Motor Carrier, Vehicle, And Driver Safety Chapter 1
Motor Carrier, Vehicle, and Driver SafetyChapter 1GEORGIA DEPARTMENT OF PUBLIC SAFETYTRANSPORTATION RULEBOOKCHAPTER 1 – MOTOR CARRIER SAFETY REGULATIONS1-1 Applicability.(a)The motor carrier safety rules and regulations of the Department are the minimum safetyrequirements for all motor carriers operating both for hire and in private transportation in eitherinterstate or intrastate commerce in Georgia, and to the extent that they do not conflict with Georgia law;and where applicable, are the same as the Motor Carrier Safety Regulations issued by the U.S.Department of Transportation, Federal Motor Carrier Safety Administration, contained in Title 49 of theCode of Federal Regulations, Parts 350, 365, 376, 382, 383, 385, 386, 387, and 390 through 397 (seeNote), and as amended. (See Individual Section Pages and Notes).(b) All references to the U.S. Department of Transportation except when used to designateapproval of mechanical specifications shall be interpreted to mean the Georgia Department of PublicSafety.(c) Any reference in the regulations to the “Administrator, Federal Motor Carrier SafetyAdministration” shall be interpreted to mean Commissioner, Georgia Department of Public Safety, exceptinsofar as the term relates to preemption.(d) All references to “interstate” commerce shall be interpreted to include “intrastate” commerce.Except as provided for in the Individual Section Pages and Notes for each Part, it is the intent of theDepartment that the regulations shall apply to intrastate carriers and their operations.(e) Where the Federal regulations as adopted by the Department refer to “carriers” or “motorcarriers,” the term shall mean all for hire and private motor carriers and other entities subject to theDepartment’s jurisdiction pursuant to Title 40 O.C.G.A.Note: Copies of the U.S. Department of Transportation’s Motor Carrier SafetyRegulations may be obtained from the U.S. Government Printing Office, Superintendent ofDocuments, Washington, D.C. 20402 or may be found online at http://www.fmcsa.dot.gov .1-2 Reports.(a) All reports required by the safety regulations shall be sent to the Department of Public Safety,P.O. Box 1456, Atlanta, Georgia 30371, in addition to any copies required to be sent to any FederalAgency. Reports and forms may be submitted to the department electronically as technology applicationsfor such filings become available.(b) The Department will accept forms prescribed by the U.S. Department of Transportation whererequired by the safety regulations.1-3 Penalties.(a) Criminal penalty. In addition to any other penalty imposed by law, violations of any provisionof this chapter shall constitute a misdemeanor, pursuant to O.C.G.A. §40-1-8.(b) Civil penalty. In addition to any other penalty imposed by law, violations of this chapter shallbe subject to the provisions of O.C.G.A. §§ 40-1-8, 40-1-56 and Chapter 6 of this Rulebook.1-4 Construction.(a) Unless amended herein, the rules in this chapter numbered beyond 1-300 shall generally bethe same as the rules contained in the Federal Motor Carrier Safety Regulations. Where reference ismade to a federal rule number (e.g., “390.5”) the compatible state rule shall be deemed to be “1-”preceded by DPS (which means Georgia Department of Public Safety) followed by the Federal rulenumber (e.g., “49 CFR §390.5” becomes “DPS 1-390.5”).(b) References on Department documents to a Federal rule by Federal Section number shall beconstrued as a valid cite of the Department’s rules and regulations without listing the entire Department’ssection reference (e.g., “390.15” equals “DPS 1-390.15”).Adopted November 2, 2017Page 1 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 11-5. Inspection of Vehicles and Carriers.(a) In performance of the duties specified in O.C.G.A. §§35-2-101, §40-1-8, 40-1-23 40-1-51, 401-101, and 40-1-150, certified law enforcement officers employed by the Department or designated bythe commissioner shall:(1) Be authorized to carry firearms;(2) Exercise arrest powers;(3) Have the power to stop, enter upon, and inspect all motor vehicles using the publichighways for purposes of determining whether such vehicles have complied with and arecomplying with laws, the administration or enforcement of which is the responsibility of thedepartment;(4) Have the power to examine the facilities where motor vehicles are housed ormaintained and the books and records of motor carriers for purposes of determining compliancewith laws, the administration or enforcement of which is the responsibility of the department;(5) Perform regulatory compliance inspections of vehicles, drivers, cargo, packaging,records, book, and/or supporting documents;(6) Exercise the powers generally authorized for law enforcement officers in theperformance of their duties or otherwise to the extent needed to protect any life or propertywhen the circumstances demand action.