Chap. 551.—An ACT to amend and re-enact sections 2, 3, 5, 6 and 8 of chapter
161 of the acts of assembly for 1923, as amended by act approved March
14, 1924, entitled an act providing for the regulation, supervision and _con-
trol of persons, firms, corporations and associations owning, controlling,
operating or managing motor vehicles used in the business of transporting
persons or property for compensation on the improved public highways
of this State, which are or may hereafter be declared to be, parts of the
State highway system or any of the county highway systems; declaring
motor vehicle carriers, as hereinafter defined, to be common carriers, trans-
portation companies and public service corporations within the meaning of
the law; and pesecribing and imposing license fees and providing for the
disposition of the revenue raised by the same. {S B 178]

Approved March 29, 1926.

1. Be it enacted by the general assembly of Virginia, That sec-
tions two, three, five, six, and eight of chapter one hundred and sixty-
one of the acts of assembly’of nineteen hundred and twenty-three, as
amended by an act approved March fourteenth, nineteen hundred
nd twenty-four, entitled an act providing for the regulation, super-
‘sion and control of persons, firms, corporations and associations
wning, controlling, operating or managing motor vehicles used in the
usiness of transporting persons or property for compensation on the
mproved public highways of this State, which are or may hereafter
e declared to be, parts of the State highway system or any of the
‘county highway systems; declaring motor vehicle carriers, as herein-
ifter defined, to be common carriers, transportation companies and
»ublic service corporations within the meaning of the law; and pre-
scribing and imposing license fees and providing for the disposition of
he revenue raised by the same, be amended and re-enacted so as to
ead as follows:

Section 2. No corporation or person, their lessees, trustees or re-
-eivers shall operate any motor propelled vehicle as hereinbefore de-
ined, for the transportation of persons or property for compensation on
any improved public highways of this State, except in accordance with
the provisions of this act, and every motor vehicle carrier, as hereinbe-
fore defined is hereby declared to be a common carrier, a transportation
company and a public service corporation within the meaning of the
laws of this State, and as such subject to control, supervision and regu-
lation by the commission in the manner provided by law; but no such
motor vehicle carriers shall be deemed to possess the power of eminent
domain, and in the matter of fixing and regulating rates the procedure
shall be as provided by law for public utility companies. All pro-
visions of the general law contained in chapter one hundred and fifty-
five of the Code of Virginia requiring the separation of white and
colored passengers shall so far as reasonably applicable be observed
by the common carriers in this act mentioned; provided, however,
that nothing in this act contained shall apply to motor vehicles under
contract with State, county, city or town authorities for the exclusive
transportation of pupils, teachers or schools officials to or from schools
or while used exclusively for transporting persons to or from Sunday
schools, churches or religious services of any kind or to or from picnics
Or upon special pre-arranged excursions under the auspices of any
school, Sunday school, church or religious organization of any kind or
to motor vehicles (exclusive of motor buses) while used exclusively for
transporting persons to or from schools although not under contract,
provided such motor vehicles are operated in territory not conven-
iently served by a common carrier, or to United States mail carriers
Operating star routes while engaged solely in carrying the mail.

And provided, further, that except as in this proviso set forth,
nothing in this act contained shall apply to persons, partnerships,
associations or corporations, their lessees, trustees or receivers operat-
ing motor vehicles for the carriage of persons employed exclusively in
the conduct of educational or sight-seeing excursions or tours to and
from points of educational and historic interest in the State of Vir-
ginia, that do not solicit or receive patronage along the route; pro-
vided that the rates for such service within the State shall be based
upon a continuous return trip with no provision for one way fares, but
all such persons, partnerships, associations or corporations, their
lessees, trustees or receivers shall be required only to obtain from the
commission a certificate or permit to operate motor vehicles so em-
ployed over the improved public highways of this State which is or
may hereafter be declared to be a part of the State highway system or
any county highway system or the streets of any city or town and to
pay the license fees and charges imposed by section five of this act
upon motor vehicles of like class as those operated by such persons,
partnerships, associations or corporations, their lessees, trustees or
receivers.

Section 3. No motor vehicle carrier shall hereafter operate for the
transportation of persons or property for compensation on any im-
proved public highway until its application as to size, weight and type
of vehicle to be used has first been approved by the State highway
commission nor shall there be any increase in the weight or size of
vehicle licensed or heretofore licensed to operate over the public
highways until such change has been so approved, and without having
obtained from the commission under the provisions of this act a certi-
ficate and paid the license fee herein required. The commission shall
have power to grant six classes of such certificate after application
therefor has been made in writing by the owner of such vehicle upon
blanks provided by the commission and after such hearing as the
commission may deem proper. To the granting of any certificate the
commission shall hear any objection which may be filed thereto with
the commission by any interested party. The said six classes of
certificate shall be respectively designated, certificate A, certificate B,
certificate C, certificate D, certificate E and certificate F.

