Chap. 129.—An ACT to define motor vehicle carriers and transportation brokers ;
to provide for the regulation, supervision, and control of persons, firms, corpora-
tions, and associations, owning, controlling, operating, or managing motor
vehicles used for the transportation of persons or property for compensation on
the public highways of this State, and of transportation brokers; to provide
for the regulation of the rates thereof; to provide for and/or regulate and/or
control the operation of, and the charges, rates, or services imposed by any
person, firm, or corporation operating motor vehicles for compensation over
the highways of this State; to provide for the enforcement of this act, and for
the punishment of violations thereof; and to repeal chapter 359 of the Acts of
1932, and all statutes and/or acts, or parts of statutes and/or acts, in conflict with
the provisions of this act. [S B 36]

Approved March 9, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. Definitions——Whenever used in this act unless ex-
pressly stated otherwise:
(a) The term “person” means any individual, firm, co-partner-
ship, corporation, company, association or joint-stock association,
and includes any trustee, receiver, assignee, or personal representative
thereof.

(b) The term “commission” means the State Corporation Com-
mission of the Commonwealth of Virginia.

(c) The term “highway” means every public highway or place
of whatever nature open to the use of the public for purposes of
vehicle travel in this State, including the streets and alleys in towns
and cities.

(d) The term “motor vehicle’ means any vehicle, machine, trac-
tor, trailer, or semi-trailer propelled or drawn by mechanical power
and used upon the highways in the transportation of passengers or
property, but does not include any vehicle, locomotive or car operated
exclusively on a rail or rails.

(e) The term “common carrier by motor vehicle’ means any
person who or which undertakes, whether directly or by a lease or
any other arrangement, to transport passengers or property for the
general public by motor vehicle for compensation, whether over reg-
ular or irregular routes, including such motor vehicle operations of
carriers by rail or water, and of express or forwarding companies
under this act.

(f{) The term “restricted common carrier by motor vehicle” means
any person who or which undertakes, whether directly or by a lease
or other arrangement, to transport passengers or property of any
restricted class or classes by motor vehicle for compensation, whether
over regular or irregular routes.

(zg) The term “contract carrier by motor vehicle’ means any
person, not included under paragraphs (e) and (f) of this section,
who or which, under special and individual contracts or agreements,
and whether directly or by a lease or any other arrangement, trans-
ports passengers or property by motor vehicle for compensation.

(h) The term “motor carrier” includes a common carrier by
motor vehicle, a restricted common carrier by motor vehicle, and a
contract carrier by motor vehicle.

(i) The term “broker” means any person not included in the
term “motor carrier’ and not a bona fide employee or agent of any
such carrier, who or which, as principal or agent, sells or offers for
sale any transportation subject to this act, or negotiates for, or holds
himself or itself out by solicitation, advertisement, or otherwise as
one who sells, provides, furnishes, contracts, or arranges for such
transportation.

(j) The “services” and “transportation” to which this act ap-
plies include all vehicles operated by, for, or in the interest of any
motor carrier irrespective of ownership or contract, express or implied,
together with all facilities and property operated or controlled by
any such carrier or carriers and used in the transportation of pas-
sengers or property or in the performance of any service in connec-
tion therewith.
(k) The term “certificate” means a certificate of public conven-
ience and necessity issued by the commission to common carriers by
motor vehicle and restricted common carriers by motor vehicle under ©
this act.

(1) The term “permit” means a permit issued by the commission
to contract carriers by motor vehicle under this act.

(m) The term “warrant” means the warrant issued by the com-
mission for each motor vehicle under this act.

Section 2. This act shall not be construed to include:

(a) Motor vehicles employed solely in transporting school chil-
dren and teachers.

(b) Taxicabs, or other motor vehicles performing a bona fide
taxicab service, having a capacity of not more than six passengers
and not operated on a regular route or between fixed termini;

(c) Motor vehicles owned or operated by or on behalf of hotels
while used exclusively for the transportation of hotel patronage be-
tween hotels and local railroad or other common carrier stations;

(d) Motor vehicles owned and operated by the United States,
District of Columbia or any state, or any municipality or any other
political subdivision of this State;

(e) Motor vehicles controlled and operated by any farmer, or
group of farmers, while used in the transportation of his or their
agricultural commodities and products thereof, or in the transporta-
tion of supplies to his or their farm or farms.

(f{) Motor vehicles controlled and operated by a bona fide co-
operative association as defined in the Federal Agricultural Market-
ing Act, approved June fifteenth, nineteen hundred and twenty-nine,
as amended, or organized or existing under the State Cooperative
Marketing Act (Virginia, nineteen hundred and twenty-two), as
amended, while used exclusively in the conduct of the business of
such association.

(¢) Trolley buses operated by electric power derived from a
fixed overhead wire, furnishing local passenger transportation similar
to street railway service;

(h) Motor vehicles while used exclusively in carrying livestock,
poultry, poultry products, buttermilk, fresh milk and cream, meats,
butter and cheese produced on the farm, fish (including shell-fish),
horticultural or agricultural commodities (not including manufac-
tured products thereof), and forest products, including lumber (but
not including manufactured products thereof), or in the transporta-
tion of farm supplies being delivered to a farm or farms;

(i) Motor vehicles while used exclusively in the distribution of
newspapers ;

(j) Motor vehicles while engaged in hauling for the State De-
partment of Highways.

Section 3. No motor carrier, as defined herein, not herein ex-
empted, shall operate any motor vehicle for the transportation of
passengers or property for compensation on any highway in this
State except in accordance with the provisions of this act, and every
such motor carrier is hereby declared to be subject to control, super-
vision and regulation by the commission. Nothing in this act shall
confer any proprietary or property rights in the use of the public
highways.

