- § 40-1-100 - Definitions
As used in this part, the term: (1) "Carrier" means a person who undertakes the transporting of goods or passengers for compensation. (2) "Certificate"...
- § 40-1-101 - Regulatory Compliance Inspections; Regulation of Business; Requirements of Motor Carriers
(a) Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject...
- § 40-1-102 - Certificate or Permit Prerequisite to Operation; Minimum Insurance Requirement
(a) No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without first obtaining from the commissioner...
- § 40-1-103 - Application Form for Certificate; Issuance to Qualified Applicant
(a) The department shall prescribe the form of the application for a motor carrier certificate and shall prescribe such reasonable requirements as to notice,...
- § 40-1-104 - Revocation, Alteration, or Amendment of Certificate or Permit; Suspension; Out-Of-service Orders
(a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor...
- § 40-1-105 - Transfer of Certificate
Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.
- § 40-1-106 - Fitness of Applicant; Protesting Certificate
(a) The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject...
- § 40-1-107 - Information in Application
The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods or property shall apply for...
- § 40-1-108 - Transportation of Persons Under Age 21 Drinking Alcohol
Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption...
- § 40-1-109 - Fees Upon Initial Application
The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part: (1) A fee of $75.00...
- § 40-1-110 - Hearing and Notice of Pending Application
The commissioner, upon the filing of an application for a motor carrier certificate, shall give notice of the pending application by posting the same...
- § 40-1-111 - Limitation Upon Reapplication for Denied Applicants
When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has...
- § 40-1-112 - Insurance of Motor Carriers
(a) No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the...
- § 40-1-113 - Transportation Contracts Limiting Liability
(a) As used in this Code section, the term: (1) "Motor carrier transportation contract" means a contract, agreement, or understanding covering: (A) The transportation...
- § 40-1-114 - Temporary Emergency Authority Issued to Carriers
Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there...
- § 40-1-115 - Notice of Discontinuance of Route
A motor carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the department,...
- § 40-1-116 - Additional Taxation Prohibited by Localities
No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right...
- § 40-1-117 - Registered Agents; Service; Vehicles Excluded From Motor Common or Contract Carrier
(a) Each nonresident motor carrier shall, before any certificate or permit is issued to it under this part or at the time of registering...
- § 40-1-118 - Establishment of Just and Reasonable Rates, Fares, and Charges for Transportation
The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered...
- § 40-1-119 - Charges by Motor Carriers; Unjust Discrimination by Carriers Prohibited
No motor carrier of household goods or passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation...
- § 40-1-120 - Limiting Baggage Size for Motor Carrier's Passengers
Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the...
- § 40-1-121 - Inspection of Books and Records
The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books...
- § 40-1-122 - Observing Laws; Schedule of Operation
Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers...
- § 40-1-123 - Enjoining Operation of Motor Carriers
Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit...
- § 40-1-124 - Perpetual Franchise Over Public Highways Prohibited
Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit...
- § 40-1-125 - Hearing Upon Suspension or Revocation of Motor Carrier Certificate; Judicial Review
(a) Upon issuance by the commissioner of an order suspending or revoking a motor carrier certificate, such motor carrier shall be afforded a hearing...
- § 40-1-126 - Carriers Engaged in Interstate and Intrastate Commerce
In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of...
- § 40-1-127 - Actions for Recovery of Overcharges; Rates, Charges, and Claims for Loss or Damage
(a) All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be...
- § 40-1-128 - Accepting or Receiving Rebates or Drawbacks; Prima-Facie Evidence of Intentional Violation; Burden of Claiming Exception
(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the...
- § 40-1-129 - Fines for Violating Certificate Requirement; Advertising Services Without Certificate
(a) Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person, firm, or corporation...
- § 40-1-130 - Inclusion of Motor Carrier Authorization Number in Advertising
In any advertisement for a motor carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising...
Last modified: October 14, 2016