Chap. 419.—An ACT to provide 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 compensation 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 and/or between any incorporated
communities 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 certain taxes and license
fees and providing for the disposition of the revenue raised by the same.

[S B 304]
Approved March 25, 1930

1. Be it enacted by the general assembly of Virginia, as follows:

Section 1. (a) The term “corporation,” wherever used in this
act, means a corporation, company, association, or joint stock associa-
tion.

(b) The term “person,” wherever used in this act, means an
individual, a firm or a co-partnership.

(c) The term “commission,” wherever used in this act, means
the State corporation commission of the Commonwealth of Virginia.

(d) The term “motor vehicle carrier,” or ‘‘carrier,”’ wherever used
in this act means every corporation or person, their lessees, trustees, or
receivers, owning, controlling, operating or managing any motor-pro-
pelled vehicle not usually operated on or over rails used in the business
of transporting persons or property for compensation over any im-
proved public highway, as hereinafter defined, and/or between any
incorporated communities in this State.

(e) For the purpose of this act, trailers shall be deemed to be
motor vehicles, and subject to the provisions of this act.

(f) The term “improved public highway,’ wherever used in this
act, means every improved public highway in this State which is, or
may hereafter be declared to be, a part of the State highway system
or any county highway system.

Section 2. No corporation or person, their lessees, trustees or
receivers shall operate any motor-propelled vehicle as hereinbefore de-
fined, for the transportation of persons or property for compensation
on any improved public highways and/or between incorporated com-
munities of this State, except in accordance with the provisions of this
act, and the provisions of this act, and every motor vehicle carrier,
as hereinbefore defined is hereby declared to be a common carrier, a
transportation company and a public service corporation within the
meaning of the laws of this State, and as such subiect 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 eminent domain, and, in the matter of fixing and regu-
lating rates, the procedure shall be as provided by Jaw for public utility
companies. All 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 carriers in this act mentioned ; provided,
however, that nothing in this act contained shall apply to motor vehicles
operating under contract with State, county, city or town authorities for
the exclusive transportation of pupils, teachers or school officials to
or from schools or while used exclusively for transporting persons to or
from Sunday schools, churches or religious services or to or from
picnics or upon special pre-arranged excursions under the auspices of
any school, Sunday school, church or religious organization or to
motor vehicles while used exclusively for transporting persons to or
from schools although not under contract, provided such motor ve-
hicles are operated in territory not conveniently served by a common
carrier, nor to any person, firm or corporation operating any bus line
for the transportation of passengers or property wholly within any city
or town in 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 cor-
porate limits of any city or town in this State, but who may occa-
sionally operate beyond said limits.

Section 3. No motor vehicle carrier shall hereafter operate for
the transportation of persons or property for compensation on any
improved public highway and/or between incorporated communities
without first having obtained from the commission, under the pro-
visions of this act, a certificate, or from the director, division of motor
vehicles, a permit, as hereinafter provided. The commission shall have
power to grant three classes of such certificates, upon application there-
for made in writing by the owner of such vehicle upon blanks provided
by the commission, and after such notice and hearing as the commission
may require. To the granting of any certificate the commission shall
hear any objection which may be filed thereto with the commission by
any interested person, or corporation. The said three classes of cer-
tificates shall be respectively designated, certificate A, certificate B, and
certificate C. All holders of certificates heretofore granted by the com-
mission under the act approved April third, nineteen hundred and twen-
ty-three, as amended by act of nineteen hundred and twenty-four, ap-
proved March fourteenth, nineteen hundred and twenty-four, and as
amended by act of nineteen hundred and twenty-six, approved March
twenty-ninth, nineteen hundred and twenty-six, are authorized to re-
tain the same, and from and after the effective date of this act passen-
ger carriers, holding class A certificates shall be entitled to the privi-
leges and subject to the obligations of class A carriers hereunder ; car-
riers conducting educational or sightseeing tours holding certificates F
shall be entitled to the privileges and subject to the obligations of
class B carriers hereunder; carriers of freight holding certificates D
shall be entitled to the privileges and subject to the obligations of class
C carriers hereunder.

