Chap. 359.—An ACT to define motor vehicle carriers, to provide for the regulation,
supervision and control of persons, firms, corporations and associations owning,
controlling, operating or managing motor vehicles used as common carriers
for the transportation of persons or property for compensation on the public
highways of this State; to provide for the regulation of the rates thereof; and
to provide for the enforcement of this act and for punishment of violations

thereof. [S B 322]
Approved March 26, 1932

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

Section 1. Definitions—-Whenever used in this act unless ex-
pressly stated otherwise:

(a) The term “corporation” means a corporation, company, as-
sociation, or joint stock association.

(b) The term “person” means an individual, a firm or co-partner-
ship.

(c) The term “commission” means the State corporation commis-
sion of the Commonwealth of Virginia.
(d) The term “motor vehicle” means any automobile, automobile
truck, automobile or motor bus, or any other self-propelling vehicle,
and any trailer or semi-trailer used in connection therewith, not
operated or driven upon fixed rails or tracks.

(c) The term “motor vehicle carrier” means every corporation
or person, their lessees, trustees, or receivers, owning, controlling,
operating or managing any motor vehicle used for the transportation
of passengers or property for hire as a common carrier over any public
highway, and/or between any incorporated communities in this State;
provided, however, that the term “motor vehicle carrier” shall not
include motor vehicles engaged exclusively in transporting persons or
property solely within the limits of any city or town in this State, nor
to any person, firm or corporation operating taxicabs or passenger
motor vehicles equipped with taximeters or to taxicabs or passenger
motor vehicles without taximeters operated at a flat rate, whose busi-
ness originates wholly within the corporate limits of any city or town
in this State, but who may occasionally operate beyond: said limits;
provided, further, that the term “motor vehicle carrier’ shall not in-
clude public passenger vehicles offered for hire and not conforming to
the definition of a taxicab and/or property carrying vehicle offered for
hire, whose business originates wholly within the corporate limits of
any city or town in this State and which are occasionally operated
beyond said limits.

(f) The term “public highway” means every public highway or
place of whatever nature open to the use of the public for purposes
of vehicular travel in this State, including the streets and alleys in
towns and cities.

(g) The term “certificate” means the certificate of public con-
venience and necessity and/or certificate of authority issued by the
commission to a motor vehicle carrier pursuant to the terms of this act.

Section 2. Operation to be governed by this act and by the com-
mission.—No motor vehicle carrier, as hereinbefore defined, shall oper-
ate any motor vehicle for the transportation of passengers or property
for compensation as a common carrier on any public highway in this
State except in accordance with the provisions of this act. Every such
motor vehicle carrier is hereby declared to be subject to control,
supervision and regulation by the commission ; provided, however, that
no such motor vehicle carrier shall be deemed to possess the power of
eminent domain.

Section 3. Powers of the commission—The commission is hereby
vested with power and authority, in its discretion in so far as it deems
practicable, to supervise and regulate every motor vehicle carrier in
this State, to fix just and reasonable rates, fares and charges, and to
prescribe classifications, rules and regulations pertaining thereto, all of
which shall be just and reasonable; to regulate and supervise the
schedules, service, methods and hours of operating the same; and to
prescribe a uniform system and classification of accounts to be used,
which, among other things, shall set up adequate depreciation charges.
And if and when such accounting system shall have been promulgated
every motor vehicle carrier shall maintain its accounts in accordance
therewith. The commission is further vested with power and authority
to require the filing of annual and other reports and the submission of
all such records and information as may be reasonably necessary to the
commission in the exercise of the powers herein conferred upon it, and
to supervise and regulate motor vehicle carriers in all matters affecting
the relationship between them and the traveling and shipping public.
The commission is further authorized to prescribe rules and regulations
for the installation of safety devices on motor vehicles used by motor
vehicle carriers, and for the periodic inspection thereof; provided,
however, that no provision of this act shall be so construed as to
deprive any municipality within this State of any right conferred upon
it by law to regulate and control the use of its streets or to regulate
and control all motor propelled vehicles operating within its corporate
limits.

Section 4. Certificates—(a) Except as hereinafter provided no
motor vehicle carrier, as hereinbefore defined, shall hereafter operate
over the public highways of this State for the transportation of persons
or property for compensation without first having obtained from the
commission a certificate declaring the public convenience and necessity
require such operation ; provided, however, that all existing certificates
shall remain in full force and effect until revoked, cancelled or sur-
rendered in the manner provided by law.

