CHAPTER 626

An Act to amend and reenact § 2, as amended, of Chapter 627 of the Acts
of Assembly of 1958, relating to the Washington Metropolitan Area
Transit Regulation Compact.

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Be it enacted by the General Assembly of Virginia:
1. That § 2, as amended, of Chapter 627, Acts of Assembly, 1958, ap-
proved March 29, 1958, be amended and reenacted as follows:

§ 2. Washington Metropolitan Area Transit Regulation Compact.

Whereas, the District of Columbia, the adjacent suburban area of
the State of Maryland, and the adjacent suburban area of the Common-
wealth of Virginia constitute a highly developed and integrated metro-
politan area, and its economic well-being and the comfort and welfare
of the citizens thereof require free and easy movement of persons and
vehicles within the area; and

Whereas, the movement of persons and vehicles within the metro-
politan area is being hampered by the congestion of traffic in all areas of
the metropolitan area and by the lack of adequate and coordinated mass
transit facilities; and

Whereas, such conditions, which will be aggrevated by the continued
growth and expansion of the metropolitan area, imperil the safety of the
public and constitute a serious impediment to the safe, adequate and
speedy travel to and from their homes and places of employment of persons
living in such areas and persons traveling through such areas, and occasion
great economic loss; and

Whereas, such conditions stem in part from the fact that responsibility
for dealing with the problems involved is divided among the District of
Columbia, State of Maryland, Commonwealth of Virginia and Federal
Government, and from the lack of an area-wide basic policy on the move-
ment of persons and vehicles; and

Whereas, the elimination of unnecessary transit and traffic problems is
of prime importance to the people of the metropolitan area and travelers
through the area, and

Whereas, the National Capital Planning Commission and the National
Capital Regional Planning Council, agencies of the Government of the
United States, have undertaken, with the assistance and cooperation of the
Commonwealth of Virginia, the State of Maryland, and the District of
Columbia, a comprehensive study of the mass transit requirements for the
metropolitan area; and

Whereas, the regulation of transit on a coordinated basis throughout
the area without regard to political and legal jurisdictional boundaries
through the cooperation of the States of Maryland and Virginia and the
District of Columbia by and through a common agency, with the advice and
assistance of all agencies of local government whose activities affect the
movement of persons and vehicles, is a proper and necessary step looking
towards the alleviation of transit and traffic problems in the metropolitan
area,

NOW, THEREFORE,

The States of Maryland and Virginia and the District of Columbia.
eaiien referred to as signatories, do hereby covenant and agree as
ollows:

TITLE I
General Compact Provisions
ARTICLE I

There is hereby created the Washington Metropolitan Area Transi
District, hereinafter referred to as Metropolitan District, which shal
embrace the District of Columbia, the cities of Alexandria and Fall
Church, the counties of Arlington and Fairfax, and political subdivision:
of the State of Virginia located within those counties and that portion o:
Loudoun County, Virginia, occupied by the Dulles International Airpor
and the counties of Montgomery and Prince George’s, in the State o
Maryland and political subdivisions of the State of Maryland located within
Said counties, and all other cities now or hereafter existing in Maryland
or Virginia within the geographic area bounded by the outer boundaries of
the combined area of said counties, cities and airport.

ARTICLE II

The signatories hereby create the “Washington Metropolitan Area
Transit Commission”, hereinafter called the Commission, which shall be an
instrumentality of the District of Columbia, the Commonwealth of Vir-
ginia and the State of Maryland, and shall have the powers and duties set
forth in this compact and such additional powers and duties as may be
conferred upon it by subsequent action of the signatories. The Com-
mission shall have jurisdiction coextensive with the Metropolitan District
for the regulation and improvement of transit and the alleviation of
traffic congestion within the Metropolitan District on a coordinated basis,
without regard to political boundaries within the Metropolitan District, as

set forth herein.
ARTICLE III

1. The Commission shall be composed of three members, one member
each to be appointed by the Governors of Virginia and Maryland and by
the Board of Commissioners of the District of Columbia, from that agency
of each signatory having jurisdiction over the regulation of mass transit
within each such jurisdiction. The member so appointed shall serve for a
term coincident with the term of that member on such agency of the signa-
tory and any Commissioner may be removed or suspended from office as
provided by the law of the signatory from which he shall be appointed.
Vacancies shall be filled for an unexpired term in the same manner as an
original appointment.

2. No person in the employment of or holding any official relation to
any person or company subject to the jurisdiction of the Commission or
having any interest of any nature in any such person or company or
affiliate or associate thereof, shall be eligible to hold the office of Com-
missioner or to serve as an employee of the Commission or to have any
power or duty or to receive any compensation in relation thereto.

The Commission shall select a chairman from its membership
annually. Such chairman is vested with the responsibility for the dis-
charge of the Commission’s work and to that end he is empowered with all
usual powers to discharge his duties.

4. Each signatory hereto may pay the Commissioner therefrom such
salary or expenses, if any, as it deems appropriate.

5. The Commission may employ such engineering, technical, legal,
clerical, and other personnel on a regular, part-time, or consulting basis
as in its judgment may be necessary for the discharge of its functions. The
Commission shall not be bound by any statute or regulation of any signa-
tory in the employment or discharge of any officer or employee of the Com-
mission, except as such may be contained in this compact.

The Commission shall establish its office for the conduct of its
affairs at a location to be determined by the Commission within the Metro-
politan District and shall publish rules and regulations governing the
conduct of its operations.

