CHAPTER 244

AN ACT to amend the Code of Virginia by adding in Title 13.1 thereof a
new chapter numbered 3.1, containing new sections numbered 13.1-
400.1 to 13.1-400.8, inclusive, so as to define automobile clubs; to pro-
vide for regulation thereof; and to prescribe penalties for viol

S 13]
Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:

That the Code of Virginia be amended by adding in Title 18.1 thereof
w chapter numbered 3.1 containing new sections numbered 13.1-400.1
.1-400.8, inclusive, which new chapter and sections are as follows:

CHAPTER 3.1
Automobile Clubs

§ 13.1-400.1. As used in this chapter:
“Automobile club” shall mean a legal entity which, in consideration
ues, assessments or periodic payments of money, promises its mem-
or subscribers to assist them in matters relating to the operation of a
enger automobile, by rendering two or more of such services as towing
ice, emergency road service, indemnification service, guaranteed arrest
| certificate service, discount service, financial service, theft service,
service, or touring service.
“Towing service” shall mean furnishing means to move a motor vehicle
1 one place to another under power other than its own.
“Emergency road service” shall mean adjustment, repair or replace-
t of the equipment, tires or mechanical parts of an automobile so that
automobile may be operated under its own power, provided the cost
ndering such service does not exceed $25.00.
“Indemnification service” shall mean providing for reimbursement of
bers or subscribers for attorneys fees not to exceed two hundred
rs in the event criminal proceedings are instituted against such mem-
as a result of operation of a motor vehicle, or the reimbursement of
bers or subscribers for expenses not to exceed $25.00 incurred by
1 for towing service or emergency road service.
“Guaranteed arrest bond certificate service” shall mean the issuance
ich a card or certificate as is defined in § 38.1-644.1(8) of the Code of
rinia.
“Discount service’ shall mean an arrangement by a motor club
Iting in giving special discounts, rebates or reductions of price on
line, oil, repairs, parts, accessories or service for motor vehicles to
ers of service contracts with any such club.
“Financial service” shall mean an arrangement by a motor club where-
pans or other advances of money are made to holders of service con-
ts with any such club.
“Theft service” shall mean assisting in locating, identifying or re-
ring a stolen or missing motor vehicle of a member or subscriber or
ee fs detecting or apprehending any person guiltv of the theft of
vehicle.
“Map service”’ shall mean the furnishing by a motor club of road maps
out cost to holders of service contracts with any such club.
“Touring service” shall mean the furnishing by a motor club of touring
rmation without cost to holders of service contracts with any such club.
§ 18.1-400.2. No automobile club shall do or offer to do business in
State unless the same shall be organized as a domestic or foreign stock
onstock corporation and shall be licensed by the State Corporation
mission as provided in this chapter.
§ 13.1-400.8. Each applicant for a license shall furnish such evidence
he Commission may require that it is able to perform its contracts
and that it is managed by persons of good character and reputation. With
the application it shall file a list of the individuals who are to sell its
contracts, giving their names and addresses and furnishing evidence of
their good character and reputation. The applicant shall pay a license fee
of one hundred dollars for the automobile club and a license fee of two
dollars for each agent. All licenses shall expire at midnight on the thirty-
first day of December of the year for which issued, and may be renewed on
application and payment of the same fees. The applicant shall file a surety
bond in the amount of thirty thousand dollars conditioned to secure the
performance of its contracts.

§ 13.1-400.4. Issuance of a license as provided in § 13.1-400.3 shall
not be construed as permitting any automobile club to render services
for which a license is required under other provisions of law until such
other license shall have been obtained. Provided, however, that an under-
taking by a licensed automobile club to perform any of the services defined
in § 13.1-400.1 shall not subject such automobile club to the requirements
of Title 38.1 of the Code of Virginia.

§ 13.1-400.5. The Commission may, after notice and hearing, punish
violations of this chapter by a licensed automobile club or a licensed agent
of such club by a fine of not more than one thousand dollars, or by revoca-
tion of the license of such agent or club or by both fine and revocation.

§ 18.1-400.6. The Commission shall have the power and jurisdiction
of a court of equity of this State to enjoin violations of this chapter and may
enforce any injunction issued by it by contempt proceedings as provided
in § 12-21 of the Code of Virginia.

§ 13.1-400.7. Any fraudulent misstatement of fact or wilful breach
of promise in connection with or related to the services of a licensed
automobile club shall constitute a violation of this chapter.

§ 13.1-400.8. Nothing in this chapter shall be construed to limit the
powers of any insurance company authorized to do business in Virginia.