The commission shall have power to grant a certificate A for
passenger transportation in the following cases: (1) to an applicant
to operate in territory already served by any certificate holder under
this act or any other common carrier when the public convenience and
necessity in such territory are not already being reasonably served by
some other certificate holder or other common carrier, provided such
applicant proposes to operate on a fixed schedule and to comply with
the other provisions contained in this act and the rules and regulations
which may be made by the commission respecting holders of this class
of certificates and, provided, that the existence of a railroad or other
motor vehicle carrier in the territory sought to be served by such
applicant shall not be sufficient cause for the refusal to grant a certi-
ficate but may be considered by the commission as constituting good
cause for limiting the number of vehicles which such applicant may
operate on the route mentioned in his application; provided, however,
that in the event that additional service is needed or required over the
route of any holder of a certificate A or certificate D, said certificate
holder shall be given reasonable time and opportunity to furnish
additional service; (2) to an applicant for a certificate to operate upon
a regular schedule in a territory not already served by a holder of a
certificate A, when public convenience and necessity in such territory
are not being reasonably served by a certificate holder under this act
or other common carrier, provided that where such certificate A is
issued to such applicant over territory which is being served at the
‘ime such certificate is granted by the holder of a certificate B, that
the right of such applicant to operate under certificate A shall not
begin until the expiration of the then license year of the holder of the
-ertificate B, and provided, further, that the existence of a railroad or
9ther motor vehicle carrier in the territory sought to be served by such
applicant shall not be considered by the commission as good cause for
refusing the application.

The commission shall have power to grant a certificate B for
passenger transportation in cases where the applicant does not pro-
pose to regularly operate upon a fixed schedule over a particular route
but only desires to operate over a particular route or routes which are
not already served by a holder of a certificate A, but will only operate
in instances where by his solicitation or otherwise he has procured
passengers to be transported over the route or routes designated in his
application but in the granting of such certificate B the commission
may consider the public convenience and necessity, and whether the
territory proposed to be served is already reasonably served by a com-
mon carrier and if the public convenience and necessity require the
granting of more than one certificate B over such route or routes the
commission may grant additional certificates B, but such certificates
may be revoked by the commission at the end of any license year as
to any particular route or routes if prior to the expiration of such year
the commission has granted over said route a certificate A.

The commission shall have power to grant a certificate C for
passenger transportation only in cases where the applicant does not
propose in any way to solicit the transportation of persons over such
improved public highways nor to operate upon a regular schedule but
who is privately employed for a specific trip and who will not solicit
or receive patronage along the route.

The commission shall have power to grant a certificate F for
passenger transportation in cases where the applicant does not propose
to operate under the requirements of certificate A, B, or C, but who
will engage exclusively in the conduct of educational or sightseeing
tours or excursions and in which case the applicant shall comply with
this act insofar as same is applicable to his operation and shall further
comply with all the rules and regulations of the commission.

In the granting of either a certificate A, certificate B, or certificate
D, the commission may issue same for partial exercise only of the
privilege sought, but without alteration of the license charges fixed
herein.

The commission may at any time by its order duly entered after a
hearing had upon notice to the holder of any certificate hereunder, and
an opportunity to such holdér to be heard, at which it shall be proved
that such holder has wilfully made any misrepresentation of a material
fact in obtaining a certificate, or violated or refused to observe the
laws of this State touching motor vehicle carriers or any of the terms
of his certificate, or any of the commission’s proper orders, rules or
regulations, impose a penalty not exceeding five hundred dollars which
penalties may be collected by the process of the commission as pro-
vided by law, or the commission may suspend, revoke, alter or amend
any certificate issued under the provisions of this act for violations as
above, but the holder of such certificate shall have the right of appeal
to the supreme court of appeals as in other cases of appeals from the
commission; provided, however, that a certificate when once granted
by the commission shall not thereafter be suspended, revoked, altered
or amended for any other cause than stated in this act.

