CHAPTER 574

An Act to amend and reenact § 56-281 of the Code of Virginia, relating
to the issuance of certificates of public convenience and necessity to
motor vehicle carriers under certain conditions. rH 690]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

Ae That § 56-281 of the Code of Virginia be amended and reenacted as
ollows:

§ 56-281. No certificate shall be granted to an applicant proposing
to operate over the route of any holder of a certificate unless and until it
shall be proved to the satisfaction of the Commission that the service
rendered by such certificate holder, over such route, is inadequate to the
requirements of the public necessity and convenience; and if the Commis-
sion shall be of opinion that the service rendered by such certificate holder
over such route is in any respect inadequate to the requirements of the
public necessity and convenience, such certificate holder shall be given
reasonable time and opportunity to remedy such inadequacy before any
certificate shall be granted to an applicant proposing to operate over such
route.

For the purpose of this section, commercial zone operation within the
terminal area of a city or town by two or more motor carriers of property
shall not be deemed to be operation by them over the same route. Com-
mercial zone operation shall mean picking up property for transportation
by the carrier over its certificated route beyond the terminal area or
delivering property it has transported over its certificated route from
beyond such area. The terminal area of a city or town shall include that
area within and adjacent to a city or town served by a carrier pursuant to
his certificate embraced within one or more of the following limits: (a)
the corporate boundaries of the city or town; (b) all points within two and
one-half miles of the post office in such community, if it has a population
of less than two thousand five hundred; within four miles of the corporate
limits, if the municipality has a population of two thousand five hundred,
but less than twenty-five thousand; and within five and one-half miles of
the corporate limits if it has a population of twenty-five thousand or more;
and (c) all points in any municipality, any part of which is within the
limits described in (b) above.

For the purpose of this section, the delivery of merchandise to the
residences of customers of retail stores residing within seven and one-half
miles of the corporate limits of a city or town by a person operating
exclusively a parcel delivery service for delivery of merchandise for retail
stores situated within the city or town, shall not be deemed an operation
over the route of a holder of a certificate authorizing operation as a
common carrier of property for the general public for compensation, but
such operation of parcel delivery service shall be deemed the operation of
a restricted common carrier by motor vehicle subject to the jurisdiction
of the State Corporation Commission.