Section 4, The commission shall have the power and be charged
with the duty of supervising, regulating and controlling all motor
carriers not herein exempted, doing business in this State, in all mat-
ters relating to the performance of their public duties and their
charges therefor, and of correcting abuses therein by such motor car-
riers; and to that end the commission shall, from time to time, pre-
scribe reasonable rules, regulations, forms and reports for such motor
carriers in furtherance of the administration and operation of this
act; and the commission shall have the right at all times to require
from such motor carriers special reports and statements, under oath,
concerning their business; and shall, from time to time, make and
enforce such requirements, rules and regulations as may be necessary
to prevent unjust or unreasonable discriminations by any motor car-
rier in favor of, or against, any person, locality, community or
connecting carrier in the matter of service, schedule, efficiency of
transportation or otherwise, in connection with the public duties of
such motor carrier; and the commission shall have power and it shall
be its duty to administer and enforce all provisions of this act, and
to prescribe reasonable rules, regulations and procedure looking to
that end; provided, however, that the commission shall not have the
power to regulate or control the rates and charges of contract car-
riers by motor vehicle and it shall not require any reports from, such
carriers with respect thereto; and

Before the commission shall prescribe or fix any rate, charge, or
classification of traffic, and before it shall make any order, rule, reg-
ulation or requirement directed against any one or more motor car-
riers by name, the motor carrier or motor carriers to be affected by
such rate, charge, classification, order, rule, regulation or require-
ment shall first be given, by the commission at least ten days’ notice
of the time and place when and where the contemplated action in the
premises will be considered and disposed of, and shall be afforded a
reasonable opportunity to introduce evidence and to be heard thereon,
to the end that justice may be done, and shall have process to enforce
the attendance of witnesses; and before the commission shall make
or prescribe any general order, rule, regulation or requirement, not
directed against any specific motor carrier or motor carriers by name,
the contemplated general order, rule, regulation or requirement shall
first be published in substance, not less than once a week for four
consecutive weeks in one or more of the newspapers of general cir-
culation published in the city of Richmond, Virginia, together with
notice of the time and place when and where the commission will hear
any objections which may be urged by any persons interested, against
the proposed order, rule, regulation or requirement; and every such
general order, rule, regulation or requirement made by the commission
shall be published at length in the final form approved and adopted
by the commission, for the time and in the manner above specified,
before it shall go into effect, and shall also, as long as it remains in
force, be published in each subsequent annual report of the commis-
sion; and,

The commission shall also have the power and be charged with
the duty to regulate brokers and to make and enforce reasonable re-
quirements respecting their licenses, financial responsibility, accounts,
records, reports, operations and practices.

Section 5. No member of the commission, nor any employee of
the commission appointed or employed in the administration of this
act shall in any manner have pecuniary interest in, own any securities
of, or hold any position with any motor carrier, railroad, steamboat
or canal company,

Section 6. (a) No common carrier by motor vehicle or restricted
common carrier by motor vehicle not herein exempted shall engage in
intrastate operation on any highway within the State without first
having obtained from the commission a certificate of public conven-
ience and necessity authorizing such operation, and a statement of the
State highway commission that the law applicable to the proposed
route or routes has been complied with as to size, weight, and type
of vehicles to be used, and like statement as to any increase in size,
weight, and type of any vehicles proposed to be operated by the ap-
plicant after such application is granted.

(b) The commission shall prescribe the form of the application
for a certificate of convenience and necessity, and such reasonable
requirements as to notices, publication, proof of service and informa-
tion as may in its judgment be necessary.

(c) Upon the filing of an application for a certificate of public
convenience and necessity, the commission shall, within a reasonable
time, fix a time and place of hearing of such application. If the
commission shall find the proposed operation justified it shall issue
a certificate to the applicant, subject to such terms, limitations and
restrictions as the commission may deem proper. If the com-
mission shall find the proposed operation not justified, the applica-
tion shall be denied. No certificate shall be granted to an applicant
proposing to operate over the route of any holder of a certificate
when the public convenience and necessity with respect to such route
is being adequately served by such certificate holder; and no certif-
icate shall be granted to an applicant proposing to operate over the
route of any holder of a certificate unless and until it shall be proved
to the satisfaction of the commission that the service rendered by
such certificate holder, over the said route, is inadequate to the public
needs; and if the commission shall be of opinion that the service
rendered by such certificate holder over the said route is in any respect
inadequate to the public needs, such certificate holder shall be given
reasonable time and opportunity to remedy such inadequacy before
any certificate shall be granted to an applicant proposing to operate
over such route.

(d) In determining whether the certificate required by this act
shall be granted the commission may among other things, consider
the present transportation facilities over the proposed route of the
applicant, the volume of traffic over such route, the financial condi-
tion of the applicant, and the condition of the highway over the pro-
posed route or routes.

(e) A common carrier by motor vehicle, or a restricted common
carrier by motor vehicle, operating under a certificate issued by the
commission may occasionally deviate from the route over which it is
authorized to operate under the certificate, under such general or spec-
ial rules and regulations as the commission may prescribe.

({) A certificate for the transportation of passengers may include
authority to transport in the same vehicle with passengers the bag-
gage of such passengers, newspapers, express parcels not exceeding
two hundred pounds aggregate weight carried in any one vehicle, or
United States mail, when authorized so to do by the Government of
the United States of America; or to transport baggage of passengers
in a separate vehicle.

(g) Any common carrier by motor vehicle transporting passen-
gers under a certificate issued by the commission may operate to any
place special or chartered parties under such reasonable rules and
regulations as the commission may prescribe.

(h) A common carrier by motor vehicle or a restricted common
carrier by motor vehicle operating under a certificate issued by the
commission shall not make any change in schedules or service
without having first received the approval of the commission for such
change in schedules or service.

(i) Nothing in this section shall adversely affect the rights of
any person holding a certificate issued by this commission prior to
the effective date of this act and in force on such date, or the rights
of any person whose application for a certificate of public convenience
and necessity has been filed with the commission prior to the effective
date of this act; and set for hearing on a day following the effective
date of this act; and every certificate of public convenience and neces-
sity issued by the commission prior to the effective date of this act
shall be and continue in full force and effect until suspended, altered,
cancelled or revoked in the manner provided for herein.