(7) Enforce criminal and traffic laws on the public roadways of this state; and(8) Perform any additional duties as defined in OCGA 35-2-33(b) Certified law enforcement officers of the Department who are designated by thecommissioner to perform Regulatory Compliance Inspections as outlined in O.C.G.A. 40-1-8, shall followand adhere to procedures as outlined in the North American Standard Vehicle Inspection Procedurespublished by the Commercial Vehicle Safety Alliance related to the level of inspection being performed.All officers, agents and employees of a motor carrier shall comply with all reasonable and lawful requestof officers in the performance of their official duties to include inspection of required registrations,inspection and examination of required records and operation of vehicle controls.1-6. Out of Service Criteria.The North American Standard Out-of-Service Criteria published (and as may be amended fromtime to time) by the Commercial Vehicle Safety Alliance shall be the uniform criteria for placing unsafevehicles, intermodal equipment, drivers, cargo and carrier operations out of service unless specificallyrequired otherwise by any applicable rule, regulation or law. The Out of Service Criteria applies to bothLightweight Commercial Motor Vehicles and Commercial Motor Vehicles as defined by OCGA §40-1-1.1-7. Safe Condition of Vehicles Required.Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; andthe lights, brakes, and equipment shall meet such safety requirements as herein promulgated.1-8. Basic Driver Requirements.Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years ofage, of temperate habits and good moral character, possess a valid driver's license, not use or possessprohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicleunder his or her charge.1-9. Accident Reports Required.Accidents arising from or in connection with the operation of motor common or contract carriersshall be reported to the commissioner of transportation in such detail and in such manner as thecommissioner of transportation may require.Adopted November 2, 2017Page 2 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 11-10. Marking of Vehicles Required.Every motor common, contract, exempt, and private carrier's vehicles to have attached to eachunit or vehicle such distinctive markings as shall be adopted by the commissioner of public safety. Suchidentification requirements shall comply with the applicable provisions of the Federal Unified CarrierRegistration Act of 2005 or any successive requirement of Federal Laws or Regulations or the laws of theState of Georgia or these RulesAdopted November 2, 2017Page 3 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 1Part 350Commercial Motor Carrier Safety Assistance Program1-350 Commercial Motor Carrier Safety Assistance Program.Except as amended by the Department herein, the balance of Rule 1-350 is contained inCommercial Motor Carrier Safety Assistance Program Regulations issued by the Federal Motor CarrierSafety Administration, U.S. Department of Transportation, Title 49 CFR Part 350, and as amended.1-350.1 Purpose.Insofar as necessary to insure consistency with federal regulations, the Department adopts thisPart in order to assist with the implementation and maintenance of an ongoing motor carrier andhazardous materials safety program.Reserved (No Department amendments)Part 365Rules Governing Applications for Operating Authority1-365 Interstate Operating Authority.Except as amended by the Department herein, the balance of Rule 1-365 is contained in RulesGoverning Application for Operating Authority Regulations issued by the Federal Motor Carrier SafetyAdministration, U.S. Department of Transportation, Title 49 CFR Part 365, and as amended.1-365.1 Purpose and Scope.Insofar as necessary to insure proper enforcement of Federal interstate operating authorityregulations within this state, the Department adopts this Part in order to maintain compliance andcompatibility with the Commercial Motor Carrier Safety Assistance Program. This Part is intended toapply only to interstate commerce except as provided for in Subpart F. Intrastate motor carriers shallcomply with any applicable Operating Authority and Registration requirements contained in Title 40O.C.G.A., including, but not limited to, §40-1-102, 40-2-140 and 44-1-13 O.C.G.A in addition to therequirements contained in 1-365.603 and 1-365.604.Subpart F – Intrastate Registration and Authority1-365.600 Scope of the rules of this partThe rules in this subpart define the procedures for motor carriers, property brokers, and freightforwarders to register with the Department to obtain authority to operate in intrastate commerce.1-365.601 DefinitionsAs used in this part, the following terms mean:Agricultural vehicle means a farm vehicle which is controlled and operated by a farmer, includingoperation by employees or family members; used to transport agricultural products, farm machinery, orfarm supplies to or from a farm; and operated in intrastate commerce; which vehicle is not used in theoperations of a for-hire motor carrier; and which is not used for the transportation of hazardous materialsother than that contained or described in 49 CFR §173.5, 49 CFR §173.6, or that is otherwise exceptedfrom Subchapter C of Chapter I of Title 49 CFR (e.g. , batteries transported in accordance with§173.159). This term shall also include Covered Farm Vehicle as defined in 1-390.5.Adopted November 2, 2017Page 4 