Chap. 222.—An ACT to amend and re-enact sections 2, 3, 4, 5, 6, 8 and 9 of chapter
161 of the acts of the assembly for 1923. [S B 206}

Approved March 14, 1924.

1. Beit enacted by the general assembly of Virginia, That sections
two, three, four, five, six, eight and nine of an act approved April third,
nineteen hundred and twenty-three, entitled an act providing for the
regulation, supervision and control of persons, firms, corporations and
associations owning, controlling, operating or managing motor vehicles
used in the business of transporting persons or property for compensa-
tion on the improved public highways of this State, which are, or may
hereafter be declared to be, parts of the State highway system or any of
the county highway systems; declaring motor vehicle carriers, as herein
defined, to be common carriers, transportation companies and public
service corporations within the meaning of the law; and prescribing and
imposing license fees, and providing for the disposition of the revenue
raised by the same, be amended and re-enacted so as to read as follows:

Section 2. No corporation or person, their lessees, trustees, or
receivers, shall operate any motor propelled vehicle as hereinbefore
defined for the transportation of persons or property for compensation
on any improved public highways in this State, except in accordance
with the provisions of this act, and every motor vehicle carrier, as here-
inbefore defined, is hereby declared to be a common carrier, a transpor-
tation company and a public service corporation within the meaning of
the laws of this State, and as such subject to control, supervision and
regulation by the commission in the manner provided by law; but no
such motor vehicle carrier shall be deemed to possess the power of emi-
nent domain, and in the matters of fixing and regulating rates the pro-
cedure shall be as provided by law for public utility companies.
provisions of the general law contained in chapter one hundred and
fifty-five of the Code of Virginia, requiring the separation of white and
colored passengers shall, so far as reasonably applicable be observed by
the common carriers and their passengers in this act mentioned; pro-
vided, however, that nothing in this act contained shall apply to motor
vehicles while used exclusively for transporting persons to or from
schools, Sunday schools, churches or religious service of any kind, or to
or from picnics or upon special pre-arranged excursions, or to United
States mail carriers operating star routes, while engaged solely in carry-
ing mail.

* and provided further, That except as in this proviso set forth,
nothing in this act contained shall apply to persons, partnerships, asso-
ciations, or corporations, their lessees, trustees or receivers operating
motor vehicles for the carriage of persons, employed exclusively in the
conduct of educational or sight-seeing excursions or tours from points
outside of this State to and from points of educational and historic
interest in the State of Virginia, that do not solicit or receive patronage
along the route. But, all such persons, partnerships, associations or
corporations, their lessees, trustees or receivers, shall be required only
to obtain from the State corporation commission a certificate or permit
to operate motor vehicles so employed over the improved public high-
ways of this State, which is, or may hereafter be declared to be, a part
of the State highway system or any county highway system or the
streets of any city or town and to pay the license fees and charges im-
posed by section 5 of this act upon motor vehicles of like class as those
operated by such persons, partnerships, associations or corporations,
their lessees, trustees or receivers.

Section 3. No motor vehicle carrier shall hereafter operate for the
transportation of persons or property for compensation on any im-
proved public highway without first having obtained from the com-
mission, under the provisions of this act a certificate and paid the
license fee herein required. The commission shall have power to grant
four classes of such certificates after application therefor has been made
in writing by the owner of such vehicle upon blanks provided by the
commission, and after such hearing as the commission may deem proper.
To the granting of any certificate the commission shall hear any objec-
tion which may be filed thereto with the commission by any interested
party. The said four classes of certificates shall be respectively desig-
nated, certificate A, certificate B, certificate C, and certificate D.
All holders of certificates heretofore granted by the commission under
the act approved April third, nineteen hundred and twenty-three,
are authorized to retain same, and shall be and are hereby included
within the designation of certificate A, where they are passenger car-
riers, and within the designation of certificate D where they are carriers
of freight, and are subject to the provision of this act as to such class of
certificates and to the rules and regulations of the commission relative
to such certificate holders. Provided, that the commission shall grant
a certificate as of night whére it appears that the applicant was operating
for at least one year prior to February 28, 1923, but was not operating
immediately prior thereto or on said date because of necessary repairs
being made to his vehicle.