Section 5. Every motor vehicle carrier now operating or which
shall hereafter operate in this State, as soon as such certificate is
issued, and annually on or before each succeeding January first, as
long as such certificate remains in force present same with any changes
which have been made therein by the commission to the motor ve-
hicle commissioner according to the method and provisions prescribed
by law for owners of all other motor vehicles to make an application
in writing for registration and license and state in said application
besides the other matters by law prescribed, the following:

(1) In case of holders of certificate A for passenger vehicles the
seating capacity for passengers of said motor vehicles; the route on
which said motor vehicle is to be used; whether reserve or substitute
Cars are maintained by the applicant to be used only in emergencies,
and if so, the number of such reserve and substitute cars, and a com-
plete description of each, and when in use same to be designated by a
special marker to be furnished by the motor vehicle commissioner ;
the length of route in miles on improved public highways in this State;
the weight of the vehicle when empty, and the schedule under which
it shall operate during the ensuing year, and for all such motor ve-
hicles except reserve or substitute vehicles the following annual fees
shall be paid to the motor vehicle commissioner for license issued by
him; and no additional license fee or license tax shall be charged the
motor vehicle carrier by the State; nor as to holders of certificate A
shall any city or town impose a license fee or license tax on such motor
vehicle carrier for the use of the streets or roads maintained by said
city or town greater than the State license fee or license tax computed
upon a mileage basis; that is to say, computed upon the proportion
that the route over such streets or roads within the corporate limits
of such city or town bears in length to the entire route of such motor
vehicle carriers:

Class A. Motor vehicles weighing less than three thousand
pounds shall each be charged and pay one-fiftieth of one cent per
passenger seat multiplied by the total number of miles that said
application shall show will be traveled by such motor vehicles over the
improved public highways of this State by said motor vehicles during
the year for which said license is issued.

Class B. Motor vehicles weighing over three thousand pounds
and less than eight thousand five hundred pounds shall each be charged
and pay one-fortieth of one cent per each passenger seat, multiplied
by the total number of miles that said application shall show will be
traveled over the improved public highways of this State by said
motor vehicles during the year for which said license is issued.

Class C. Motor vehicles weighing over eight thousand five hun-
dred pounds shall each be charged and pay one-thirtieth of one cent
per each passenger seat, for one-half of the seating capacity, and one-
fortieth of one cent for the remaining one-half of the seating capacity
of such motor vehicle.

The holder of certificate B shall annually pay to the motor vehicle
commissioner for licenses to operate as holder under such certificate
the same amount as hereinbefore required of holders of certificate A,
except that in computing the amount to be paid for such license the
applicant shall estimate the number of miles which his vehicle will
travel during the period for which his license shall issue; provided,
however, that the minimum amount of such estimate shall be twenty
thousand miles.

The holder of certificate C shall pay to the motor vehicle com-
missioner for the privilege of operating under such certificate twenty-
five dollars for each license year in addition to the State license tax,
provided, however, that if the commission shall certify that the holder
of such class C certificate will not be in active competition with the
holder of a class A certificate in territory served by such class A
certificate, then such holder of such class C certificate shall pay to the
motor vehicle commissioner ten dollars for each license year in addition
to the State license tax.

The holder of certificate F shall annually pay to the motor vehicle
commission for license to operate as holder under such certificate the
same amount, and computed upon the same basis as hereinbefore
required of holders of certificate B.

(2) In addition to certificates A, B, C, and F as hereinbefore
described, the commission may grant certificates D and E for property
carrying vehicles over said highways. In case of property carrying
vehicles the applicant for a certificate D shall state in said application,
besides the other matters by law provided, the carrying capacity as
given by manufacturer of such motor vehicles, the route on which said
motor vehicle is to be used, whether reserve or substitute cars are
maintained by the applicant to be used only in emergencies, and if so
the number of such reserve and substitute cars, and a complete de-
scription of each, and when in use same to be designated by a special
marker to be furnished by the motor vehicle commissioner the length
of the route in miles on improved public highways in this State, the
weight of the vehicles when empty, and the schedule under which it
shall operate during the ensuing year, and for all such motor vehicles,
except reserve or substitute vehicles, the following annual fees shall
be paid to the motor vehicle commissioner for license issued by him,
and no other additional license fee or license tax shall be charged the
motor vehicle carrier operating under certificate D by the State; nor
shall any city or town impose a license fee or license tax on such motor
vehicle carrier for the use of the streets or roads maintained by such
city or town greater than the State license fee or license tax computed
upon a mileage basis; that is to say, computed upon the proportion
that the route over such streets or roads within the corporate limits o!
such city or town bears in length to the entire route of such motor
vehicle carrier.

