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If you have additional insurance questions, please
contact us at (404) 624-7244.
Question
16: Do the federal and state insurance requirements differ?
Answer: Yes. The minimum
insurance requirements set by the Federal Motor Carrier Safety
Administration (FMCSA) differ significantly from state requirements. The level
of financial responsibility required by FMCSA is predicated upon the
manufacturer’s designed seating capacity, not on the number of passengers
riding in the vehicle at a particular time. The minimum levels of
financial responsibility required for various seating capacities are
found in Title 49, CFR, §387.33.
Question:
Are limousines and limousine carrier vehicles considered “Commercial
Motor Vehicles” (CMV)?
Answer:
Limousines and Limousine carrier vehicles that have a seating capacity of
more than 8 passengers, including the driver, are considered “Commercial
Motor Vehicles” (CMVs). See OCGA §40-1-1.
Question
17: What
exactly is a “Lightweight Commercial Motor Vehicle” (LCMV)?
Answer:
According to OCGA §40-1-1, a LCMV is a motor vehicle which does not meet
the definition of a commercial motor vehicle and which, in the
furtherance of a commercial enterprise:
(A) Is used to transport hazardous materials in a type and quantity for
which placards are not required in accordance with the Hazardous Materials
Regulations prescribed by the United States Department of Transportation,
Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by
the commissioner of public safety;
(B) Is used to transport property for compensation;
(C) Is used to transport passengers for compensation, other than a
taxicab; or
(D) Is a wrecker or tow truck.
(See OCGA §40-1-1).
Question
18. Are all limousine and bus/motorcoach carrier vehicles utilized to
transport passengers for-hire in intrastate commerce required to undergo
safety inspections annually?
Answer:
Yes. OCGA
§40-1-154 authorizes DPS to regulate the safety of limousine carriers, as
well as the scope of such safety inspections. Therefore, all limousine
carrier vehicles, including both “Commercial Motor Vehicles” and
Lightweight Commercial Motor Vehicles” must be inspected. Vehicles with
the seating capacity of 8 or less will need inspection conducted by a
certified mechanic of their choice. Vehicle with the seating capacity
with 9 or more will need a DOT inspection by a qualified DOT mechanic
certified to conduct commercial vehicle inspections, in addition the
carrier will need their vehicles scheduled for vehicle inspections by a
DPS law enforcement officer each year.
Question
17: Are the Annual Periodic Inspection and the DPS Safety Inspection
considered the same type of inspection?
Answer:
No. The annual periodic inspection is performed by a certified DOT
mechanic of the carrier’s choosing. The DPS Safety Inspection is
conducted by a uniformed law enforcement officer of the Department of
Public Safety.
Question 19: Are the DPS Safety Inspections conducted by a DPS law
enforcement officer equivalent to the Annual Periodic Inspections
required by PSC Rule 515-16-8-.05 and Title 49, CFR, §396.17?
Answer: Yes, whereas OCGA §40-1-154
authorizes DPS to regulate the safety of limousine carriers, as well as
the scope of such safety inspections. Furthermore, Title 49, CFR, §396.23
specifies such mandatory state inspections performed by state personnel
(DPS) on carriers that are subject to a mandatory State inspection
program are equivalent to the Annual Periodic Inspection.
Question
20: What is a Cease-and-Desist Order?
Answer: A Cease-and-Desist Order is a
“Temporary Prohibition” issued by the Commissioner of Public Ordering a
carrier regulated by DPS to immediately “Cease & Desist” all
intrastate for-hire transportation. The Order states certain conditions
of improvement that must be met before the carrier is authorized to
resume operations.
A Cease-and-Desist Order can only be
terminated by the Commissioner of Public Safety. Violations of a Cease-and-Desist
Order may carry both criminal and civil penalties up to incarceration
and/or up to a $15,000.00 fine per violation.
Question
21: Is a limousine or limousine carrier vehicle required to be marked
and identified as a for-hire limousine service?
Answer: Yes. According
to OCGA §40-1-167, each limousine carrier which registers any vehicle
under this article shall, for each such certificated vehicle, affix to
the center of the front bumper of each such certificated vehicle a
standard size license plate bearing the following information (See
examples on next page):
For
Lightweight Commercial Vehicles (LCMVs) (8 or less passenger capacity
including the driver) (OCGA 40-1-1):
1.
Limousine Carrier name
2.
City & State of principal domicile
3.
Company Telephone Number
4.
Department of Public Safety MCA Number, which is
issued by DPS at the time the operating authority is issued.
LCMV Marking Example (8 or less passenger
capacity)
 
For
Commercial Motor Vehicles (more than 8 passenger capacity including the
driver):
1.
Limousine Carrier name
2.
City & State of principal domicile
3.
Company Telephone Number
4.
Federal or State Motor Carrier Identification Number
(USDOT number).
Example of CMV limo marking (more than 8
passengers, including the driver)
G.
Davis Limousine Service, LLC
Atlanta,
GA
(404)
000-0000
USDOT
000000 GA
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Note: If your USDOT number was issued by FMCSA, drop
the letters “GA” from the above example and include the USDOT Number as
“USDOT 000000.”
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