Ga. Comp. R. & Regs. R. 515-16-15-.02 - Procedures
(1) Before any
wrecker service shall transport vehicles in nonconsensual towing on or over any
public highway of the State of Georgia, it shall first secure a nonconsensual
towing permit from the Commission by making application on forms supplied by
the Commission and paying an annual filing fee of $300.00. Such filing fee
shall accompany the application, which shall not be complete and ready for
favorable Commission action until such fee is paid; and such fee is
nonrefundable upon Commission denial of the application, applicant's withdrawal
of the application or for any other reason. The permit shall be issued on an
annual basis.
(2) The Commission
shall issue a nonconsensual towing permit if the application is complete and
the applicant demonstrates the willingness and ability to comply with the laws
of Georgia and the rules and regulations of the Commission related to NCT
Carriers, including, but not limited to, secure impoundment facility, the
maximum rate tariff, and with Commission insurance and safety
requirements.
(3) The Commission
may refuse to issue a permit where the applicant has failed to show compliance
with the applicable laws of Georgia and the rules and regulations of the
Commission. In such instance, the applicant, shall upon written request made
within 30 days of the date of denial, be entitled to a hearing to contest said
denial.
(4) Permits issued pursuant
to this authority shall be valid except as otherwise provided herein, from the
date of issuance through mid-night of the expiration date shown on the permit,
unless revoked, suspended or amended. There is no grace period. Failure to
renew a permit within the permit's twelve (12) month life shall result not only
in the expiration of such permit, but also in the holder of such expired permit
having to re-apply for a new permit in order to resume conducting nonconsensual
towing operations after such expiration date.
(5) Any nonconsensual towing permit obtained
from this Commission shall be posted and kept in a conspicuous place at the
main office of the wrecker service to whom such permit is granted; and copies
of such permits shall be carried in the cab of any wrecker or tow truck
operated under such permit.
(6)
Applications to renew a permit must be submitted on a form designated by the
Commission. Renewal applications should be submitted no sooner than 30 days and
no later than 10 days prior to the expiration date of the permit.
(7) The Commission may, at any time after
notice and an opportunity to be heard, suspend, revoke, alter, or amend any
permit issued under these rules if it shall appear that the holder of the
permit has violated or refused to observe any of the lawful and reasonable
orders, rules or regulations prescribed by the Commission, any of the
applicable provisions of Title 46 or Title 40 of the Official Code of Georgia,
or any other law of this state regulating or taxing motor vehicles.
(8) In the event of a change of name or
ownership by the holder of a nonconsensual towing permit (including acquisition
of controlling interest in a corporate entity), application for a new permit
shall be made to the Commission and the old permit surrendered to the
Commission before another permit can be issued to the new owner(s). The
application for a permit by a new owner shall be made in the same manner as for
an original nonconsensual towing permit and the fee shall be the same as for an
original permit.
(9) Any
nonconsensual permit issued by the Commission shall not be assignable or
transferable to any other person, firm, corporation or other entity.
Notes
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