§ 46-7-7 - Considerations determining granting of certificate generally; burden of proof; protest by other carriers; issuance if application unprotested or unopposed - Georgia Statutes

O.C.G.A. 46-7-7 (2010)
46-7-7. Considerations determining granting of certificate generally; burden of proof; protest by other carriers; issuance if application unprotested or unopposed

(a) The commission shall issue a certificate to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commission if it finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors:

(1) The applicant's financial ability to perform the service it seeks to provide;

(2) The applicant's capability and willingness to perform properly and safely the proposed service; and

(3) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission.

(b) The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant.

(c) Upon an applicant making out a prima-facie case as to the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted.

(d) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:

(1) Possesses authority from the commission to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period;

(2) Has pending before the commission an application previously filed with the commission for substantially the same authority; or

(3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant.

(e) The commission may issue a certificate without a hearing if the application is unprotested or unopposed.