Chap. 267.——An ACT to define air carriers and air transportation brokers; to pro-
vide for the regulation, supervision, and control of persons, firms, corporations,
and associations, owning, controlling, operating, or managing aircraft used
for intrastate air transportation of persons or property for compensation or
hire or the carriage of mail by aircraft in the air space of this State, and of
air transportation brokers, whether such commerce moves wholly by aircraft
or partly by aircraft and partly by other forms of transportation; to provide for
the regulation of the rates thereof; to provide for and/or regulate and/or con-
trol the operation of, and the charges, rates, or services imposed by any person,
firm, or corporation operating aircraft for compensation in the air space of this
State; to provide for the enforcement of this act, and for the punishment of
violations thereof. [S 4]

Approved March 17, 1944

Be it enacted by the General Assembly of Virginia:

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

(a) The term “person” means any individual, firm, co-partnership,
corporation, company, association or joint- -stock association, and in-
clude any trustee, receiver, assignee, or personal representative thereof.

(b) The term “commission” mean the State Corporation Commis-
sion of the Commonwealth of Virginia.

(c) The term “aircraft” means any contrivance now known or here-
after invented, used, or designed for navigation of or flight in the air in
the transportation of passengers, property or mail.

(d) The term “common carrier by aircraft’? means any person who
or which undertakes, whether directly or by a lease or any other ar-
rangement, to transport passengers or property for the general public,
or mail by aircraft for compensation (wholly within the air space of
this State), whether over regular or irregular routes, including such
aircraft. operations of carriers by rail, water or motor vehicle, and of
express or forwarding companies under this act.

(e) The term “restricted common carrier by aircraft” means any
person who or which undertakes, whether directly or by a lease or other
arrangement, to transport passengers or property of any restricted class
or classes by aircraft for compensation, whether over regular or irregu-
lar routes.

(f{) The term ‘ ‘contract carrier by aircraft” means any person, not
included under paragraphs (d) and (e) of this section, who or which,
under special and individual contracts or agreements, and whether di-
rectly or by a lease or any other arrangement, transports passengers or
property by aircraft for compensation and in the transportation of pas-
sengers does not charge individual fares.

(g) The term “air carrier” includes a common carrier by aircraft,
a restricted common carrier by aircraft, and a contract carrier by aircraft.

(h) The term “broker” means any person not included in the term
“air carrier” and not a bona fide employee or agent of any such carrier,
who or which, as principal or agent, sells or offers for sale any trans-
portation subject to this act, or negotiates for, or holds himself or itself
out by solicitation, advertisement, or otherwise as one who sells, pro-
vides, furnishes, contracts, or arranges for such transportation.
(1) The “services” and “transportation” to which this act applies
include all aircraft operated by, for, or in the interest of any air carrier
Irrespective of ownership or contract, express or implied, together with
all facilities and property operated or controlled by any such carrier or
carriers and used in the transportation of passengers, property or mail
or in the performance of any service in connection therewith.

(j) The term “certificate” means a certificate of public conveni-
ence and necessity issued by the commission to common carriers by air-
craft and restricted common carriers by aircraft under this act.

(k) The term “permit” means a permit issued by the commission
to contract carriers by aircraft under this act.

(1) The term “warrant” means the warrant issued by the com-
mission for each aircraft under this act.

(m) The term “airport’’ means a landing area used regularly by
aircraft for receiving or discharging passengers or cargo, and open to
the public for such use.

(n) The term “landing area” means any locality, either of land or
water, including airports and intermediate landing fields, which is used,
or intended to be used, for the landing and takeoff of aircraft, whether
or not facilities are provided for the shelter, servicing, or repair of air-
craft, or for receiving or discharging passengers or cargo, and open to
the public for such use.

(o) The term “airspace” means all air space above the lands and
waters within the boundary of this State.

Section 2. This act shall not be construed to cover or include air-
craft used exclusively in transporting or handling United States mail,
or aircraft while used exclusively in interstate commerce.

Section 3. No air carrier, as defined herein, shall operate any air-
craft for the transportation of passengers or property for compensation
in the air space of this State except in accordance with the provisions of
this act, and every such air carrier is hereby declared to be subject to
control, supervision and regulation by the commission. Nothing in this
act shall confer any proprietary or property rights in the use of the air
space of this State.

Section +. The commission shall have the power and be charged
with the duty of supervising, regulating and controlling all air carriers,
doing business in this State, in all matters relating to the performance
of their public duties and their charges therefor, and of correcting
abuses therein by such air carriers; and to that end the commission
shall, from time to time, prescribe reasonable rules, regulations, forms
and reports for such air carriers in furtherance of the administration and
operation of this act ; and the commission shall have the right at all times to
require from such air carriers special reports and statements, under oath,
concerning their business; and shall, from time to time, make and en-
force such requirements, rules and regulations as may be necessary to
prevent unjust and unreasonable discriminations by any air carrier in
favor of, or against, any person, locality, community or connecting car-
rier in the matter of service, schedule, efficiency or transportation or
otherwise, in connection with the public duties of such air carriers ; and
the commission shall have power and it shall be its duty to administer
and enforce all provisions of this act, and to prescribe reasonable rules,
regulations and procedure looking to that end.

