Compilation of Rules and Regulations of the State of Georgia
Department 672 - STATE DEPARTMENT OF TRANSPORTATION.
Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS
Rule 672-10-.04 - General Conditions Applying to All Permits

Universal Citation: GA Rules and Regs r 672-10-.04

RULE 672-10-.04. General Conditions Applying to All Permits

In addition to compliance with any other conditions imposed on the issuance of a particular permit, any person receiving a permit from the Department thereby certifies that he will comply or has complied (as applicable herein) with the following conditions governing the operation of the permitted vehicle or load. A violation of any of the following conditions may be considered as evidence supporting action to suspend or revoke or deny a permit:

(a) General. In addition to any specific requirements set forth in the Act or these Rules, all hazardous materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with 49 CFR.

(b) Federal and state laws and regulations. Compliance shall be maintained with applicable laws and regulations of the United States and the State of Georgia including, but not limited to, those of the U.S. Department of Transportation, the U.S. Interstate Commerce Commission, the Public Service Commission of Georgia, the Department of Revenue of Georgia, and Georgia Code. Title 95A.

(c) Route of Travel. The permitted vehicle or load shall not be operated over any public road in the State other than those described or allowed in the permit.

(d) Atlanta Restrictions. No permit shall be valid for travel into or through the area bounded by Interstate 285, which is the bypass around the City of Atlanta, unless the vehicle is making a pickup or delivery within the area. The driver must be prepared to show proof of such pickup or delivery. In addition, when a pickup or delivery is to be made within this area, no travel shall be authorized between the hours of 7 a.m. and 9 a.m. or 4 p.m. and 6 p.m. on Monday through Friday. Parking on the Interstate or Limited Access Highway Rights-of-Way will not be permissible for permitted vehicles which are waiting for the authorized times of entry.

(e) Non transferability. Any person receiving a permit from the Department agrees not to allow the permit to be used by any vehicle which is not owned or leased by such person. In addition, every such permit shall be carried in the vehicle to which it refers, and only the original permit shall be valid.

(f) Liability Insurance and Other Security. Public Liability and property damage insurance shall be maintained during the existence of the permit in at least the following amounts: Bodily injury, $100,000 per person; $300,000 per occurrence; and property damage, $50,000. The person requesting a permit shall furnish, along with his application, a certificate of Insurance which shall show the insurance carrier, the policy number, the amounts of coverage, and the effective dates of the coverage. He will also take the actions necessary, to ensure that his insurance carrier shall furnish the Department notices of any changes in his insurance coverage at least ten (10) days prior to their effective dates. Nothing contained herein shall be construed so as to make the Department liable for any damage caused by a permitted vehicle or load. The person receiving the permit thereby promises to hold the Department harmless from such claims and to recompense the department or a political subdivision for any expenditures made to repair damages caused by the permitted vehicle or load.

(g) Cost Recovery. In the event of any incident involving any hazardous materials, regardless of type, quantity, or form, in transport or in storage in this State which causes or threatens to cause a hazardous materials discharge or undue radiation or any other type exposure to any individual, the State may recover from any shipper, carrier, or any other responsible person, costs incurred by the State for activities related to the prevention, abatement, and mitigation of the consequences of such an incident.

(h) Oversize and overweight conditions. The provisions of these rules in no way exempt the movements of hazardous materials from the requirements for securing oversize and overweight permits when applicable.

Ga. L. 1979. pp. 789.794: Ga. L. 1973. pp. 947.982 (Ga. Code of Public Transportation, ยง 95A-303); Ga. L. 1964, p. 338, as amended (Ga. Code Ann. Chapter 3A).

(Original Rule entitled "General Conditions Applying to All Permits" was filed on September 20, 1979; effective October 10, 1979.)
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