Rule 570-38-2-.04 - Application for Certificate(1) Except as provided for by law or as otherwise authorized by this Subchapter, before any person or entity to whom or to which this Subchapter is applicable operates or holds itself out as an intrastate motor carrier in this State, such person or entity shall complete and submit to the Department an application for the necessary certificate(s).(2) An applicant shall submit a written application in the form prescribed by the Department. The application shall include:(a) The complete name of the applicant's business;(b) The current business address of the applicant;(c) The current business telephone number or the applicant;(d) The current business e-mail address of the applicant;(e) If the applicant is an owned entity, the full name(s) and mailing address(es) of the owner(s) of that entity and, when applicable, the entity's officers;(f) For applicants seeking a certificate as a passenger carrier in accordance with Subchapter 4 of these Rules and/or a limousine carrier in accordance with Subchapter 5 of these Rules, a list detailing the type, description, and number of vehicles owned or operated by the applicant in connection with its carrier service, as well as identifying information for each such vehicle;(g) An acknowledgment of the applicant's understanding of vehicle display requirements for commercial motor carriers;(h) An acknowledgement of the applicant's understanding of the relevant federal and state motor carrier requirements;(i) An acknowledgement of the applicant's understanding of the applicant's insurance and workers' compensation requirements;(j) A financial statement by the applicant with supporting documentation;(k) An acknowledgment of the applicant's understanding of the Department's rules, regulations, and tariff, and an affirmation that the applicant will comply with the same;(l) The applicant's consent for the Department to conduct a background check with attached criminal and motor vehicle history;(m) The required application fees in accordance with O.C.G.A. §§ 40-1-103 and 40-1-109;(n) A certificate or certificates of insurance as required by O.C.G.A. § 40-1-112 or otherwise by Georgia law or this Chapter;(o) To the extent this Chapter requires a minimum amount of assets to obtain the certificate(s) the applicant is seeking and/or operate or hold oneself out as the type of carrier for which applicant is seeking a certificate or certificates, a statement of assets and any supporting documentation requested by the Department; and(p) Any other information deemed necessary by the Department and authorized by law for the Department to require as part of the application process including but not limited to all information required by O.C.G.A. § 40-1-107.(3) The application shall be typed or handwritten legibly in blue or black ink. All information required on the application shall be given in full and all questions thereupon shall be answered truthfully and fully. In the event portions or the application are not applicable to the applicant, the applicant shall mark that the relevant portion of the application is not applicable to the applicant.(4) The business name provided by the applicant in its application must match the business name listed on all additional documentation the applicant is required or requested to submit to the Department in accordance with law or these Rules during the application process or while operating as a motor carrier.(5) Where an applicant has submitted a complete application in accordance with this Rule, the Department will accept the application for consideration. Within 90 days of acceptance of an application, the applicant shall submit to the Department the required insurance forms in accordance with Rule 570-38-2-.05 and as directed by the Department.(6) The Department will not consider applications if:(a) The application is not complete;(b) Required documentation does not accompany the application;(c) The required application fees are not paid;(d) The required insurance forms are not submitted after acceptance of the application for consideration.(7) The Department may notify an applicant that a submitted application is not complete or otherwise cannot be considered and afford the applicant an opportunity to complete or rectify the application. In such circumstances, the applicant shall be afforded no longer than 90 days to complete or rectify the application. If the applicant does not complete or rectify its application within the required time period, the Department shall deem the application abandoned and the applicant shall be required to complete a new application if such applicant later seeks a certificate or certificates as a carrier.Ga. Comp. R. & Regs. R. 570-38-2-.04
O.C.G.A. §§ 40-1-101; 40-1-102; 40-1-103; 40-1-106; 40-1-107; 40-1-109; 40-1-111.
Original Rule entitled "Application for Certificate" adopted. F. Apr. 21, 2020; eff. May 11, 2020.