Chap. 51.—An ACT to amend and re-enact Sections 2, 12, and 19 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, cor-
porations, 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 pro-
vide 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”, approved March 9, 1936.
, [H B 62].

Approved March 2, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions two, twelve, and nineteen of an act entitled an act to define motor
vehicle carriers and transportation brokers; to provide for the regu-
lation, 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 and 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 2. This act shall not be construed to include:

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

(b) Taxicabs, or other motor vehicles performing a bona fide taxi-
cab 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 between
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 sub-division of this State, including vehicles used exclusively
for handling United States mail.

(e) Motor vehicles while used exclusively in transporting bona
fide employees to and from work, provided, that each such operator
shall first secure from the Commission a permit, and the necessary war-
rant for each vehicle so operated, except that the Commission shall
not require the filing of any insurance by any person operating under
this sub-section to cover personal injury and property damage insur-
arice for persons transported.

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

(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),
slate, horticultural or agricultural commodities (not including manu-
factured products thereof), and forest products, including lumber and
staves (but not including manufactured products thereof), or in the
transportation of farm supplies being delivered to a farm or farms;

(1) 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 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 or
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 municipality in the
State of Virginia, 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, ex-
cept in accordance with an order of the State Corporation Commission.

(b) Each holder of a certificate or permit issued by the Com-
mission 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
dollars for death or injury to any one person; ten thousard dollars
total public liability for any one accident; property damage, one thou-
sand dollars; and cargo liability for three tons and under, five hun-
dred dollars, and. for more than three tons, one thousanc dollars;
provided, however, that a holder of a permit issued by the Commission
shall not be required to file any cargo insurance bond or bonds for
cargo liability.

(c) Each holder of a certificate or permit issued by the Com-
mission shall keep on file with the Commission, insurance policy or
bond in some insurance company or association or other insurer author-
ized 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) The insurance bond, or other security, shall obligate the
insurer or surety to pay any final judgment for damages sustained by
the passengers, shippers, or consignees for injury to passenger or
passengers, or for loss or damage to property entrusted to such motor
carrier where cargo policy is required, and for any and all injuries
to persons and loss of or damage to property resulting from the
negligent operation of any motor vehicle. ,

(e) Nothing in this act shall relieve any holders of certificate or
permit by and under the authority of the Commission from any liability
resulting from his or its negligence, whether or not it has complied
with the requirements of this section, or any sub-sections.

(f) 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 thousand
dollars.

Section 19. (a) Every person operating a motor vehicle for com-
pensation on any highway of this State, shall secure from the Com-
mission a warrant, or exemption card, if exempt from this act as
provided in section two, for each vehicle so operated, and such warrant
or exemption card shall properly and adequately describe the vehicle
for which it is issued, under the form to be prescribed by the Com-
mission.

(b) Upon a transfer of the operation of any such motor vehicle,
the Commission shall be notified, and a new warrant or exemption
card, 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 the highway of the State, the purchaser or proposed operator
of such motor vehicle shall secure a warrant, or exemption card, from
the Commission for such motor vehicle.

(d) The Commission may assess a fee of not exceeding fifty
(50) cents for each warrant, or exemption card, issued by it.

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

(f) 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 of the
Commission for the administration and enforcement of this act.
2. An emergency existing, this act shall become effective from its
ia