The commission shall have power to grant a certificate A in the fol-
lowing cases: (1) to an applicant to operate in territory already served
by any certificate holder under this act, or any other common carrier
when the public convenience and necessity in such territory are not
already being reasonably served by some other certificate holder or
other common carrier, provided, such applicant proposes to operate on
a fixed schedule and to comply with the other provisions contained in
this act and the rules and regulations which may be made by the com-
mission respecting holders of this class of certificates, and, provided,
that the existence of a railroad or other motor vehicle carrier in the
territory sought to be served by such applicant shall not be sufficient
cause for a refusal to grant a certificate, but may be considered by the
commission as constituting good cause for limiting the number of ve-
hicles which such applicant may operate on the route mentioned in his
application; (2) to an applicant for a certificate to operate upon a regu-
lar schedule in a territory not already served by the holder of a certificate
A, when public convenience and necessity in such territory are not
being reasonably served by a certificate holder under this act or othe1
common carrier, provided, that where such certificate A is issued to
such applicant over territory, which is being served at the time such
certificate is granted by the holder of a certificate B, that the right of
such applicant to operate under certificate A shall not begin until the
expiration of the then license year of the holder of the certificate B, and,
provided, further, that the existence of a railroad, or other motor vehicle
carrier in the territory sought to be served by such applicant shall not
be considered by the commission as good cause for refusing the applica-
tion.

The commission shall have power to grant a certificate B in cases
where the applicant does not propose to regularly operate upon a fixed
schedule over a particular route, but only desires to operate over a
particular route or routes which are not already served by the holder of
a certificate A, but will only operate in instances where by his solicita-
tion or otherwise he has procured passengers to be transported over the
route or routes designated in his application, but in the granting of
such certificate B the commission may consider the public convenience
and necessity and whether the territory proposed to be served is already
reasonably served by a common carrier and if the public convenience
and necessity require the granting of more than one certificate B over
such route or routes, the commission may grant additional certificates
B, but such certificate may be revoked by the commission at the end of
any license year as to any particular route or routes, if prior to the expira-
tion of such year the commission has granted over said route a cer-
tificate A.

The commission shall have power to grant a certificate C to any
applicant who does not propose to in any way solicit the transportation
of persons over such improved public highways nor to operate upon a
regular schedule, but who is privately employed for a specific trip and
who will not solicit or receive patronage along the route.

In the granting of either a certificate A or certificate B the commis-
sion may issue same for partial exercise only of the privilege sought, but
without alteration of the license charges fixed herein.

The commission may, at any time, by its order, duly entered after
a hearing had upon notice to the holder of any certificate hereunder,
and an opportunity to such holder to be heard, at which it shall be
proved that such holder has wilfully made any misrepresentation of a
material fact in obtaining a certificate, or violated or refused to observe
the laws of this State touching motor vehicle carriers, or any of the
terms of his certificate, or any of the commission’s proper orders, rules
or regulations, suspend, revoke, alter or amend any certificate issued
under the provisions of this act, but the holder of such certificate shall
have the right of appeal to the supreme court of appeals as in other
cases of appeals from the commission; provided, however, that a cer-
tificate when once granted by the commission shall not thereafter be
suspended, revoked, altered or amended for any other cause than stated
in this act. ’ ;

Section 4. The commission may, in the granting of a certificate,
require the applicant to procure and file with said commission liability
and property damage insurance, or bond with surety, on such motor
vehicles to be used in the service aforesaid, in such amount as the com-
mission may determine, insuring or indemnifying passengers and the
public receiving personal injury by reason of an act of negligence, and
for damage to property of any person other than the assured, such policy
or bond to contain such conditions, provisions and limitations as the
commission may prescribe, and shall be kept in full force and effect, and
failure to do so shall be cause for the revocation of such certificate; pro-
vided, that when bond, with solvent personal surety is offered, the same
may be accepted.