ARTICLE IV

1. The expenses of the Commission shall be borne by the signatories
in the manner hereinafter set forth. The Commission shall submit to the
Governor of Virginia, the Governor of Maryland and the Board of Com-
missioners of the District of Columbia, at such time or times as shall be
requested, a budget of its requirements for such period as may be required
by the laws of the signatories for presentation to the legislature thereof.
The expenses of the Commission shall be allocated among the signatories
in the proportion that the population of each signatory within the Metro-
politan District bears to the total population of the Metropolitan District.
The allocation shall be made by the Commission and approved by the Gov-
ernors of the two states and the Board of Commissioners of the District
of Columbia, and shall be based on the latest available population statistics
of the Bureau of the Census; provided, however, that if current population
data are not available, the Commission may, upon the request of any signa-
tory, employ estimates of population prepared in a manner approved by
he Commission and by the signatory making such request.

2. The signatories agree to appropriate for the expenses of the Com-
mission their proper proportion of the budget determined in the manner set
forth herein and to pay such appropriation to the Commission. There shall
not be included in the budget of the Commission or in the appropriations
therefor any sums for the payment of salaries or expenses of the Com-
missioners or members of the Traffic and Highway Board created by
Article V of this Title I and payments to such persons, if any, shall be
within the discretion of each signatory. The provisions of § 2-27 of the
Code of Virginia shall not apply to any official or employee of the Com-
monwealth of Virginia acting or performing services under this Act.

83. The expenses allocable to a signatory shall be reduced in an amount
to be determined by the Commission if a signatory, upon request of the
Commission, makes available personnel, services or material to the Com-
mission which the Commission would otherwise have to employ or pur-
chase. If such services in kind are rendered, the Commission shall return
to such signatory an amount equivalent to the savings to the Commission
represented by the contribution in kind.

4. The Commission shall keep accurate books of account, showing in
full its receipts and disbursements, and said books of accounts shall be open
at any reasonable time for inspection by such representatives of the
respective signatories as may be duly constituted for that purpose.

ARTICLE V

1. There is hereby created in addition to the Commission, a Traffic
and Highway Board, hereinafter referred to as Board. This Board shall
be composed of the Chairman of the Commission created by Article II,
who shall be chairman of this Board, and the heads of the traffic and
highway departments of each of the signatories and of the counties and
cities encompassed within the Metropolitan District, a representative of
the National Capital Planning Commission, a representative of the Na-
tional Capital Regional Planning Council, and a representative of each
local and regional planning commission within the District. The repre-
sentatives of the various planning commissions shall be designated by
each such commission. The official in charge of the traffic and highway
department of each of the signatories may appoint a member of his staff
to serve in his stead with full voting powers.

2. The Board shall make recommendations to the Commission with
respect to traffic engineering, including the selection and use of streets for
transit routing, the requirements for transit service throughout the Metro-
politan District, and related matters. The Board shall also consider
problems referred to it by the Commission and shall continuously study
means and methods of shortening transit travel time, formulate plans with
respect thereto, and keep the Compact Commission fully advised of its
plans and conclusions.

3. The Board shall serve the Commission solely in an advisory
capacity. The Commission shall not direct or compel the Board or its
members to take any particular action with respect to effectuating changes
in traffic engineering and related matters, but the members of the Board
in their capacity as officials of local government agencies shall use their
best efforts to effectuate the recommendations and objectives of the Com-
mission.
4. The members of the Board shall serve with or without additiona.

compensation, as determined by their respective signatories.
ARTICLE VI

No action by the Commission shall be of effect unless a majority of the
members concur therein; provided, that any order entered by the Com-
mission pursuant to the provisions of Title II hereof, relating to or which
affect operations or matters solely intrastate or solely within the District
of Columbia, shall not be effective unless the Commissioner from the
signatory affected concurs therein. Two members of the Commission shal]

constitute a quorum.
ARTICLE VII

Nothing herein shall be construed to amend, alter, or in any wise affect
the power of the signatories and the political subdivisions thereof to levy
and collect taxes on the property or income of any person or company
subject to this Act or upon any material, equipment or supplies purchased
by such person or companies or to levy, assess and collect franchise or
other similar taxes, or fees for the licensing of vehicles and the operation

thereof.
ARTICLE VIII

This compact shall be adopted by the signatories in the manner pro-
vided by law therefor. This compact shall become effective ninety (90)
days after its adoption by the signatories and consent thereto by the
Congress of the United States, including the enactment by the Congress
of such legislation, if any, as it may deem necessary to grant this Com-
mission jurisdiction over transportation in the District of Columbia and
between the signatories and over the persons engaged therein, to suspend
the applicability of the Interstate Commerce Act, the laws of the Dis-
trict of Columbia, and any others laws of the United States, to the persons,
companies and activities which are subject to this Act, to the extent that
such laws are inconsistent with, or in duplication of, the jurisdiction of
the Commission or any provision of this Act, or any rule, regulation or
order lawfully prescribed or issued under this Act, and to make effective
the enforcement and review provisions of this Act.

ARTICLE IX

1. This compact may be amended from time to time without the prior
consent or approval of the Congress and any such amendment shall be
effective unless, within one year thereof, the Congress disapproves such
an amendment. No amendment shall be effective unless adopted by each
of the signatories hereto.

Any signatory may withdraw from the compact upon one year’s
written notice to that effect to the other signatories. In the event of a
withdrawal of one of the signatories from the compact, the compact shall
be terminated.

3. Upon the termination of this compact, the jurisdiction over the
matters and persons covered by this Act shall revert to the signatories and
the Federal Government, as their interests may appear, and the applicable
laws of the signatories and the Federal Government shall be reactivated
without further legislation.

