Chap. 63.—An ACT to amend and reenact Section 9 of Chapter 129 of the Acts of
Assembly of 1936, approved March 9, 1936, relating to brokers’ licenses. [S 73]

Approved March 3, 1948

Be it enacted by the General Assembly of Virginia:

1. That section nine of chapter one hundred twenty-nine of the
Acts of Assembly of nineteen hundred thirty-six, approved March
nine, nineteen hundred thirty-six, be amended and reenacted so as
to read as follows:
Section 9 (a). No person shall for compensation sell or offer
for sale transportation subject to this act or shall make any contract,
agreement, or arrangement to provide, procure, furnish, or arrange
for such transportation or shall hold himself or itself out by adver-
tisement, solicitation, or otherwise as one who sells, provides, pro-
cures, 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 person shall
engage in transportation subject to this act unless he holds a certifi-
cate or permit as provided in this act. In the execution of any con-
tract, agreement, or arrangement to sell, provide, procure, furnish,
or arrange for such transportation, it shall be unlawful for such
person to employ any carrier by motor vehicle who or which is not
the lawful holder of an effective certificate or permit issued as pro-
vided in this act; and it shall be unlawful for such person to sell or
offer for sale or hold himself or itself out by advertisement, solicita-
tion or otherwise as one who sells, provides, procures, contracts or
arranges for individual transportation between any two points and
places or between fixed termini served by the holder or holders of
a certificate or certificates of public convenience and necessity ex-
cept with the written consent of the holder or holders of such cer-
tificate or certificates; 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 motor carrier, so far as concerns transportation to
be furnished wholly by such carrier or jointly with other motor
carriers holding like certificates or permits, or with a common
carrier by railroad, express or water.

(b) The commission shall prescribe the form of application and
such reasonable requirements and information as may in its judg-
ment be necessary.

(c) Upon the filing of an application for a license the commis-
sion 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, lim-
itations and restrictions as the commission may deem proper.

(d) The commission shall have the same authority over persons
operating under and holding a brokerage license as it has over mo-
tor carriers 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 motor vehicle.