Rule 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.Ga. Comp. R. & Regs. R. 515-16-15-.02
Authority O.C.G.A. Sec. 44-1-13.
Original Rule entitled "Procedures" adopted. F. June 10, 2008; eff. June 30, 2008.