CHAPTER 632

Act to amend the Code of Virginia by inserting, in Title 56, a Ci
numbered 12.2, containing Sections numbered 56-838.19 throug
888.89, so as to provide for the regulation, supervision, and c
by the State Corporation Commission of “Petroleum Tank Truci
riers”; to make applicable to such carriers certain provisions
Motor Vehicle Carrier Laws of Virginia; to prohibit unfair di.
inations; and to provide for the enforcement of this Chapte:
penalties for the violation thereof.

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Approved April 4, 1952

Be it enacted by the General Assembly of Virginia:

That the Code of Virginia be amended by inserting, in Title
pter numbered 12.2, containing Sections numbered 56-338.19 th
338.39, as follows:

Section 56-338.19. Definitions: Whenever used in this Chapte
expressly stated otherwise:

(a) The term “person” means any individual, firm, copartne
oration, company, association or jointstock association, and in

trustee, receiver, assignee, or personal representative thereof

(b) The term “Commission” means the State Corporation Cc
1 of the Commonwealth of Virginia.

(c) The term “highway” means every public highway or pl
itever nature open to the use of the public for purposes of vel
yel in this State.
(d) The term “petroleum products” means gasoline, lubricating oil,
kerosene, diesel oil, fuel oil, bunker oil, and other similar liquid petroleum
products.

(e) The term “motor tank truck”—for the purpose of this Chapter
only,—means any vehicle, machine, tractor, trailer, or semitrailer pro-
pelled or drawn by mechanical power, consisting wholly or in part of a
tank constructed or designed or used for the purpose of transporting pe-
troleum products in bulk for compensation upon the highways, but does
not include any vehicle, locomotive or car operated on a rail or rails.

(f) The term “Petroleum Tank Truck Carrier’ means any person
who or which undertakes,—whether directly or by contract, lease or other
arrangement,—to transport for compensation over the highways of this
State, over regular or irregular routes, between two or more points in
this State, petroleum products in bulk by “motor tank truck,” as defined
in this Chapter.

Section 56-388.20. Exemptions: The following are hereby declared
to be exempt from this Chapter, and this Chapter shall not be construed
to apply to any of them:

(a) 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.

(b) Persons who are not included within the definition of ‘“Petroleum
Tank Truck Carriers” as defined by Section 56-338.19 (f) of this Chapter.

(c) Vehicles which are not included within the definition of a “motor
tank truck” as defined by Section 56-338.19 (e) of this Chapter.

(d) Transportation of petroleum products between any points within
this State in vehicles owned and/or operated by a person who is also the
bona fide legal owner of the petroleum products being then so transported.

(e) Transportation of petroleum products between any point in this
State and any point outside this State, or between any points wholly with-
in the limits of any city or town in this State, or for any lesser distance
than fifteen miles.

(f) Transportation of petroleum products in quantities not exceed-
ing 2500 gallons in any one vehicle.

(g) Occasional or infrequent transportation of petroleum products
for a greater distance than 15 miles.

Section 56-338.21. Compliance with this Chapter: No “Petroleum
Tank Truck Carrier,” as defined and not exempted by this Chapter, shall
operate any motor vehicle for the transportation of petroleum products
for compensation on any highway in this State except in accordance with
the provisions of this Chapter.

Section 56-838.22. Control by Commission: Every such carrier is
hereby declared to be subject to control, supervision and regulation by
the Commission.

Section 56-338.23. No property rights in use of highways: Nothing
in this Chapter shall confer any proprietary or property rights in the use
of the public highways.

Section 56-338.24. Certain Motor Vehicle Carrier Laws Applicable:
The provisions of Code Sections 56-300 to 56-304, 56-3238, 56-324, 56-331,
56-335, and 56-338 with reference to warrants for vehicles used by motor
carriers, reports, forms and accounts of motor carriers, enforcement of
laws applicable to motor carriers, prohibition of rebates and discrimina-
tions, and appeals from orders and judgments of the Commission, to the
extent not inconsistent with this Chapter, shall be applicable to “Petroleum
Tank Truck Carriers,” as herein defined, and to the regulation thereof.

Section 56-338.25. Provisions of this Chapter controlling: As to “Pe-
troleum Tank Truck Carriers,’ the provisions of this Chapter shall be
controlling, and no laws in conflict herewith, or inconsistent herewith,
shall have any application to such carriers.