Section 7. (a) No person shall operate or engage in the business
of a contract carrier, except as herein provided by motor vehicle intra-
state on any highway within the State unless such person has secured
from the commission a permit authoring such operation or to engage
in such business,

(b) Any person desiring a permit under this act shall file with
the Commission an application in the form prescribed by the commis-
sion, which application shall contain a promise of compliance by the
applicant with the provisions of this act and with the lawful rules
and regulations of the commission governing the operations of con-
tract carriers by motor vehicle upon the highways of the State of
Virginia; which application may be filed with the commission by the
applicant in person or transmitted by registered mail; and upon satis-
fying the commission that the provisions of this act and the lawful
rules and regulations of the commission adopted pursuant hereto,
which are prerequisite to the granting of a permit, have been com-
plied with, the commission shall issue such permit to such applicant
without further proceedings.

(d) Any person who was in operation and was engaged in the
business of transporting property over the highways of this State by
motor vehicle for compensation under bona fide contracts and who
held a TH tag issued by the Director, Division of Motor Vehicles of
Virginia, for each motor vehicle engaged in such operation or busi-
ness on December first, nineteen hundred and thirty-five, shall be is-
sued a permit by the commission for such vehicles and such additional
vehicles as may be required in his operations from time to time, with-
out further proceedings, if application for such permit is made to the
commission within sixty days from the effective date of this act or
within such additional time, not to exceed an additional ninety days
as the commission may prescribe.

If application is made for a permit under this section, the ap-
plicant may continue his operations for a period not to exceed sixty
days from the effective date of this act, or postponed effective date
of this section, without a permit from the commission but shall not
thereafter operate unless and until a proper permit authorizing such
operation has been issued by the commission.

(e) A contract carrier of property may transport on any one mo-
tor vehicle over any highway of this State, outside of the corporate
limits of any city or town, property of not more than two consignors
at the same time, and for purposes of this section the word “consign-
ors” means the bona fide owner of the property transported at the
time of shipment, who thas made the contract of shipment with
the carrier. This limitation shall not apply if the property is trans-
ported within the corporate limits of a city or town.

Section 8. The commission may by a written order authorize the
transportation of both passengers and property in the same vehicle;
provided, that the route over which such transportation is proposed
is not being served by any other common carrier, and that the service
proposed is at least two miles from the route served by any such
carrier. The commission may in its written order of authorization
authorize such service for a limited period, and at the expiration of
such authority, may extend it for other definite periods. All the other
requirements of this act as to insurance, rules and i ern apply
hereto.

Section 9. (a) No person shall for compensation salt or offer
for sale transportation subject to this act or shall make any contract,
agreement, or arrangement to provide, procure, furnish, or arrange
for such transportation or shall hold himself or itself out by advertise-
ment, solicitation, or otherwise as one who sells, provides, procures,
contracts, or arranges for such transportation, unless such person
holds a broker’s license issued by the commission to engage in such
transactions; provided, however, that no such persons shall engage
in transportation subject to this act unless he holds a certificate or
permit as provided in this act. In the execution of any contract, agree-
ment, or arrangement to sell, provide, procure, furnish, or arrange for
such transportation, it shall be unlawful for such person to employ any
carrier by motor vehicle who or which is not the lawful holder of an ef-
fective certificate or permit issued as provided in this act ; and provided,
further, that the provisions of this paragraph shall not apply to any
carrier holding a certificate or permit under the provisions of this
act or to any bona fide employee or agent of such motor carrier, so
far as concerns transportation to be furnished wholly by such carrier
or jointly with other motor carriers holding like certificates or per-
mits, or with a common carrier by railroad, express or water.

(b) The commission shall prescribe the form of application and
such reasonable requirements and information as may in its judgment
be necessary.

(c) Upon the filing of an application for a license the commis-
sion may fix a time and place for the hearing of the application and
require such notices, publication, or other service in its discretion nec-
essary. If the commission finds the application proper and in the pub-
lic interest it shall issue a license, subject to such terms, limitations
and restrictions as the commission may deem proper.

(d) The commission shall have the same authority over persons
operating under and holding a brokerage license as it has over motor
carriers under this act, and shall require a broker to furnish bond or
other security approved by the commission and sufficient for the pro-
tection of travelers or shippers by motor vehicle.

Section 10, Certificates, permits and licenses shall be effective
from the dates specified therein and shall remain in effect until term-
inated as herein provided. The commission may at any time, by its
order duly entered after hearing had upon notice to the holder of
any certificate, permit or license hereunder, and an opportunity to
such holder to be heard, at which it shall be proved that such holder
has wilfully made any misrepresentation of a material fact in obtain-
ing such certificate, permit or license, or has wilfully violated or re-
fused to observe the laws of this State touching such certificate, per-
mit or license, or any of the terms of his certificate, permit or license,
or any of the commission’s proper orders, rules or regulations, im-
pose a penalty not exceeding one thousand dollars, which may be col-
lected by the process of the commission as provided by law, or the
commission may suspend, revoke, alter or amend any such certificate,
permit or license for any violations as set forth above; provided,
however, that no such certificate, permit or license shall be revoked,
altered or amended (except upon application of the holder thereof)
unless the holder thereof shall wilfully fail to comply, within a reason-
able time, to be fixed by the commission, with a lawful order of the
commission or with a lawful rule or regulation of the commission, or
with any term, condition or limitation of such certificate, permit or
license, found by the commission to have been violated by such holder.
Proceedings looking to the imposition of any penalty provided for
herein may be commenced upon the complaint of any person or upon
the commission’s own initiative. No certificate, permit or license,
in force when this act shall take effect, or hereafter issued, shall be
suspended, revoked, altered or amended for any cause not stated in
this section. From any order of the commission suspending, revoking,
altering or amending any certificate, permit or license, the holder
thereof shall have the right of appeal to the Supreme Court of Ap-
peals of Virginia, as a matter of right, as in other cases of appeals
from the commission.