(b) Upon the filing of an application for a certificate of public
convenience and necessity, except as herein otherwise provided, the
commission shall, within a reasonable time, fix a time and place for
hearing thereon, and shall cause a copy of such application and notice
of hearing to be served at least twenty days before the hearing on an
officer or owner of every common carrier of passengers, if the applicant
seeks to be a passenger carrier, or of property, if the applicant seeks
to be a property carrier, including railroads and every certificated motor
vehicle carrier operating in the territory proposed to be served by the
applicant, and on the State highway commission, and on the mayor or
principal officer of any city or town, and on the chairman of the board
of supervisors of any county into or through which the applicant may
desire to operate. All parties upon whom such application and notice
of hearing may be served, and all other parties who may for any rea-
son have an interest in said proceedings, may offer testimony for or
against the granting of such certificates. If the commission shall find
from the evidence that public convenience and necessity require the
proposed operation, or such part thereof as the commission shall deter-
mine, a certificate therefor shall be issued subject to such terms, re-
strictions and limitations as the commission deems proper. If the
commission shall find from the evidence that public convenience and
necessity do not require the proposed operation, the certificate applied
for shall be denied; provided, however, that no certificate shall be
granted to an applicant proposing to operate over the route of any
holder of a certificate on the ground that the service rendered by such
certificate holder is inadequate unless said certificate holder shall be
given reasonable time and opportunity to furnish such additional service
as may be required.

(c) Upon the sale, transfer or assignment of the business, rights
and assets of any motor vehicle carrier operating under a certificate
theretofore issued to it, said certificate may be transferred to the pur-
chaser, transferee, or assignee, upon. a showing to the commission by
such purchaser, transferee, or assignee, with or without a hearing, as
the commission may direct, that such purchaser, transferee or assignee
can and will comply with the provisions of this act.

(d) In determining whether the certificate required by this act
shall be granted the commission may, among other things, consider the
following:

First. Whether existing transportation service of all kinds is
adequate to meet the reasonable public needs.

Second. The volume of existing traffic over the route proposed
by the applicant.

Third. The financial ability of the applicant to furnish such ade-
quate service as will be required by the certificate applied for.

Fourth. The effect and burden on the public highways and on the
traffic already carried by such highways and bridges.

Fifth. The effect on existing transportation, revenues and service
of all kinds, and particularly whether the granting of such certificate
will or may seriously impair such existing service.

Sixth. Nothing in this act shall be so construed as to prevent the
commission from granting a certificate where it appears to the com-
mission that the public convenience or necessity demands the proposed
service.

(e) The commission shall have full power to determine the forms
and classification of certificates issued as herein provided and to adopt
and promulgate rules prescribing the manner and form in which motor
vehicle carriers shall apply for the certificates required by this act.
The application shall be in writing, and, among other things, shall
contain:

First. Full information concerning the ownership and financial
condition of the applicant.

Second. The equipment proposed to be used, including the size,
weight and capacity of each vehicle.

Third. A complete description of the route or routes over which
the applicant proposes to operate.

Fourth. The time schedule proposed for such operations, if any.

Fifth. Copies of tariffs, naming the rates and fares proposed to be
charged, and the classification, if any, to be used.

Sixth. A statement of all transportation agencies known to the
applicant operating in the territory proposed to be served.

Seventh. A brief statement of the reasons why the service proposed
by the applicant is needed.
- Eighth. Any such other or additional information as the commis-
sion shall order or require.

Section 5. Rates, fares and charges; discrimination.—All rates,
fares, charges and classifications made by any motor vehicle carrier,
and/or prescribed, fixed and approved by the commission, shall comply
with the provisions of this act: ,

(a) All rates, fares, charge and classifications made by any motor
vehicle carrier for any services rendered or to be rendered in the
transportation of passengers or property wholly within this State shall
be just and reasonable and shall be contained in tariffs filed with and
approved by the commission, and every rate, fare, charge and classifica-
tion in violation of such tariffs is prohibited and declared unlawful.
The commission shall require each motor vehicle carrier to keep open
for public inspection so much of every filed tariff as it deems necessary
for public information. Whenever, after due hearing upon its own
motion, or upon complaint of any party in any manner affected there-
by, any such rates, fares, charges or classifications are found to be un-
reasonable, the commission shall prescribe reasonable rates, fares,
charges and classifications in lieu of those found unreasonable, and
thereupon new tariffs conforming to the changes required by the com-
mission shall be filed. No rates, fares, charges or classifications filed
with the commission shall be changed or altered without the authority
of the commission. |