ARTICLE X

__ Each of the signatories pledge to each of the other signatory parties
faithful cooperation in the solution and control of transit and traffic
problems within the Metropolitan District and, in order to effect such
purposes, agrees to enact any necessary legislation to achieve the objectives
of the compact to the mutual benefit of the citizens living within said
Metropolitan District and for the advancement of the interests of the
signatories hereto.
1. If any part or provision of this compact or the application thereof
to any person or circumstances be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation to
the part, provision or application directly involved in the controversy in
which such judgment shall have been rendered and shall not affect or
impair the validity of the remainder of this compact or the application
thereof to other persons or circumstances and the signatories hereby
declare that they would have entered into this compact or the remainder
thereof had the invalidity of such provision or application thereof been
apparent.

2. In accordance with the ordinary rules for construction of inter-
state compacts, this compact shall be liberally construed to eliminate the
evils described therein and to effectuate the purposes thereof.

TITLE II
Compact Regulatory Provisions

ARTICLE XII
Transportation Covered

1. (a) This Act shall apply to the transportation for hire by any
carrier of persons between any points in the Metropolitan District and to
the persons engaged in rendering or performing such transportation serv-
Ice, except—

(1) transportation by water;

(2) transportation by the Federal government, the signatories hereto,
or any political subdivision thereof ;

(3) transportation by motor vehicles employed solely in transporting
school children and teachers to or from public or private schools;

(4) transportation performed in the course of an operation over a
regular route, between a point in the Metropolitan District and a point
outside the Metropolitan District, including transportation between points
on such regular route within the Metropolitan District as to interstate and
foreign commerce, if authorized by certificate of public convenience and
necessity or permit issued by the Interstate Commerce Commission, and
any carrier whose only transportation within the Metropolitan District is
within this exemption shall not be deemed to be a carrier subject to the
Compact; provided, however, if the primary function of a carrier’s entire
operations is the furnishing of mass transportation service within the
Washington Metropolitan Area Transit District, then such operations in
the Metropolitan District shall be subject to the jurisdiction of the Com-
mission ;

(5) transportation performed by a common carrier by railroad
subject to Part I of the Interstate Commerce Act, as amended.

(b) The provisions of this Title II shall not apply to transporta-
tion as specified in this section solely within the Commonwealth of Virginia
and to the activities of persons engaged in such transportation, nor shall
any provision of this Title II be construed to infringe the exercise of any
powers or the discharge of any duties conferred or imposed upon the State
Corporation Commission of the Commonwealth of Virginia by the Vir-
ginia Constitution.

(c) Notwithstanding the provisions of paragraph (a) of this section,
this Act shall apply to taxicabs and other vehicles used in performing a
bona fide taxicab service having a seating capacity of eight passengers or
less in addition to the driver thereof with respect only to (i) the rate or
charges for transportation from one signatory to another within the con-
fines of the Metropolitan District, and (ii) requirements for minimum
insurance coverage.

(d) Notwithstanding the provisions of paragraph (a) of this section,
this Act shall apply to Household Goods Movers, as defined herein, with
respect to operations within the Metropolitan District. The jurisdiction
of the Commission with respect to Household Goods Movers is further
restricted to the issuance, revocation, suspension and transfer of certifi-
cates of public convenience and necessity, and prescribing and enforcing
insurance requirements. Any person who was engaged in the transpor-
tation of household goods subject to this paragraph on the effective date
of this paragraph shall be entitled to a certificate of public convenience
and necessity without further proof of public convenience and necessity
if application for such certificate is made to the Commission within ninety
(90) days from the effective date of this paragraph. Pending the deter-
mination of any such application, the continuance of such operation shall
be lawful. All provisions of the Compact, unless made inapplicable by the
restrictions of this paragraph, shall apply to Household Goods Movers,
except §§ 5, 6, 7, 8, 10, 11 and 12 of Article XII of the Compact, as
amended, which shall not apply.

Definitions

2. As used in this Act—

(a) The term “carrier’’ means any person who engages in the trans-
portation of passengers for hire by motor vehicle, street railroad, or
other form or means of conveyance.

(b) The term “motor vehicle’ means any automobile, bus, or other
vehicle propelled or drawn by mechanical or electrical power on the public
streets or highways of the Metropolitan District and used for the trans-
portation of passengers.

(c) The term “street railways” means any streetcar, bus, or other
similar vehicle propelled or drawn by electrical or mechanical] power on
rails and used for transportation of passengers.

The term “taxicab” means any motor vehicle for hire (other
than a vehicle operated, with the approval of the Commission, between
fixed termini on regular schedules) designed to carry eight persons or
less, not including the driver, used for the purpose of accepting or solicit-
ing passengers for hire in transportation subject to this Act, along the
public streets and highways, as the passengers may direct.

(e) 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.

(f) The term “Household Goods Mover’ means any person who
transports household goods for hire, except the federal government, the
signatories hereto or any political subdivision thereof. Notwithstanding
the provisions of § 2 (a) of the Compact, a Household Goods Mover shall
be considered a carrier under the provisions of the Compact.

(g) The term “Household Goods” means uncrated personal effects
and property used or to be used in a dwelling when a part of the equip-
ment or supply of such dwelling; furniture, fixtures, equipment and the
property of stores, offices, museums, institutions, hospitals, or other estab-
lishments when a part of the stock, equipment or supply of such stores,
offices, museums, institutions, hospitals, or other establishments; and
articles, including objects of art, displays and exhibits, which because of
their unusual nature or value require specialized handling and equipment
usually employed in moving household goods.

3. It shall be the duty of every carrier to furnish transportation sub-
ject to this Act as authorized by its certificate and to establish reasonable
through routes with other carriers; to provide safe and adequate service,
equipment, and facilities in connection with such transportation; to
lish, observe, and enforce just and reasonable individual and joint
fares, and just and reasonable regulations and practices relating thereto;
and, in case of joint fares, to establish just, reasonable, and equitable divi-
sions thereof as between the carriers participating therein which shall
not unduly prefer or prejudice any of such carriers.