Section 11. Any certificate, permit, or license may be transferred
or leased subject to the approval of the commission, and under such
reasonable rules and regulations as may be prescribed by the com-
mission. The application shall be made jointly by the transferor and
transferee, seller and purchaser, or assignor and assignee, lessor or
lessee.

Section 12. (a) No certificate or permit shall be issued by the
commission to any motor carrier until and after such motor carrier
shall have filed with, and the same has been approved by, the com-
mission, an insurance policy or bond in some insurance company orf
association or other insurer authorized to transact business in this
State, or bonds to an amount approved by the commission of the
State of Virginia, the United States of America, or of any munic-
ipality in the State of Virgina, which State, federal or municipal bonds
shall be deposited with the treasurer of the State of Virginia, and
such surety shall not be reduced during the life of such certificate or
permit, except in accordance with an order of the State Corporation
Commission.

(b) Each holder of a certificate or permit issued by the commis-
sion shall keep in force at all times insurance, bond or bonds, in an
amount required by the commission; provided, however, that the
amount of the insurance policy or bond required by the commission
under this section of any motor vehicle used in the transportation of
property alone shall in no case exceed the following: five thousand dol-
lars for death or injury to any one person; ten thousand dollars total
public liability for any one accident; property damage, one thousand
dollars; and cargo liability, for three tons and under five hundred
dollars, and for more than three tons, one thousand dollars.

(c) Each holder of a certificate or permit issued by the commis-
sion shall keep on file with the commission, insurance policy or bond
in some insurance company or association or other insurer authorized
to transact business in this State, and said insurance or bond filed
with the commission shall be kept in full force at all times, and said
insurance policy or bond shall remain in the files of the commission
six months after the certificate or permit is cancelled for any cause.
If federal, State or municipal bonds are deposited with the treasurer
of the State in lieu thereof, said bonds shall remain so deposited until
six months after the certificate or permit is cancelled for any cause,
unless otherwise ordered by the State Corporation Commission.

(d) Each motor carrier holding certificate or permit from and
operating under the authority of the Interstate Commerce Commis-
sion, and such operation is on the highways to, from, within, or
through the State of Virginia, shall file and keep on file with the
commission a duplicate-original insurance policy, bond or surety or
security as required by the Interstate Commerce Commission.

(e) The insurance bond, or other security, whether the certificate
or permit is issued by and under the authority of the commission, or
issued by and under the authority of the Interstate Commerce Com-
mission, shall obligate the insurer or surety to pay any final judg-
ment for damages sustained by the passengers, shippers or consignees
for injury to passenger or passengers or for loss or damage to prop-
erty entrusted to such motor carrier, and for any and all injuries
to persons and loss of or damage to property resulting from the negli-
gent operation of any motor vehicle while operating in this State.

(f) Nothing in this act shall relieve any holders of certificate
or permit issued by and under the authority of the commission, or
issued by and under the authority of the Interstate Commerce Com-
mission, from any liability resulting from his or its negligence in this
State, whether or not it has complied with the requirements of this
section, or any of its sub-sections.

(g) Failure of any holder of a certificate or permit issued by
and under the authority of the commission to comply with any of the
requirements of this section, shall be cause for the revocation or sus-
pension of the certificate or permit, or a fine not exceeding one thous-
and dollars. Failure of any holder of a certificate or permit issued
by and under the authority of the Interstate Commerce Commission
to keep on file with this commission duplicate-original insurance or
other surety shall be cause for prohibition of the use by such certifi-
cate or permit holder of any highway in the State, or a fine not to
exceed one thousand dollars,

Section 13. (a) It shall be the duty of every common carrier
or restricted common carrier of passengers by motor vehicle to estab-
lish reasonable through routes with other such common carriers and
to provide safe and adequate service, equipment, and facilities for the
transportation of passengers; to establish, observe, and enforce just
and reasonable individual and joint rates, fares and charges and just
and reasonable regulations and practices relating thereto, and to the
issuance, form, and substance of tickets, the carrying of personal,
sample, and excess baggage, the facilities for transportation, and all
other matters relating to or connected with the transportation of pas-
sengers ; and in case of such joint rates, fares, and charges, to estab-
lish just, reasonable and equitable divisions thereof as between the
carriers participating therein which shall not unduly prefer or preju-
dice any of such participating carriers.

(b) It shall be the duty of every common carrier or restricted
common carrier of property by motor vehicle to provide safe and
adequate service, equipment, and facilities for the transportation of
property ; to establish, observe, and enforce just and reasonable rates,
charges, and classifications, and just and reasonable regulations and
practices relating thereto and to the manner and method of pre-
senting, marking, packing, and delivering property for transportation,
the facilities for transportation, and all other matters relating to or
connected with the transportation of property.

(c) Common carriers or restricted common carriers of property
by motor vehicle may establish reasonable through routes and joint
rates, charges, and classifications with other such carriers or with
common carriers by railroad and/or express and/or water; and com-
mon carriers or restricted common carriers of passengers by motor
vehicle may establish reasonable through routes and joint rates, fares,
or charges with common carriers by railroad and/or water. In case
of such joint rates, fares, or charges it shall be the duty of the car-
riers parties thereto to establish just and reasonable regulations and
practices in connection therewith, and just, reasonable, and equitable
divisions thereof as between the carriers participating therein which
shall not unduly prefer or prejudice any of such participating car-
riers,

(d) It shall be unlawful for any common carrier or restricted
common carrier by motor vehicle to make, give, or cause any undue
or unreasonable preference or advantage to any particular person,
port, gateway, locality, or description of traffic in any respect what-
soever, or to subject any particular persons, port, gateway, locality,
or description of traffic to any unjust discrimination or any undue or
unreasonable prejudice or disadvantage in any respect whatsoever ;
provided, however, that this paragraph shall not be construed to apply
to discriminations, prejudice or disadvantage to the traffic of any
other carrier of whatever description.