Section 5. Every motor vehicle carrier now operating or which
shall hereafter operate in this State shall, as soon as such certificate is
issued, and annually on or before each succeeding January first, as long
as such certificate remains in force, present same, with any changes
which have been made therein by the commission, to the secretary of the
Commonwealth, according to the method and provisions prescribed by
law for owners ‘of all other motor vehicles to make an application in
writing for registration and license, and state in said application, besides
the other matters by law prescribed, the following:

(1) In case of holders of certificate A for passenger vehicles, the
seating capacity for passengers of said motor vehicles, the route on which
said motor vehicle is to be used, whether reserve or substitute cars are
maintained by the applicant to be used only in emergencies, and if so,
the number of such reserve and substitute cars and a complete descrip-
tion of each, and when in use same to be designated by a special marker
to be furnished by the secretary of the Commonwealth, the length of
route in miles on improved public highways in this State, the weight of
the vehicle when empty and the schedule under which it shall operate
during the ensuing year, and for all such motor vehicles, except reserve
or substitute vehicles, the following annual fees shall be paid to the
secretary of the Commonwealth for license issued by him; and no
additional license fee or license tax shall be charged the motor vehicle
carrier by the State; nor as to holders of certificate A shall any city or
town impose a license fee or license tax on such motor vehicle carrier
for the use of streets or roads maintained by such city or town, greater
than the State license fee or license tax computed upon a mileage basis,
that is to say, computed upon the proportion that the route over such
streets or roads within the corporate limits of such city or town bears in
length to the entire route of such motor vehicle carriers:

Class “A.” Motor vehicles weighing less than three thousand
pounds shall each be charged and pay one-fiftieth of a cent per passenger
seat multiplied by the total number of miles that said application shall
show will be traveled by such motor vehicle over the improved public
highways of this State by such motor vehicles during the year for which
said license is issued.

Class ‘‘B.”” Motor vehicles weighing over three thousand pounds
and less than seven thousand pounds, if equipped with solid tires, or
eight thousand five hundred pounds if equipped with pneumatic tires,
shall each be charged and pay one-fortieth of a cent per each passenger
seat, multiplied by the total number of miles that said application shall
show will be traveled over the improved public highways of this State
by such motor vehicles during the year for which said license is issued.

Class “‘C.”’ Motor vehicles weighing over seven thousand pounds,
if equipped with solid tires, or over eight thousand five hundred pounds,
if equipped with pneumatic tires, shall each be charged and pay one-
twentieth of a cent per each passenger seat, multiplied by the total
number of miles that said application shall show will be traveled over
the improved public highways of this State by such motor vehicles
during the year for which said license is issued.

The holder of certificate B shall annually pay to the secretary of the
Commonwealth for license to operate as holder under such certificate
the same amount as hereinbefore required of holders of certificate A,
except that in computing the amount to be paid for such license, the
applicant shall estimate the number of miles which his vehicle will
travel during the period for which his license shall issue; provided,
however, that the minimum amount of such estimate shall be twenty
thousand miles.

The holder of certificate C shall pay to the secretary of the Com-
monwealth for the privilege of operating under such certificate, ten
dollars ($10.00) for each license year, in addition to the State license tax.

(2) Inaddition to certificates A, B and C, as hereinbefore described,
the commission may grant a certificate D for property carrying vehicles
over said highways. In case of property carrying vehicles, the applicant
shall state in said application, besides the other matters by law pro-
vided, the carrying capacity as given by manufacturer of such motor
vehicles, the route on which said motor vehicle is to be used, whether
reserve or substitute cars are maintained by the applicant to be used
only in emergencies, and if so, the number of such reserve and substitute
cars and a complete description of each, and when in use same to be
designated by a special marker to be furnished by the secretary of the
Commonwealth, the length of the route in miles on improved public
highways in this State, the weight of the vehicle when empty, and the
schedule under which it shall operate during the ensuing year, and for
all such motor vehicles, except reserve or substitute vehicles, the fol-
lowing annual fees shall be paid to the secretary of the Commonwealth
for license issued by him, and no other additional license fee or license
tax shall be charged the motor vehicle carrier by the State; nor shall
any city or town impose a license fee or license tax on such motor vehicle
carrier for the use of streets or roads maintained by such city or town,
greater than the State license fee or license tax computed upon a mileage
basis, that is to say, computed upon the proportion that the route over
such streets or roads within the corporate limits of such city or town
bears in length to the entire route of such motor carrier.