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 1Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway inintrastate commerce to transport passengers or property when the vehicle—(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weightor gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or(2) Is designed or used to transport more than 10 passengers, including the driver, and is notused to transport passengers for compensation; or(3) Is used in transporting material found by the Secretary of Transportation to be hazardousunder 49 U.S.C. 5103 and transported in any quantity; orCommissioner means the Commissioner of the Department of Public SafetyDepartment means the Department of Public SafetyFor Hire Intrastate Motor Carrier means an entity engaged in the transportation ofgoods or ten or more passengers for compensation wholly within the boundaries of thisstate.Intrastate motor carrier means any self-propelled or towed motor vehicle operatedby an entity that is used on a highway in intrastate commerce to transport passengers orproperty and:(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicleweight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever isgreater;(B) Is designed or used to transport more than ten passengers, including the driver, andis not used to transport passengers for compensation; or(C) Is used to transport material found by the United States Secretary of Transportationto be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.Private motor carrier of passengers (nonbusiness) means private motor carrier involved in theintrastate transportation of passengers not in the furtherance of a commercial enterprise.Volunteer Charitable Organization means a bona fide charitable organization recognized by theInternal Revenue Service under §501(c)(3) of the Internal Revenue Code, or church meeting therequirements of §501(c)(3) and/or §508(c)(1)(A) of the Internal Revenue Code, where such organizationoperates only commercial motor vehicles that do not require a commercial drivers’ license, and, further,such organization is staffed and managed entirely by volunteers who receive no monetary awards,honoraria, or compensation, other than for actual expenses incurred on behalf of the organization, or forper diem expenses in accordance with limits established under the Internal Revenue Code.Adopted November 2, 2017Page 5 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 11-365.602 Applicability(a) The rules in Subpart F of this chapter are applicable to all employers, employees, and commercialmotor vehicles, which transport property or passengers in intrastate commerce.(b) Exceptions. Unless otherwise specifically provided by State or Federal law, the rules in thissubchapter do not apply to—(1) All school bus operations as defined in 49 CFR §390.5,(2) Transportation performed by the Federal government, a State, or any political subdivision ofa State, or an agency established under a compact between States that has been approvedby the Congress of the United States;(3) The occasional transportation of personal property by individuals not for compensation nor inthe furtherance of a commercial enterprise;(4) The transportation of human corpses or the emergency transportation of sick and injuredpersons;(5) The operation of fire trucks and rescue vehicles involved in emergency andrelated operations;(6) The operation of agricultural vehicles in intrastate commerce.(7) Volunteer charitable organizations(8) Private Motor Carrier of Passengers Non-business1-365.603 Georgia Intrastate Motor Carrier RegistrationAny intrastate motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder thatengages in intrastate commerce and operates a commercial motor vehicle on or over any public highwayof this state shall register with the Department unless such carrier is currently registered under theUnified Carrier Registration Program.1-365.604 Certain Passenger Carriers, Household Goods Movers and Non-consensual TowingAny motor carrier engaged in the operation certain passenger carrying vehicles, household’s goodstransportation or non-consensual towing operations shall be governed by the Georgia Motor Carrier Act of2012 as outlined in OCGA Title 40 Chapter 1 Article 3 and by rules established by the Department.1-365.605 Duration of RegistrationAny registration issued under this part shall be valid from January 1st through December 31st of eachcalendar year unless otherwise specified. The commissioner may, at his discretion, choose to suspendthe registration of any motor carrier found to be operating in an unsafe or unfit condition including butnot limited to:(1) Any carrier which receives a permanent rating of “Unsatisfactory” as the result of aninvestigation by the Department or by the Federal Motor Carrier Safety Administration;Adopted November 2, 2017Page 6 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 1(2) Any carrier classified as an “Imminent Hazard” by the Department or the Federal MotorCarrier Safety Administration;(3) Any carrier subject to an Out of Service order by the Department or the Federal Motor CarrierSafety Administration whether for interstate commerce, intrastate commerce or both;(4) Any carrier whose authority is suspended