Before the commission shall prescribe or fix any rate, charge, or
classification of traffic, and before it shall make any order, rule, regulation
or requirement directed against any one or more air carriers by name, the
air carrier or air carriers to be affected by such rate, charge, classifica-
tion, order, rule, regulation or requirement shall first be given, by the
commission at least ten days’ notice of the time and place when and
where the contemplated action in the premises will be considered and
disposed of, and shall be afforded a reasonable opportunity to introduce
evidence and to be heard thereon, to the end that justice may be done,
and shall have process to enforce the attendance of witnesses ; and before
the commission shall make or prescribe any general order, rule, regula-
tion or requirement, not directed against any specific air carrier or air
carriers by name, the contemplated general order, rule, regulation or
requirement shall first be published in substance, not less than once a
week for two consecutive weeks in one or more of the newspapers of
general circulation published in the city of Richmond, Virginia, to-
gether with notice of the time and place when and where the commis-
sion will hear any objections which may be urged by any persons in-
terested, against the proposed order, rule, regulation or requirement ;
and every such general order, rule, regulation or requirement made by
the commission shall be published at length in the final form approved
and adopted by the commission, once in a newspaper of general circula-
tion published in the city of Richmond, Virginia, before it shall go into
effect, and shall also, as long as it remains in force, be published in each
subsequent annual report of the commission ; and,

The commission shall also have the power and be charged with the
duty to regulate brokers and to make and enforce reasonable require-
ments respecting their licenses, financial responsibility, accounts, records,
reports, operations and practices.

Section 5. No member of the commission, or any employee of the
commission appointed or employed in the administration of this act shall
in any manner have pecuniary interest in, own any securities of, or hold
any position with any air carrier, motor carrier, railroad, steamboat or
canal company.

Section 6 (a) No common carrier by aircraft or restricted com-
mon carrier by aircraft (not herein exempted) shall engage in intra-
state operation in the air space of this State without first having obtained
from the commission a certificate of public convenience and necessity
authorizing such operation.

(b) The commission shall prescribe the form of the application for
a certificate of convenience and necessity, and such reasonable require-
ments as to notices, publication, proof of service and information as
may in its judgment be necessary.

(c) Every air carrier, upon filing with the commission an applica-
tion for a certificate, shall deposit with the commission as a filing fee
the sum of fifty dollars, and for the transfer of such certificates the sum
of fifty dollars, and for the issuance of a duplicate certificate the sum of
five dollars; provided, however, that an applicant for a certificate in
lieu of an existing certificate, as provided by law, shall not be required
to pay the fees prescribed in this section.

(d) Upon the filing of an application for a certificate of public con-
venience and necessity, the commission shall, within a reasonable time,
fix a time and place of hearing of such application. If the commission
shall find the proposed operation justified it shall issue a certificate to
the applicant, subject to such terms, limitations and restrictions as the
commission may deem proper. If the commission shall find the pro-
posed operation not justified, the application shall be denied. No certifi-
cate shall be granted to an applicant proposing to operate over the route
and between the same termini of any holder of a certificate when the pub-
lic convenience and necessity with respect to such route is being adequate-
ly served by such certificate holder; and no certificate shall be granted
to an applicant proposing to operate over the same route and between
the same termini of any holder of a certificate unless and until it shall
be proved to the satisfaction of the commission that the service rendered
by such certificate holder, over the said route and between the points
on the said route, is inadequate to the public needs; and if the commis-
sion shall be of opinion that the service rendered by such certificate holder
over the said route and between the points on the said route is in any
respect inadequate to the public needs, such certificate holder shall be
given reasonable time and opportunity to remedy such inadequacy be-
fore any certificate shall be granted to an applicant proposing to operate
over such route. ©

(e) In determining whether the certificate required by this act shall
be granted the commission may, among other things, consider the pres-
ent transportation facilities over the proposed route of the applicant,
the volume of traffic over such route, the financial condition of the ap-
plicant, the topography of the terrain over the proposed route or routes,
the class of airport and the condition of all landing areas and airports on
the proposed route or routes, and the kind and condition of servicing
equipment and all attendant facilities of airports on the proposed route
or routes.

(f) A common carrier by aircraft, or a restricted common carrier
by aircraft, operating under a certificate issued by the commission may
occasionally deviate from the route over which it is authorized to operate
under the certificate, under such general or special rules and regulations
as the commission may prescribe.

No air carrier shall be deemed to have violated any term, condition,
or limitation of its certificate by landing or taking off during an emer-
gency at a point not named in its certificate or by operating in an emer-
gency, under regulations which may be prescribed by the commission,
between terminal and intermediate points other than those specified in
its certificate.

(zg) A certificate for the transportation of passengers may include
authority to transport in the same aircraft with passengers, the bag
of such passengers, newspapers, express parcels, or United States mail,
when authorized to do so by the commission, provided that the total
weight of the aircraft and its contents shall not exceed that weight au-
thorized by the “Operations Record’’ of individual aircraft.

(h) <Any common carrier by aircraft transporting passengers under
a certificate issued by the commission may operate to any place special
or chartered parties, under such reasonable rules and regulations as the
commission may prescribe.

(i) A common carrier by aircraft or a restricted common carrier
by aircraft operating under a certificate issued by the commission shall
not make any change in schedules or service without having first re-
ceived the approval of the commission for such range in schedules
or service.

Section 7, (a) No person shall operate or engage in ‘the business
of a contract carrier by aircraft intrastate in the air space of this State
unless such person has secured from the commission a permit authoriz-
ing such operation or to engage in such business.

(b) Any person desiring a permit under this act shall file with the
commission an application in the form prescribed by the commission with
a fee of ten dollars, which application shall contain a promise of compli-
ance by the applicant with the provisions of this act and with the lawful
rules and regulations of the commission governing the operations of
contract carriers by aircraft in the air space of the State of Virginia;
which application may be filed with the commission by the applicant in
person or transmitted by registered mail; and upon satisfying the com-
mission that the provisions of this act and the lawful rules and regula-
tions of the commission adopted pursuant hereto, which are prerequisite
to the granting of a permit, have been complied with, the commission
shall issue such permit to such applicant without further proceedings.