(e) Any person, State board, organization, or body politic may
make complaint in writing to the commission that any such rate, fare,
charge, classification, rule, regulation, or practice, in effect or pro-
posed to be put into effect, is or will be in violation of this section or
of section fourteen. Whenever, after hearing, upon complaint or in
an investigation on its own initiative, the commission shall be of the
opinion that any individual or joint rate, fare, or charge, demanded,
charged, or collected by any common or restricted common carrier
or carriers by motor vehicle or by any common or restricted common
carrier or carriers by motor vehicle in conjunction with any common
carrier or carriers by railroad and/or express, and/or water, or any
classification, rule, regulation, or practice whatsoever of such carrier
or carriers affecting such rate, fare, or charge or the value of the
service thereunder, is or will be unjust or unreasonable, or unjustly
discriminatory or unduly preferential or unduly prejudicial, it shall
determine and prescribe the lawful rate, fare, or charge or the max-
imum or minimum, or maximum and minimum rate, fare, or charge
thereafter to be observed, or the lawful classification, rule, regulation,
or practice thereafter to be made effective and the commission shall,
whenever deemed by it to be necessary or desirable in the public in-
terest, after hearing, upon complaint or upon its own initiative without
a complaint, establish through routes, and joint rates, fares, charges,
regulations, or practices, applicable to the transportation of passengers
by common or restricted common carriers by motor vehicle, or the
maxima or minima, or maxima and minima, to be charged, and the
terms and conditions under which such through routes shall be operated.

(f{) Whenever, after hearing, upon complaint or upon its own
initiative, the commission is of opinion that the divisions of joint rates,
fares, or charges, applicable to the transportation of passengers or
property by common or restricted common carriers by motor vehicle
or by such carriers in conjunction with common carriers by railroad
and/or express, and/or water are or will be unjust, unreasonable, in-
equitable, or unduly preferential or prejudicial as between the carriers
parties thereto (whether agreed upon by such carriers, or any of
them, or otherwise established), the commission shall by order pre-
scribe the just, reasonable, and equitable divisions thereof to be re-
ceived by the several carriers, and in cases where the joint rate, fare,
or charge was established pursuant to a finding or order of the com-
mission and the divisions thereof are found by it to have been unjust,
unreasonable, or inequitable, or unduly preferential or prejudicial, the
commission may also by order determine what would have been the
just, reasonable, and equitable divisions thereof to be received by
the several carriers, and require, adjustment to be made in accord-
ance therewith. The order of the commission may require the ad-
justment of divisions between the carriers, in accordance with the
order, from the date of filing the complaint or entry of order of in-
vestigation or such other date subsequent as the commission finds
justified and, in the case of joint rates prescribed by the commission,
the order as to divisions may be made effective as a part of the original
order.

(g) Whenever there shall be filed with the commission any
schedule stating a new individual or joint rate, fare, charge, or classifi-
cation for the transportation of passengers or property by a common
or restricted common carrier or carriers by motor vehicle, or by any
such carrier or carriers in conjunction with a common carrier or car-
riers by railroad and/or express, and/or water, or any rule, regula-
tion, or practice affecting such rate, fare, or charge, or the value of
the service thereunder, the commission is hereby authorized and em-
powered upon complaint of any interested party or upon its own initi-
ative, if it so orders, without answer or other formal pleading by the
interested carrier or carriers, but upon reasonable notice, to enter upon
a hearing concerning the lawfulness of such rate, fare, or charge, or
such rule, regulation, or practice, and pending such hearing and the
decision thereon the commission, by filing with such schedule and
delivering to the carrier or carriers affected thereby a statement in
writing of its reasons for such suspension, may suspend the operation
of such schedule and defer the use of such rate, fare, or charge, or
such rule, regulation, or practice, for a period of ninety days and if
the proceeding has not been concluded and a final order made within
such period the commission may, from time to time, extend the period
of suspension by order, but not for a longer period in the aggregate
than one hundred and eighty days beyond the time when it would
otherwise go into effect; and after hearing, whether completed be-
fore or after the rate, fare, charge, classification, rule, regulation, or
practice goes into effect, the commission may make such order with
reference thereto as would be proper in a proceeding instituted after
it had become effective. If the proceeding has not been concluded and
an order made within the period of suspension, the proposed change
of rate, fare or charge, or classification, rule, regulation, or practice,
shall go into effect at the end of such period; provided, that this para-
graph shall not apply to any initial schedule or schedules filed by
any such carrier in bona fide operation when this section takes effect.

(h) In any proceeding to determine the justness or reasonableness
of any rate, fare, or charge of any such carrier, there shall not be
taken into consideration or allowed as evidence or elements of value
of the property of such carrier, either good will, earning power, or
the certificate under which such carrier is operating; and in applying
for and receiving a certificate under this act any such carrier shall
be deemed to have agreed to the provisions of this paragraph, on its
own behalf and on behalf of all transferees or lessees of such certifi-
cate.

(i) In the exercise of its power to prescribe just and reasonable
rates for the transportation of passengers or property by common or
restricted common carriers by motor vehicle the commission shall give
due consideration, among other factors, to the inherent advantages
of transportation by such carriers to the effect of rates upon the
movement of traffic by such carriers; to the need, in the public in-
terest, of adequate and efficient transportation service by such carriers
at the lowest cost consistent with the furnishing of such service; and
to the need of revenues sufficient to enable such carriers, under honest,
economical, and efficient management, to provide such service.

(j) Nothing in this section shall be held to extinguish any remedy
or right of action not inconsistent herewith.