The commission shall have power to grant a certificate A in the
following cases:

(1) To an applicant to operate in territory already served by any
certificate holder under this act, or other common carrier, when the
public convenience and necessity in such territory is not already being
reasonably served by such other certificate holder or other common
carrier, provided, such applicant undertakes to operate on a regular
schedule over a defined route, to charge the fares filed and published
in its tariff approved by the commission, and to comply with all pro-
visions of this act and the rules and regulations which may be made by
the commission respecting holders of this class of certificates, and,
provided, that the existence of a railroad or other common carrier in
the territory sought to be served by such applicant shall not be suffi-
cient cause for refusal to grant a-certificate, but may be considered by
the commission as constituting good cause for limiting the number of
vehicles which such applicant may operate on the route mentioned in
his application, and, provided, further, that should additional service
be needed or required over the route of any holder of a certificate A
or certificate C, said certificate holder shall be given reasonable time
and opportunity to furnish such necessary additional service.

(2) To an applicant for a certificate to operate upon a regular
schedule in a territory not already served by the holder of a certificate
A, when the public convenience and necessity in such territory is not
being reasonably served by any other common carrier; provided that
the existence of a railroad, or other common carrier in the territory
sought to be served by such applicant shall not be considered by the
commission as good cause for refusing the application.

The commission shall have power to grant a certificate B for pas-
senger transportation where the applicant proposes to engage exclusive-
ly in the conduct of educational or sightseeing tours to and from points
of educational and historic interest in the State of Virginia, without
solicitation or receptions of patronage along the route; provided, that
the rates for such service within the State shall be based upon a con-
tinuous return trip, with no provision for one-way fares.
The commission shall have power to grant a certificate C for prop-
erty carrying vehicles over said highways and/or between incorporated
communities where the carrier undertakes to operate. upon a regular
schedule over a definite route and to charge the fares filed and published
in its tariff approved by the commission. In case of property carrying
vehicles, the applicant shall state in its application, the carrying ca-
pacity as given by the manufacturer of such motor vehicles proposed
to be used, the route on which said motor vehicles are to be used,
whether reserve or substitute vehicles are to be maintained by the
applicant to be used only in emergencies, and if so, the number of such
reserve and substitute vehicles, the description and rated capacity of
each, the length of the route on improved public highways in this
State in miles, the weight of the vehicle when empty, and the schedule
under which it shall operate. The commission may by a written order
authorize a Class C carrier to transport passengers along with the
transportation of property; provided, that the route over which such
transportation of passengers is proposed is not being served by any
class A carrier, and that the service proposed is at least two miles from
the route served by any class A carrier. The commission may in its
written order of authorization authorize such service for a limited
period, and at the expiration of such authority, may extend it for other
definite periods. All the other requirements of this act as to insurance,
rules and regulations apply hereto.

In granting either a certificate A or certificate C the commission
may issue the same for partial exercise only of the privilege sought.

The commission may, at any time, by its order, duly entered after
a hearing had upon notice to the holder of any certificate hereunder,
or other person or corporation at which it shall be proved that such
holder, person or corporation 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 a certificate, or any of the commission’s proper orders,
rules or regulations, impose a penalty not exceeding five hundred dol-
lars, which penalties may be collected by the process of the commission
as provided by law, or the commission may suspend, revoke, alter or
amend any certificate issued under the provisions of this act, but the
holder of such certificate, or other person or corporation 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 certificate
when once granted by the commission shall not thereafter be suspended,
revoked, altered or amended for any other cause other than as stated
in this act.

Section 4. The commission shall, in granting a certificate, require
the applicant to procure and file with said commission liability. and
property damage insurance, or bond with surety to be approved by
the commission, on all motor vehicles to be used in the service afore-
said, in such amount as the commission may determine, insuring or
indemnifying passenger and all other persons against personal injury
arising from an act of negligence, and against damage to the property
of any person other than the assured, such policy or bond to contain
such conditions, provisions and limitations as the commission may
prescribe, which insurance or bond shall be kept in full force and
effect, and failure so to do shall be cause for the revocation of such
certificate.

Section 5. Every motor vehicle carrier 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 the same, with any changes
which shall have been made therein by the commission, to the director,
division of motor vehicles, together with an application in writing for
registration and license, which application, besides the other matters
by law prescribed, shall, for each motor vehicle other than reserve or
substitute vehicles, proposed to be used, separately state:

In case of holders of certificate A for passenger vehicles, the route
on which said motor vehicle is to be used, whether reserve or sub-
stitute vehicles to be used only in emergencies, are maintained by the
applicant, the number of such reserve and substitute vehicles and a
complete description of each, the length of route in miles over 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.

