We granted Canal Insurance Company’s interlocutory appeal to determine whether or not the trial court erred in denying its motion for summary judgment. We conclude that it did and reverse.
*540This case arose out of an accident involving a pickup truck in which Gary Farmer was a passenger, and a tractor-trailer owned by J. L. Garnett, Inc. Garnett’s tractor-trailer was insured at the time by Canal Insurance Company. Farmer and his wife sued the driver of the tractor-trailer, Garnett, and Canal Insurance Company.
Canal argues that the Farmers cannot proceed directly against the insurance company because OCGA § 46-7-12 (e) allows a plaintiff to join the insurance company in the same action as the motor carrier only if the motor carrier has filed a security bond or an indemnity insurance policy in lieu of a bond with the Public Service Commission (“PSC”). It is undisputed that Garnett never filed for a certificate of public convenience and necessity with the PSC and never filed a bond or insurance policy in lieu of bond. It is also undisputed that Canal Insurance Company never filed a Form E certificate of insurance with the PSC.
The Farmers contend Canal Insurance Company knew Garnett was a non-exempt motor contract carrier under state law and yet deliberately refrained from filing a Form E certificate of insurance with the PSC. They argue that plaintiffs should not be deprived of their right to sue the insurance company directly when the insurance company intentionally failed to register the insurance policy with the PSC.
We recently decided this issue in Southern Gen. Ins. Co. v. Waymond, 221 Ga. App. 613 (472 SE2d 325) (1996). In that case, we held that, “[u]nder the unambiguous terms of the statute, as construed in Glenn McClendon [Trucking Co. v. Williams, 183 Ga. App. 508 (359 SE2d 351) (1987)], a plaintiff must prove that a policy was filed and approved by the PSC in order to maintain a direct action against the insurer of a motor contract carrier.” Waymond, supra.
Therefore, in light of our holding in Waymond, we conclude that the Farmers cannot maintain a direct action against Canal Insurance Company because the insurance policy issued to Garnett was never filed or approved by the PSC. Accordingly, the trial court erred in denying Canal Insurance Company’s motion for summary judgment.
Judgment reversed.
Smith, J., concurs. Pope, P. J., concurs specially.