Rule 570-38-1-.05 - Adoption of Federal Motor Carrier Safety Rules(1) Except to the extent modified by this Rule or otherwise in accordance with the Department's authority under state and federal law, the Motor Carrier Safety Regulations issued by the United States Department of Transportation's Federal Motor Carrier Safety Administration (hereinafter "FMCSA"), contained in Parts 350, 376, 382, 383, and 390 through 397 of Title 49 of the Code of Federal Regulations, as now in force and as hereafter amended (hereinafter "the Federal Safety Rules"), are by this Rule made Rules of the Department under this Subchapter for all carriers regulated by this Department.(2) The Department shall enforce such Federal 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 Department. 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.(3) 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 Department 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.(4) The Department may undertake to adopt motor carrier safety rules more stringent than such Federal Safety Rules. In accordance with O.C.G.A. § 40-1-8(c)(1), the Department may promulgate these rules by administrative order and publish the same in the Department's "Transportation Rulebook" or elsewhere. Such Rules will be available for inspection by the public on the Department's website either as a part of the Department's Transportation Rulebook or otherwise.(5) In the Federal Motor Carrier Safety Regulations adopted by reference in this Rule and applicable throughout this Chapter, any reference to the "Operations Manager" and/or "Associate Administrator, Federal Motor Carrier Safety Administration," shall be interpreted to mean Commissioner, Georgia Department of Public Safety, 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 to mean "intrastate" commerce in Georgia. It is the intent of the Department that the Rules of this Chapter and rules, regulations, and orders promulgated in accordance with this Chapter (including its motor carrier safety rules) shall apply only to intrastate carriers and operations.Ga. Comp. R. & Regs. R. 570-38-1-.05
O.C.G.A. §§ 40-1-8; 40-1-54.
Original Rule entitled "Adoption of Federal Motor Carrier Safety Rules" adopted. F. Apr. 21, 2020; eff. May 11, 2020.