In case of holders of certificates C for property carrying vehicles,
the route on which said motor vehicles are to be used, whether reserve
or substitute vehicles are to be maintained by the applicant to be used
only in emergencies, and if so, the number of such reserve or sub-
stitute vehicles, the description and rated capacity of each as given
by the manufacturer, the length of the route on improved public high-
ways in this State in miles, the weight of the vehicles when empty,
and the schedule under which they shall operate.

Motor vehicle carriers operating under class A certificates may
transport newspapers and United States mail under contract or sub-
contract with the Federal government when authorized by the com-
mission.

Baggage not in excess of fifty pounds in weight when accompanied
by passengers shall be transported by class A and class B carriers
free of charge, provided, that said carriers shall only be liable for in-
jury or damage or loss to baggage in a sum limited to fifty dollars for
each piece of baggage. The owner or holder thereof may, however,
declare a higher value, and for such additional liability the carrier
may make such transportation charges as shall be approved by the
commission.

Section 6. It shall be the duty of the director, division of motor
vehicles, upon presentation of a certificate from the commission author-
izing the motor vehicle carrier to operate, to furnish said carrier with
a distinguishing plate or marker which, in addition to the other matters
by law provided to be placed thereon, shall bear the distinguishing
letter of the class under which such vehicle shall operate.
No motor vehicle carrier holding a certificate A or C shall change
its route or schedule without first having obtained an order from the
commission authorizing such change, a copy of which shall be filed with
the director, division of motor vehicles, before said route or schedule
is changed, but nothing in this act shall be construed to prevent a
motor vehicle carrier in an emergency from making occasional de-
partures from its regular route or from replacing licensed vehicles by
substitute vehicles in order to maintain an approved schedule or from
temporarily operating additional unlicensed vehicles in emergency and
when necessary for public accommodation.

In cases of transfer of certificates with the approval of the com-
mission, licenses may be transferred to the new certificate holder, to
be used only upon the equipment covered by the transferred certifi-
cate, upon payment to the director, division of motor vehicles, of a
transfer fee of five dollars for each such certificate transferred, but
no portion of a license fee theretofore paid will be refunded for any
part of the year during which said license is not used.

The director, division of motor vehicles, may issue appropriately
designated tags for passenger transportation to applicants who agree
and undertake not to solicit the transportation of persons over the im-
proved public highways and/or between incorporated communities nor
to operate upon a regular schedule, nor to receive patronage at inter-
mediate points between their points of origin and destination, but who
may be privately employed for a specific trip.

The director, division of motor vehicles, may issue appropriately
designated tags for property carrying vehicles to applicants holding
themselves out for private employment only for the transportation of
specific loads or commodities for a single employer on a single trip,
to or from the city, town or location from which said carrier operates
to any other city, town, or location, over any improved public high-
way and/or between incorporated communities of the State, or any
of the highways, streets and/or alleys of the State, and who agree
that they will not operate upon a regular schedule, nor solicit nor re-
ceive patronage along the route or between cities, towns or locations
served by a class C carrier.

Nothing in this act shall apply to carriers engaged in the transpor-
tation of farm or dairy products exclusively from farm or dairy to
market or shipping point, nor in the transportation of material used
in the packing for shipment of orchard or agricultural products, nor
to supplies to farmers used and owned by them in their necessary
farming operations, nor to trucks hired to the State highway depart-
ment, nor to the vehicles of contractors engaged in State highway
work, nor to vehicles owned or operated by any county, city or town,
when engaged in the construction or maintenance of roads, and streets,
nor to trucks under contract hauling lumber, or other forest products
from mill to shipping point or place of manufacture. The State cor-
poration commission may in its discretion issue a proper certificate
for the conveyance of passengers or property to a star route mail car-
rier, or continue an existing certificate in its discretion until the first
day of July, nineteen hundred and thirty-two.

