Rule 515-16-5-.12 - Requirements for Issuance of Interim Certificate(1) The Commission shall issue an interim certificate to a person authorizing transportation as a motor carrier subject to the jurisdiction of the Commission if it finds that:(2) The applicant 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 four (4) factors: (a) the applicant's financial ability to perform the service it seeks to provide;(b) its capability and willingness to properly and safely perform the proposed service;(c) the applicant must attend a training class on the laws of Georgia and the rules and regulations of the Commission, given by the Commission, or test out of the class;(d) its willingness to comply with the laws of Georgia and the rules and regulations of the Commission; and(3) In case of application for Limousine certificate only, applicant has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.(4) Service performed during the interim period by applicant will be the basis for issuance of the permanent certificate.(5) The initial burden of making out a prima facie case that applicant's service is needed, and that it is fit to provide such service, rests with the applicant.(6) Upon applicant making out a prima facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant(s) to show that the authority sought would not be consistent with the public convenience and necessity.Ga. Comp. R. & Regs. R. 515-16-5-.12
Authority O.C.G.A. Secs. 46-7-8, 46-7-12, 46-7-13, 46-7-27.
Original Rule entitled "Requirements for Issuance of Interim Certificate" adopted. F. June 10, 2008; eff. June 30, 2008.