(b) In prescribing rates to be charged by motor vehicle carriers
for the transportation of passengers or property the commission may
take into consideration, among other things, the kind, character and
value of service to be performed and the effect of such rates upon
other transportation companies, directly in competition with such motor
vehicle carriers, if any, and as far as possible avoid unreasonable com-
petition with such transportation companies.

(c) Every motor vehicle carrier subject to the provisions of this
act receiving property for transportation originating and terminating in
this State, shall issue to the shipper a receipt or bill of lading therefor,
and shall be liable to the lawful holder thereof for any loss, damage
or injury to such property caused by it; and no contract, stipulation,
receipt, rule or regulation contained in said receipt or bill of lading,
or otherwise, shall exempt such motor vehicle carrier from the liability
hereby imposed; but nothing in this subsection (c) shall deprive any
holder of such receipt or bill of lading of any remedy or right of action
which he has under existing law. Every bill of lading or way bill issued
to the shipper shall state the kind or kinds and class or classes of freight
or express shipped and the rate to the point of destination and the
ageregate charge for the transportation. The commission may prescribe
the forms and contents of bills of lading, receipts, expense bills and
other records; to be used by motor vehicle carriers subject to the
provisions of this act and make all proper rules and regulations with
respect thereto which may be necessary or proper to secure the safe
receipt, handling, transportation and delivery of property by motor
vehicle carriers upon just and reasonable terms, and such records shall
be subject to inspection by the commission.

(d) It shall be unlawful for any motor vehicle carrier, subject to
the provisions of this act, to make or give any undue or unreasonable
preference or advantage to any particular person, company, firm, cor-
poration or locality, or to any particular description of traffic or com-
modity which such motor vehicle carrier is equipped or authorized to
handle, or to subject any particular person, company, firm, corporation
or locality, or any particular description of traffic or commodity which
he is equipped or authorized to handle, to any undue or unreasonable
prejudice or disadvantage in any respect whatsoever; and it shall be
unlawful for any person or corporation to offer, grant or give, or to
solicit, accept or receive, any rebate, concession or discrimination in
respect of the transportation of any passenger or property by any
motor vehicle carrier whereby any such passenger or property shall, by
any device whatsoever, be transported at a less rate than that named
in the tariff published and filed by such motor vehicle carrier or where-
by any other advantage is given or discrimination is practiced.

(e) No motor vehicle carrier shall charge or demand or collect
or receive a greater or less or different compensation for the transporta-
tion of passengers or property or for any service in connection there-
with than the rates and charges which have been duly approved there-
for by an order of the commission; nor shall any motor vehicle carrier
refund or remit in any manner or by any device any portion of the rates
and charges required to be collected, nor extend to any shipper or
person any privilege or facilities in the transportation of passengers or
property, except such as have been provided for in its published tariffs
or by an order of the commission. ,

Section 6. Penalty and revocation of certificate for violations.—
The commission may, at any time, by its order, duly entered after a
hearing had upon notice to the holder of any certificate issued here-
under, at which hearing it shall be proved that such holder has willfully
made any misrepresentation of a material fact in obtaining a certificate,
or has violated or refused to observe any provision of this act, or any
other law of this State governing the operation of such holder, or any
of the terms of a certificate, or any of the commission’s proper orders,
rules or regulations, or has failed or refused to pay all license, fran-
chise, registration or other fees and taxes then owing by such holder,
impose a penalty not exceeding five hundred dollars, which penalty may
be collected by the process of the commission as provided by law, or
the commission may suspend, revoke, alter or amend any certificate is-
sued under the provisions of this act; provided, however, that upon
the imposition of such penalty or upon the suspension, revocation,
alteration or amendment of a certificate the holder thereof shall have
the right of appeal to the supreme court of appeals of Virginia as in
other cases of appeals from the commission.

