CHAPTER 516

An Act to amend the Code of Virginia by adding thereto in Title 56
a chapter numbered 14.1 containing sections 56-457.1 through 56-
457.10, to require that sight-seeing carriers by boat and special or

charter parties by boat have a certificate of public convenience and

necessity as a prerequisite to operation; exceptions. $ 290)
[

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding thereto in Title 56
a chapter numbered 14.1 containing sections numbered 56-457.1 through
56-457.10, as follows:
Chapter 14.1
Sight-Seeing Carriers By Boat

§ 56-457.1. DEFINITIONS.—When used in this chapter, unless ex-
pressly stated otherwise:

(a) “Person” means any person, firm or corporation.

(b) “Commission” means the State Corporation Commission.

(c) “Sight-seeing carrier by boat” means a restricted common car-
rier authorized to transport sight-seers under the provisions of this chapter,
which restricted common carrier uses a boat or boats operating on waters
within the Commonwealth. The provisions of this chapter shall apply to
special or charter parties by boat as hereinafter defined. Sight-
seeing carriers by boat and special or charter parties by boat as defined
in this chapter shall not be regarded as steamship companies.

(d) “Special or charter party by boat’ for purposes of this chapter
shall mean a group movement of persons transported under a single con-
tract made with one person for an agreed charge for such movement re-
gardless of the number of persons transported and in connection with
which the fare or tariff is set for determined with regard to the number
of such persons to be transported and not on an individual basis. Pro-
vided, however, persons engaged in operating boats for fishing or having
an approved passenger capacity of twenty-five or less persons shall not
be regarded as special or charter parties under this chapter. Such persons
may otherwise be subject to the provisions of this chapter if within the
definition of sight-seeing carrier by boat.

(e) “Certificate” means a certificate of public convenience and neces-
sity issued by the Commission to a sight-seeing carrier by boat, if said
municipal corporation has a population greater than 89,000 but less than

§ 56-457.2. CERTIFICATES.—A certificate issued under this chap-
ter shall authorize the holder named in the certificate to transport sight-
seers and special or charter parties from the point or origin named in
the certificate over regular routes to the point or points of interest named
in the certificate and back to the point of origin. Only one point of
origin shall be named in a certificate.

§ 56-457.3. WHEN GRANTED.—tThe public convenience and neces-
sity to be served by this chapter is to encourage sight-seers to visit and
view points of interest in Virginia by providing economical, comfortable
and convenient transportation, and in the issuance of certificates the
Commission shall consider all facts bearing on that purpose, including
existing means of transportation and the character of the applicant and
the kind of equipment he proposes to use. The Commission shall issue
no more certificates than the public convenience and necessity require,
and shall place such restrictions upon such certificates as may be reason-
ably necessary to protect any existing sight-seeing carrier by boat or
special or charter parties by boat operating over the same or substantially
the same route or routes under a certificate issued by the Commission,
but shall not deny a certificate solely on the ground that the applicant
will operate over the same route or substantially the same route or part of
the route of an existing sight-seeing carrier by boat or special or charter
parties by boat.

§ 56-457.4. WHEN REVOKED.—In addition to the grounds on
which a certificate issued to a common carrier other than a sight-seeing
carrier by boat and special and charter parties by boat may be revoked,
a certificate may be revoked, after notice and hearing, for failure to
furnish economical, comfortable and convenient transportation. A certif-
kone an be revoked whenever the holder requests in writing that it be
revoke

§ 56-457.5. TRANSFERS AND LEASES.—No certificates shall be
transferred or leased, but a certificate issued to an individual shall be
construed to authorize the individual to operate with one or more partners
and a certificate issued to a partnership shall be construed to authorize
the firm to operate with more or fewer partners so long as at least one
of the partners named in the certificate continues to be active in the busi-
ness, provided that the names and addresses of all partners engaged in
the business are filed with the Commission whenever there is a change
in the partnership.

§ 56-457.6. FARES.—The fares charged by sight-seeing carriers
by boat but not special or charter parties by boat shall be fixed by the
aie at such rates as will promote the purposes mentioned in

-457.3.

§ 56-457.7. SCHEDULES.—The schedules operated by sight-seeing
carriers by boat shall be filed with and subject to the approval or dis-
approval of the Commission, which may consider the seasonal nature of
the business and may authorize the discontinuance of schedules during
times when the demand for service does not justify service. The area of
operation of special or charter parties by boat shall also be subject to
the approval or disapproval of the Commission.

§ 56-457.8. CONDITION TO OPERATION.—No person shall en-
gage in business as a sight-seeing carrier by boat or as a special or charter
party by boat as defined in this chapter unless such person first has ob-
tained a certificate of public convenience and necessity by the Commission
pursuant to the provisions of this chapter. Operation as a sight-seeing
carrier by boat or as a special or charter party by boat as defined in
this chapter, without having been issued a certificate of public convenience
and necessity, shall be a misdemeanor.

-457.9. GRANDFATHER CLAUSE.—The provisions of Chap-
ter 14.1 of Title 56 shall not be applicable to any sight-seeing carrier
by boat or special or charter party by boat as defined in this chapter
in operation or on before January 1, 1968. Provided, however, any sight-
seeing carrier by boat or special or charter party by boat, whether or not
in operation on or before January 1, 1968, shall file with the Commis-
sion a statement showing the scheduled point or points of interest or area
of operation and the rate for regularly scheduled trips.

§ 56-457.10. EXCEPTION.—tThe provisions of this Chapter 14.1
shall not be applicable to any municipal corporation acting as a sight-
seeing carrier by boat or special or charter party by boat.