Chap. 489.—An ACT to amend and reenact Sections 1, as amended, 2, as amended,
6 and 7 of Chapter 129 of the Acts of Assembly ‘of 1936, approved March 9,
1936, relating to motor vehicle carriers, and to add a new section, 7.
relating to filing fees for permits. [Ss 704

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections one, as amended, two, as amended, six and seven
of chapter one hundred twenty-nine of the Acts of Assembly of nine-
teen hundred thirty-six, approved March nine, nineteen hundred thirty-
six, be amended and reenacted so as to read as follows:

Section 1. Definitions —Whenever used in this act unless expressly
Stated otherwise:

(a) The term “person” means any individual, firm, copartnership,
corporation, company, association or joint-stock association, and in-
cludes any trustee, receiver, assignee, or personal representative thereof.
(b) The term “commission” means the State Corporation Commis-
sion of the Commonwealth of Virginia.

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

(d) The term “motor vehicle” means any vehicle, machine, tractor,
trailer, or semi-trailer propelled or drawn by mechanical power and
used upon the highways in the transportation of passengers or property,
but does not include any vehicle, locomotive or car operated exclusively
on a rail or rails.

(e) The term “common carrier by motor vehicle” means any person
who or which undertakes, whether directly or by a lease or any other
arrangement, to transport passengers or property for the general public
by motor vehicle for compensation over the public highways of the
State, whether over regular or irregular routes, including such motor
vehicle operations of carriers by rail or water, and of express or for-
warding companies under this act.

(f) The term “restricted common carrier by motor vehicle” 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 motor vehicle for compensation, whether
over regular or irregular routes.

(g) The term “contract carrier by motor vehicle” means any
person, not included under paragraphs (e) and (f) of this section, who
or which, under special and individual contracts or agreements, and
whether directly or by a lease or any other arrangement, transports
property by motor vehicle for compensation.

(h) The term “motor carrier” includes a common carrier by
motor vehicle, a restricted common carrier by motor vehicle, and a
contract carrier by motor vehicle.

(i) The term “broker” means any person not included in the term
“motor 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
transportation subject to this act, or negotiates for, or holds himself
or itself out by solicitation, advertisement, or otherwise as one who sells,
provides, furnishes, contracts, or arranges for such transportation.

(j) The “services” and “transportation” to which this act applies
include all vehicles operated by, for, or in the interest of any motor
carrier irrespective of ownership or contract, express or implied, to-
gether with all facilities and property operated or controlled by any
such carrier or carriers and used in the transportation of passengers or
property or in the performance of any service in connection therewith.

(k) The term “certificate” means a certificate of public convenience
and necessity issued by the commission to common carriers by motor
vehicle and restricted common carriers by motor vehicle under this act.

(1) The term “permit” means a permit issued by the commission
to contract carriers by motor vehicle, special or chartered party operators,
or to operators of taxicabs or other vehicles performing taxicab service
under this act.

(m) The term “warrant”? means the warrant issued by the com-
mission for each motor vehicle under this act.

(n) The term “exemption card” means the exemption card issued
by the commission for each exempt motor vehicle under this act.

Section 2. This act shall not be construed to include:

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

(b) Taxicabs, or other motor vehicles performing bona fide taxi-
cab service, having a seating capacity of not more than six passengers,
while operating in a city, town or county which has or adopts an ordi-
nance regulating and controlling taxicabs and other vehicles performing
a bona fide taxicab service, and not operating on a regular route or
between fixed termini, provided, however, that each operator of a
motor vehicle performing a bona fide taxicab service shall file insurance
as required under section twelve of this act unless evidence can be shown
the Commission that the operator is a self-insurer under an ordinance
of the city or the ordinance of the county where the home office of the
operator is located; and failure to keep insurance in force shall subject
the operator to cancellation of any authority under this act.