If application is made for a permit under this section, the applicant
may continue his operations for a period not to exceed sixty days from
the effective date of this act, or postponed effective date of this section,
without a permit from the commission, but shall not thereafter operate
unless and until a proper permit authorizing such operation has been
issued by the commission.

(c) A contract carrier of property may transport on any one air-
craft property of not more than two consignors at the same time, and for
purposes of this section the word “consignors” means the bona fide
owner of the property transported at the time of shipment, who has
made the contract of shipment with the carrier.

(d) Residents and non-residents of this State may operate aircraft
for hire, limited to the vicinity of any airport in the State and not to
operate beyond a ten-mile radius of the airport, provided the resident of
the State has a licensed aircraft and is properly authorized as a pilot, and
provided the non-resident and aircraft so operated have been licensed
under any law of the State in which such non-resident resides, relative
to aircraft.and the operation thereof, and provided further such opera-
tion: shall be in accordance with the rules and regulations of the State
Corporation Commission, and in each case tke resident or non-resident
performing such limited for-hire service shall obtain a special permit
for such operation from the commission, and the commission may place
such reasonable limitation or restriction in such special permit as found
proper in each case. Application for a permit in cases of this kind shall
be accompanied by a fee not to exceed five dollars.

Section 8. The commission may by a written order authorize the
transportation of both passengers and property in the same aircraft:
provided, that the points for which such transportation 1s proposed are
not being served by any other common carrier, and that the service pro-
posed is at least ten miles from the route served by any such 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.

Section 9. (a) No person shall for compensation sell or offer tor
sale transportation subject to this act or shall make any contract, agree-
ment, or arrangement to provide, procure, furnish, or arrange for such
transportation or shall hold himself or itself out by advertisement, solict-
tation, or otherwise as one who sells, provides, procures, contracts. or
arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions ; provided,
however, that no such persons shall engage in transportation subject to
this act unless he holds a certificate or permit as provided in this act.
In the execution of any contract, agreement, or arrangement to sell, pro-
vide, procure, furnish, or arrange for such transportation, it shall be un-
lawful for such person to employ any aircraft who or which is not the
lawful holder of an effective certificate or permit issued as provided in
this act; and provided, further, that the provisions of this paragraph
shall not apply to any carrier holding a certificate or permit under the
provisions of this act or to any bona fide employee or agent of such car-
rier, so far as concerns transportation to be furnished wholly by such
carrier or jointly with other air carriers holding like certificates or per-
mits, or with a common carrier by railroad, motor vehicle, express or
water; nor shall it apply to any air carrier not engaged in intrastate op-
erations or to any bona fide employe of such carrier.

(b) The commission shall prescribe the form of application and
such reasonable requirements and information as may in its judgment
be necessary, and may assess a fee of ten dollars for filing.

(c) Upon the filing of an application for a license the commission
may fix a time and place for the hearing of the application and require
such notices, publication, or other service in its discretion necessary. If
the commission finds the application proper and in the public interest it
shall issue a license, subject to such terms, limitations and restrictions
as the commission may deem proper.

(d) The commission shall have the same authority over persons op-
erating under and holding a brokerage license as it has over air car-
riers under this act, and shall require a broker to furnish bond or other
security approved by the commission and sufficient for the protection of
travelers or shippers by aircraft.
Section 10. Certificates, permits and licenses shall be effective from
the dates specified therein and shall remain in effect until terminated as
herein provided. The commission may at any time, by its order duly
entered after hearing had upon notice to the holder of any certificate, per-
mit or license hereunder, and an opportunity to such holder to be heard,
at which it shall be proved that such holder has wilfully made any mis-
representation of a material fact in obtaining such certificate, permut or
license, or has wilfully violated or refused to observe the laws of this
State touching such certificate, permit or license, or any of the terms of
his certificate, permit or license, or any of the commission's proper orders,
rules or regulations, impose a penalty not exceeding one thousand dollars,
which may be collected by the process of the commission as provided
by law, or the commission may suspend, revoke, alter or amend any
such certificate, permit or license for anv violations as set forth above;
provided however, that no such certificate, permit or license shall be
revoked, altered or amended (except upon application of the holder there-
of) unless the holder thereof shall wiltully fail to comply, within a
reasonable time, to be fixed by the commission, with a lawful order of
the commission or with a lawful rule or regulation of the commission,
or with any term, condition or limitation of such certificate, pernut or
license, found by the commission to have been violated by such holder.
Proceedings looking to the imposition of any penalty provided for here-
in may be commenced upon the complaint of any person or upon the com-
mission's own initiative. From any order of the conmiission suspending,
revoking, altering or amending any certificate, permit or license, the
holder thereof shall have the right of appeal to the Supreme Court of
Appeals of Virginia, as a matter of right, as in other cases of appeals
from the commission.

Section 11. Any certificate may be transferred or leased subject to
the approval of the commission, and under such reasonable rules and
regulations as may be prescribed by the commission. The application
shall be made jointly by the transferor and transferee, seller and purchas-
er, or aSsignor and assignee, lessor and lessee.

Provided that no certificate shall be transferred, leased or otherwise
disposed of where any consideration is paid or promised which exceeds
the then value of the tangible property so disposed of. No value shall be
allowed for any purpose for any certificate issued under this act.

