application for an NCT permit or renewal, application for a replacement permit shall be made to the Department and the old permit surrendered to the Department before another permit can be issued. The requirement for surrender of a applicant's old permit may be waived at the Department's discretion, but such permit will regardless become void and invalid upon the issuance of any subsequent permit under this Rule.

(2) No fee shall be required from a permit holder who applies for a replacement permit pursuant to paragraph (1) of this Rule so long as that permit holder's permit is unexpired and otherwise valid under these Rules.

(3) An application for a replacement permit shall be made in the same manner as for an original permit, except that the permit holder seeking a replacement permit shall indicate on the application that they are seeking a replacement for an existing permit.

(4)

A replacement permit shall be requested no later than

(a) 30 days following the event or change requiring the replacement permit; or

(b) The last day for renewal of the existing permit pursuant to Rule 570-38-7-.04 , whichever is sooner.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Changes to NCT Permit Holder's Information" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.08 Transferability of NCT Permit

Any NCT permit issued by the Department pursuant to this Subchapter shall not be assignable or transferable to any other person, firm, corporation, or other entity, except as provided for in this Subchapter or as otherwise authorized by the Department. In accordance with Rule 570-38-7-.07, a NCT permit holder or applicant may apply for a replacement permit due to a change in name or ownership without violating this Rule.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Transferability of NCT Permit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.09 Copies of NCT Permit to be Maintained by Permit Holder

NCT permit holders shall post and keep in a conspicuous place at their main office their most recent NCT permit. NCT permit holders shall carry a copy of such permit in the cab of any wrecker or tow truck operated under the authority of such permit.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Copies of NCT Permit to be Maintained by Permit Holder" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.10 Suspension or Revocation of NCT Permit

(1) A NCT permit issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.

(2) Except where otherwise provided for by law, prior to suspension or revocation of a permit pursuant to paragraph (1) of this Rule, the permit holder shall be provided notice and an opportunity for a hearing. Notice shall be made by certified mail to the most recent address provided by the permit holder in their application for a permit, renewal of a permit, or a replacement permit.

(3) A permit holder shall be notified of the Department's decision to suspend or revoke a permit by certified mail to the most recent address provided by the permit holder in their application for a permit, renewal of a permit, or a replacement permit.

(4)

Notice under this rule shall be deemed effective by the earlier of

(a) the date upon which delivery by certified mail is made of the notice; or

(b) three days after notice is sent by certified mail to the license holder.

(5) A permit holder shall be entitled to a hearing to contest the suspension or revocation of their permit under this Subchapter upon written request made within 30 days of the date of notice of suspension or revocation.

(6) Suspensions and revocations of permits pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the permit holder and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the permit, except as otherwise required by law and as otherwise ordered by the Department.

(7) Except as otherwise provided in this Subchapter, the permit of a permit holder which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the permit holder upon the date or following the term specified by the Department in the order suspending the permit.

(8)

Paragraph (7) of this Rule notwithstanding,

(a) if a permit becomes expired during a term of suspension, it shall remain expired until the permit holder complies with the renewal requirements of Rule 570-38-7-.05 ; and

(b) if a subsequent order is issued by the Department which pertains to the permit or suspension of a permit in question, that order shall control.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Suspension or Revocation of NCT Permit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.11 Public Liability and Property Damage Insurance

(1)

A towing and storage firm issued a permit to conduct nonconsensual towing must maintain a commercial insurance policy with the minimum liability insurance coverage prescribed by the Department on all vehicles used in its business in intrastate commerce (origin and destination wholly within the state) as follows:

(a) $100,000 limit for bodily injury to or death of one person

(b) $300,000 limit for bodily injuries to or death of total persons in one accident

(2) Garage Keeper's Legal Liability: Liability insurance, which covers stored vehicles and contents, must be maintained on the impound or storage lot(s) sufficient to cover the actual value of all stored vehicles towed or removed to such lot or storage facility pursuant to O.C.G.A. § 44-1-13 . The minimum amount of garage keeper's or storage liability insurance for coverage of the stored vehicles and contents must be $50,000.00.

(3) A copy of the Certificates of Insurance must be furnished to the Department on an annual basis. A 30-day advance cancellation notice must be provided to the Department prior to any such insurance cancellation becoming effective. Insurance filings with the Department must be on current forms prescribed by the Department. No lapse in insurance coverage will be allowed.