Class “X.” Motor vehicles weighing three tons or less, including
the carrying capacity, shall each be charged and pay one-fifth of a cent
per each ton mile, multiplied by the total number of miles that said
application shall show will be traveled by such motor vehicle over the
improved public highways of this State during the year tor which said
license is issued.

Class “Y.’’ Motor vehicles weighing over three tons and not over
ten tons, if equipped with pneumatic tires, including carrying capacity,
shall each be charged and pay two-fifths of a cent per each ton mile,
multiplied by the total number of miles that said application shall show
will be traveled by such motor vehicle over the improved public highways
of this State during the year for which license is issued.

Class “‘Z.”’ Motor vehicles weighing over seven tons, and not over
ten tons, if equipped with solid tires, including carrying capacity, shall
each be charged and pay three-fifths of a cent per each ton mile, mul-
tiplied by the total number of miles the said application shall show will
be traveled by such motor vehicle over the improved public highways of
this State during the year for which said license is issued. Motor
vehicles weighing over ten tons, including carrying capacity, shall not
be licensed. The provisions of this act as to motor vehicles carrying
property shall not apply to baggage of passenger being transported by
holders of certificates A, B, or C.

Section 6. It shall be the duty of the secretary of the Common-
wealth, upon the presentation of a certificate from the commission,
authorizing the motor vehicle carrier to operate, to furnish the motor
vehicle carrier with a distinguishing plate or marker, which, in addition
to the other matters otherwise by law provided to be placed thereon,
shall bear the letter stating the class under which such vehicle shall
operate, such as A, number ............0......... , B, number _.....000. 2 .,
C, number ................ ety OF XK, number... ww... , Y, number
veeececeeeeeesceeeeeeees and Z, number .......................... No motor vehicle carrier
holding a certificate A, B, or C, shall change said route or schedule of
his motor vehicle during any year for which a license has been issued,
without a permit, in writing, from the commission, a copy of which
shall be sent to the secretary of the Commonwealth before said route
is changed, whereupon a proper readjustment of charges shall be made
upon the basis aforesaid. But nothing in this act shall be construed to
prevent a motor vehicle carrier from making occasional departures from
his regular route, or from replacing in an emergency such vehicles by a
substitute vehicle in order to maintain an approved schedule, or in an
emergency from operating temporarily, reserve vehicles on its routes for
the public accommodation. The license fees charged under this act
shall be on the basis of the entire year for the remainder of the year,
expiring on the thirty-first day of December, in which event one-half of
the yearly fee shall be paid. No portion of the license fee paid as afore-
said will be refunded for any part of the year during which said license
is not used.

Section 8. Every officer, agent or employee of any corporation and
every other person who violates or fails to comply with, or who pro-
cures, aids or abets in the violation of any provision of this act, or who
fails to obey, observe or comply with any lawful order, decision, rule or
regulation, direction, demand or requirement of the commission or any
part of provision thereof, shall be guilty of a misdemeanor and punish-
able by a fine of not less than fifty dollars ($50.00) nor exceeding five
hundred dollars ($500.00), all fines so collected shall be placed to the
credit of and be disbursed as follows: One-half to the State highway
system and the remaining half to the credit of the highway system of
the county in which such fine was collected.

Section 9. Neither this act nor any provision thereof, shall apply
or be’ construed to apply to interstate or foreign commerce, except
insofar as the same may ke permitted under the provisions of the Con-
stitution of the United States and the acts of Congress, nor to farmers
or dairymen when hauling dairy and farm products along with similar
products of their own, so long as the loads therein contain as much as
fifty per centum of the motor vehicle carrier’s own product, nor to any
person, firm or corporation operating any bus line for the transporta-
tion of passengers or property wholly in any city or town of this State
over the streets maintained by such city or town, nor to any person,
firm or corporation operating taxicabs, equipped with taximeters whose
business originates wholly within the corporate limits of any city or
town in this State, and who only occasionally operate beyond said
limits.