Chap. 286.—An ACT to amend and re-enact Section 1 of an Act entitled “An
act to define motor vehicle carriers and transportation brokers; to provide
for the regulation, supervision, and control of persons, firms, corporations,
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 compen-
sation 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”, Approved March
9, 1936. [S B 250]

Approved March 28, 1938

1. Be it enacted by the General Assembly of Virginia, That Sec-
tion one of an Act entitled: “An Act to define motor vehicle carriers
and transportation brokers; to provide for the regulation, supervision,
and control of persons, firms, corporations, 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 three hundred fifty-nine of the Acts of
nineteen hundred thirty-two, and all statutes and/or acts, or parts of
statutes and/or acts, in conflict with the provisions of this act’, be
amended and re-enacted to read as follows:

Section 1. Definitions—-Whenever used in this act unless ex-
pressly stated otherwise:

(a) The term “person” means any individual, firm, copartner-
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, excluding 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.
(ce) 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 over the public high-
ways of the State, whether over regular 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. :

(g) The term “contract carrier by motor vehicle” means any per-
son, 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, transports
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 con-
tract 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 trans-
portation.

(j) The “services” and “transportation” to which this act applies
include all vehicles operated by, for, or in the interest of any motor
carrier irrespective of ownership or contract, express or implied, to-
gether with all facilities and property operated or controlled by any
such carrier or carriers and used in the transportation of passengers
or property or in the performance of any service in connection there-
with.

(k) The term “certificate” means a certificate of public con-
venience 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. |

(n) The term “exemption card” means the exemption card 1is-

sued by the commission for each exempt motor vehicle under this
act. ,

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