Section 56-338.26. Certificate of Convenience and Necessity required
unless exempted:—Except as exempted by Section 56-338.20 of this Chap-
ter, no person shall engage in motor vehicle transportation of “petroleum
products,” as herein defined, for compensation on any highway within the
State, unless and until he has obtained from the Commission a certificate
of public convenience and necessity as a “Petroleum Tank Truck Carrier’’.
Such certificate shall authorize the holder.to engage in the business of a
“Petroleum Tank Truck Carrier,” as herein defined, over regular and ir-
regular routes between points within this State, with the use of such ve-
hicles as may be approved for such carrier’s operations by the State High-
way Commission as provided by Section 56-338.27 of this Chapter.

Section 56-338.27. Approval of Vehicles by State Highway Commis-
sion: Except as exempted by Section 56-338.20 of this Chapter, no “Pe-
troleum Tank Truck Carrier” shall conduct his operations on any high-
way until he has obtained from the State Highway Commission a state-
ment or statements of approval .of the size, weight, and type of vehicles
of such carrier for the transportation of petroleum products on the high-
ways involved in said operation; and a like statement or statements of ap-
proval shall be obtained by such carrier before operation of any different
size, weight or type of vehicles.

Section 56-338.28. Form of Application and Notice Thereof: The
Commission shall prescribe the form of the application for a certificate
of public convenience and necessity, and such reasonable requirements as
to notice, publication, proof of service and information as may in its judg-
ment be necessary.

Section 56-888.29. Hearing and Determination and Basis thereof: (a)
Upon the filing of an application for a certificate of public convenience and
necessity as a “Petroleum Tank Truck Carrier,” the Commission shall,
within a reasonable time, fix a time and place of hearing of such applica-
tion. If the Commission shall find the proposed operation justified by
public convenience and necessity, it shall issue a certificate to the appli-
cant, subject to such terms, limitations and restrictions as the Commission
may deem proper. If the Commission shall find the proposed operation
not justified, the application shall be denied.

(b) In determining whether or not the proposed operation is justified
the Commission may consider, among other things, the public safety, the
public necessity for the proposed operation, the volume and character of
traffic on the applicant’s proposed route or routes, especially the existing
volume of petroleum products transportation thereon, and the condition
of the highways involved in the proposed operation.

Section 56-338.30. Foreign Corporations not eligible unless qualified
in Virginia, etc. No certificate of public convenience and necessity shall
be issued by the Commission under the provisions of this Chapter to any
foreign corporation.

Section 56-3838.31. Duration of Certificates, Suspensions, etc.; Imposi-
tion of Penalty: Certificates issued pursuant to this Chapter shall be ef-
fective from the dates specified therein and shall remain in effect unless
and until terminated as herein provided.

The Commission may at any time, by its order duly entered, impose
and collect a fine of not exceeding one thousand dollars, which may be col-
lected by process of the Commission as provided by law, or may suspend,
revoke, alter or amend any such certificate, whenever the Commission finds
after a hearing, held after reasonable notice to the certificate holder, that
such certificate holder knowingly misrepresented any material fact in ob-
taining his certificate, or has wilfully violated or refused to observe any
of the laws of this State touching his certificate, or has wilfully violated
or failed to observe any of the proper orders, rules or regulations of the

ponmission, or any of the terms, conditions, or limitations of such cer-
ificate.

Proceedings provided for herein may be commenced upon the com-
plaint of any person or upon the Commission’s own initiative.

No such certificate shall be suspended, revoked, altered or amended
for any cause not stated in this section.

Section 56-338.82. Appeal from order imposing penalty, etc. From
any order of the Commission imposing any fine or refusing, suspending,
revoking, altering or amending any certificate, the certificate holder shall
have the right of appeal to the Supreme Court of Appeals of Virginia, as
a matter of right, as in other cases of appeals from the Commission.

Section 56-338.83. “Grandfather Clause”: Any person, other than a
foreign corporation or a person exempted by Section 56-338.20 of this
Chapter, who was in operation and was lawfully engaged in the business
of transporting ‘‘petroleum products” as herein defined between points in
this State, over the highways of this State by motor vehicle for compensa-
tion under bona fide contracts during the year ending December 31, 1951,
and/or who held a Motor Fuel Permit issued by the Director, Division of
Motor Vehicles of Virginia, during such year, shall be issued by the Com-
mission a Certificate of Convenience and Necessity as a “Petroleum Tank
Truck Carrier’ as herein defined, if application for such certificate is made
to the Commission within sixty days from the effective date of this Chap-
ter or within such additional time, not to exceed an additional ninety days,
as the Commission may prescribe. Snch certificate shall authorize such
carrier to continue transportation of “petroleum products” in motor ve-
hicles approved from time to time as required by Section 56-338.27 of this
Chapter by the State Highway Commission from the point or points of
origin which were used in such transportation by such carrier at any time
prior to the enactment of this chapter and from such additional point
or points of origin as the subsequent transfer of such carrier’s source of
supply may require.

