Ga. Comp. R. & Regs. 515-16-4-.01
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.
Ga. Comp. R. & Regs. R. 515-16-4-.01
Authority 49 USCA Secs. 13101, 13702, 14501, 14504, O.C.G.A. Secs. 46-2-30, 46-7-2, 46-7-27.