Section 12. (a) No certificate or permit shall be issued by the com-
mission to any air carrier until and after such air carrier shall have filed
with, and the same has been approved by, the commission, an insurance
policy or bond in some insurance company or association or other insurer
authorized to transact business in this State, or bonds to an amount ap-
proved by the commission, of the State of Virginia, of the United States
of America, or of any municipality in the State of Virginia, which State,
Federal, or municipal bonds shall be deposited with the Treasurer of the
State of Virginia, and such surety shall not be reduced during the life
of such certificate or permit, except in accordance with an order of the
commission.
(b) Each holder of a certificate or permit issued by the commis-
sion shall keep in force at all times insurance, bond or bonds, in an
amount required by the commission ; provided, however, that the amount
of the insurance policy or bond required by the commission under this
section of any aircraft used in the transportation of property alone shall
in no case exceed the following: Five thousand dollars for death or in-
jury to any one person; twenty thousand dollars total public liability for
any one accident; property damage, five thousand dollars; and cargo
liability for three tons and under, five hundred dollars; and, for more
than three tons, one thousand dollars; provided, however, that a holder
of a permit issued by the commission shall not be required to file any
cargo insurance, bond or bonds for cargo liability for the hauling of
property and/or any insurance for protection of passengers transported
under contract.

(c) Each holder of a certificate or permit issued by the commission
shall keep on file with the commission, insurance policy or bond in some
insurance company or association or other insurer authorized to trans-
act business in this State, and said insurance or bond filed with the com-
mission shall be kept in full force at all times, and said insurance policy
or bond shall remain in the files of the commission six months after said in-
surance or bond has expired or is cancelled for any cause. If Federal,
State or municipal bonds are deposited with the Treasurer of the State
in lieu thereof, said bonds shall remain so deposited until six months
after the authority for use of equipment insured has expired or is can-
celled for any cause, unless otherwise ordered by the State Corporation
Commission.

(d) The insurance, bond, or other security, shall obligate the in-
surer or surety to pay any final judgment for damages sustained by the
passengers, shippers, or consignees for injury to passenger or passengers,
or for loss or damage to property entrusted to such air carrier where
cargo policy is required, and for any and all injuries to persons and loss
of or damage to property resulting from the negligent operation of any
aircraft.

(e) Nothing in this act shall relieve any holders of certificate or
permit by and under the authority of the commission from any liability
resulting from his or its negligence, whether or not it has complied with
the requirements of this section, or any sub-sections.

({) YT ailure of any holder of a certificate or permit issued by and
under the authority of the commission to comply with any of the require-
ments of this section, shall be cause without further proceedings for the
revocation or suspension of the certificate or permit, and upon further
proceedings for the imposition of a fine not exceeding one thousand dol-
lars.

Section 13. (a) It shall be the duty of every common carrier or
restricted commion carrier of passengers by aircraft to establish reason-
able through routes with other such common carriers and to provide safe
and adequate service, equipment, and facilities for the transportation
of passengers; to establish, observe, and enforce just and reasonable
individual and joint rates, fares and charges and just and reasonable
regulations and practices relating thereto, and to the issuance, form,
and substance of tickets, the carrying of personal, sample, and excess
baggage, the facilities for transportation, and all other matters relating
to or connected with the transportation of passengers; and in case of
such joint rates, fares, and charges, to establish just, reasonable and
equitable divisions thereof as between the carriers participating therein
which shall not unduly prefer or prejudice any of such participating
carriers.

(b) It shall be the duty of every common carrier or restricted com-
mon carrier of property by aircraft to provide safe and adequate service,
equipment, and facilities for the transportation of property ; to establish,
observe, and enforce just and reasonable rates, charges, and classifica-
tions, and just and reasonable regulations and practices relating thereto
and to the manner and method of presenting, marking, packing, and
delivering property for transportation, the facilities for transportation.
and all other matters relating to or connected with the transportation of
property.

(c) Common carriers or restricted common carriers of property by
aircraft may establish reasonable through routes and joint rates, charges,
and classifications with other such carriers or with common carriers by
railroad, and/or motor vehicle, and/or express and/or water; and com-
mon carriers or restricted common carriers of passengers by aircraft
may establish reasonable through routes and joint rates, fares, or charges
with common carriers by railroad, and/or motor vehicle, and/or water.
In case of such joint rates, fares, or charges it shall be the duty of the
carriers parties thereto to establish just and reasonable regulations and
practices in connection therewith, and just, reasonable, and equitable
divisions thereof as between the carriers participating therein which
shall not unduly prefer or prejudice any of such participating carriers.

(d) It shall be unlawful for any common carrier or restricted com-
mon carrier by aircraft to make, give, or cause any undue or unreason-
able preference or advantage to any particular person, port, gateway,
locality, or.description of traffic in any respect whatsoever, or to sub-
ject any particular persons, port, gateway, locality, or description of
trafic to any unjust discrimination or any undue or unreasonable pre-
judice or disadvantage in any respect whatsoever; provided, however.
that this paragraph shall not be construed to apply to discriminations
prejudices or disadvantages to the traffic of any other carrier of what-
ever description.