Section 56-838.384. Transfer or Lease of Certificate: Any such cer-
tificate may be transferred or leased subject to the approval of the Com-
mission, and under such reasonable rules and regulations as may be pre-
scribed by the Commission. The application shall be made jointly by the
transferor and transferee, seller and purchaser, or assignor and assignee,
or lessor and lessee.

Section 56-338.385. Fees for issuance or transfer of Certificate: Every
“Petroleum Tank Truck Carrier,” upon filing with the Commission an ap-
plication for a certificate, shall deposit with the Commission as a filing
fee the sum of twenty-five ($25.00) dollars, and for the transfer of such
certificate the sum of twenty-five ($25.00) dollars, and for the issuance of
a duplicate certificate the sum of three ($3.00) dollars, and for the filing
of a lease the sum of five ($5.00) dollars; said fees to be paid for the pur-
pose of defraying the expenses of administering the provisions of law with
respect to the issuance and transfer of such certificate.

Section 56-338.86. Powers and Duties of Commission: The Commis-
sion shall have the power and be charged with the duty of supervising,
regulating and controlling all “Petroleum Tank Truck Carriers,” as de-
fined herein, doing business in this State, and not exempted by this Chap-
ter, in all matters relating to the performance of their duties as such car-
riers, and their rates and charges therefor, which rates and charges shall
be filed with the Commission, initially and from time to time thereafter,
by individual “Petroleum Tank Truck Carriers” or by groups of such
carriers, as each individual carrier may prefer. Each such carrier shall
adhere to his rates on file with the Commission, without rebate or dis-
crimination ; but the Commission shall have no authority to fix or prescribe
rates.

From time to time, the Commission shall prescribe reasonable rules,
regulations, bills of lading, forms and reports for such carriers in further-
ance of the administration and operation of this Chapter; and, for the
protection of the public, the Commission shall, from time to time, pre-
scribe reasonable insurance requirements for ‘Petroleum Tank Truck Car-
riers” consistent with the special character and type of this transporta-
tion; and the Commission shall have the right at all times to require from
such carriers special reports and statements, under oath, concerning their
business; and shall, from time to time, make and enforce such require-
ments as may be necessary to prevent unjust or unreasonable discrimina-
tions by any such carrier in favor of, or against, any person, locality, com-
munity or other carrier in the matter of rates, service, schedule; efficiency
of transportation or otherwise, in connection with the duties of such car-
rier; and the Commission shall have power and it shall be its duty to ad-
minister and enforce all provisions of this Chapter, and from time to time
prescribe reasonable rules, regulations and procedure looking to that end.

Section 56-8388.87. Notice to Carriers; Opportunity to be heard, etc.
Before the Commission shall prescribe or fix any classification of traffic,
and before it shall make any order, rule, regulation or requirement directed
against any one or more “Petroleum Tank Truck Carriers,” by name, the
carrier or carriers to be affected by such rate, charge, classification, order,
rule, regulation or requirement shall first be given, by the Commission at
least ten days’ notice of the time and place when and where the contem-
plated 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.

Section 56-388.88. Publication of General Orders, rules, regulations,
etc. Before the Commission shall make or prescribe any general order,
rule, regulation or requirement, not directed against any specific carrier
or carriers by name, the contemplated general order, rule, regulation or
requirement shall first be published in substance, not less than once a
week for two consecutive weeks in one or more of the newspapers of gen-
eral circulation 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 Com-
mission, 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 Commission.

Section 56-838.39. Constitutionality: Severence, etc. If any section,
subsection, sentence, clause, or any other part of this Chapter, is for any
reason held or declared to be unconstitutional, inoperative, or void, such
holding or invalidity shall not affect the remaining portions of this Chap-
ter; and it shall be construed to have been the legislative intent to pass
this Chapter without such unconstitutional, inoperative, or invalid part
therein; and, the remainder of this Chapter, after the exclusion of each
unconstitutional or inoperative part or parts, shall be held and deemed to
be valid as if such excluded parts had not been included herein.