Section 14. (a) Every common carrier and restricted common
carrier by motor vehicle shall file with the commission, and print, and
keep open to the public inspection, tariffs showing all the rates, fares
and charges for transportation, and all services in connection. there-
with, of passengers or property between points on its own route and
between points on its own route and points on the route of any other
such carrier, or on the route of any common carrier by railroad and/or
express and/or water, when a through route and joint rate shall have
been established. Such rates, fares, and charges shall be stated in
terms of lawful money of the United States. The tariffs required by
this section shall be published, filed, and posted in such form and
manner, and shall contain such information, as the commission by
regulations shall prescribe; and the commission is authorized to re-
ject any tariff filed with it which is not in consonance with this sec-
tion and with such regulations. Any tariff so rejected by the commis-
sion shall be void and its use shall be unlawful.

(b) No common carrier or restricted common carrier by motor
vehicle shall charge or demand or collect or receive a greater or less
or different compensation for transportation or for any service in con-
nection therewith between the points enumerated in such tariff than
the rates, fares, and charges specified in the tariffs in effect at the
time ; and no such carrier shall refund or remit in any manner or by
any device, directly or indirectly, or through any agent or broker or
otherwise, any portion of the rates, fares, or charges so specified, or
extend to any person any privileges or facilities for transportation
except such as are specified in its tariffs.

(c) No change shall be made in any rate, fare, charge, or classifi-
cation, or any rule, regulation, or practice affecting such rate, fare,
charge, or classification, or the value of the service thereunder,
specified in any effective tariff of a common carrier or re-
stricted common carrier by motor vehicle, except after thirty
days’ notice of the proposed change, filed and posted in ac-
cordance with paragraph (a) of this section. Such notice shall
plainly state the change proposed to be made and the time
when such change will take effect. The commission may, in its dis-
cretion and for good cause shown, allow such change upon notice less
than that herein specified or modify the requirements of this section
with respect to posting and filing of tariffs either in particular in-
stances or by general order applicable to special or peculiar circum-
stances or conditions. .

(d) No common carrier or restricted common carrier by motor
vehicle, unless otherwise provided by this act, shall engage in the
transportation of passengers or property unless the rates, fares, and
charges upon which the same are transported by said carrier have
been filed and published in accordance with the provisions of this
act.

Section 15. (a) All motor carriers operating in this State shall
furnish to the members and officers of the State Corporation Com-
mission for their personal use while in office free transportation within
this State and shall, on the order of the commission, attested by its
clerk, or on any order signed by any member of the commission,
furnish free transportation to the employees of the commission when
traveling on official business, and the order for such transportation
shall show that the same is desired for official business.

(b) No motor carrier subject to the provisions of this act, shall,
directly or indirectly, issue or give any free ticket, free pass or free
transportation for passengers, but nothing in this section shall apply
to the carriage, storage or handling of property free or at reduced
rates, when such rates have been authorized or prescribed by the
commission for the United States, State or municipal governments,
or for charitable purposes, or to or from fairs and expositions for
exhibition thereat, or the free carriage of homeless and destitute per-
sons, and the necessary agents employed in such transportation, or
to mileage, excursion, or commutation passenger tickets, or to per-
sons in charge of livestock being shipped from the point of shipment
to the point of destination and return; nor shall anything in this
section be construed to prohibit any motor carrier from giving re-
duced rates to ministers of religion, or regular traveling secretaries
of the Young Men’s Christian Association or Young Women’s Chris-
tian Association, whose duties require regular travel in supervising
and directing Young Men’s Christian or Young Women’s Chris-
tian Association work; secretaries of duly organized religious
work, or to indigent persons, or to inmates of the Confederate homes
or State homes for disabled soldiers and sailors, or to disabled sol-
diers and sailors, including those about to enter, and those returning
home after discharge, or carrying the same free; nor from giving
free carriage to its own officers, employees, and members of their
families, representatives of the press and members of the State High-
way Police or to any other person or persons to whom the giving
of such free carriage is not prohibited by the Constitution of Vir-
ginia, or to prevent the principal officers of any motor carrier from
exchanging passes or tickets with other motor carriers or any rail,
steamship, or electric railway companies for their officers, employees
and members of their families, nor from giving or furnishing free
transportation to the persons specified in subsection (a) of this sec-
tion and as provided for in said subsection.

Section 16. It shall be the duty of the manager, agent, or other
proper officer of every motor carrier doing business or operating
in this State to make to the commission such report or reports as
may be required by it, under oath, of all accidents resulting in in-
jury to persons, equipment, highway or property of any kind, under
such rules and regulations as may be prescribed by the commission.

Section 17. The enforcement of any provision of this act re-
quiring the use of police officers shall be under the Director, Division
of Motor Vehicles of Virginia.

Section 18. Passenger motor carriers shall keep all waiting rooms,
rest rooms and other public facilities in good and sanitary condi-
tion, and the commission shall have the right to inspect all wait-
ing rooms, rest rooms or other public facilities at any time, and
after inspection may require such changes as the commission may
deem proper.

The commission may require the establishment by passenger
motor carriers of separate waiting rooms at stations or depots for
the white and colored races.

Section 19. (a) Every person operating a motor vehicle under
this act on any highway of this State, shall secure from the
commission a warrant for each vehicle so operated, and such war-
rant shall properly and adequately describe the vehicle for which it
is issued, under the form to be prescribed by the commission.

(b) Upon a transfer of the operation of any such motor vehicle,
the commission shall be notified, and a new warrant issued in the
name of the operator or owner of such motor vehicle.

(c) Upon the purchase or lease of any motor vehicle for opera-
tion on a highway of the State, the purchaser or proposed operator
of such motor vehicle shall secure a warrant from the commission
for such motor vehicle.

(d) The commission may assess a fee of not exceeding fifty (50)
cents for each warrant issued by it, except in the case of a transfer
of warrant no fee shall be exacted.

(e) The warrant issued by the commission shall be carried at
all times in a conspicuous place on the motor vehicle for which it is
issued.

