CHAPTER 597

An Act to amend and reenact §§ 56-142 and 56-148 of the Code of Vir-
ginia, relating, respectively, to definitions as used in relation to air
carriers, so as to redefine the term “person,” and to provide certain
exceptions from the operation of Chapter 7 of Title 56.

{H 673]
Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 56-142 and 56-143 of the Code of Virginia be amended and
reenacted as follows:

§ 56-142. Whenever used in this chapter unless expressly stated
otherwise:

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

(b) 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.

(c) The term “common carrier by aircraft’? means any person who
undertakes, whether directly or by a lease or any other arrangement, to
transport passengers, 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
earriers by rail, water or motor vehicle and of express or forwarding
companies.

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

(e) The term “contract carrier by aircraft” means any person, not
included under paragraph (c) or (d) of this section, who, under special
and individual contracts or agreements, and whether directly or by a
lease or any other arrangement, transports passengers or property by air-
craft for compensation and in the transportation of passengers does not
charge individual fares.

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

(g) 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, as principal or agent, sells or offers for sale any transportation
subject to this chapter, or negotiates for, or holds himself out by solicita-
tion, advertisement, or otherwise as one who sells, provides, furnishes,
contracts, or arranges for such transportation.

h) The “services” and “transportation” to which this chapter 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.

(i) The term “certificate” means a certificate of public convenience
and necessity issued by the State Corporation Commission to common
sales by aircraft and restricted common carriers by aircraft under this
chapter.

(j) The term “‘permit” means a permit issued by the Commission to
contract carriers by aircraft under this chapter.

The term “warrant”? means the warrant issued by the Commis-
sion for each aircraft under this chapter.

(1) The term “airport” means a landing area used regularly by air-
craft for receiving or discharging passengers or cargo, and open to the
public for such use.

(m) 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.

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

§ 56-143. This chapter shall not be construed to cover or include
aircraft used exclusively in transporting or handling United States mail,
or aircraft while used exclusively in interstate commerce, and any com-
mon carrier of passengers by airplane holding proper authority for such
operation in interstate commerce may transport passengers between any
licensed airport adjacent to or within three miles of the Virginia State
line on the one hand and any other licensed airport in Virginia on the
other without securing authority for such operation from the State Corpo-
ration Commission.

2. An emergency exists and this act is in force from its passage.