The director, division of motor vehicles, before issuing tags to
“for hire’ motor vehicle carriers for the transportation of passengers,
or property, shall require that said carriers file with the director, di-
vision of motor vehicles, liability and property damage insurance, or
bond with surety to be approved by him on each such motor vehicle,
in such amount as the said director may determine, insuring or in-
demnifying passengers and all other persons against personal injury
by reason of an act of negligence and against damage to the property
of any person other than the assured, such policy or bond to contain
such conditions, provisions and limitations as the said director may
prescribe, which shall be kept in full force and effect, and failure so
to do shall be cause for withdrawal of the authority, or permit issued
to such carrier. It is hereby expressly provided that this provision
shall not apply to motor vehicle carriers holding class A, B and C
certificates as defined in this act, who are required to file with the State
corporation commission insurance or bond.

Section 7. Every person, firm or corporation who shall desire to
engage in the interstate transportation of passengers or freight, shall,
before using any of the improved public highways, apply to and re-
ceive from the State corporation commission of Virginia a certifi-
cate so to do, and shall pay to the treasurer of the State of Virginia
for the use of the State road fund, for the maintenance, repair and
reconstruction of the public highways of this State, the same license
fees as are now or may hereafter be required by law to be paid by
motor carriers engaged in the transportation of passengers or freight
wholly within this State, and shall comply with all regulations as to
size, weight, speed, and carrying capacity of the motor vehicles used
as are now or may hereafter be fixed by the State corporation commis-
sion of Virginia or by the laws of this State. ,

Such person, firm or corporation shall accompany the application
for such certificate with a statement of the highways. intended to be
used, the number, kind and carrying capacity of the motor vehicles to
be used, proposed schedules and tariffs, the amount and ownership
of the capital employed in the business. Such applicant shall by power
of attorney appoint the clerk of the State corporation commission or
some other person resident in the State of Virginia as agent for the
applicant on whom service of process may be made. The commission
may, in granting a certificate, require the applicant to procure and file
with said commission liability and property damage insurance, or bond
with surety, satisfactory to the commission, on motor vehicles to be used
in the service aforesaid, in like amount and with like conditions as is
required of motor vehicle carriers engaged in the business of trans-
porting passengers and property by motor vehicles wholly within the
State.

Section 8. Taxation of motor vehicle carriers—Subsection (a).
Every motor vehicle carrier engaged in the transportation of passen-
gers over established and regular rcutes on the highways of this State
who shall fall within the classifications hereinafter noted shall pay the
following taxes:

Subsection (b). Carriers holding class “A” certificates, or carriers
engaged in operations similar to those conducted by the holders of
class “A” certificates, shall pay to the director, division of motor ve-
hicles, on or before the first day of January of each year a license tax
at the rate of seventy (70) cents per one hundred (100) pounds (man-
ufacturer’s shipping weight), on all vehicles operated by such carriers
in such service; provided, however, that reserve or substitute vehicles,
used only in case of emergency, shall pay twenty-five per cent of the
tax required on regular equipment.

If a license on any vehicle embraced by this section is issued be-
tween April first and June thirtieth, the tax shall be three-fourths of
the amount which would have been payable had the license been issued
effective January first next preceding, and for licenses issued during
the third and fourth quarters of any calendar year the tax shall be at
the rate of one-half and one-fourth, respectively, of the rate charge-
able for the full year.

Appropriate license plates shall be issued for the use of such ve-
hicles as are regularly operated and special license plates and markers
shall be issued to designate vehicles to be operated as emergency or
substitute vehicles.

Subsection (c). Carriers holding class “A” certificates, or carriers
engaged in operations similar to those conducted by the holders of
class “A” certificates, shall pay quarterly to the State treasurer on or
before the first day of April, July, October and January first in ad-
dition to the license tax specified in subsection (b) a road tax, which
shall be computed at the rate of one and one-half per centum (14%)
of the total gross transportation receipts of such carriers arising out
of operations in Virginia for the quarter year, ending April, July,
October and January first next preceding the quarter year in which
the tax is due and payable. This tax, which is imposed as a specific
charge for the use of the roads by such motor vehicle passenger car-
riers, shall, together with the license tax provided for in subsection
(b), be in lieu of all other taxes whatsoever to be laid by the State
against such carriers for the use of the highways and their operation
thereon. Nothing herein shall be construed to relieve any carrier from
the payment of any motor vehicle fuel tax now or hereafter prescribed
by law, nor shall anything herein be construed to preclude any city or
town through which such carriers operate from imposing a license fee
or license tax on such motor vehicle carriers for the use of the streets,
roads, or routes, including bridges other than toll bridges, maintained
by such cities or towns not in excess of one-fiftieth of one cent per
passenger seat mile, computed on the number of miles the motor car-
rier operates within such city or town.