(4) A permit issued by the Department is in effect only while the towing and storage firm is in compliance with all requirements for filing proof of insurance.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Public Liability and Property Damage Insurance" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.12 Equipment

(1) Wrecker services engaged in transporting vehicles in nonconsensual towing must apply for and maintain a Georgia Intrastate Motor Carrier Registration (GIMC) or the Unified Carrier Registration (UCR), as applicable, in accordance with O.C.G.A. § 40-2-140 .

(2) Each vehicle operating under authority of a nonconsensual towing permit must carry a copy of the permit in the cab of the vehicle. The copy shall be presented to any investigator or enforcement officer of the Department upon request.

(3) Vehicles utilized in nonconsensual towing shall be distinctly marked and identified with the name of the motor carrier and motor carrier identification number (GA DOT or USDOT number). The size, shape and color of such marking shall be in compliance with Title 49, CFR, Part 390.21.

(4)

All vehicles utilized by the wrecker companies for nonconsensual towing must be equipped with the following:

(a) Valid license plate,

(b) Fire extinguisher,

(d) Tow away lamps (tail, stop and turn signal lights for vehicles being towed).

(5) Augmentation of equipment by an NCT Carrier must comply with the rules of the Department.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Equipment" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.13 Maximum Rates Established by the Department

(1) The Department shall establish a maximum rate tariff applicable to towing and storage firms performing nonconsensual towing in this State.

(2) The maximum rate tariff established by the Department shall be available to towing and storage firms and the public at the Department's website, and the Section shall make available to towing and storage firms a copy of the maximum rate tariff upon reasonable request.

(3) In accordance with the Department's authority under O.C.G.A. § 40-1-8(c)(1) , the maximum rate tariff established by the Department pursuant to this Rule may include and impose upon towing and storage firms additional rules, regulations, restrictions, duties, and other provisions relevant to nonconsensual towing. To the extent that a maximum rate tariff includes any such rules, regulations, restrictions, duties, and/or other provisions, it shall be adopted by administrative order in accordance with the requirements of O.C.G.A. § 40-1-8(c)(1) .

(4) At least 30 days prior to any change in the maximum rate tariff established by this Rule, the Department shall make available a copy of the proposed revised tariff to NCT permit holders and the public and shall conspicuously note thereupon the expected effective date of the revised tariff. The Department shall provide for a method by which NCT permit holders and members of the public may comment upon the revised proposed tariff and may, but shall not be required to, make modifications to the proposed revised tariff in response to such comments. The Department may, but shall not be required to, modify the effective date of the proposed revised tariff in response to comments received and modifications made to the proposed revised tariff.

(5) No towing and storage firm performing nonconsensual towing services shall charge a rate higher than the rates prescribed by the Department's maximum rate tariff for any such services. A towing and storage firm that violates this rule is subject to adverse action pursuant to Rule 570-38-1-.09 .

(6)

No towing and storage firm shall charge or collect a storage fee or a fee that is effectively a storage fee:

(a) for the first 24-hour period from the time a motor vehicle is removed from private property;

(b) for any day on which the impound lot where a vehicle is stored is closed or the vehicle is otherwise unavailable to the vehicle owner for redemption; or

(c) once the vehicle has been claimed and payment is tendered to the towing and storage firm in the amount specified on the receipt and the vehicle has been removed from the impound facility.

(7) The fees stated in the maximum rate tariff shall be all inclusive. No additional fees may be charged for the use of dollies, trailers, lifts, slim jims or any other equipment or service. Only charges or rates for storage and removal that are approved by the Department and contained in the Department's Maximum Rate Tariff for Nonconsensual Towing shall be billed or collected by the towing and storage firm for towing or storage service. It is a violation of this Rule for any towing and storage firm to bill or collect fees or charges which are not expressly permitted by such Maximum Rate Tariff.

(8) No additional charges shall be assessed for storage of the vehicle once the vehicle has been claimed and payment is tendered to the towing company in the amount specified on the receipt and the vehicle has been removed from the impoundment facility. The receipt issued by the wrecker or towing service to the customer, and such service's office copy of such receipt, must reflect all fees collected for the redemption of the vehicle.

(9) Upon determining that a towing and storage firms is in violation of this Subchapter, O.C.G.A. § 44-1-13 , or Chapter 1 of Title 40 of the Official Code of Georgia, the Department may prohibit such firm from charging or collect fees which pertain to any nonconsensual towing activities which occurred or later occur during the course of such violation(s).