(e) Any person, State board, organization, or body politic may
make complaint in writing to the commission that anv such rate, fare
charge, classification, rule, regulation, or practice, in effect or propose’
to be put into effect, 1s or w il be in violation of this section or of sec
tion fourteen. Whenever, after hearing, upon complaint or in an in-
vestigation on its own initiative, the commission shall be of the opinior
that any individual or joint rate, fare, or charge, demanded, charged, o1
collected by any common carrier or restricted common carrier or car-
riers by aircraft or by anv common or restricted common carrier or car.
riers by aircraft in conjunction with any common carrier or carriers hy
railroad, and/or motor vehicle, and/or express, and/or water, or any
classification, rule, regulation, or practice whatsoever of such carrier or
carriers affecting such rate, fare, or charge or the value of the service
thereunder, is or will be unjust or unreasonable, or unjustly discrimina-
tory or unduly preferential or unduly prejudicial, it shall determine and
prescribe the lawful rate, fare, or charge or the maximum or minimum,
or maximum and minimum, rate fare, or charge thereafter to be observed.
or the lawful classification, rule, regulation, or practice thereafter to be
made effective and the commission shall, whenever deemed by it to be
necessary or desirable in the public interest, after hearing, upon com-
plaint or upon its own initiative without a complaint, establish through
routes, and joint rates, fares, charges, regulations, or practices, applic-
able to the transportation of passengers by common or restricted com-
mon carriers by aircraft, or the maximum or minima or maxima and
minima, to be charged, and the terms and conditions under which such
through routes shall be operated.

({) Whenever, after hearing, upon complaint or upon its own
initiative, the commission is of opinion that the divisions of joint rates,
fares, or charges, applicable to the transportation of passengers or prop-
erty by common or restricted common carriers by aircraft or by such
carriers in conjunction with common carriers by railroad, and/or motor
vehicle, and/or express, and/or water are or will be unjust, unreason-
able, inequitable, or unduly preferential or prejudicial as between the
carriers parties thereto (whether agreed upon by such carriers, or any
of them, or otherwise established), the commission shall by order pre-
scribe the just, reasonable, and equitable divisions thereof to be received
by the several carriers, and in cases where the joint rate, fare, or charge
was established pursuant to a finding or order of the commission and the
divisions thereof are found by it to have been unjust, unreasonable, or
inequitable, or unduly preferential or prejudicial, the commission may
also by order determine what would have been the just, reasonable, and
equitable divisions thereof to be received by the several carriers, and
require adjustment to be made in accordance therewith. The order of
the commission may require the adjustment of divisions between the
carriers, in accordance with the order, from the date of filing the com-
plaint or entry of order of investigation or such other date subsequent
as the commission finds justified and, in the case of joint rates prescribed
by the commission, the order as to divisions may be made effective as a
part of the original order.

(g) Whenever there shall be filed with the commission any schedule
stating a new individual or joint rate, fare, charge, or classification for
the transportation of passengers or property by a common or restricted
common carrier or carriers by aircraft, or by any such carrier or carriers
In conjunction with a common carrier or carriers by railroad, and /or
motor vehicle, and/or express, and/or water, or any rule, regulation, or
practice affecting such rate, fare, or charge, or the value of the service
thereunder, the commission is hereby authorized and empowered upon
complaint of anv interested party or upon its own initiative, if it so orders.
without answer or other formal pleading by the interested carrier or
carriers, but upon reasonable notice, to enter upon a hearing concerning
the lawfulness of such rate, fare, or charge, or such rule, regulation, or
practice, and pending such hearing and the decision thereon the com-
mission, by filing with such schedule and delivering to the carrier or car-
riers affected thereby a statement in writing of its reasons for such sus-
pension, may suspend the operation of such schedule and defer the use
of such rate, fare. or charge, or such rule, regulation, or practice, for
a period of ninety days and if the proceeding has not been concluded and
a final order made within such period the commission may, from time
to time, extend the period of suspension by order, but not for a longer
period in the aggregate than one hundred and eighty days beyond the
time when it would otherwise go into effect ; and after hearing, whether
completed before or atter the rate, fare, charge, classification, rule, regu-
lation, or practice goes into effect, the commission may make such order
with reference thereto as would be proper in a proceeding instituted
after it had become effective. If the proceeding has not been concluded
and an order made within the period of suspension, the proposed change
of rate, fare or charge, or classification, rule, regulation, or practice, shall
go into effect at the end of such period; provided, that this paragraph
shall not apply to any initial schedule or schedules filed by any such
carrier in bona fide operation when this section takes effect.

(h) In any proceeding to determine the justness or reasonableness
of any rate, fare. or charge of any such carrier, there shall not be taken
into consideration or allowed as evidence or elements of value of the
property of such carrier, either good will, earning power, or the certifi-
cate under which such carrier is operating; and in applying for and re-
ceiving a certificate under this act any such carrier shall be deemed to
have agreed to the provisions of this paragraph, on its own behalf and
on behalf of all transferees or lessees of such certificate.

(1) In the exercise of its power to prescribe just and reasonable
rates for the transportation of passengers or property by common or
restricted common or restricted common carriers by aircraft the com-
niussion shall give due consideration, among other factors, to the inherent
advantages of transportation by such carriers; to the effect of rates upon
the movement of trafic by such carriers; to the need, in the public in-
terest, of adequate and efficient transportation service by such carriers
at the lowest cost consistent with the furnishing of such service; and to
the need of revenues sufficient to enable such carriers, under honest,
economical, and efficient management, to provide such service.

(j) Nothing in this section shall be held to extinguish any remedy
or right of action not inconsistent herewith.

Section 14. (a) Every common carrier and restricted common car-
rier by aircraft shall file with the commission, and print, and keep open
to the public inspection, tariffs showing all the rates, fares and charges
for transportation, and all services in connection therewith, of passengers
or property between points on its own route and between points on its
own route and points on the route of any other such carrier, or on the
route of any common carrier by railroad, and/or motor vehicle, and.‘or
express and/or water, when a through route and joint rate shall have
been established. Such rates, fares, and charges shall be stated in terms
of lawful money of the United States. The tariffs required by this sec-
tion shall be published, filed, and posted in such form and manner, and
shall contain such information, as the commission by regulations shall

rescribe ; and the commission is authorized to reject any tariff filed with
it which is not in consonance with this section and with such regulations.
Any tariff so rejected by the commission shall be void and its use shall
be unlawful.

