Rule 570-38-1-.07 - Inspections by Members of the Department(1) Except where otherwise provided by this Chapter or by law, any member or authorized representative of the Department shall have the right to: (a) Enter into or upon and inspect any premises owned, leased, operated, or used by any carrier subject to the Department's jurisdiction or regulatory authority; and(b) Enter upon and inspect any vehicle or equipment operated by such carrier in intrastate commerce within this State for the purpose of inspecting such carrier's books, records, motor carrier equipment, premises, and/or vehicles to ascertain such carrier's past and current compliance with Georgia law and transportation rules within the Department's jurisdiction.(2) In accordance with paragraph (1) of this Rule, members and authorized representatives of the Department are authorized to conduct safety operations reviews of motor carriers under the Department's jurisdiction for the purpose of determining compliance with the laws, rules, regulations, and orders of the Department or the Federal Motor Carrier Safety and/or Hazardous Materials Regulations.(3) Except where otherwise provided by this Chapter or by law, upon demand by any member or authorized representative of the Department that a carrier subject to the jurisdiction or regulatory authority of the Department produce for inspection any books, papers, contracts, agreements, and/or other records of any character in the possession, custody, or control of said carrier which relate or which are likely to relate to the jurisdiction or regulatory authority of the Department, said carrier shall have the duty to produce any and all such requested records.(4) The Department shall have the sole discretion to accept in lieu of original records a copy of any records requested in accordance with paragraph (3) of this Rule. No carrier subject to the requirements of paragraph (3) of this Rule shall be excused from the requirement to produce original records unless explicitly authorized by a Member or authorized representative of the Department to produce a copy.(5) Upon request by a regulated entity, a member or authorized representative of the Department who is exercising the authority granted by paragraphs (1) or (2) of this Rule shall display a Department issued credential identifying him or her as a member or authorized representative of the Department.(6) This Rule shall not apply to ride share drivers, ride share network services, taxi services, transportation referral services, and transportation referral service providers as defined by O.C.G.A. § 40-1-190, provided however that the Department shall be authorized to conduct those inspection of such drivers' and services' books, records, motor carrier equipment, premises, and/or vehicles that are otherwise authorized by this Chapter or by law.Ga. Comp. R. & Regs. R. 570-38-1-.07
O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-121.
Original Rule entitled "Inspections by Members of the Department" adopted. F. Apr. 21, 2020; eff. May 11, 2020.