Certificates of Public Convenience and Necessity ;

Routes and Services ;

4. '(a) No person shall engage in transportation subject to this Act
unless there is in force a certificate of public convenience and necessity
issued by the Commission authorizing such person to engage in such trans-
portation; provided, however, that if any person was bona fide engaged in
transportation subject to this Act on the effective date of this Act, the
Commission shall issue such certificate without requiring further proof
that public convenience and necessity will be served by such operation,
and without further proceedings, if application for such certificate is made
to the Commission within 90 days after the effective date of this Act.
Pending the determination of any such application, the continuance of
such operation shall be lawful.

(b) When an application is made under this section for a certificate,
except with respect to a service being rendered upon the effective date of
this Act, the Commission shall issue a certificate to any qualified applicant
therefor, authorizing the whole or any part of the transportation covered
by the application, if it finds, after hearing held upon reasonable notice,
that the applicant is fit, willing and able to perform such transportation
properly, and to conform to the provisions of this Act and the rules, regu-
lations, and requirements of the Commission thereunder, and that such
transportation is or will be required by the public convenience and neces-
sity ; otherwise such application shall be denied. The Commission shall act
upon applications under this subsection as speedily as possible. The Com-
mission shall have the power to attach to the issuance of a certificate and
to the exercise of the rights granted thereunder such reasonable terms and
conditions as the public convenience and necessity may require; provided,
however, that no terms, conditions, or limitations shall restrict the right
of the carrier to add to his or its equipment and facilities over the routes,
between the termini, or within the territory specified in the certificate, as
the development of the business and the demands of the public shall
require.

(c) Application for a certificate under this section shall be made in
writing to the Commission and shall be so verified, shall be in such form,
and shall contain such information, as the Commission by regulations
shall require. The Commission shall prescribe such reasonable require-
ments as to notices, publication, proof of service, and information as in
its judgment may be necessary.

(d) (1) Any certificate issued by the Commission shall specify the
service to be rendered and the routes over which, the fixed termini, if any,
between which, and the intermediate and off-route points, if any, at which,
and in case of operations not over specified routes or between fixed termini,
the territory within which, the carrier is authorized to operate.

(2) A certificate for the transportation of passengers may include
authority to transport in the same vehicle with the passengers, news-
papers, baggage of passengers, express, or mail, or to transport baggage
of passengers in a separate vehicle.

(3) To enable the provision of service for which there is an immedi-
ate and urgent need to a point or points or within a territory having no
carrier service capable of meeting such need, the Commission may, in its
discretion and without hearings or other proceedings, grant temporary
authority for such service. Such temporary authority unless suspended or
revoked for good cause, shall be valid for such time as the Commission
shall specify, but for not more than an aggregate of 180 days and create
oy presumption that corresponding permanent authority will be granted

ereafter.
(e) The Commission may, if it finds that the public convenience and
necessity so require, require any person subject to this Act to extend any
existing service or provide any additional service over additional routes
within the Metropolitan District; provided, however, that no certificate
shall be issued to operate over the routes of any holder of a certificate until
it shall be proved to the satisfaction of the Commission, after hearing,
upon reasonable notice, that the service rendered by such certificate holder,
over such route, is inadequate to the requirements of the public necessity
and convenience; and provided, further, if the Commission 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 operate over such route; and further provided that no person
subject to this Act may be required to extend any existing service or pro-
vide any additional service over additional routes within the Metropolitan
District unless the carrier is currently earning a reasonable return on its
operation as a whole in performing transportation subject to this Act.

(f) The Commission may refer to the Traffic and Highway Board
created under Title I hereof any service proposed under an application
for a certificate. The Board shall as speedily as possible give the Com-
mission its recommendations with respect to the proposed service, but
such recommendations shall be advisory only.

(g) Certificates shall be effective from date specified therein and shall
remain in effect until suspended or terminated as herein provided. Any
such certificate, may, upon application of the holder thereof, in the dis-
cretion of the Commission, be amended or revoked, in whole or in part, or
may, upon complaint, or on the Commission’s own initiative, after notice
and hearing, be suspended, changed, or revoked, in whole or in part, for
wilful failure to comply with any lawful order, rule, or regulation of the
Commission, or with any term, condition, or limitation of such certificate;
provided, however, that no certificate shall be revoked (upon application
of the holder) unless the holder thereof wilfully fails to comply, within
a reasonable time, not less than 30 days, to be fixed by the Commission,
with a lawful order of the Commission commanding obedience to the rules
or regulations or orders of the Commission, or to the terms, conditions, or
limitations of such certificate found by the Commission to have been vio-
lated by such holder. No certificate shall be issued to an applicant propos-
ing to operate over the routes of any holder of a certificate unless and until
it shall be proved to the satisfaction of the Commission, after hearing upon
reasonable notice, that the service rendered by such certificate holder,
over such route, is inadequate to the requirements of the public convenience
and necessity; and provided, further, if the Commission shall be of the
opinion that the service rendered by such certificate holder over such route
is In any respect inadequate to the requirements of the public convenience
and necessity, 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.

(h) No certificate under this section may be transferred unless such
transfer is approved by the Commission as being consistent with the
public interest.

(i) No carrier shall abandon any route specified in a certificate issued
to such carrier under this section, unless such carrier is authorized to do
so by an order issued by the Commission. The Commission shall issue
such order, if upon application by such carrier, and after notice and
opportunity for hearing, it finds that the abandonment of such route is
consistent with the public interest. The Commission, by regulations or
otherwise, may authorize such temporary suspensions of routes as may be
consistent with the public interest. The fact that a carrier is operating
a route or furnishing a service at a loss shall not, of itself, determine the
question of whether abandonment of the route or service over the route is
consistent with the public interest as long as the carrier earns a reasonable
return.

