CHAPTER 219

AN ACT to amend and reenact §§ 56-273 and 56-274 of the Code
of 1950 relating to motor vehicle carriers.
{ H 299 ]

Approved March 15, 1950

Be it enacted by the General Assembly of Virginia:
1. That §§ 56-273 and 56-274 of the Code of 1950 be amended
and reenacted as follows:

§ 56-273. Definitions. — Whenever used in this chapter
unless expressly stated otherwise:

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

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

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

(d) The term “common carrier by motor vehicle’ means
any person who 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 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 forwarding companies under
this chapter.

(e) The term “restricted common carrier by motor vehicle”’
means any person who 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 compen-
sation, whether over regular or irregular routes.

(f) The term “contract carrier by motor vehicle’ means
any person, not included under paragraphs (d) and (e) of this
section, who under special and individual contracts or agree-
ments, and whether directly or by a lease or any other arrange-
ment, transports property by motor vehicle for compensation.

(g) The term “taxicab or other motor vehicle performing
a taxicab service” means 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 trans-
portation of passengers for hire or for compensation, not a
common carrier, restricted common carrier or special or char-
tered party operator as defined in this chapter.

(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, as principal or agent, sells or offers for
sale any transportation subject to this chapter, or negotiates
for, or holds himself out by solicitation, advertisement, or other-
wise as one who sells, provides, furnishes, contracts, or arranges
for such transportation.

(j) The “services” and “transportation” to which this
chapter applies include the service of, and all transportation by,
all vehicles operated by, for, or in the interest of any motor car-
rier 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 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 State Corporation Com.
mission to common carriers by motor vehicle and restricted com-
mon carriers by motor vehicle under this chapter authorizing
the transportation of passengers or property, or both, over the
public highways of this State; but nothing contained in this
chapter shall be construed to mean that the Commission can
issue any such certificate authorizing intracity transportation.

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

(m) The term “warrant” means the warrant issued by the
Commission for each motor vehicle under this chapter.

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

(o) When used in connection with, or with respect to, a
certificate of public convenience and necessity the word “route”
means the road or highway, or segment thereof, operated over
by the holder: of a certificate of public convenience and neces-
sity or proposed to be operated over by an applicant therefor,
whether such road or highway is designated by one or more
highway numbers.

§ 56-274. Vehicles excluded from operation of chapter.—
This chapter shall not be construed to include:

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

(2) Taxicabs, or other motor vehicles performing bona fide
taxicab service, having a seating capacity of not more than six
passengers, while operating in a city, town or county which has
or adopts an ordinance 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
§ 56-299 unless evidence can be shown the Commission that the
operator is a self-insurer under an ordinance of the city or an
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 chapter;

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

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

(5) Motor vehicles 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 neces-
sary warrant for each vehicle so operated, neither of which per-
mit nor warrant shall be issued by the Commission unless the
applicant shall furnish the Commission at the time the appli-
cation is made, with * a statement in writing signed by the ap-
plicant setting forth the name and location of the factory, plant
or other place of like nature to and from which applicant pro-
poses to operate; and that such applicant will transport only
bona fide employees of such factory, plant or like place to and
from work, which permit shall be subject to revocation or sus-
pension and the holder thereof subject to the imposition of pen-
alties by the Commission for any of the causes and in the man-
ner and to the extent provided for by § 56-297; provided that
any permit issued by the Commission under the provisions of
this section prior to the effective date of this amendment shall,
unless suspended or revoked as herein provided, continue to be
valid; but any such permit or permit holder shall in all other
respects be subject to the provisions of this section. But 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;

(6) Motor vehicles controlled and operated by a bona fide
cooperative association as defined in the Federal Agricultural
Marketing Act, approved June fifteenth, nineteen hundred and
twenty-nine, as amended, or organized or existing under chap-
ter 15 of Title 13 of this Code, while used exclusively in the
conduct of the business of such association ; :

(7) Motor vehicles while used exclusively in carrying live-
stock, poultry, poultry products, buttermilk, fresh milk and
cream, meats, butter and cheese produced on the farm, fish (in-
cluding shellfish), slate, horticultural or agricultural commodi-
ties (not including manufactured products thereof), and forest
products, including lumber and staves (but not including manu-
factured products thereof), or in the transportation of farm
supplies being delivered to a farm or farms;

(8) Motor vehicles while used exclusively in the distribu-
tion of newpapers;

(9) Motor vehicles while engaged in hauling for the State
Department of Highways;

(10) 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 o1
agree to bear all or a part of the actual costs of such operation
or

(11) Motor vehicles while used exclusively in the transpor.
tation of passengers or property within the corporate limits o)
incorporated cities or towns.