Residents may voice their opinions on how city officials are ignoring state law to allow a single business to operate as an unlicensed limousine service by contacting the Georgia Department of Public Safety and their city council members.

Another attempt was made by city officials in hopes of allowing alcoholic beverages on motorized “Pedal Pub” vehicles as they drive through the functional city streets of downtown Columbus, Georgia.

During the city council meeting held on December 6, 2022, Councilman John House (District 10) responsibly asked how the city planned to “get around” Georgia state law prohibiting open containers of alcohol in motor vehicles (GA Code § 40-6-253).

In response, the Deputy City Manager’s office stated that it was permitted since state law allows for open containers of alcohol in limousines — which would be true within certain bounds, if Pedal Pub’s vehicles were limousines (spoiler alert: they aren’t).

A few minutes later, Councilwoman Charmaine Crabb (District 5) posed another sensible and responsible question, asking why the city was seeking to “reinvent the wheel” by creating this new “tour service vehicle” ordinance if the vehicles were limousines; why wasn’t the city simply following the state’s laws surrounding that instead?

The deputy city manager’s office replied in contradiction to its previous statement, now conveniently saying the vehicles were not in fact limousines.

To be clear: when asked how the city was getting around Georgia’s motor vehicle open container laws, the city said Pedal Pubs are limousines. However, when asked why the city required new ordinance , the city said Pedal Pubs are not limousines. So, which is it?

The city’s contradictory and circular logic leaves us at the Muckraker feeling a bit confused; we have one simple question:

So, What Is A Limousine?

No one seems to be able to tell us, so the Muckraker went on a journey to investigate what current Georgia state law had to say about this existential question that plagues even the most seasoned of Columbus officials. Here’s what we found.

We first looked up the current legal definition of a limousine under Georgia state law, which is found in O.C.G.A. 46-7-85.1:

“Limousine means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.”

The motorized vehicles operated by “Pedal Pub” do not appear to meet these requirements of state law. Here’s why:

• According to the state of Georgia’s definition, only motor vehicles can be limousines. If city officials wish to seek this route of classification, they must first concede that Pedal Pub’s vehicles are not “bicycles”; they do indeed meet the definition of a motor vehicle in accordance with GA Code § 40-1-1 and do not meet the state’s definition of a bicycle. 
• A limousine must meet the manufacturer’s specifications for a “luxury limousine.” Pedal Pub’s vehicles — on their face — do not appear to meet any manufacturer’s requirements whatsoever for a luxury limo. 
• A limo must have a designated seating capacity of no more than ten passengers. According to Pedal Pub’s own website, their Columbus-based vehicles seat up to 15 people, which exceeds the 10 passenger limit for classification as a limousine. 
• The open-air design of the vehicle does allow for the entry and exit of passengers at the rear of the vehicle; there is no controlled entry and exit whatsoever, which is directly in contradiction of the stated intent.

But Wait — There’s More!

Even if Pedal Pub’s vehicles met these requirements (which they do not), they would still not be permitted to operate as a limousine carrier service within the state of Georgia until they obtained the proper licensing. 

We looked that up too. 

• According to Rule 515–16-8-.02: “No limousine carrier shall operate as a limousine carrier or a limousine (as those terms are defined in O.C.G.A. §§ 46-1-1 and 46-7-85.1) for the transportation of passengers for compensation on any public highway in this State unless such carrier has first acquired an interim or permanent certificate to do so from this Commission and except in accordance with the provisions of federal laws, state laws, the Commission certificate issued to such carrier and the Transportation Rules of this Commission.”
• Additionally, Pedal Pub’s vehicle drivers must all possess a valid Chauffeur Permit, according to Rule 515-16-8-.04, which states: “All limousine carrier drivers, before operating any motor vehicle in intrastate commerce, shall first secure a Chauffeur Permit from the Georgia Department of Driver Services by making application on forms prescribed by the Georgia Department of Driver Services and by paying the required filing fee.”
• Limousines in Georgia must also be inspected annually by a certified mechanic, as stated in Rule 515-16-8-.05: “All limousine carriers as defined in O.C.G.A. § 46-7-85.1 holding a Certificate issued by the Commission must have all vehicles inspected annually to be in compliance with the Department of Revenue rules and regulations. Inspection must be done by a certified mechanic.”
• Another requirement is the placement of a special license plate on the front bumper of the vehicle identifying it as a licensed limousine, as stated in Rule 515-16-8-.06: “Prior to operating limousines over the highways of Georgia for which registration and licensing of such equipment has been made, every motor carrier holding a certificate to transport passengers in limousines shall affix to the front bumper a standard size license plate with the following information: (a)Limousine company name; (b)City and state of principal domicile; (c)Company telephone number; and (d)Vehicle classification - IE-1.”
• Furthermore, all limousines in Georgia must comply with all safety rules and regulations, according to Rule 515-16-8-.07: “Limousines must comply with all safety rules and regulations.”
• There are also strict rules on how limousines are permitted to advertise their services, whereas all limousine carriers in Georgia must include their motor carrier authorization number issued to it by the Georgia Public Service Commission, along with their address, as stated in Rule 515-16-8-.11: “With regard to any advertisement for a limousine carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on the World Wide Web, the limousine carrier advertising its services shall include the motor carrier authorization number issued to it by the Georgia Public Service Commission and the physical address of such carrier's principal office, which physical address cannot be a post office box or commercial mail drop station such as Mail Boxes, Etc. or a UPS Store.”
• While Columbus officials have moved to amend their proposed ordinance to require a $500,000 liability insurance policy for Pedal Pub, state law has other requirements as stated in Rule 515-16-8-.12: “Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company authorized to do business in this state which policy shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The Commission shall determine and fix the amounts of such insurance and shall prescribe the provisions and limitations of such insurance.”
• Should Pedal Pub not be in compliance with any of the above rules, anyone can file a third-party petition with the Georgia Public Service Commission, as stated in Rule 515-16-8-.13: “The Commission may hear a petition by a third party asserting that a limousine carrier has violated applicable provisions of O.C.G.A. Chapter 46-7 or of the Commission Transportation Rules; and, based upon findings of fact and conclusions of law after notice and hearing, the Commission may impose the penalties and seek the remedies if the Commission finds such a violation as specified elsewhere in these Transportation Rules.”

It’s Going To Be The City's Fault

While the city of Columbus may feel as if it has “sovereign immunity” to avoid responsibility in gross negligence lawsuits dealing with its creation of ordinances, Georgia state law says otherwise. According to GA Code § 36-33-1: “Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable.”

We at the Muckraker feel it safe to assume that the negligent creation of arbitrary ordinances that willfully ignore state law would indeed be classified as a ministerial duty.

Follow the law. It exists for a reason. 

Call us crazy, but perhaps city officials should be spending their time reducing violent crime and staffing the missing 33% of its police force instead of negligently seeking to evade state law in the name of “tourism.” 

Residents may voice their opinions on how city officials are ignoring state law to allow a single business to operate as an unlicensed limousine service by contacting the Georgia Department of Public Safety and their city council members.

Facts are stubborn things — and we’ll keep publishing them, whether city officials like them or not.

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