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Rules and Regulations of the State of Georgia
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Subject 515-16-4 MOTOR CARRIER SAFETY RULES

Rule 515-16-4-.01 Motor Carrier Safety (Adoption of Federal Motor Carrier Safety Rules)

The Motor Carrier Safety Regulations issued by the United States Department of Transportation, Federal Motor Carrier Safety Administration (hereinafter "FMCSA"), contained in Title 49 of the Code of Federal Regulations, Parts 350, 382, 383, and 390 through 397, as now in force and as hereafter amended (hereinafter referee to as "the Federal Safety Rules"), are by this Rule made Transportation Rules of this Commission for all carriers regulated by this Commission; and the Commission Staff shall enforce such Federal Motor Carrier 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 Commission. 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. 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 Commission 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 on the Internet. If and when this Commission undertakes to adopt motor carrier safety rules more stringent than such Federal Motor Carrier Safety Rules, the Commission will adhere to the provisions of the Georgia Administrative Procedure Act with due publication, notice, and solicitation and consideration of comments from regulated carriers and the public. Moreover the Commission recognizes that the Georgia Department of Public Safety ("GDPS") has primary authority for promulgating and enforcing motor carrier safety rules under O.C.G.A. § 46-7-26; and the Commission will defer to and cooperate with the GDPS in enforcing such Rules to insure that motor carriers under the jurisdiction of this Commission abide by such State motor carrier safety regulations (including the Federal Motor Carrier Safety Regulations). In the Federal Motor Carrier Safety Regulations adopted by reference in this Rule and applicable throughout this Chapter 515-16-4, any reference to the "Operations Manager" and/or "Associate Administrator, Federal Motor Carrier Safety Administration," shall be interpreted to mean Director, Transportation Unit, Georgia Public Service Commission, 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 515-16-4 to mean "intrastate" commerce in Georgia. It is the intent of the Commission that its Transportation Rules (including its motor carrier safety rules) shall apply only to intrastate carriers and operations.

Rule 515-16-4-.02 Limousine Carrier Safety Rules

(1) To the extent applicable to vehicles classified as limousines in O.C.G.A. §§ 46-7-85.1et seq., the Federal Motor Carrier Safety Rules adopted by the Commission in Georgia Public Service Commission Transportation Rule 515-16-4-.01 for all motor carriers operating in intrastate commerce shall also apply to limousine carriers as minimum safety requirements for all vehicles operated by limousine carriers operated for hire in interstate and intrastate commerce in Georgia to the "Operations Manager" and/or "Associate Administrator, Federal Motor Carrier Safety Administration," shall be interpreted to mean Manager, Transportation Unit, Georgia Public Service Commission, except insofar as the term relates to preemption. All references to "interstate" commerce shall be interpreted to include "intrastate" commerce. It is the intent of the Commission that the regulations shall apply to intrastate carriers and operations.
(2) Where the Federal Motor Carrier Safety Regulations as adopted by the Commission refer to "carriers" or "motor carriers," the term shall be taken to mean all for hire limousine carriers subject to the Commission's jurisdiction pursuant to O.C.G.A Title 46. All reports required by the Federal Motor Carrier Safety Regulations shall be also sent with regard to intrastate traffic or transportation to the Georgia Public Service Commission, Transportation Unit, 244 Washington St., SW, Georgia 30334, in addition to any copies required to be sent to any Federal Agency. The Commission will accept forms prescribed by the United States Department of Transportation where required by the safety regulations.
(3) Identification of Vehicles Operated by Limousine Carriers:
(a) Prior to operating limousines over the highways of Georgia for which registration and licensing of such equipment has been procured, every limousine carrier holding a permit or certificate to transport passengers in shall affix to the front bumper a standard size license plate with the following information:
1. Limousine company name;
(i) City and state of principal domicile;
(ii) Company telephone number;
(iii) Vehicle classification IE-l; and
(iv) Limousines which also operate in interstate commerce must comply with the identification requirements of any federal agency with jurisdiction.
(4) Vehicle Condition and Maintenance; Commission Inspections; Driver Qualifications. The vehicles operated by limousine carriers in Georgia shall be equipped, maintained, operated and inspected in accordance with the standards prescribed in 49 CFR PARTS 393-396; and vehicle drivers shall be qualified under and shall continuously comply with 49 CFR PARTS 392 and 395.

Rule 515-16-4-.03 Safety Operations Review of Georgia Public Serice Commission - Regulated Carriers

(1) The Commission or designated staff members are authorized to conduct Safety Operations Reviews of motor carriers under its jurisdiction for the purpose of determining compliance with the laws, rules, regulations, and orders of the Commission or the Federal Motor Carrier Safety and/or Hazardous Material Regulations. Said Commission or staff members are authorized to enter upon, to inspect, and to examine any and all lands, buildings, and equipment of motor carriers and other persons subject to the jurisdiction of the Commission, and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of such carriers and other persons.
(2) Motor Carriers and other persons subject to the jurisdiction of Commission shall submit their accounts, books, records, memoranda, correspondence, and other documents for inspection and copying, and shall submit their lands, buildings, and equipment for examination and inspection. Upon request, display of a Commission issued credential identifying him/her or staff member shall be made. If a motor carrier uses photographic, microfilm, or electronic record keeping technology, it shall make such records available in accordance with Section 390.31 of the Commission's rules.
(3) The Commission and their staff members are 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 49 C.F.R. Part 388, the Commission 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.