Georgia Trucking Laws And Regulations

In an effort to keep Georgia’s roads safe; there are many laws and regulations in place for the trucking industry. These laws enhance existing federal laws to protect all users of Georgia’s extensive roadways. Let us examine some of these trucking laws and regulations a little closer:

Gross vehicle weight rating (GVWR): This is the highest cumulative weight of the truck which includes its fuel, cargo, driver and passengers, other fluids, and the truck itself. This weight is set by the truck manufacturer and is used as part of safety regulations in Georgia.
Truck drivers are required to have a commercial driver’s license and do alcohol and drug testing.
A medical examiner’s certificate is mandatory.
All trucks must have a Georgia U.S. Department of Transportation (DOT) number and/or a U.S. DOT number.
Eleven hours is the maximum driving limit for all truck drivers.
All trucks must be equipped with a fire extinguisher.
Reflective triangles must be used when the vehicle is stopped.
Accurate time record must be kept.
Annual mechanical inspection must be performed on the truck.
Post-trip inspection must be done and recorded.
Trailers must have brakes, lights, and reflectors.

The three main categories of trucking laws and regulations in Georgia are Rule 4-1-1.1, O.C.G.A § 46-7-12, and Jackson et al v. Sluder. Only an experienced truck accident attorney is able to properly interpret these rules and regulations whenever there is a trucking accident. Georgia’s foremost truck accident law firm is Johnson & Ward. Contact our Atlanta office for a free consultation at (404) 524-5626.

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Code O.C.G.A § 46-7-12

O.C.G.A § 46-7-12. Requirement as to obtaining of security bond, indemnity insurance, or self_insurance before issuance of certificate or permit. [Amended effective 7/1/01]

(a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.

(b) The commissioner shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.

(c) The commissioner may, in his or her discretion, allow the filing of a certificate of insurance on forms prescribed by the commissioner, in lieu of such bond, evidencing a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such certificate shall be filed by the insurer. The failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier’s insurer.

(d) The commissioner shall have power to permit self_insurance, in lieu of a bond or policy of indemnity insurance, whenever in his or her opinion the financial ability of the motor carrier so warrants.

(e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.

(Ga.L. 1931, p. 199, § 7; Code 1933, § 68_612; Ga. L.1937, p. 730, § 2; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9_4; Ga. L. 2000, p. 1583, § 1)