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Maximum Rates Established by the Department" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.14 Signs Specifications

(1) Owners of private property shall place signs that conform to the requirements of this Rule within 50 feet of each designated entrance to a parking lot or parking area where parking prohibitions apply and where they have authorized non-consensual towing, except that if it is not feasible to place such signs within 50 feet of such entrances due to terrain, landscaping, or other factors, such signs shall be placed as close as feasible to such entrances and shall otherwise comply with the requirements of this Rule. Where there is no designated entrance, such signs shall be posted so as to be clearly visible from each and every parking space. Such signs shall be a minimum of 12 inches by 18 inches with a minimum of 3/4 inch lettering. The words "Private Parking" shall be printed in Bold with a minimum of 11/2 inch lettering. Signs need not be visible from areas of private property that are not designed for parking of vehicles so long as the owner of such property has posted signs that are otherwise in compliance with this rule.

(2) Such signs located at a designated entrance to a parking lot shall be at least four feet above the site grade. Where there is no designated entrance, such signs shall be six feet above the site grade. Posted signs must be free of any natural or man-made interference and be clearly visible.

(3)

Such signs shall also include the following:

(a) A warning that unauthorized vehicles will be towed;

(b) Towing and storage company name, address, and telephone number and impound lot location where towed vehicles may be retrieved;

(d) Hours of Operation; and

(e) Method of payment shall be as specified in Rule 570-38-7-.03(2) .

(4) Except to the extent otherwise authorized by law or the Department, signs required this Rule shall be separate and distinct from all other posted signage and shall not contain content unrelated to non-consensual towing.

(5) The Department shall interpret any sign listing "minimum" fees or charges to describe the actual rate applicable to the smallest class of vehicle towed or stored. As such, a towing and storage firm shall not be entitled to charge in excess of its "minimum" fees as listed on a sign required by this Rule by virtue of the fact that rates applicable to towing and storage have increased from the rate listed upon such sign(s). Only the applicability of a higher rate due to the nature of the vehicle being towed or the service performed shall justify charges in excess of the listed "minimum."

(6) No vehicle shall be relocated from private property which does not, at the time of the tow and for at least 24 hours prior thereto, have signs posted which are in substantial compliance with the provisions of paragraphs (1) through (5) above. The provisions of this paragraph shall not apply to owner(s) of private residential property containing four or less residential units.

(7)

All signs posted in accordance with this Rule must be removed from private property within 15 days after:

(a) The termination of a contract for non-consensual towing on the property in question;

(b) Withdrawal of authorization from the property owner or agent to perform non-consensual towing; or

(8) A property owner or agent that utilizes multiple towing and storage firms to perform non-consensual towing shall place signs conforming with this Rule that provide the information required by paragraph (3) of this Rule pertaining to all towing and storage firms utilized by the owner or agent. Such signs should be placed or arranged in a manner that provides clear notice to vehicle owners and operators that multiple towing and storage firms are authorized to perform non-consensual towing on the property and may be in possession of towed vehicles.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Signs Specifications" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.15 Requests for Nonconsensual Towing

(1) It shall be unlawful and a violation of these Rules for a towing and storage firm to engage in nonconsensual towing without an authorized contract signed by the property owner or other authorized agent for the property owner of the subject property and the towing company in the form prescribed by the Department. A copy of the contract shall be made available to the Department representatives, upon request. The contract must contain the name, address and phone number of the respective towing company, the location of the impoundment facility, and hours of operation. The contract may contain costs for removal of the vehicle and the charges for storage of towed vehicles, in which case such costs and charges shall not exceed those authorized by this Subchapter. The contract must also contain the names and contact number(s) of the person(s) authorized to request the removal of a vehicle from said property.

(2)

A towing and storage firm shall not perform nonconsensual towing unless the requested nonconsensual towing movement is specifically and individually requested on the day the removal takes place from the real property owner or his contractually-designated agent. The request may be made by telephone call or in writing in either printed or electronic form. The request must specifically identify and request removal of the vehicle or vehicles to be towed or removed. The real property owner or his contractually-designated agent must receive an original written tow authorization or tow bill dated and signed on the date of the tow by the real property owner or such property owner's designated agent. The tow authorization or tow bill may be transmitted and returned in person at the scene of the tow, by facsimile or by email, on the date of the tow, on forms prescribed by the Department. The tow authorization or bill must be signed by the real property owner or contractually-designated agent and shall include:

(a) The name of the business or property;

(b) The name and title of the real property owner or contractually designated agent;

(d) The specific location of the requested removal;

(e) Vehicle identifying information: make, model, color, license plate state and number; and

(f) For authorizations transmitted by email, a statement that the transmittal serves as authorization from the business owner to proceed with removal.