(c) Motor vehicles owned or operated by or on behalf of hotels
while used exclusively for the transportation of hotel patronage between
hotels and local railroads or other common carrier stations;

(d) Motor vehicles owned and operated by the United States,
District of Columbia, or any state, or any municipality or any other
political subdivision of this State, including vehicles used exclusively for
handling United States mail;

(e) <Any motor vehicle while used exclusively in transporting only
bona fide employees directly to and from the factory, plant or other
place of like nature where they are all employed and accustomed to
work, provided, that the operator of such vehicle shall first secure from
the Commission a permit, and the necessary warrant for each vehicle
so operated, neither of which permit nor warrant shall be issued by
the Commission unless the applicant shall furnish the Commission at the
time the application is made, with a request in writing from the manage-
ment of the factory or plant which the applicant proposes to serve
stating that the management of such factory or plant desires that the
applicant furnish such service, which permit shall be subject to revoca-
tion or suspension and the holder thereof subject to the imposition of
penalties by the Commission for any of the causes and in the manner and
to the extent provided for by section ten of chapter one hundred twenty-
nine of the Acts of Assembly of nineteen hundred thirty-six, except
that the Commission shall not require the filing of any insurance by
any person operating under this subsection to cover personal injury
and property damage insurance for persons transported ;

(£) Motor vehicles controlled and operated by a bona fide coopera-
tive association as defined in the Federal Agricultural Marketing Act,
approved June fifteenth, nineteen hundred twenty-nine, as amended, or
organized and existing under the State Co-operative Marketing Act
(Virginia, nineteen hundred twenty-two), as amended, while used
exclusively in the conduct of the business of such association ;

(h) Motor vehicles while used exclusively in carrying livestock,
poultry, poultry products, buttermilk, fresh milk and cream, meats,
butter and cheese produced on the farm, fish (including shell-fish),
slate, horticultural or agricultural commodities (not including manufac-
tured products thereof), and forest products, including lumber and
staves (but not including manufactured products thereof), or in the
transportation of farm supplies being delivered to a farm or farms;

(1) Motor vehicles while used exclusively in the distribution of
newspapers ;

(j) Motor vehicles while engaged in hauling for the State Depart-
ment of Highways;

(k) Any motor vehicle with a normal seating capacity of not more
than six adult persons while used not for profit in transporting persons
who as a common undertaking bear or agree to bear all or a part of the
actual costs of such operation. é

Section 6. (a) No common carrier by motor vehicle or restricted
common carrier by motor vehicle not herein exempted shall engage in
intrastate operation on any highway within the State without first having
obtained from the commission a certificate of public convenience and
necessity authorizing such operation, and a statement of the State high-
way commission that the law applicable to the proposed route or routes
has been complied with as to size, weight, and type of vehicles to be used,
and like statement as to any increase in size, weight, and type of vehicles
proposed to be operated by the applicant after such application is granted.

(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) "Liven the filing of an application for a certificate of public
convenience and necessity, the commission shall, within a reasonable
time, fix a time and place of hearing of such application. If the commis-
sion 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
proposed operation not justified, the application shall be denied. No
certificate shall be granted to an applicant proposing to operate over
the route of any holder of a certificate when the public convenience
and necessity with respect to such route is being adequately served
by such certificate holder; and no certificate shall be granted to an
applicant proposing to operate over the route 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
is inadequate to the public needs; and if the commission shall be of
opinion that the service rendered by such certificate holder over the
said route is in any respect inadequate to the public needs, such certi-
ficate holder shall be given reasonable time and opportunity to remedy
such inadequacy before any certificate shall be granted to an applicant
proposing to operate over such route.

(d) In determining whether the certificate required by this act
shall be granted the commission may, among other things, consider the
present transportation facilities over the proposed route of the applicant,
the volume of traffic over such route, the financial condition of the
applicant, and the condition of the highway over the proposed route
or routes.

(e) A common carrier by motor vehicle, or a restricted common
carrier by motor vehicle, 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.

(f£) A certificate for the transportation of passengers may include
authority to transport in the same vehicle with passengers the baggage
of such passengers, newspapers, express parcels not exceeding two
hundred pounds aggregate weight carried in any one vehicle, or United
States mail, when authorized so to do by the Government of the United
ae of America; or to transport baggage of passengers in a separate
vehicle.

(g) Any common carrier by motor vehicle 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; and any other person upon payment
of the fees and license taxes required by law may operate motor vehicles
in the transportation of special or chartered parties to and from any
place upon receiving a permit from the commission authorizing such
operation, the issuance of which permit shall be governed by the pro-
visions of section seven of this act relating to contract carriers. For the
purposes of this section a “special or chartered party” is hereby defined
as a group movement of passengers transported under a single contract
made with one person for an agreed charge for such movement regardless
of the number of passengers transported and in connection with which
transportation no individual or separate fares are solicited, charged,
collected or received by the carrier.