(b) No common carrier or restricted common carrier by aircraft
shall charge or demand or collect or receive a greater or less or different
compensation for transportation or for any service in connection there-
with between the points enumerated in such tariff than the rates, fares,
and charges specified in the tariffs in effect at the time; and no such
carrier shall refund or remit in any manner or by any device, directly
or indirectly, or through any agent or broker or otherwise, any portion
of the rates, fares, or charges so specified, or extend to any person any
privileges or facilities for transportation except such as specified in its
tariffs.

(c) No change shall be made in any rate, fare, charge, or classifi-
cation, or any rule, regulation, or practice affecting such rate, fare, charge,
or classification, or the value of the service thereunder, specified in any
effective tariff of a common carrier or restricted common carrier by air-
craft, except after thirty days’ notice of the proposed change, filed and
posted in accordance with paragraph (a) of this section. Such notice
shall plainly state the change proposed to be made and the time when
such change will take effect. The commission may, in its discretion and
for good cause shown, allow such change upon notice less than that here-
in specified or modify the requirements of this section with respect to
posting and filing of tariffs either in particular instances or by general
order applicable to special or peculiar circumstances or conditions.

(d) No common carrier or restricted common carrier by aircraft,
unless otherwise provided by this act, shall engage in the transportation
of passengers or property unless the rates, fares, and charges upon which
the same are transported by said carrier have been filed and published
in accordance with the provisions of this act.

Section 15. (a) All air carriers operating in this State shall furnish
to the members and officers of the State Corporation Commission for
their official use while in office free transportation within this State and
shall, on the order of the commission, attested by its clerk, or on any
order signed by any member of the commission, furnish free transporta-
tion to the employees of the commission when traveling on official busi-
ness, and the order for such transportation, shall show that the same is
desired for official business.

(b) No air carrier subject to the provisions of this act, shall, directly
or indirectly, issue or give any free ticket, free pass or free transporta-
tion for passengers, but nothing in this section shall apply to the carriage,
storage or handling of property free or at reduced rates, when such rates
have been authorized or prescribed by the commission for the United
States, State or municipal governments, or for charitable purposes, or
to or from fairs and expositions for exhibition thereat, or the free car-
riage of homeless and destitute persons, and the necessary agents em-
ployed in such transportation, or to mileage, excursion, or commutation
passenger tickets; nor shall anything in this section be construed to pro-
hibit any air carrier from.giving reduced rates to ministers of religion,
or regular traveling secretaries of the Young Men’s Christian Associa-
tion or Young Women’s Christian Association, whose duties require regu-
lar travel in supervising and directing Young Men’s Christian or Young
Women’s Christian Association work; secretaries of duly organized re-
ligious work, or to indigent persons, or to inmates of the Confederate
homes or State homes for disabled soldiers and sailors, or to disabled
soldiers and sailors, including those about to enter, and those returning
home after discharge, or carrying the same free; nor from giving free
carriage to its own officers, employees, and members of their families,
representatives of the press and members of the State Highway Police
or to any other person or persons to whom the giving of such free car-
riage is not prohibited by the Constitution of Virginia, or to prevent the
principal officers of any air carrier from exchanging passes or tickets
with other air carriers or any rail, motor vehicle, steamship, or electric
railway companies for their officers, employees and members of their
families, nor from giving or furnishing free transportation to the persons
specified in subsection (a) of this section and as provided for in said
subsection.

Section 16. It shall be the duty of the manager, agent, or other proper
officer of every air carrier doing business or operating in this State
to make to the commission such report or reports as may be required by
it, under oath, of all accidents in this State resulting in injury to per-
sons, equipment, or property of any kind, under such rules and regula-
tions as may be prescribed by the commission.

Section 17. The enforcement of any provision of this act requiring
the use of police officers shall be under the Department of State Police.

Section 18. All waiting rooms, rest rooms and other public facilities
shall be kept in good and sanitary condition by the operators thereof, and
the commission shall have the right to inspect all waiting rooms, rest
rooms or other public facilities at any time, and after inspection may
require such changes as the commission may deem proper.

The commission may require the establishment of separate waiting
rooms at stations or depots for the white and colored races by the opera-
tors of said stations or depots.

Section 19. (a) Every person operating aircraft for compensation
in the air space of this State, shall secure from the commission a war-
rant for each aircraft so operated, and such warrant shall properly and
adequately describe the aircraft for which it is issued, under the form
to be prescribed by the commission.

(b) Upon a transfer of the operation of any such aircraft, the com-
mission shall be notified, and a new warrant issued in the name of the
operator or owner of such aircraft, and any warrant issued by the com-
mission for the aircraft in the name of the former operator shall be re-
turned to the commission for cancellation.
(c) Upon the purchase or lease of any aircraft for operation in the
4ir space of this State, the purchaser or proposed operator of such aur-
‘raft shall secure a warrant from the commission for such aircratt. _

(d) The commission may assess a fee not exceeding two dollars tor
each warrant issued by it.

(e) The warrant issued by the commission shall be carried at all
‘imes in a conspicuous place in the aircraft for which it is issued.

(f) In the event any aircraft is taken from service for any cause or
the insurance covering any such aircraft is not in effect the warrant for
such aircraft shall be returned to the commission.

