CHAPTER 341

An Act to provide for the transfer from the Division of Motor Vehicles
and the Commissioner thereof to the State Corporation Commission,
and to confer upon and vest in the latter certain powers, duties and
functions in relation to the regulation and taxation of certain carriers
of persons and property by motor vehicles; and to this end to amend
the Code of Virginia by adding sections numbered 56-279.1, 56-804.1
through 56-804.12, and to amend and reenact §§ 56-304 and 58-627
of the Code of Virginia, the added and amended sections relating to
motor vehicle carriers generally, and providing for the filing fees
for applicants for certain certificates, the identification of vehicles,
warrants, registration cards and markers, defining and providing for
the registration and taxation of certain carriers, fees, road taxes,
agents for service of process, prohibiting certain acts and providing
penalties for violations and the enforcement thereof; and to repeal
§§ 46-134 through 46-140, 46-142 through 46-151, 46-158 and 46-158.1
and all amendments thereof, of the Code of Virginia, relating gen-
erally to the same matters.

[S 256]

Approved April 2, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding §§ 56-279.1, and
56-304.1 through 56-304.12, and that §§ 56-304 and 58-627 of the Code be
amended and reenacted, the added and amended sections being as follows:

§ 56-279.1. Filing Fees.—Every applicant for a certificate under the
provisions of this chapter shall, upon the filing of the application, deposit
with the Commission as a filing fee the sum of twenty-five dollars, and for
the transfer of any such certificate the sum of twenty-five dollars, and for
approval of a lease the sum of five dollars (to be paid by the lessee) and
for the issuance of a duplicate certificate the sum of three dollars; said
fees to be paid for the purpose of defraying the expenses of administering
the provisions of law with respect to the issuance of such certificates, and
to be paid into the highway maintenance and construction fund.

§ 56-304. * Warrants, exemption cards, and classification plates.—No
person shall operate or cause to be operated for compensation on any
highway in this State any self-propelled motor vehicle that is required by
law to display license plates issued by the Division of Motor Vehicles
unless there has been issued by the Commission to the owner or the opera-
tor of the vehicle a warrant or an exemption card and a classification plate
for each vehicle so operated.

A warrant shall be issued for each vehicle that is not exempt under
§ 56-274. An exemption card shall be issued for each vehicle that 1s exempt
under § 56-274 unless all the operations of the vehicle are exempt from
the road taxes imposed by Articles 12 and 18 of Chapter 12 of Title 58.
A classification plate shall be issued for each vehicle, indicating the purpose
for which the vehicle may lawfully be operated, and having on it the same
number that appears on the warrant or exemption card issued for the
vehicle. At all times the classification plate shall be displayed on the
vehicle and the warrant or exemption card carried in the vehicle.

§ 56-304.1. Registration cards and identification markers.—No person
shall operate or cause to be operated for compensation on any highway
In this State any passenger vehicle having seats for more than seven
passengers in addition to the driver, or any road tractor, or any tractor
truck, or any truck having more than two axles, that is not required by
law to display license plates issued by the Division of Motor Vehicles,
unless there has been issued by the Commission to the owner or the opera-
tor of the vehicle a registration card and an identification marker for each
vehicle so operated. At all times the registration card shall be carried in
the vehicle for which it was issued. The marker shall have on it the same
number that appears on the registration card and shall at all times be
displayed on the vehicle.

§ 56-304.2. Private carriers. No person shall operate or cause to
be operated for the transportation not for compensation of property into
or out of or through this State on any highway in this State any road
tractor, or any tractor truck, or any truck having more than two axles
unless there has been issued to the owner of the vehicle a registration card
and an identification marker for each vehicle so operated. At all times
the registration card shall be carried in the vehicle for which it was issued.
The marker shall have on it the same number that appears on the regis-
tration card and shall at all times be displayed on the vehicle.

§ 56-304.3. Numbers in lieu of classification plates or markers.—A
person who owns and operates more than ten vehicles for which warrants
or exemption cards have been issued under § 56-804, or for which regis-
tration cards have been issued under § 56-304.1 or § 56-304.2, may apply
to the Commission for leave to paint on the sides of said vehicles an identi-
fying number; and the Commission, instead of issuing classification plates
or markers for said vehicles, may authorize the applicant to paint on
them letters and a number as specified by the Commission, which number
shall appear on each warrant, exemption card or registration card issued
for said vehicles.

