Ga. Comp. R. & Regs. R. 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.
Notes
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