Schedule of Fares, Regulations, and Practices.

5. (a) Each carrier shall file with the Commission, and print, and
keep open to public inspection, tariffs showing (1) all fares it charges
for transportation subject to this Act, including any joint fares established
for through routes over which it performs transportation subject to this
Act in conjunction with another carrier, and (2) to the extent required by
regulations of the Commission, the regulations and practices of such
carrier affecting such fares. Such tariffs shall be filed, posted, and pub-
lished in such form and manner, and shall contain such information, as
the Commission by regulation shall prescribe. The Commission may reject
any tariff so filed which is not consistent with this section and such
regulations. Any tariff so rejected shall be void.

Each carrier which, immediately prior to the effective date of
this section, was engaged in transportation specified in section 1 (a) of this
Title IT, shall file a tariff in compliance with paragraph (a) of this Sec-
tion 5 within ninety (90) days after such date. The fares shown in such
tariff shall be the fares which such carrier was authorized to charge,
immediately prior to such date, under the law under which it was then
regulated, and the regulations and practices affecting such fares which
shall be shown in such tariff shall be such of the regulations and practices,
then in effect under such law, as the Commission shall by regulations
require. Such tariff shall become effective upon filing. Pending the filing
of such tariff, the fares which such carrier was authorized to charge
immediately prior to the effective date of this Act under the law under
which it was then regulated, and the regulations and practices relating
to such fares, shall be the lawful fares and practices and regulations.

(c) Every carrier shall keep currently on file with the Commission,
if the Commission so requires, the established divisions of all joint fares
for transportation subject to this Act in which such carrier participates.

(d) No carrier shall charge, for any transportation subject to this
Act, any fare other than the applicable fare specified in a tariff filed by it
under this section and in effect at the time. During the period before a
tariff filed by it under this section has become effective, no carrier re-
ferred to in subsection (b) shall charge, for any transportation subject
to this Act, any fare other than the fare which it was authorized to charge
for such transportation immediately prior to the effective date of this
section, under the law under which it was then regulated.

Any carrier which desires to change any fare specified in a tariff
filed by it under this section, or any regulation or practice specified in
any such tariff affecting such a fare, shall file a tariff in compliance with
this section, showing the change proposed to be made and shall give notice
to the public of the proposed change by posting and filing such tariff
in such manner as the Commission may by rule, regulation or order
provide. Each tariff filed under this subsection shall state a date on
which the new tariff shall take effect, and such date shall be at least
thirty (30) days after the date on which the tariff is filed, unless the
Commission by order authorizes its taking effect on an earlier date.
Power to Prescribe Fares, Regulations, and Practices

6. (a) (1) The Commission, upon complaint or upon its own initia-
tive, may suspend any fare, regulation, or practice shown in a tariff filed
with it under Section 5 ( except a tariff to which Section 5 (b) applies), at
any time before such fare, regulation, or practice would otherwise take
effect. Such suspension shall be accomplished by filing with the tariff,
and delivering to the carrier or carriers affected thereby, a notification
in writing of such suspension. In determining whether any proposed
change shall be suspended, the Commission shall give consideration to,
among other things, the financial condition of the carrier, its revenue
requirements, and whether the carrier is being operated economically
and efficiently. The period of suspension shall terminate ninety (90) days
after the date on which the fare, regulation, or practice involved would
otherwise go into effect, unless the Commission extends such period as
provided in paragraph (2).

(2) If, after hearing held upon reasonable notice, the Commission
finds that any fare, regulation or practice relating thereto, so suspended is
unjust, unreasonable, or unduly preferential or unduly discriminatory
either between riders or sections of the Metropolitan District, it shall issue
an order prescribing the lawful fare, regulation, or practice to be in effect.
The fare, regulation, or practice so prescribed shall take effect on the date
specified in such order. If such an order has not been issued within the
ninety (90) day suspension period provided for in paragraph (1), the
Commission may from time to time extend such period, but in any event
the suspension period shall terminate no later than one hundred and
twenty (120) days after the date the fare, regulation or practice involved
was suspended. If no such order is issued within the suspension period
(including any extension thereof), the fare, regulation or practice involved
shall take effect at the termination of such period.

(3) In the exercise of its power to prescribe just and reasonable fares
and regulations and practices relating thereto, the Commission shall give
due consideration, among other factors, to the inherent advantages of
transportation by such carriers; to the effect of rates upon the movement
of traffic by the carrier or carriers for which the rates are prescribed;
to the need, in the public interest, of adequate and efficient transportation
service by such carriers at the lowest cost consistent with the furni
of such service; and to the need of revenues sufficient to enable such
carriers, under honest, economical, and efficient management, to provide
such service.

(4) It is hereby declared as a matter of legislative policy that in
order to assure the Washington Metropolitan District of an adequate
transportation system operating as private enterprises the carriers there-
in, In accordance with standards and rules prescribed by the Commission,
should be afforded the opportunity of earning such return as to make the
carriers attractive investments to private investors. As an incident there-
to, the opportunity to earn a return of at least 614 per centum net after
all taxes properly chargeable to transportation operations, including but
not limited to income taxes, on gross operating revenues, shall not be
considered unreasonable.

(b) Whenever, upon complaint, or upon its own initiative, and after
hearing held upon reasonable notice, the Commission finds that any in-
dividual or joint fare in effect for transportation subject to this Act, or
any regulation or practice affecting such fare, is unjust, unreasonable or
unduly preferential or unduly discriminatory, the Commission shall issue
an order prescribing the lawful fare, regulation, or practice thereafter to
be in effect.