(h) <A common carrier by motor vehicle or a restricted common
carrier by motor vehicle operating under a certificate issued by the'
commission shall not make any change in schedules or service without
having first received the approval of the commission for such change in
schedules or service.

(i) Nothing in this section shall adversely affect the rights of any
person holding a certificate issued by this commission prior to the
effective date of this act and in force on such date, or the rights of
any person whose application for a certificate of public convenience and
necessity has been filed with the commission prior to the effective date
of this act; and set for hearing on a day following the effective date
of this act; and every certificate of public convenience and necessity issued
by the commission prior to the effective date of this act shall be and
continue in full force and effect until suspended, altered, cancelled or
revoked in the manner provided for herein.

Section 7. (a) No person shall operate or engage in the business
of a contract carrier, except as herein provided by motor vehicle in-
trastate on any highway within the State unless such person has secured
from the commission a permit authorizing 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,
which application shall contain a promise of compliance 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
motor vehicle upon the highways of the State of Virginia; which appli-
cation may be filed with the commission by the applicant in person or
transmitted by registered mail; and upon satisfying the commission that
the provisions of this act and the lawful rules and regulations 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.

(d) Any person who was in operation and was engaged in the
business of transporting property’over the highways of this State by
motor vehicle for compensation under bona fide contracts and who held a
TH tag issued by the Director, Division of Motor Vehicles of Virginia,
for each motor vehicle engaged in such operation or business on Decem-
ber first, nineteen hundred and thirty-five, shall be issued a permit
by the commission for such vehicles and such additional vehicles as
may be required in his operations from time to time without further
proceedings, if application for such permit is made to the commission
within sixty days from the effective date of this act or within such addi-
tional time, not to exceed an additional ninety days as the commission
may prescribe. ,

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.

(e) A contract carrier of property may transport on any one motor
vehicle over any highway of this State, outside of the corporate limits of
any city or town, 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. This limitation shall
not apply if the property is transported within the corporate limits of a
city or town.

(f) It shall be unlawful for any taxicab or other motor vehicle
performing a taxicab service to operate on any public highway in this
State outside the corporate limits of incorporated cities or towns, except
as otherwise provided in section 2(b) of this act, without first obtaining
from the commission a permit; provided, that the commission shall
issue such permit to any person who, when this section takes effect,
has been operating a taxicab service, on the public highways of this
State outside the corporate limits of incorporated cities or towns, for
a period of at least six months; and provided further that the fee for
any permit so issued shall not exceed five dollars for each motor vehicle.

The commission shall prescribe such rules and regulations as it may
deem proper for the enforcement of the provisions of this section.

No permit issued under this act shall be assigned or otherwise
transferred without the approval of the commission. Upon the death
of a person holding a permit, his personal representative or representa-
tives may operate under such permit while the same remains in
force and effect and, with the consent of the commission, may transfer
such permit.

The commission may at any time, because of failure to keep on file
with the commission insurance as required by law or for other good
cause, suspend, and upon not less than fifteen days’ notice to the grantee
of any permit and an opportunity to be heard, revoke any permit.

Provided, however, if the operator of any taxicab or other motor
vehicle performing a taxicab service is a self-insurer under an ordinance
of the city where the home office of the operator is located, such operator
shall not be required to obtain and keep on file with the commission
insurance as required by law.

Every taxicab operator or operator of a motor vehicle performing a
taxicab service who shall cease operation or abandon his rights under a
permit issued shall notify the commission within thirty days of such
cessation or abandonment.

For the purposes of this act “taxicab or other motor vehicle perform-
ing a taxicab service” is hereby defined as any motor vehicle having
a seating capacity of not more than six passengers and not operating on
a regular route or between fixed terminals used in the transportation
of passengers for hire or for compensation not a common carrier,
restricted common carrier or special or chartered party operator as de-
fined in this act.

Nothing in this act shall be construed to make or constitute operators
of taxicabs or other motor vehicles performing a taxicab service common
carriers.

Section 7-aa. Filing fees for permits——Every applicant for a permit
under the provisions of this act shall, upon the filing of the application,
deposit with the commission as a filing fee the sum of twenty-five dollars,
and for the transfer of any such permit the sum of twenty-five dollars
and for the issuance of a duplicate permit the sum of three dollars, said
fees to be paid for the purpose of defraying the expense of administering
the provisions of law with respect to the issuance of such permits.