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O.C.G.A. § 46-11-3 <-- --> O.C.G.A. §46-11-5

2010 Georgia Code

TITLE 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

CHAPTER 11 - TRANSPORTATION OF HAZARDOUS MATERIALS
§ 46-11-4 - Regulation of transportation of hazardous materials on public roads of state generally

O.C.G.A. 46-11-4 (2010)
46-11-4. Regulation of transportation of hazardous materials on public roads of state generally


(a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.

(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commissioner pursuant to this chapter and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Community Health, and state fire marshal, applicable to such persons.

(c) The commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commissioner or his or her designee in accordance with such rules and regulations.

(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.

(e) No transportation of hazardous material shall take place in or through this state until the commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.

(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer.

(g) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
(h)(1) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.

(2) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue a single-trip permit to any vehicle.

(i) The commissioner may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commissioner.

(j) For purposes of this chapter, the commissioner is expressly authorized to contract with the Department of Public Safety, the Department of Community Health, or other state agencies or departments to perform any activities necessary to implement this chapter.

(k) Notwithstanding any other provisions of this chapter, the commissioner is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.

(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Community Health pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.

(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.

(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.

(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commissioner and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.

(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.