CHAPTER 532

An Act to amend the Code of Virginia by adding in Title 56 thereof a
chapter numbered 12.4, containing sections numbered 56-838.50
through 56-888.64, so as to provide for the regulation by the State
Corporation Commission of special or charter party carriers as a class
of restricted common carriers of passengers; and to repeal § 56-285
of the Code of Virginia, relating to transportation of special or char-

tered parties.
[H 529]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 56 thereof a
chapter numbered 12.4, containing sections numbered 56-838.50 through
56-338.64 as follows:
CHAPTER 12.4

Special or Charter Party Carriers
_ § 56-338.50. When used in this chapter, unless expressly stated other-
wise:

(a) ‘Person’ means any person, firm or corporation.

(b) “Commission” means the State Corporation Commission.

(c) “Special or charter party carrier” means a restricted common
carrier authorized to transport passengers in special or charter parties
under the provisions of this chapter.

d) “Special or Charter Party” means a group movement of pas-
sengers transported under a single contract made with one person for an
agreed charge for such movement regardless of the number of passengers
transported and for which transportation no individual or separate fares
are solicited, charged, collected or received by the carrier.
(e) “Certificate” means a certificate of public convenience and neces-
sity issued by the Commission to a special or charter party carrier under
this chapter.

§ 56-338.51. This chapter shall not be construed to apply to:

(a) Motor vehicles employed solely in transporting school children
and teachers; .

(b) Transportation of a special or charter party between any point
in this State and any point outside this State, or between two points within
the limits of a city or town in this State; or

(c) Motor vehicles owned and operated by the United States, District
of Columbia or any state, or by any municipality or other political sub-
division of this State.

§ 56-338.52. Except as otherwise provided in § 56-338.51, no person
shall engage in the business of a special or charter party carrier of pas-
sengers by motor vehicle on any highway within the State unless such
person has secured from the Commission a certificate authorizing such
business.

§ 56-338.58. (a) An “A” certificate shall authorize the holder named
therein to transport passengers in special or charter parties from any point
or points within the State to other points in this State. Upon the filing of
an application for an “A” certificate, the Commission shall fix a time and
place of hearing upon such application, and if the Commission finds the
proposed operation justified the Commission shall issue an “A” certificate
to the applicant, subject to such terms, limitations and restrictions as the
Commission may deem proper. If the Commission shall find that the pro-
posed operation is not justified, the application shall be denied.

(b) A “B” certificate shall authorize the holder named therein to
transport passengers in special or charter parties from any point or points
within the territory of origin specified in the certificate to other points
in this State. Upon the filing of an application for a “B” certificate, the
Commission shall fix a time and place of hearing upon such application,
and if the Commission shall find the proposed operation justified it shall
issue a “B” certificate to the applicant, subject to such terms, limitations
and restrictions as the Commission may deem proper. If the Commission
shall find that the proposed operation is not justified, the application shall
be denied.

(c) A “C” certificate shall authorize the holder named therein to
transport passengers in special or charter parties from a specified town or
city having a population of ten thousand inhabitants or less as the point
of origin to other points in this State which are not more than thirty miles
from the point of origin, provided, however, that one trip for a distance
exceeding thirty miles may be made by the holder of a “C” certificate
during any calendar month. Upon the filing of an application for a “C”
certificate, the Commission shall require the applicant to give at least ten
days notice to the chairman of the board of supervisors and the Common-
wealth’s attorney of the counties adjoining such town or city and also by
publication in a newspaper of general circulation in such town or city, or
as otherwise directed by the Commission, that such an application has been
made and that a certain time and date the Commission will grant such
application if the Commission is then of the opinion that it meets the re-
quirements of § 56-338.54. If a proper objection is filed with the Com-
mission before said date, the Commission may, in its discretion, fix a time
and place for a hearing upon such application and the objection thereto,
and if the Commission shall then find the proposed operation justified it
shall issue a ‘“‘C” certificate to the applicant. The Commission may issue a
“C” certificate subject to such terms, limitations and restrictions as the
Commission may deem proper. If the Commission shall find the proposed
operation is not justified, the application shall be denied.
§ 56-338.54. The public convenience and necessity to be served by
special or charter party carriers is to provide economical, comfortable and
convenient transportation for special or charter parties and in the issuance
of all types of certificates authorized by this chapter the Commission shall
consider all facts bearing on that purpose, including existing means 0
transportation, the character of the applicant, and the kind and location of
the equipment he proposes to use. The Commission shall issue no more cer-
tificates than the public convenience and necessity require, and shall place
such restrictions upon such certificates as may be reasonably necessary to
protect any existing motor carrier, whether such carrier is operating under
certificates issued by the Commission under this chapter or under chapters
12 or 12.3 of this Title or otherwise, but the Commission shall not deny
a certificate solely on the ground that the applicant may render special or
charter party service originating at the same point or points as such other
motor carriers.

§ 56-338.55. In addition to the grounds upon which a certificate
issued to a common carrier other than a special or charter party carrier
may be revoked, a certificate issued under this chapter may also be re-
voked, after notice and hearing, for failure to furnish economical, com-
fortable and convenient transportation or for failure to observe the require-
ments of this chapter or the rules and regulations hereunder as are pre-
scribed by the Commission. A certificate shall be revoked whenever the
holder requests in writing that it be revoked.

; 8 56-388.56. Any such certificate may not be sold, transferred or
eased.

§ 56-388.57. No certificate shall be issued to a foreign corporation
or to a person who has not been a resident of Virginia for at least sixty days
preceding the filing of an application therefor.

§ 56-338.58. No special or charter party carrier shall charge more
or less than the fixed rate and/or charge for the type of vehicle involved
set out in said carrier’s published tariff which shall be on file with the
Commission.

§ 56-3388.59. No holder of a certificate under this chapter shall en-
gage in special or charter party service through any broker, except in
compliance with the provisions of this chapter and the Commission’s rules
and regulations hereunder.

§ 56-338.60. The Commission shall have the power to prescribe from
time to time reasonable rules and regulations for the control and operation
of charter party carriers, including their rates and charges, and may re-
quire reports from such carriers in respect thereto.

§ 56-338.61. Any person, other than a nonresident or a foreign cor-
poration or a person exempted by § 56-338.51 who was lawfully engaged in
the business of a special or charter party carrier as herein defined within
this State on January one, nineteen hundred sixty, shall be issued an “A”,
“B” or “C” certificate, as requested by such person, if application for such
certificate is made to the Commission within sixty days from July one,
nineteen hundred sixty or within such additional time, not to exceed ninety
days as the Commission may prescribe.

§ 56-338.62. Every person, 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 dollars for either an “A” or a “B”’ certificate and
the sum of ten dollars for a “C” certificate; and for the issuance of a
duplicate certificate the sum of three dollars; such fees are to be paid for
the purpose of defraying the expenses of administering the provisions of
law with respect to the issuance of such certificates.

§ 56-338.63. Except as otherwise provided in this chapter all pro-
visions of law applicable to common carriers of passengers shall apply to
special or charter party carriers.
§ 56-338.64. Any person who is not a common carrier of passengers,
except as may be provided in this chapter, shall be subject to the annual
registration fee prescribed by § 46.1-149 (7).

2. That § 56-285 of the Code of Virginia is repealed.