Rule 570-38-4-.09 - Passenger Carriers to Utilize only Authorized Vehicles, Operators(1) For the purposes of this Rule, the term "leased" shall mean: (a) Conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of at least one year; or(b) Conveyed to a party subject to a written and executed agreement for the party's exclusive use for a period of less than one year due to unanticipated demand or other business circumstances that require conveyance for a period of less than one year, provided that in such instances,1. A passenger carrier that is a party to such lease shall, no later than 72 hours after entering such lease, provide to the Department that information required by Rule 570-38-2-.04(2)(f) relating to any and all vehicles subject to such lease that will be used to provide transportation in accordance with this subchapter;2. Ensure that the operator of any vehicle subject to such lease has in the vehicle proof of adequate insurance required by law and a copy of the agreement comprising the lease whenever the vehicle is being used to perform transportation subject to this subchapter;3. Upon the Department's request, provide a written explanation as to the unanticipated demand or other business circumstances that existed to require conveyance for a period of less than one year.(2) Except to the extent otherwise authorized by law, this Chapter, or the Department, a passenger carrier performing transportation regulated by this Subchapter shall only be authorized to utilize vehicles that are owned or leased by the carrier itself or a person or entity with ownership interest in the carrier. Such vehicles shall only be operated by persons who (a) are specifically authorized to do so by the carrier; (b) are not otherwise prohibited from doing so by state law or this Chapter; and (c) meet all requirements and possess all documents required by state law and this Chapter to operate the vehicle in question.(3) Except to the extent otherwise authorized by law, this Chapter, or the Department, a passenger carrier shall not be entitled to utilize any vehicle in the performance of transportation regulated by this Subchapter unless the carrier has fulfilled all other requirements and conformed to all other limitations contained within this Subchapter and within state law relating to such vehicle.Ga. Comp. R. & Regs. R. 570-38-4-.09
O.C.G.A. §§ 40-1-8; 40-1-54; 40-1-101.
Original Rule entitled "Passenger Carriers to Utilize only Authorized Vehicles, Operators" adopted. F. Apr. 21, 2020; eff. May 11, 2020.