({) All fees or sums collected by the commission under the pro-
visions of this section shall be deposited with the Treasurer of the
State of Virginia, and shall be set aside by him for the use by the
commission for the administration and enforcement of this act.

Section 20. (a) The commission is hereby authorized to require
annual, periodical, or special reports from all motor carriers except
those herein exempted, to prescribe the manner and form in which
such reports shall be made, and to require from such carriers specific
answers to all questions upon which the commission may deem in-
formation to be necessary. Such reports shall be under oath when-
ever the commission so requires, The commission may also require
any motor carrier to file with it a true copy of each or any contract,
agreement, or arrangement between such carrier and any other car-
rier or person in relation to any traffic affected by the provisions of
this act.

(b) The commission may, in its discretion, prescribe the forms
of any and all accounts, records, and memoranda to be kept by com-
mon carriers and restricted common carriers by motor vehicle and
the length of time such accounts, records, and memoranda shall be
preserved, including the accounts, records, and memoranda of the
movement of traffic, as well as of the receipts and expenditures of
money. The commission or its employees shall at all times have
access to all lands, buildings, or equipment of motor carriers used
in connection with their operation and also all accounts, records, and
memoranda, including all documents, papers, and correspondence
now or hereafter existing, and kept, or required to be kept, by motor
carriers. The commission and its employees shall have authority
to inspect and examine any and all such lands, buildings, equipment,
accounts, records, and memoranda, including all documents, papers,
and correspondence now or hereafter existing and kept or required
to be kept by such carriers. This provision shall apply to receiv-
ers of carriers and to operating trustees and, to the extent deemed
necessary by the commission, to persons having control, direct or
indirect, over or affiliated with any motor carrier.

(c) As used in this section the term “motor carriers” includes
brokers.

Section 21. (a) Any person knowingly and wilfully violating
any provision of this act, or any rule, regulation, requirement, or
order thereunder, or any term or condition of any certificate, permit,
or license, for which a penalty is not otherwise herein provided,
shall, upon conviction thereof, be fined not more than one hundred
dollars for the first offense and not more than five hundred dollars
for any subsequent offense. Each day of such violation shall con-
stitute a separate offense.

(b) Any person, whether carrier, shipper, consignee, or broker,
or any officer, employee, agent, or representative thereof, who shall
knowingly offer, grant, or give, or solicit, accept, or receive any re-
bate, concession, or discrimination in violation of any provision of
this act, or who by means of any false statement or representation, or
by the use of any false or fictitious bill, bill of lading, receipt, voucher,
roll, account, claim, certificate, affidavit, deposition, lease, or bill of
sale, or by any other means or device, shall knowingly and wilfully
assist, suffer or permit any person or persons, natural or artificial,
to obtain transportation of passengers or property subject to this
act for less than the applicable rate, fare, or charge, or who shall
knowingly and wilfully by any such means or otherwise fraudulently
seek to evade or defeat regulation as in this act provided for motor
carriers or brokers, shall be deemed guilty of a misdemeanor and
upon conviction thereof be fined not more than five hundred dollars
for the first offense and not more than two thousand dollars for any
subsequent offense.

(c) It shall be unlawful for any motor carrier or broker or any
officer, receiver, trustee, lessee, agent, or employee of such carrier,
broker, or person, or for any other person authorized by such carrier,
broker, or person to receive information, knowingly to disclose
to, or permit to be acquired by any person other than the shipper
or consignee without the consent of such shipper or consignee, any
information concerning the nature, kind, quantity, destination, con-
signee, or routing of any property tendered or delivered to such motor
carrier or broker for such transportation, which information may be
used to the detriment or prejudice of such shipper or consignee, or
which may improperly disclose his business transactions to a com-
petitor; and it shall also be unlawful for any person to solicit or
knowingly receive any such information which may be so used.

(d) Nothing in this act shall be construed to prevent the giv-
ing of such information in response to any legal process issued under
the authority of any court, or to any officer or agent of the govern-
ment of the United States or of any State, territory, or district thereof,
in the exercise of his power, or to any officer or other duly authorized
person seeking such information for the prosecution of persons
charged with or suspected of crimes or to another carrier or broker,
or its duly authorized agent, for the purpose of adjusting mutual
traffic accounts in the ordinary course of business of such carriers
or brokers.

(e) Any motor carrier, or broker, or any officer, agent, employee,
or representative thereof who shall wilfully fail or refuse to make
a report to the commission as required by this act, or to keep ac-
counts, records, and memoranda in the form and manner approved
or prescribed by the commission, or shall knowingly and wilfully
falsify destroy, mutilate, or alter any such report, account, record,
or memorandum, or shall knowingly and wilfully file any false re-
port, account, record or memorandum, shall be deemed guilty of a
misdemeanor and upon conviction thereof be subject for each offense
to a fine of not less than one hundred dollars and not more than five
thousand dollars.

Section 22. No common carrier or restricted common carrier
by motor vehicle shall deliver or relinquish possession at destina-
tion of any freight transported by it until all tariff rates and charges
thereon have been paid, except under such rules and regulations
as the commission may from time to time prescribe to govern the
settlement of all such rates and charges, including rules and regula-
tions for weekly or monthly settlement, and to prevent unjust dis-
crimination or undue preference or prejudice; provided, that, the
provisions of this paragraph shall not be construed to prohibit any
such carrier from extending credit in connection with rates and
charges on freight transported for the United States, for any depart-
ment, bureau, or agency thereof, or for any State or territory or
political subdivision thereof, or for the District of Columbia. Where
any common carrier by motor vehicle is instructed by a shipper or
consignor to deliver property transported by such carrier to a con-
signee other than the shipper or consignor, such consignee shall
not be legally liable for transportation charges in respect of the
transportation of such property (beyond those billed against
him at the time of delivery for which he is otherwise liable)
which may be found to be due after the property has been
delivered to him, if the consignee (a) is an agent only and
had no beneficial title in the property, and (b) prior to de-
livery of the property has notified the delivering carrier in writ-
ing of the fact of such agency and absence of beneficial title, and, in
the case of shipment reconsigned or diverted to a point other than
that specified in the original bill of lading, has also notified the de-
livering carrier in writing of the name and address of the beneficial
owner of the property. In such cases the shipper or consignor, or,
in the case of a shipment so reconsigned or diverted, the beneficial
owner shall be liable for such additional charges, irrespective of
any provisions to the contrary in the bill of lading or in the contract
under which the shipment was made. If the consignee has given
to the carrier erroneous information as to who is the beneficial
owner, such consignee shall himself be liable for such additional
charges, notwithstanding the foregoing provisions of this paragraph,
On shipments reconsigned or diverted by any agent who has fur-
nished the carrier with a notice of agency and the proper name and
address of the beneficial owner, and where such shipments are re-
fused or abandoned at ultimate destination, the said beneficial owner
shall be liable for all legally applicable charges in connection there-
with,