Through Routes, Joint Fares

7. (a) In order to encourage and provide adequate transit service on
a Metropolitan District-wide basis, any carrier may establish through
routes and joint fares with any other carrier subject to this Act or the
jurisdiction of the Interstate Commerce Commission, the State Corpora-
tion Commission of the Commonwealth of Virginia, or the Public Service
Commission of the State of Maryland.

(b) Whenever required by the public convenience and necessity, the
Commission, upon complaint or upon its own initiative, and after hearing
held upon reasonable notice, may establish through routes and joint fares
for transportation subject to this Act, and the regulations or practices
affecting such fares, and the terms and conditions under which such
through routes shall be operated.

(c) Whenever, upon complaint or upon its own initiative, and after
hearing upon reasonable notice, the Commission is of the opinion that the
divisions of any joint fare for transportation subject to this Act are or will
be unjust, unreasonable, inequitable, or unduly preferential or prejudicial
as between the participating carriers, the Commission shall prescribe the
just, reasonable and equitable divisions thereof to be received by the partic-
ipating carriers. The Commission may require the adjustment of divisions
between such carriers from the date of filing the complaint or entry of the
order of investigation, or such other date subsequent thereto as the Com-
mission finds to be just, reasonable and equitable.

Taxicab Fares

The Commission shall have the duty and the power to prescribe
reasonable rates for transportation by taxicab only between a point in the
jurisdiction of one signatory party and a point in the jurisdiction of
another signatory party provided both points are within the Metropolitan
District. The fare or charge for such transportation may be calculated on
a mileage basis, a zone basis, or on any other basis approved by the Com-
mission; provided, however, that the Commission shall not require the
installation of a taximeter in any taxicab when such a device is not per-
mitted or required by the jurisdiction licensing and otherwise regulating
the operation and service of such taxicab.

Security for the Protection of the Public

9. (a) No certificate of public convenience and necessity shall be
issued under Section 4, and no certificate issued under such section shall
remain in force, unless the person applying for or holding such certificate
complies with such reasonable regulations as the Commission shall pre-
scribe governing the filing and approval of surety bonds, policies of insur-
ance, qualifications as a self-insurer or other securities or agreements, in
such reasonable amount as the Commission may require, conditioned to
pay, within the amount of such surety bonds, policies of insurance, quali-
fications as a self-insurer or other securities or agreements, any final judg-
ment recovered against such carrier for bodily injuries to or the death
of any person, or for loss or damage to property of others, resulting from
the operation, maintenance, or use of motor vehicles, street cars, or other
equipment or facilities utilized in furnishing transportation subject to

is Act.

(b) No taxicab shall be permitted to transport passengers between
a point in the jurisdiction of a signatory to a point in the jurisdiction of
another signatory within the Metropolitan District unless the taxicab and
the person or persons licensed by any signatory to own and/or operate
such taxicab shall comply with such reasonable regulations as the Commis-
sion shall prescribe governing the filing and approval of surety bonds,
policies of insurance, qualifications as a self-insurer, or other securities or
agreements, in such reasonable amounts as the Commission may require,
conditioned to pay within the amount of such surety bonds, policies of
insurance, qualifications as a self-insurer or other securities or agree-
ments, any final judgment recovered against such taxicab for bodily
injuries to or the death of any person, or for loss or damage to property
of others, resulting from the operation, maintenance or use of taxicabs
utilized in furnishing transportation subject to this Act.
Accounts, Records and Reports; Depreciation

10. (a) The Commission may require annual or other periodic
reports, and special reports, from any carrier; prescribe the manner and
form in which such reports shall be made; and require from any such
carrier specific answers to all questions upon which the Commission deems
information to be necessary. Such reports shall be under oath whenever
the Commission so requires.

(b) Each carrier subject to the Commission shall keep such accounts,
records, and memoranda with respect to activities in which it is engaged
(whether or not such activities constitute transportation subject to this
Act), including accounts, records, and memoranda of the movement of
traffic, as well as of the receipts and expenditures of money, as the Com-
mission by regulation prescribes. The Commission shall by regulation pre-
scribe the form of such accounts, records, and memoranda, and the length
of time that they shall be preserved.

(c) The Commission shall prescribe regulations requiring carriers to
maintain appropriate accounting reserves against depreciation. The Com-
mission may prescribe the classes of property for which depreciation
charges may properly be included under operating expenses and the rate of
depreciation which shall be charged with respect to each of such classes of
property, and may classify the carriers as it may deem proper for this pur-
pose. The Commission may, when it deems necessary, modify the classes
and rates so prescribed. Carriers shall not charge to operating expenses
any depreciation charges on classes of property other than those pre-
scribed by the Commission, or charge with respect to any class of property
a rate of depreciation other than that prescribed therefor by the Commis-
sion, and no carrier shall include under operating expenses any deprecia-
tion charge other than as prescribed by the Commission.

(d) At all times the Commission and each of its members shall have
access to all lands, buildings, and equipment of all carriers, and to all
accounts, records, and memoranda kept by such carriers. When authorized
by the Commission to do so, any employee of the Commission may inspect
any such land, buildings, equipment, accounts, records, and memoranda.
This section shall apply, to the extent found by the Commission to be rea-
sonably necessary for the administration of this Act, to any person con-
trolling, controlled by or under common control with, any carrier.

(e) Any carrier which operates both inside and outside of the Metro-
politan District and which has its principal office outside of the Metropoli-
tan District, may keep all of its accounts, records, and memoranda at such
principal office but shall produce such accounts, records, and memoranda
before the Commission whenever the Commission shall so direct.

(f) Nothing in this section shall relieve any carrier from the obliga-
tions imposed upon it with respect to the matters covered in this section
by any state or Federal regulatory commission in connection with trans-
portation service rendered outside the Metropolitan District.