(8) The towing and storage firm shall maintain for three years copies of telephone records, faxes and e-mail messages requesting removal as proof of the time and date such removal was requested, as well as the signed authorization for removal from the property owner or such owner's agent.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Requests for Nonconsensual Towing" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.16 Vehicle Not Towed Upon Operator Returning

(1)

The operator or driver employed by a towing and storage firm summoned to tow away any vehicle from private property shall not tow the vehicle away and shall not charge any fee if:

a. The vehicle has not yet been hooked by a hoisting apparatus, including wheel dollies, or loaded by the towing and storage firm onto or behind its wrecker; and

b. The operator or owner of the vehicle returns, produces the ignition key to the vehicle and immediately removes the vehicle from the private property.

(2)

The operator or driver employed by a towing and storage firm summoned to tow away any vehicle from private property shall not tow the vehicle away but shall be permitted to charge an operator's fee (but no storage or other fees) as prescribed in the Maximum Rate Tariff prior to releasing such vehicle if:

a. The vehicle has not yet left the private property to which the operator or driver employed by the towing and storage firm was summoned;

b. The vehicle has been hooked with hoisting apparatus, including wheel dollies, or loaded by the towing and storage firm onto or behind its wrecker; and

c. The operator or owner of the vehicle returns, produces the ignition key to the vehicle, and agrees to immediately remove the vehicle from the private property upon payment of the operator's fee authorized by this paragraph and release of the vehicle.

(3) A towing and recovery firm may assess charges accordance with the Maximum Rate Tariff once its operator or driver has left the private property to which it was summoned, provided however that the operator's fee described in paragraph (2) of this Rule shall not apply at or following this point.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Vehicle Not Towed Upon Operator Returning" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.17 Requirement for Attendant to Release Towed Vehicles

(1) Towing and storage firms providing nonconsensual towing services shall have an attendant on site or otherwise available at the location of towed vehicles during normal business hours five days of every week and for at least four hours one additional day of every week. Such attendant shall, during such times, be able to provide reasonable access to and release any vehicle towed in accordance with this Subchapter upon the owner meeting the requirements for release described in these Rules.

(2) Towing and storage firms providing nonconsensual towing services shall have an attendant available by phone 24 hours per day, seven days per week. The attendant shall have the authority and ability to report to the location of towed vehicles in a timely manner and release any vehicle towed in accordance with this Subchapter upon the owner meeting the requirements for release described in these Rules.

(3) A receipt listing the specific charges for towing and storage of the vehicle shall be issued to the owner or agent claiming the vehicle and the attendant shall retain a copy of the receipt. The receipt must be signed by the owner or agent claiming the vehicle and by the attendant. Such receipt shall identify the vehicle and shall become part of the towing and storage firm's record.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Requirement for Attendant to Release Towed Vehicles" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.18 Release of Towed Vehicle; Payment

(1)

Any person seeking the release of a vehicle towed or stored by a towing and storage firm performing nonconsensual towing services shall:

(a) Produce a valid driver's license;

(b) Produce an ignition key which operates the towed vehicle or otherwise demonstrate the ability to properly start and operate the vehicle;

(c) Produce evidence of such person's ownership or right of possession of the towed or stored vehicle, such as a certificate of title, a valid and current registration card, bill of sale, or a lease or rental contract; and

(d) Pay all towing charges and storage fees that are in accordance with these Rules and have accrued with respect to the vehicle.

(2) Towing and storage firms shall accept payment of fees associated with non-consensual towing services in the form of cash, commonly-recognized travelers checks, money orders, certified checks or cashier's checks, at the choice of the vehicle owner or payee. Towing and storage firms may also accept debit cards or credit cards as a form of payment but shall not charge an additional fee for use of such cards.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Release of Towed Vehicle; Payment" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.19 Receipt Requirement

(1) A towing and recovery service accepting payment for non-consensual towing services shall issue a receipt to the person making payment that reflects all fees paid in connection with the non-consensual towing services relevant to the vehicle for which payment is being made and for redemption of the vehicle. The towing and recovery services shall obtain the signature of the person making payment on said receipt.