§ 56-304.4. Fees.—For issuing each warrant, each exemption card
and each registration card the Commission shall collect from the applicant
a fee of one dollar. The fees shall be paid into the highway maintenance
and construction fund.

§ 56-304.5. Road taxes.—No warrant, exemption card or registration
card shall be issued unless the applicant certifies that he has made all
road tax reports and paid all road taxes then due from him under Articles
12 and 13 of Chapter 12 of Title 58 of the Code of Virginia.

§ 56-304.6. Agent for service of process.——No warrant, exemption
card or registration card shall be issued to any nonresident applicant
unless he files with the Commission a power of attorney appointing the
Secretary of the Commonwealth or some other suitable person residing
in Virginia as his agent on whom process and orders may be served.

§ 56-304.7. Expiration dates.——Every warrant, exemption card and
classification plate heretofore issued by the Commission shall expire on
the fifteenth day of April, 1955. Every warrant, exemption card and
classification plate hereafter issued by the Commission shall expire on
the fifteenth day of April following the first day of January following
the date on which it was issued.
Every registration card and identification marker heretofore issued
by the Commission shall expire on the thirtieth day of June, 1955. Every
registration card and identification marker hereafter issued by the Com-
mission shall expire on the thirtieth day of June following the first day
of January following the date on which it was issued.

§ 56-304.8. Title to plates and markers.—All classification plates and
identification markers issued by the Commission shall remain the prop-
erty of the Commission.

§ 56-304.9. Temporary emergency operation.—In an emergency, the
Commission may, by letter or telegram, authorize a vehicle to be operated
without a registration card or identification marker for not more than

en days.

§ 56-304.10. Application blanks.—The Commission shall prepare
forms to be used in making applications in accordance with this article
and the applicant shall furnish all material information called for by such

orms. °

§ 56-304.11. Violations declared to be misdemeanors.—Any person
who operates or causes to be operated on any highway in Virginia any
motor vehicle that does not carry the warrant, exemption card or registra-
tion card that this article requires it to carry, or any motor vehicle that
does not display in such manner as is prescribed by the Commission the
classification plate or identification marker that this article requires it to
display, shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not less than ten nor more than two hundred

ollars.

§ 56-304.12. Offenses punishable by the State Corporation Commis-
sion.—The Commission may, by judgment entered after a hearing on
notice duly served on the defendant not less than ten days before the date
of the hearing, if it be proved that the defendant made any misrepre-
sentation of a material fact to obtain a warrant, exemption card or regis-
tration card, has made any improper use of any warrant, exemption card,
registration card, classification plate, identification marker or identifying
number, has violated any law of this State regulating the operation of
motor vehicles for compensation on the highways of this State, has failed
to make any report required by the Commission, has failed to pay any
fee or tax properly assessed against him or has failed to comply with any
lawful order, rule or regulation of the Commission, impose a penalty, not
exceeding one thousand dollars, which shall be collectible by the process
of the Commission as provided by law.

In addition to imposing such penalty, or without imposing such
penalty, the Commission may, in any such case, suspend or revoke any
warrant, exemption card, registration card, classification plate, identifica-
tion marker or identifying number issued pursuant to this article.

If, in any such case, it appears that the defendant owes any fee or
tax to ‘the Commonwealth, the Commission shall enter judgment therefor.

§ 58-627. Definitions.—Whenever used in this article, the term
“motor carrier” means every person, firm or corporation who operates or
causes to be operated on any highway in this State * any passenger vehicle
that has seats for more than seven passengers in addition to the driver, or
any road tractor, or any tractor truck, or any truck having more than
two axles.

The word “operations,” when applied to a motor carrier who trans-
ports passengers or property for compensation, means operations of all
vehicles, whether loaded or empty, regardless of size or kind, for com-
pensation.

The word “operations,” when applied to a motor carrier who trans-
ports property not for compensation, means operations of all road tractors,
tractor trucks, and trucks having more than two axles, whether loaded or
empty, for the transportation of property into or out of or through Virginia.
Any motor carrier who operates or causes to be operated any such
passenger vehicle, or any road tractor, or any tractor truck, or any truck
having more than two axles on one or more days of any quarter is liable
for the tax imposed by this article for that quarter and is entitled to the
credits allowed for that quarter.
2. §§ 46-134 through 46-140, 46-142 through 46-151, 46-153 and
46-153.1, as severally amended, of the Code of Virginia are repealed.
3. The additions to the Code, the amendments and repeals of sections
thereof, are in force on and after July 1, 1954.