Issuance of Securities

11. (a) As used in this section the term “securities”? means stocks;
stock certificates, or bonds, mortgages, other evidences of indebtedness
payable in more than one year from date of issuance, except obligations
covered by conditional sales contracts, or any guaranty of or assumption
of liability on any of the foregoing.

(b) Subject to subsection (g) of this section, no carrier subject to
this Act shall issue any securities, or directly or indirectly receive any
money, property, or services in payment of securities issued or to be issued
by it, until the Commission, by order, shall have approved the issuance of
such securities.

(c) Upon application made to it by any such carrier for approval of
the issuance of securities, the Commission, after affording reasonable
opportunity for hearing to interested parties, shall by order approve or dis-
approve the issuance of such securities. The Commission shall give its
approval if it finds that the proposed issuance of securities is not contrary
to the public interest.
(d) Any such order of the Commission approving the issuance of
securities shall specify the purposes for which the proceeds from the sale
or other disposition thereof are to be used and the terms and conditions
under which such securities shall be issued and disposed of. It shall be
unlawful for the applicant to apply such proceeds, or to issue or dispose
of such securities, in any manner other than as specified by the Commis-
sion in its order. ;

(e) Any securities issued in violation of this section shall be void.

(f) Nothing in this Act shall impair any authority of the Interstate
Commerce Commission, the Public Service Commission of Maryland, or the
State Corporation Commission of Virginia to regulate the issuance of secur-
ities by any carrier which does not operate exclusively in the Metropolitan
District, or relieve any carrier from the obligations imposed by the Secur-
ities Act of 1933, as amended (Act of May 27, 1983, C. 38 Title I, 48 Stat.
74, as amended), or from the obligations imposed by any Blue Sky or
similar laws of the signatories.

(g) The Commission may by regulation, order or otherwise, to the ex-
tent deemed by it to be consistent with the public interest, exempt from
the operation of this section any carrier which does not operate exclusively
in such area and which, before issuing securities, must obtain the approval
of the Interstate Commerce Commission, the Public Service Commission
of Maryland, or the State Corporation Commission of Virginia.
Consolidations, Mergers, and Acquisition of Control ;

12. (a) It shall be unlawful, without approval of the Commission in
accordance with this section—

1) for two or more carriers, any one of which operates in the Metro-
politan District, to consolidate or merge their properties or franchises, or
any part thereof, into one person for the ownership, management, or opera-
tion of properties theretofore under separate ownership, management, or
operation; or

(2) for any carrier which operates in the Metropolitan District or
any person controlling, controlled by, or under common control with, such
a carrier (i) to purchase, lease, or contract to operate the properties, or any
substantial part thereof, of any carrier which operates in such Metropoli-
tan District, or (ii) to acquire control, through ownership of its stock or
otherwise, or any carrier which operates in such Metropolitan District.

) Any person seeking approval of any transaction to which subsec-
tion (a) applies shall make application to the Commission in accordance
with such regulations as the Commission shall prescribe. If, after hearing
held upon reasonable notice, the Commission finds that, subject to such
terms, conditions, and modifications as it shall find to be necessary, the pro-
posed transaction is consistent with the public interest, it shall enter an
appropriate order approving and authorizing such transaction as so condi-

ioned.

(c) It shall be unlawful to continue to maintain or exercise any owner-
ship, management, operation or control accomplished or effectuated in vio-
lation of subsection (a) of this section.

(d) Pending the determination of an application filed with the Com-
mission for approval of a consolidation or merger of the properties of
two or more carriers, or of a purchase, lease, or contract to operate
the properties of one or more carriers, the Commission may, in its
discretion, and without hearings or other proceedings, grant temporary
approval, for a period not exceeding 180 days of the operation of the
carrier properties sought to be acquired by the person proposing in such
pending application to acquire such properties, if it shall appear that
failure to grant such temporary approval may result in destruction of or
injury to such carrier properties sought to be acquired, or to inter-
fere substantially with their future usefulness in the performance of
adequate and continuous service to the public.
Complaints and Investigations by the Commission .

_ 18. (a) Any person may file with the Commission a complaint in writ-
ing with respect to anything done or omitted to be done by any person in
contravention of any provision of this Act, or of any requirement estab-
lished pursuant thereto. If the person complained against shall not satisfy
the complaint and there shall appear to be any reasonable grounds for an
investigation, the Commission shall investigate the matters complained of.
Whenever the Commission is of the opinion that any complaint does not
state facts which warrant action on its part, it may dismiss the complaint
without hearing. At least ten (10) days before the date it sets a time and
place for a hearing on a complaint, the Commission shall notify the person
complained of that the complaint has been made.

(b) The Commission may investigate any facts, conditions, practices,
or matters which it may find necessary or proper in order to determine
whether any person has violated or is about to violate any provision of this
Act or any rule, regulation, or order thereunder, or to aid in the enforce-
ment of the provisions of this Act or in prescribing rules or regulations
thereunder, or in obtaining information to serve as a basis for recommend-
ing further legislation. The Commission shall have the same power to pro-
ceed with any investigation instituted on its own motion as though it had
been appealed to by complaint.

(c) If, after affording to interested persons reasonable opportunity for
hearing, the Commission finds in any investigation instituted upon com-
plaint or upon its own initiative, that any person has failed to comply with
any provision of this Act or any requirement established pursuant thereto,
the Commission shall issue an appropriate order to compel such person to
comply therewith.

(d) For the purpose of any investigation or any other proceeding
under this Act, any member of the Commission, or any officer designated
by it, is empowered to administer oaths and affirmations, subpoena wit-
nesses, compel their attendance, take evidence, and require the production
of any books, papers, correspondence, memoranda, contracts, agreements,
or other records which the Commission finds relevant or material to the
inquiry.