(2) Receipts issued in accordance with this Rule shall contain the date and time of the release of the vehicle, total amount charged and a description of the specific charges for towing and storage of the vehicle, the location of the private property from which the vehicle was towed, and the name, address, and telephone number of the towing and storage firm issuing the receipt.

(3) The towing and recovery service shall keep an office copy of the receipt described by this Rule, which shall become a part of the towing and storage firm's record.

History

Authority: O.C.G.A. §§ 40-1-54, 44-1-13
History. Original Rule entitled "Receipt Requirement" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.20 Records and Reports

(1)

Upon towing and/or storage of any vehicle in accordance with this Subchapter, the towing and storage firm shall maintain records, which shall include the following information:

(a) Date and time of initial towing;

(b) Place of initial towing;

(d) Date and time of release to the owner;

(e) Name of the towing and storage firm driver and any other personnel assisting;

(f) Cost for towing of the vehicle;

(g) Cost of storage of the vehicle; and

(h) Any other authorized applicable charges with reference to Department's Nonconsensual Towing Maximum Rate Tariff provisions authorizing such fees or charges.

(2) Towing and storage firms shall also maintain those records required by Rule 570-38-7-.15 pertaining to requests for nonconsensual towing.

(3) The records shall be maintained at a location where any Department representative may review such records in person during normal business hours. All wrecker companies shall provide to the Department a current telephone number of the person responsible for releasing vehicles in accordance with this Subchapter.

(4) All records required by these rules shall be preserved for a period of three years, unless otherwise specified by the Department.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Records and Reports" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.21 Secure Impoundment Facility

(1) A towing and storage firm authorized to conduct nonconsensual towing by the Department must maintain a secure storage area for towed vehicles in the county where the tow operator's office (as listed with the Department) is located, unless otherwise authorized by the Department.

(2) The towing and storage firm must provide for effective and efficient security for the lot at all times. The storage lot must be fenced with a minimum of six feet of fencing, lighted, and equipped with a lock or enclosed building.

(3) Vehicles towed and stored in accordance with this Subchapter shall be delivered to the towing and storage firm's secure impoundment facility in a timely manner. No towing and storage firm shall utilize "drop zones" or leave impounded vehicles at any impound lot or other location that has not been approved by the Department for use by the towing and storage firm making such tow or removal.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Secure Impoundment Facility" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.22 Additional Requirements for NCT Permit Holders

(1) A towing and storage firm must maintain normal business hours and a listed public business telephone number. A towing and storage firm may maintain a maximum of two telephone numbers to be called for dispatching calls.

(2) All towing and storage firms will provide reasonable access to any towed vehicle as described in these Rules.

(3) A towing and storage firm must maintain proof of registration for each vehicle with the Department and comply with the Department's safety rules and regulations as provided in these Rules and Chapter 1 of title 40 of the Official Code of Georgia.

(4) A towing and storage firm must maintain and provide to the Department upon request a list of all personnel operating wrecker equipment, as well as a current Motor Vehicle Report on each driver.

(5) Drivers must maintain a valid driver's license of the appropriate class and with the appropriate endorsements required to operate the towing and storage firm's vehicles under Georgia law.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "Additional Requirements for NCT Permit Holders" adopted. F. Apr. 21, 2020; eff. May 11, 2020.

Ga. Comp. R. & Regs. r. 570-38-7-.23 NCT Permit Holders to Utilize only Authorized Vehicles in Performance of Nonconsensual Towing

(1) For the purposes of this Rule, the term "leased" shall mean conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of at least two years.

(2) Except to the extent otherwise authorized by law or this Chapter, a towing and storage firm performing any nonconsensual towing activities shall only be authorized to utilize vehicles that are owned or leased by the firm itself or a person or entity with ownership interest in the firm. Such vehicles shall not be operated by any person other than an owner or employee of the firm.

(3) A towing and storage firm shall not be entitled to utilize any vehicle in the performance of nonconsensual towing activities unless the carrier has fulfilled all other requirements and conformed to all other limitations contained within this Subchapter relating to such vehicle.

History

Authority: O.C.G.A. §§ 40-1-54; 44-1-13
History. Original Rule entitled "NCT Permit Holders to Utilize only Authorized Vehicles in Performance of Nonconsensual Towing" adopted. F. Apr. 21, 2020; eff. May 11, 2020.