‘Subsection (d). In the case of certificate “A” carriers, or carriers
engaged in operations similar to those conducted by holders of class
“A” certificates, whose operations are wholly intrastate, the road tax
specified in subsection (c) shall be computed upon the entire gross
transportation receipts of such carriers for the twelve months ending
December thirty-first next preceding the year in which the tax is due
and payable.

In the case of certificate “A” carriers, or carriers engaged in op-
erations similar to those conducted by holders of class “A”’ certificates,
whose operations are conducted both in this State and between this
State and other states or the District of Columbia, or wholly between
this State and other states or the District of Columbia, the amount of
gross receipts upon which the road tax specified in subsection (c) shall
be levied, shall be such proportion of the gross transportation receipts
arising from operations of the carrier conducted within and without
the State as the total number of miles traveled by the vehicles of the
carrier in Virginia during the twelve months ending December thirty-
first next preceding the year in which the tax is due and payable bears
to the total number of miles traveled by the vehicles of such carrier
within and without Virginia during the same period, such mileage to
include that traveled within the corporate limits of cities and towns
in addition to that traveled on the highways of the State. Provided,
that where the road tax computed under this method shall be in excess
of a tax levied at the rate of one per cent per mile for each and every
mile traveled on the public highways of Virginia by the vehicles of any
carrier during the quarter year, ending April, July, October and Jan-
uary first next preceding the quarter year in which the tax is due and
payable, then the amount of the tax to be collected from such carrier
shall be that which is determined by the latter computation, it being
the purpose of this act to exact no more than a just and fair payment
from motor vehicle carriers for the use of the highways of the State.

The minimum tax to be imposed under the provisions of subsec-
tions (c) and (d) of section eight shall be fifty dollars ($50.00).

Subsection (e). The provisions of subsections (a), (b), (c) and
(d) of section eight shall be held applicable as well to motor vehicle
carriers operating under class “B” certificates; that is, carriers en-
gaged exclusively in the transportation of passengers in the conduct
of educational or sightseeing tours or excursions.

Subsection (f). Every motor vehicle carrier engaged in the trans-
portation of property over established and regular routes on the high-
ways of the State who shall fall within the classifications hereinafter
noted shall pay the following taxes:

Subsection (g). Carriers holding class “C” certificates or carriers
engaged in operations similar to those conducted by the holders of class
“C” certificates, shall pay to the director, division of motor vehicles,
on or before the first day of January of each year a license tax on each
and every vehicle based upon the rated carrying capacity of the ve-
hicles, whether trucks or trailers operated by such carriers in such
service at the following rates:

Capacity one (1) ton or less, fifteen dollars ($15.00) ;
Over one (1) ton and up to one and one-half (11%) tons, twenty
dollars ($20.00) ;

Over one and one-half and up to two (2) tons, thirty dollars
($30.00) ;

Over two (2) tons and up to two and one-half (214) tons, forty
dollars ($40.00) ; | ,

Over two and one-half (214) tons and up to three (3) tons, sixty
dollars ($60.00) ;

Over three tons and up to three and one-half (3%) tons, eighty
dollars ($80.00) ;

Over three and one-half (344) tons and up to four (4) tons, one
hundred and ten dollars ($110.00) ;

Over four (4) tons, one hundred and ten dollars ($110.00) plus
forty dollars ($40.00) addition for each one-half (14) ton in excess
of four (4) tons; provided, however, that reserve or substitute ve-
hicles, used only in case of emergency shall not be subject to said tax.

If a license on any vehicle embraced by this section is issued be-
tween April first and June thirtieth, the tax shall be three-fourths of
the amount which would have been payable had the license been issued
effective January first next preceding, and for licenses issued during
the third and fourth quarters of any calendar year the tax shall be at
the rate of one-half and one-fourth, respectively, of the rate charge-
able for the full year.