Section 20. (a) The commission is hereby authorized to require
annual, periodical, or special reports from all air carriers except those
herein exempted, to prescribe the manner and form in which such re-
ports shall be made, and to require from such carriers specific answers
to all questions upon which the commission may deem information to be
necessary. Such reports shall be under oath whenever the commission
so requires. The commission may also require any air carrier to file with
it a true copy of each or any contract, agreement, or arrangement be-
tween such carrier and any other carrier or person in relation to any
traffic affected by the provisions of this act.

(b) The commission may, in its discretion, prescribe the forms of
any and all accounts, records, and memoranda to be kept by air carriers
and the length of time such accounts, records, and memoranda shall be
preserved, including the accounts, records, and memoranda of the move-
ment of traffic, as well as of the receipts and expenditures of money.
The commission or its employees shall at all times have access to all
lands, buildings, or equipment of air carriers used in connection with
their operation and also all accounts, records, and memoranda, including
all documents, papers, and correspondence now existing, and kept, or
required to be kept, by air carriers. The commission and its employee:
shall have authority to inspect and examine any and all such lands, build.
Ings, equipment, accounts, records, and memoranda, including all docu-
ments, papers, and correspondence now existing, and kept, or requirec
to be kept, by air carriers. The commission and its employees shall have
authority to inspect and examine any and all such lands, buildings, equip.
ment, accounts, records, and memoranda, including all documents, papers
and correspondence now or hereafter existing and kept or required to b
kept by such carriers. This provision shall apply to receivers of carrier:
and to operating trustees and, to the extent deemed necessary by the com
mission, to persons having control, direct or indirect, over or affiliatec
with any air carrier.

(c) As used in this section the term “air carriers” includes brokers

Section 21. (a) Any person knowingly and wilfully violating am
provision of this act, or any rule, regulation, requirement, or order there
under, or any term or condition of any certificate, permit, or license
for which a penalty is not otherwise herein provided, shall, after prope
proceeding before the commission, and upon conviction thereof, be fine
not more than one hundred dollars for the first offense and not more thai
five hundred dollars for any subsequent offense. Each day of suc!
violation shall constitute a separate offense.
(b) Any person, whether carrier, shipper, consignee, or broker, or
any officer, employee, agent, or representative thereof, who shall know-
ingly offer, grant, or give, or solicit, accept, or receive any rebate, con-
cession, or discrimination in violation of any provision of this act, or who
by means of any false statement or representation, or by the use of any
false of fictitious bill, bill of lading, receipt, voucher, roll, account, claim,
certificate, affidavit, deposition, lease, or bill of sale, or by any other
means or device, shall knowingly and wilfully assist, suffer or permit
any person or persons, natural or artificial, to obtain transportation of
passengers or property subject to this act for less than the applicable
rate, fare, or charge, or who shall knowingly and wilfully by any such
means or otherwise fraudulently seek to evade or defeat regulation as
in this act provided for air carriers or brokers, shall be deemed guilty
of a misdemeanor and upon conviction thereof be fined not more than
five hundred dollars for the first offense and not more than two thousand
dollars for any subsequent offense.

(c) It shall be unlawful for any air carrier or broker or any officer,
receiver, trustee, lessee, agent, or employee of such carrier, broker, or
person, or for any other person authorized by such carrier, broker, or
person to receive information, knowingly to disclose to, or permit to be
acquired by any person other than the shipper or consignee without the
consent of such shipper or consignee, any information concerning the
nature, kind, quantity, destination, consignee, or routing of any property
tendered or delivered to such air carrier or broker for such transporta-
tion, which information may be used to the detriment or prejudice of
such shipper or consignee, or which may improperly disclose his business
transactions to a competitor; and it shall also be unlawful for any per-
son to solicit or knowingly receive any such information which may be
so used.

(d) Nothing in this act shall be construed to prevent the giving of
such information in response to any legal process issued under the au-
thority of any court, or to any officer or agent of the government of the
United States or of any state, territory, or district thereof, in the exercise
of his power, or to any officer or other duly authorized person seeking
such information for the prosecution of persons charged with or sus-
pected of crimes or to another carrier or broker, or its duly authorized
agent, for the purpose of adjusting mutual traffic accounts in the ordi-
nary course of business of such carriers or brokers.

