CHAPTER 494

AN ACT to amend the Code of Virginia by inserting in Title 56 a Chapter
numbered 12.8 containing sections numbered 56-338.40 through
56-338.48, so as to provide for the regulation by the State Corporation
Commission of sightseeing carriers as a class of restricted common
carriers of passengers.

(S 236]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by inserting in Title 56 a
chapter numbered 12.3 containing sections numbered 56-338.40 through
56-338.48 as follows:

CHAPTER 12.3
SIGHT-SEEING CARRIERS

§ 56-338.40. Definitions —When used in this chapter, unless expressly
stated otherwise: .

(a) ‘Person’ means any person, firm or corporation.

(b) “Commission” means the State Corporation Commission.

(c) “Sight-seeing carrier’ means a restricted common carrier au-
thorized to transport sight-seers under the provisions of this chapter.
Except as otherwise provided in this chapter, all provisions of law ap-
plicable to common carriers of passengers shall apply to sight-seeing car-
riers. The provisions of ae chapter do not apply to special or chartered
parties as defined in § 56-285

(d) “Certificate” means a certificate of public convenience and
necessity issued by the Commission to a sight-seeing carrier.

§ 56-338.41. Certificates—A certificate issued under this chapter
shall authorize the holder named in the certificate to transport sight-seers
from the point of origin named in the certificate over regular routes to
the points of interest named in the certificate and back to the point of
origin. Only one point of origin shall be named in a certificate. Each pas-
senger shall be issued a ticket on which shall be printed the points of in-
terest and the fare charged for the round trip. Passengers shall be trans-
ported only on round trips without stop-over privileges, and no part of a
710 ACTS OF ASSEMBLY [vA., 1956

fare shall be refunded because of a passenger’s refusal to complete the
round trip.

§ 56-338.42. When granted.—The public convenience and necessity
to be served by this chapter is to encourage sight-seers to visit points of in-
terest in Virginia by providing economical, comfortable and convenient
transportation, and in the issuance of certificates the Commission shall
consider all facts bearing on that purpose, including existing means of
transportation and the character of the applicant and the kind of equip-
ment he proposes to use. The Commission shall issue no more certificates
than the public convenience and necessity require, and shall place such
restrictions upon such certificates as may be reasonably necessary to protect
any existing common carrier operating over the same route or routes under
a certificate issued by the Commission, but shall not deny a certificate
solely on the ground that the applicant will operate over the route or part
of the route of an existing common carrier; provided that in granting
certificates preference shall be given to applicants who were common
carriers intrastate in Virginia on the effective date of this act.

§ 56-338.48. When revoked.—In addition to the grounds on which
a certificate issued to a common carrier other than a sight-seeing carrier
may be revoked, a certificate may be revoked, after notice and hearing, for
failure to furnish economical, comfortable and convenient transportation.
A certificate shall be revoked whenever the holder requests in writing that
it be revoked.

§ 56-338.44. Transfers and leases.—No certificate shall be trans-
ferred or leased, but a certificate issued to an individual shall be construed
to authorize the individual to operate with one or more partners and a
certificate issued to a partnership shall be construed to authorize the firm
to operate with more or fewer partners so long as at least one of the
partners named in the certificate continues to be active in the business,
provided that the names and addresses of all partners engaged in the busi-
ness are filed with the Commission whenever there is a change in the
partnership.

§ 56-338.45. Corporations.—No certificate shall be issued to a foreign
corporation nor to any domestic corporation that is not organized as a
common carrier of passengers. . .

§ 56-338.46. Fares.—The fares charged by sight-seeing carriers
shall be fixed by the Commission at such rates as will promote the purposes
mentioned in § 56-338.42.

§ 56-338.47. Schedules—The schedules operated by sight-seeing
carriers shall be filed with and subject to the approval or disapproval of
the Commission, which may consider the seasonal nature of the business
and may authorize the discontinuance of schedules during times when the
demand for service does not justify service.

§ 56-338.48. Cities and towns.—The provisions of this chapter shall
not apply to operations conducted wholly within the corporate limits of
a city or a town.