Subsection (h). Carriers holding class “C” certificates, or carriers
engaged in operations similar to those conducted by the holders of
class “C” certificates shall pay quarterly to the State treasurer on or
before the first day of April and July, October, and January the first
in addition to the license taxes specified in subsection (g) a road tax,
which shall be computed at the rate of one and one-half per centum
(134%) of the total gross transportation receipts of such carriers aris-
ing out of operations in Virginia for the quarter next preceding the
quarter year in which the tax is due and payable. This tax, which is
imposed as a specific charge for the use of the roads by such motor
vehicle property carriers shall, together with the license tax provided
for in subsection (g), be in lieu of all other taxes whatsoever to be
laid by the State against such carriers for the use of the highways and
their operation thereon. Nothing herein shall be construed to relieve
any carrier from the payment of any motor vehicle fuel tax now or
hereafter prescribed by law, nor shall anything herein be construed
to preclude any city or town through which such carriers operate from
imposing a license fee or license tax on such motor vehicle carriers for
the use of the streets, roads, or routes, including bridges other than
toll bridges, maintained by such cities or towns, not in excess of one-
fifth of one cent per ton mile computed on the number of miles the
motor carrier operates over regular routes within such city or town.

Subsection (i). In the case of certificate “C” carriers, or carriers
engaged in operations similar to those conducted by holders of class
“C” certificates, whose operations are wholly intrastate, the road tax
specified in subsection (h) shall be computed upon the entire gross
transportation receipts earned by such carriers for the twelve months
ending December thirty-first next preceding the year in which the tax
is due and payable. :

In the case of certificate “C’’ carriers, or carriers engaged in opera-
tions similar to those conducted by holders of class “C” certificates,
whose operations are conducted both in this State and between this
State and other states or the District of Columbia, or wholly between
this State and other states or the District of Columbia, the amount of
gross receips upon which the road tax specified in subsection (h)
shall be levied, shall be such proportion of the gross transportation
receipts arising from operations of the carrier conducted within and
without the State as the total number of miles traveled by the ve-
hicles of the carrier in Virginia during the quarter ending April, July,
October and January first next preceding the quarter year in which
the tax is due and payable bears to the total number of miles traveled
by the vehicles of such carrier within and without Virginia during
the same period, such mileage to include that traveled within the cor-
porate limits of cities and towns in addition to that traveled on the
highways of the State. Provided, that where the road tax computed
under this method shall be in excess of a tax levied at the rate of one
cent per mile for each and every mile traveled on the public highways
of Virginia by the vehicles of any carrier during the twelve months
ending December thirty-first next preceding the year in which the tax
is due and payable, then the amount of the tax to be collected from
such carrier shall be that which is determined by the latter computa-
tion, it being the purpose of this act to exact no more than a just and
fair payment from motor vehicle carriers for the use of the highways
of the State. |

The minimum tax to be imposed under the provisions of subsec-
tions (h) and (i) of this section shall be fifty dollars ($50).

Subsection (j). The road taxes imposed under the provisions of
this act shall be applied wholly and exclusively to the maintenance of
the highways of the State.

Section 9. The director, division of motor vehicles, shall be
charged with the administration of such portions of this act as are
herein placed under his jurisdiction, and may require such reports and
make such investigations as shall be deemed necessary by him in order
to properly enforce the provisions hereof. The State corporation com-
mission shall supervise and administer the provisions of the law im-
posing the road tax herein provided for, and is hereby authorized to
promulgate such rules and regulations and to require such reports and
statements and to inspect such records of the carrier at such times as
may be necessary for a proper computation and ascertainment of the
taxes due. |

Section 10. Every officer, agent or employee of any corporation,
and every other person who violates or fails to comply with, or who
procures, aids, or abets in the violation of any provision of this act,
or who fails to obey, observe, or comply with any lawful order, de-
cision, rule or regulation, direction, demand or requirement of the
commission or any part or provision thereof, shall be guilty of a mis-
demeanor, and punishable by a fine of not less than fifty dollars ($50)
nor exceeding five hundred ($500) dollars recoverable before any
justice of the peace or court of competent jurisdiction.

Section 11. If any section, subsection, sentence, clause or phrase
of this act is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this act.

Section 12. All acts or parts of acts, in so far as the same con-
flict herewith, shall be and the same are hereby, repealed, but nothing
herein shall be construed to relieve any motor vehicle carrier as herein
defined from any regulation otherwise imposed by law or lawful au-
thority.

Section 13. The provisions of this act shall become effective on
January first, nineteen hundred and thirty-one.