Section 7. Insurance policy or bond.—No certifiacte shall be issued
by the commission to any motor vehicle carrier until and after such
motor vehicle carrier shall have filed with, and the same has been ap-
proved by, the commission an insurance policy or bond in some insur-
ance company or association or other insurer authorized to transact
business in this State, in such amount as the commission may deter-
mine. Such insurance or bond shall obligate the insurer or surety
to pay any final judgment in the case of an intrastate motor vehicle car-
rier, for damages sustained by the passengers, shippers or consignees
for injury to passengers or for loss or damage to property entrusted
to such motor vehicle carrier, and in the case of all motor vehicle car-
riers for injuries to persons and loss of or damage to property result-
ing from the negligent operation of any vehicle of such motor vehicle
carrier, while operating in this State. Said insurance policy or bond
shall be kept in full force and effect, and failure so to do shall be cause
for the revocation or suspension of such certificate.

Section 8. Discontinuance or abandonment of operation—No
motor vehicle carrier authorized under the provisions of this act to
operate in intrastate commerce within this State shall abandon or dis-
continue, either temporarily (except in cases of emergency) or perman-
ently, any intrastate service established under the provisions of this
act without an order of the commission that the public convenience and
necessity permit such abandonment or discontinuance, which said order
shall be granted by the commission only after hearing upon due notice
as provided in the case of applications for certificates of convenience
and necessity.

Section 9. Interstate and foreign commerce.—(a) The provisions
of this act shall apply to motor vehicle carriers engaged in the trans-
portation of passengers and property in interstate and foreign com-
merce, provided, however, that the certificate required by section four
of this act shall be designated as a certificate of authority and shall be
granted as a matter of right to any applicant who proposes to engage
exclusively in such transportation upon a showing that such applicant
has complied, or will comply, with all laws of this State and regula-
tions of the commission and of any other duly authorized agency
designed to promote safety of operation, to preserve highways and
bridges and to protect and indemnify persons and property from injury
and damage, as provided in this act, caused by the negligent operation
of vehicles by such applicant, his agents or servants; provided, further,
that if the applicant is a nonresident of this State, before any such cer-
tificate is issued the applicant shall by power of attorney appoint the
clerk of the commission agent for the applicant on whom service of
process may be made; provided, further, that the commission shall have
no power to fix, approve or otherwise regulate the rates, fares, charges
or classifications made for or in respect of the transportation of persons
or property in interstate or foreign commerce; provided, further, that
no tax, license fee or charge of any kind whatsoever shall be imposed
upon motor vehicle carriers for the privilege or right of engaging in
interstate or foreign commerce; and provided, further, that the provi-
sions of this act as to the regulation and operation of motor vehicle
carriers in interstate or foreign commerce shall be so construed as not
to conflict with the provisions of the Constitution of the United States
or any present or future act of congress passed pursuant thereto.

(b) In the event that any act of congress shall be passed regulat-
ing or affecting the interstate operation of motor vehicle carriers, the
commission shall have the power to exercise any authority delegated to
the commission by such act.

Section 10. Commission to determine whether carrier subject to
the act—The commission upon due hearing shall have power to deter-
mine whether any vehicle used for the transportation of persons or
property for compensation over the highways of this State is a motor
vehicle carrier within the meaning of this act.

Section 11. Penalty for violations——-Every officer, agent or em-
ployee of any corporation, and every other person who violates or
fails to comply with, or who procures, aids, or abets 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 or provision thereof, shall
be guilty of a misdemeanor, and punishable by a fine of not less than
twenty-five dollars nor exceeding five hundred dollars.

Section 12. Provisions severable—If any section, subsection, or
provision of this act shall be found invalid by any court it shall be con-
clusively presumed that this act would have been passed by the legisla-
ture without such invalid section, subsection, or provision, and the act
as a whole shall not be declared invalid by reason of the fact that one
or more sections, subsections or provisions may be found to be invalid
by any court.

- Section 13. Conflicting acts repealed—All acts or parts of acts, or
sections of the Code of Virginia, insofar as the same conflict herewith,
shall be, and the same are hereby, repealed. In the event of any
apparent conflict between the provisions of this act and of any other
act or acts passed at the regular session of the general assembly of the
year nineteen hundred and thirty-two, the provisions of this act shall
be deemed to govern and control the regulation and operation of motor
vehicle carriers as herein defined; but nothing herein shall be con-
strued to relieve any motor vehicle carrier as herein defined from any
regulation otherwise imposed by law or lawful authority.