or revoked under the provisions of the GeorgiaMotor Carrier Act of 2012 as outlined in OCGA Title 40 Chapter 1 Article 3 and subsequentrules established by the Department.Adopted November 2, 2017Page 7 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 1Part 376Lease and Interchange of Vehicles1-376 Lease and Interchange of Vehicles.Except as amended by the Department herein, the balance of Rule 1-376 is contained in Leaseand Interchange of Vehicles Regulations issued by the Federal Motor Carrier Safety Administration, U.S.Department of Transportation, Title 49 CFR Part 376, and as amended.Reserved (No Department amendments)Part 382 Controlled Substances and Alcohol Use and Testing1-382 Controlled Substances and Alcohol Use and Testing.Except as amended by the Department herein, the balance of Rule 1-382 is contained inControlled Substance and Alcohol Use and Testing Regulations issued by the Federal Motor Carrier SafetyAdministration, U.S. Department of Transportation, Title 49 CFR Part 382, and as amended.Reserved (No Department amendments)Part 383Commercial Driver’s License Standards; Requirements and Penalties1-383 Commercial Driver’s License Standards.Except as amended by the Department herein, the balance of Rule 1-383 is contained inCommercial Driver’s License Regulations issued by the Federal Motor Carrier Safety Administration, U.S.Department of Transportation, Title 49 CFR Part 383, and as amended. These regulations are adopted forthe purpose of enforcement and to assist the Department of Driver Services with ensuring compliancewith applicable Federal Commercial Driver’s License Standards.Reserved (No Department amendments)Part 385Safety Fitness Procedures1-385 Safety Fitness Procedures.Except as amended by the Department herein, the balance of rule 1-385 is contained inSafety Fitness Procedures regulations issued by the Federal Motor Carrier Safety Administration,U.S. Department of Transportation, Title 49 CFR Part 385, and as amended.Reserved (No Department amendments)Adopted November 2, 2017Page 8 of 28
Motor Carrier, Vehicle, and Driver SafetyChapter 1Part 386Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and HazardousMaterials Proceedings1-386 Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and HazardousMaterials Proceedings.Except as amended by the Department herein, the balance of Rule 1-386 is contained inRules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous MaterialsProceedings Regulations issued by the Federal Motor Carrier Safety Administration, U.S.Department of Transportation, Title 49 CFR Part 386, and as amended.1-386.1 Purpose and Scope.Insofar as necessary to insure proper enforcement of Federal out-of-service regulationswithin this state, the Department adopts this Part in order to maintain compliance andcompatibility with the Commercial Motor Carrier Safety Assistance Program. This Part is intendedto apply only to interstate commerce and those intrastate operations of interstate carriers subjectto the jurisdiction of the Federal Motor Carrier Safety Administration.Reserved (No Department amendments)Part 387Minimum Levels of Financial Responsibility for Motor Carriers1-387 Minimum Levels of Financial Responsibility for Motor Carriers.Except as amended by the Department herein, the balance of Rule 1-387 is contained inMinimum Levels of Financial Responsibility for Motor Carriers Regulations issued by the FederalMotor Carrier Safety Administration, U.S. Department of Transportation, Title 49 CFR Part 387,and as amended.1-387.1 Purpose and Scope.Insofar as necessary to insure proper enforcement of Federal financial responsibilityregulations within this state, the Department adopts this Part in order to maintain complianceand compatibility with the Commercial Motor Carrier Safety Assistance Program. This Part isintended to apply only to interstate commerce and those operations of intrastate carriers subjectto the jurisdiction of the Fede
Motor Carrier, Vehicle, and Driver Safety Chapter 1 Adopted November 2, 2017 Page 5 of 28 Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in intrastate commerce to tr
Driver Account Creation Before a driver can use an ELD, the driver account must be created or attached to the carrier account. Log into your carrier account at https://carrier.bridgehaul.com and click on ADMIN and then Drivers then click on Add Driver at the top right-hand of the screen as shown below As a carrier will be able to add drivers .
May 03, 2016 · A separate Hawaii Driver’s Manual is sold at stores to help you become a well-informed, safe driver and to help you qualify for a regular Hawaii driver’s license. A separate Driver’s Manual for Commercial Motor Vehicle Driver Licensing is available at driver licensing offices and the Motor Vehicle Safety Office to prepare drivers to pass the
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Example: A nursing home may transport their ownclients as a private carrier. Example: An excavation company may transport their ownequipment to a job site as a private carrier. A private carrier does not need to apply for a Federal Motor Carrier Number (MC Number), but does need to regi
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