(e) Any air carrier, or broker, or any officer, agent, employee, or
representative thereof who shall wilfully fail or refuse to make a report
to the commission as required by this act, or to keep accounts, records
and memoranda in the form and manner approved or prescribed by the
commission, or shall knowingly and wilfully falsify, destroy, mutilate,
or alter any such report, account, record, or memorandum, or shall know-
ingly and wilfully file any false report, account, record or memorandum,
upon proper proceedings before the commission, and upon conviction
thereof be subject for each offense to a fine of not less than one hundred
dollars and not more than five thousand dollars.
Section 22. No common carrier or restricted common carrier by
aircraft shall deliver or relinquish possession at destination of any freight
transported by it until all tariff rates and charges thereon have been paid,
except under such rules and regulations as the commission may from
time to time prescribe to govern the settlement of all such rates and
charges, including rules and regulations for weekly or monthly settle-
ment, and to prevent unjust discrimination or undue preference or pre-
judice ; provided, that, the provisions of this paragraph shall not be con-
strued to prohibit any such carrier. from extending credit in connection
with rates and charges on freight transported for the United States, for
any department, bureau, or agency thereof, or for any state or territory
or political subdivision thereof, or for the District of Columbia. Where
any common carrier by aircraft is instructed by a shipper or consignor
to deliver property transported by such carrier to a consignee other
than the shipper or consignor, such consignee shall not be legally hable
for transportation charges in respect of the transportation of such prop-
erty (beyond those billed against him at the time of delivery for which
he is otherwise liable) which may be found to be due after the property
has been delivered to him, if the consignee (a) is an agent only and had
no beneficial title in the property, and (b) prior to delivery of the prop-
erty has notified the delivery carrier in writing of the fact of such agencv
and absence of beneficial title, and, in the case of shipment reconsigned
or diverted to a point other than that specified in the original bill of lad-
ing, has also notified the delivering carrier in writing of the name and
address of the beneficial owner of the property. In such cases the ship-
per or consignor, or, in the case of a shipment so reconsigned or diverted.
the beneficial owner shall be liable for such additional charges, irrespec-
tive of any provisions to the contrary in the bill of lading or in the con-
tract under which the shipment was made. If the consignee has given
to the carrier erroneous information as to who is the beneficial owner,
such consignee shall himself be liable for such additional charges, not-
withstanding the foregoing provisions of this paragraph. On shipments
reconsigned or diverted by any agent who has furnished the carrier with
a notice of agency and the proper name and address of the beneficial
owner, and where such shipments are refused or abandoned at ultimate
destination, the said beneficial owner shall be liable for all legally applic-
able charges in connection therewith.

Section 23. The Commonwealth or any party aggrieved by any final
finding, order, or judgment of the commission shall have, of right, regard-
less of the amount involved, an appeal to the Supreme Court of Appeals,
which shall be taken and perfected within four months from the date
of such final finding, order, or judgment, and the Supreme Court of Ap-
peals may, on petition of the Attorney General, or any other party so
aggrieved, if said petition be presented within four months from the
date of the final finding, order, or judgment of the commission, award
a writ of supersedeas to any such final finding, order, or judgment, and
may review, affirm, reverse, or modify the same, as justice may require.
and enter therein such order as may be right and just. All such appeals
shall be taken and perfected, heard and determined, and the mandate
of the Supreme Court of Appeals certified down to the commission in
the same manner as appeals in equity causes from the circuit or cor-
poration courts of this Commonwealth to the Supreme Court, except
that such appeals shall be heard and disposed of promptly by the Su-
preme Court, irrespective of its place of session, next after habeas corpus
and Commonwealth’s cases already on the docket.

Section 24. The commission may require a suspending bond on any
appeal, in such penalty and with such surety thereon as it may deem
sufficient, and may, during the pendency of any appeal, at any time, re-
quire the increase of any such bond or additional security thereon; but
there shall be of right, regardless of the amount, an appeal from the
action of the commission refusing to approve a suspending bond, or re-
quiring an increase thereof, or additional security thereon, in like man-
ner as provided by subsections (d), (e), (f), and (g) of section one
hundred and fifty-six of the Constitution. The commission may also
require bond for the payment of costs in such penalty, and with such
security, as it may deem sufficient, in any complaint, proceeding, contest,
or controversy instituted or pending before it. All suspending bonds,
and bonds for the payment of costs, taken or required to be taken by the
commission, shall be made payable to the Commonwealth and may be
enforced in the name of the Commonwealth by motion or other legal
proceeding or remedy before the commission or in any circuit or cor-
poration court of this Commonwealth having jurisdiction of a motion
or action on such bonds, and the process and proceedings thereon shall
be as provided by law upon bonds of the like character required and
taken by any court of this Commonwealth, and the commission or such
circuit or corporation court may render and enter up like judgments
upon such bonds as may, by law, be rendered and entered upon bonds
of like character, and process of execution shall issue upon such judg-
ments, and may be levied and executed as provided by law in other
cases.

Section 25. If any air carrier or broker, upon the final decision of
an appeal from the action of the commission prescribing rates, charges,
or classification of traffic, confirming or modifying the action of the com-
mission, shall fail to refund in the manner and within the time prescribed
in the notice of the commission all amounts which the appealing air car-
rier or broker may have collected pending the appeal, in excess of that
authorized by such final decision, upon notice to such air carrier or broker
by the commission of such final decision, then the commission, after
thirty days’ notice to any such air carrier or broker, may, unless the
amount required by such order be paid to the clerk of the commission,
render and enter judgment in the name of the Commonwealth, for the
use of the persons, firms and corporations entitled to the same, against
any such air carrier or broker for the aggregate amount of such collec-
tions and for costs, and may enforce the amount of such judgment and
costs by process of execution, as hereinbefore provided as to the enforce-
ment of the judgments of the commission. The commission shall, upon
the collection of said judgment, forthwith distribute the amount thereof,
through its clerk, among the parties entitled thereto, respectively, in such
manner as it may by its rules or orders prescribe, and shall, upon the pay-
ment or collection of any such judgment enter the same satished upon
its records, and have the same satisfied on the judgment lien docket ot
the court of any city or county where the same may have been docketed,
and the satisfaction of any such judgment shall be a bar to any further
action or recovery against any such air carrier or broker to the extent
of such recovery.

Section 26. Nothing in this act shall be construed to relieve any per-
son from the payment of any licenses, fees, taxes or levies now or here-
after imposed by law.

Section 27. All fees or sums collected by the commission under the
provisions of this act shall be deposited with the Treasurer of the State
of Virginia, and shall be set aside by him for the use of the commission
for the administration and enforcement of this act.

Section 28. The right and power of the General Assembly to amend.
alter, revoke or repeal any and all rights, certificates, or franchises granted
pursuant to the provisions of this act is hereby reserved.

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