The commission may grant a certificate E for property carrying
vehicles to such applicant or applicants holding themselves out for
private employment only for the transportation of specific loads or
commodities for one person or firm on a single trip, to or from the city,
town or location from which said carrier operates to such other cities,
towns or locations over any improved public highway of the State,
but who will not operate upon a regular schedule, nor solicit nor re-
ceive patronage along the route or between the cities, towns or loca-
tions served by a class D carrier.

Nothing in this section, however, shall prohibit or interfere with
class E carriers while engaged in the transportation of farm or dairy
products exclusively from the farm or dairy to market or shipping
point.

Class X. Motor vehicles with a rated carrying capacity as given
by manufacturer of one and one-half tons or less shall each be charged
and pay one-fifth of one cent per each ton mile based upon said rated
tonnage multiplied by the total number of miles that said application
shall show will be traveled by such motor vehicle over the improved
public highways of this State during the year for which said license is
issued.

Class Y. Motor vehicles with a rated carrying capacity as given
by manufacturer of over one and one-half tons and not over three tons
if equipped with solid tires, and not over four tons if equipped with
pneumatic tires shall each be charged and pay two-fifths of one cent
per ton mile based upon said rated tonnage, multiplied by the total
number of miles that such application shall show will be traveled by
said motor vehicle over the improved public highways of this State
during the year for which said license is issued.

Class Z. Motor vehicles with a rated carrying capacity as given
by manufacturers of over three tons if equipped with solid tires and
over four tons if equipped with pneumatic tires, and not exceeding
five tons if equipped with solid tires nor exceeding six tons if equipped
with pneumatic tires shall each be charged and pay three-fifths of one
cent per each ton mile based upon such rated tonnage, multiplied by
the total number of miles that such application shall show will be
traveled by said motor vehicle over the improved public highways of
this State during the year for which such license is issued; provided,
however, that no motor vehicle shall be licensed to carry loads, in-
cluding its own weight in excess of that provided by law.

That provisions of this act as to motor vehicles carrying property
shall not apply to baggage of passengers being transported by holders
of certificates A, B, or C.

The holder of certificate E shall pay to the motor vehicle com-
missioner for the privilege of operating under such certificate fifty
dollars for each license year in addition to the State license tax.

The minimum fee charged for licenses A, B, C, X, Y, or Z shall in
no case be less than twenty-five dollars each.

Section 6. It shall be the duty of the motor vehicle commissioner
upon the presentation of a certificate from the commission authorizing
the motor vehicle carrier to operate, to furnish the motor vehicle
carrier with a distinguishing plate or marker which, in addition to the
other matters otherwise by law provided to be placed thereon, shall
bear the letter stating the class under which such vehicle shall operate,
such as A, No....... , B, No...-...., C, No....... » X, No....... ;
Y, No....... , Z, No....... and for vehicles operating under certi-
ficate C or E there shall be furnished a distinguishing plate or marker
which in addition to other matters otherwise by law provided to be
placed thereon shall bear a letter, such as H, No...

No motor vehicle carrier holding a certificate A, B, or D shall
change said route or schedule of his motor vehicle during any year for
which the license has been issued without a permit, in writing, from
the commission, a copy of which shall be sent to the motor vehicle
commissioner before said route is changed, whereupon a proper re-
adjustment of charges shall be made upon the basis aforesaid, but
nothing in this act shall be construed to prevent a motor vehicle
carrier from making occasional departures from his regular route or
from replacing in an emergency such vehicles by a substitute vehicle
in order to maintain an approved schedule or in an emergency from
operating temporarily reserve vehicles on its routes for public accom-
modation. The license fee charged under this act shall be on the
basis of the entire year for the remainder of the year expiring on the
thirty-first day of December. In cases of transfer of certificates with
approval of the commission licenses may be transferred to the new
certificate holder upon the payment to the motor vehicle commissioner
sum of five dollars for each transfer, but no portion of the license fee
paid as aforesaid will be refunded for any part of the year during
which said license is not used.

Section 8. Every officer, agent or employee of any corporation,
and every other person who violates or fails to comply with, or who
procures, aids, or abets in the violation of any provision of this act, or
who fails to obey, observe, or comply with any lawful order, decision,
rule or regulation, direction, demand or requirement of the commission
or any part or provision thereof , shall be guilty of a misdemeanor, and
punishable by a fine of not less than fifty dollars ($50.00) nor exceed-
ing five hundred ($500.00) dollars recoverable before any justice of the
peace or court of competent jurisdiction. In addition to such other
departments or officers who are charged with, and whose duty it is to
enforce this act, the commission is hereby vested with authority and
it shall be its duty through its agents and assistants to aid and assist
in the enforcement of this act.