Section 23. The Commonwealth or any party aggrieved by any
final finding, order, or judgment of the commission shall have, of
right, regardless of the amount involved, an appeal to the Supreme
Court of Appeals, which shall be taken and perfected within six
months from the date of such final finding, order, or judgment, and
the Supreme Court of Appeals may, on petition of the Attorney
General, or any other party so aggrieved, if said petition be pre-
sented within six months from the date of the final finding, order,
or judgment of the commission, award a writ of supersedeas to any
such final finding, order, or judgment, and may review, affirm, re-
verse, or modify the same, as justice may require, and enter therein
such order as may be right and just. All such appeals shall be taken
and perfected, heard and determined, and the mandate of the Su-
preme Court of Appeals certified down to the commission in the
same manner as appeals in equity causes from the circuit or cor-
poration courts of this Commonwealth to the Supreme Court, ex-
cept that such appeals shall be heard and disposed of promptly by
the Supreme Court, irrespective of its place of session, next after
habeas corpus and Commonwealth’s cases already on the docket.

Section 24. The commission may require a suspending bond on
any appeal, in such penalty and with such surety thereon as it may
deem sufficient, and may, during the pendency of any appeal, at any
time, require the increase of any such bond or additional security
thereon; but there shall be of right, regardless of the amount, an
appeal from the action of the commission refusing to approve a
suspending bond, or requiring an increase thereof, or additional se-
curity thereon, in like manner as provided by subsections (d), (e),
(£), and (g) of section one hundred and fifty-six of the Constitu-
tion. The commission may also require bond for the payment of
costs in such penalty, and with such security, as it may deem suffi-
cient, in any complaint, proceeding, contest, or controversy instituted
or pending before it. All suspending bonds, and bonds for the pay-
ment of costs, taken or required to be taken by the commission, shall
be made payable to the Commonwealth and may be enforced in
the name of the Commonwealth by motion or other legal proceeding
or remedy before the commission or in any circuit or corporation court
of this Commonwealth having jurisdiction of a motion or action on
such bonds, and the process and proceedings thereon shall be as
provided by law upon bonds of the like character required and taken
by any court of this Commonwealth, and the commission or such circuit
or corporation court may render and enter up like judgments upon
such bonds as may, by law, be rendered and entered upon bonds of
like character, and process of execution shall issue upon such judg-
ments, and may be levied and executed as provided by law in other
cases.

Section 25. If any motor carrier or broker, upon the final decision
of an appeal from the action of the commission prescribing rates,
charges, or classification of traffic, confirming or modifying the action
of the commission, shall fail to refund in the manner and within
the time prescribed in the notice of the commission all amounts
which the appealing motor carrier or broker may have collected,
pending the appeal, in excess of that authorized by such final decis-
ion, upon notice to such motor carrier or broker by the commission
of such final decision, then the commission, after thirty days’ notice
to any such motor carrier or broker, may, unless the amount required
by such order be paid to the clerk of the commigsion, render and
enter judgment in the name of the Commonwealth, for the use of
the persons, firms and corporations entitled to the same, against any
such motor carrier or broker for the aggregate amount of such col-
lections and for costs, and may enforce the amount of such judgment
and costs by process of execution, as hereinbefore provided as to the
enforcement of the judgments of the commission. The commission
shall, upon the collection of said judgment, forthwith distribute the
amount thereof, through its clerk, among the parties entitled thereto,
respectively, in such manner as it may by its rules or orders prescribe,
and shall, upon the payment or collection of any such judgment,
enter the same satisfied upon its records, and have the same entered
satisfied on the judgment lien docket of the court of any city or
county where the same may have been docketed, and the satisfaction
of any such judgment shall be a bar to any further action or recovery
against any such motor carrier or broker to the extent of such re-
covery.

Section 26. Nothing in this act shall be construed to relieve any
person from the payment of any licenses, fees, taxes or levies now
or hereafter imposed by law.

2. The act of the General Assembly and all amendments thereto,
entitled “an act to define motor vehicle carriers, to provide for the
regulation, supervision and control of persons, firms, corporations
and associations owning, controlling, operating or managing motor
vehicles used as common carriers for the transportation of persons
or property for compensation on the public highways of this State;
to provide for the regulation of the rates thereof; and to provide
for the enforcement of this act and for punishment of violations
thereof,” approved March twenty-sixth, nineteen hundred and thirty-
two, is hereby repealed, and all acts or parts of acts, or sections of
the Code of Virginia, insofar as the same conflict herewith, shall be,
and the same are hereby, repealed. In the event of any apparent
conflict between the provisions of this act and of any other act or
acts passed at the regular session of the General Assembly of the
year nineteen hundred and thirty-six, the provisions of this act shall
be deemed to govern and control the regulation and operation of
motor vehicle carriers as herein defined; but nothing herein shall be
construed to relieve any motor carrier as herein defined from any
regulation otherwise imposed by law or lawful authority.