Hearings; Rules of Procedure

14. Hearings under this Act may be held before the Commission, any
member or members thereof, or any representative of the Commission de-
signated by it, and appropriate records thereof shall be kept. All hearings,
investigations, and proceedings under this Act shall be governed by rules
of practice and procedure to be adopted by the Commission, and in the con-
duct thereof the technical rules of evidence need not be applied. No in-
formality in any hearing, investigation, or proceeding or in the manner of
taking testimony shall invalidate any order, decision, rule, or regulation
issued under the authority of this Act.

Administration Powers of Commission; Rules,
Regulations and Orders

15. The Commission shall have power to perform any and all acts, and
to prescribe, issue, make, amend, and rescind such orders, rules, and regula-
tions as it may find necessary or appropriate to carry out the provisions
of this Act. Such rules and regulations may prescribe the form or forms
of all statements, declarations, applications, and reports to be filed with the
Commission, the information which they shall contain, and the time within
which they shall be filed. Unless a different date is specified therein, rules
and regulations of the Commission shall be effective thirty (30) days after
publication in the manner which the Commission shall prescribe. Orders
of the Commission shall be effective on the date and in the manner which
the Commission shall prescribe. For the purposes of its rules and regula-
tions, the Commission may classify persons and matters within its jurisdic-
tion and prescribe different requirements for different classes of persons or
matters. All rules and regulations of the Commission shall be filed with its
secretary and shall be kept open in convenient form for public inspection
and examination during reasonable business hours.

Reconsideration of Orders ;

_ 16. Any person affected by any final order or decision of the Commis-
sion may, within thirty days after the publication thereof, file with the
Commission an application in writing requesting a reconsideration of the
matters involved, and stating specifically the errors claimed as grounds for
such reconsideration. No person shall in any court urge or rely on any
ground not so set forth in such application. The Commission, within thirty
(30) days after the filing of such application, shall either grant or deny it.
If such application is granted, the Commission, after giving notice thereof
to all interested persons, shall, either with or without hearing, rescind,
modify, or affirm its order or decision. The filing of such an application
shall act as a stay upon the execution of the order or decision of the
Commission until the final action of the Commission upon the application,
except that upon written consent of the applicant such order or decision
shall not be stayed unless otherwise ordered by the Commission. No
appeal shall lie from any order of the Commission until an application
for reconsideration has been made and determined.

Judicial Review

17. (a) Any party to a proceeding under this Act aggrieved by an
order issued by the Commission in such proceeding may obtain a review of
such order in the court of appeals of the United States for the fourth cir-
cuit, or in the United States Court of Appeals for the District of Columbia,
by filing in such court, within sixty (60) days after the order of the Com-
mission upon the application for rehearing, a written petition praying that
the order of the Commission be modified or set aside. A copy of such petition
shall forthwith be served upon any member of the Commission and there-
upon the Commission shall certify and file with the court a transcript of the
record upon which the order complained of was entered. Upon the filing of
such transcript such court shall have exclusive jurisdiction to affirm, mod-
ify, or set aside such order. The finding of the Commission as to the
facts, if supported by substantial evidence, shall be conclusive. If any
party shall apply to the court for leave to adduce additional evidence, and
shall show to the satisfaction of the court that such additional evidence is
material and that there were reasonable grounds for failure to adduce such
evidence in the proceedings before the Commission, the court may order
such additional evidence to be taken before the Commission and to be ad-
duced upon the hearing in such manner and upon such terms and conditions
as to the court may seem proper. The Commission may modify its findings
as to the facts by reason of the additional evidence so taken, and it shall file
with the court such modified or new findings, which if supported by sub-
stantial evidence, shall be conclusive, and its recommendation, if any, for
the modification or setting aside of the original order. The court may affirm
or set aside any such order of the Commission, and state the reasons there-
for, and such judgment shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as provided in
§§ 239 and 240 of the Judicial Code, as amended (U.S.C. Title 28,
§§ 346 and 347).

(b) The commencement of proceedings under subsection (a) of this
section shall not, unless specifically ordered by the court, operate as a stay
of the Commission’s order.

(c) The Commission shall not, nor shall any of its members, officers,
agents, or employees, be taxed with any costs, nor shall they or any of them
be required to give any supersedeas bond or security for cost or damages
on any appeal whatsoever taken under this compact. Said Commission, or
any of its members, officers, agents, or employees, shall not be liable to suit
or action or for any judgment or decree for any damages, loss, or InJUr}
claimed by any person resulting from action taken under this compact, nol
required in any case arising under this compact to make any deposit fo.
costs or pay for any service to the clerks of any court or to the marshal of
the United States.

Enforcement of Act; Penalty for Violations ;

18. (a) Whenever it shall appear to the Commission that any person is
engaged or about to engage in any acts or practices which constitute or wil
constitute a violation of the provisions of this Act, or of any rule, regula.
tion, or order thereunder, it may, in its discretion, bring an action in the
United States District Court for any district in which such person resides
or carries on business or in which the violation occurred, to enjoin such acts
or practices and to enforce compliance with this Act or any rule, regulation
or order thereunder, and upon a proper showing a permanent or temporary
injunction or decree or restraining order shall be granted without bond.

(b) Upon application of the Commission, the United States District
Court for any district in which such person resides or carries on business,
or in which the violation occurred, shall have jurisdiction to issue appro-
priate order or orders commanding any person to comply with the provi-
sions of this Act or any rule, regulation, or order of the Commission
thereunder.

(c) The Commission may employ such attorneys as it finds necessary
for proper legal aid and service of the Commission or its members in the
conduct of their work, or for proper representation of the public interest
in investigations made by it, or cases or proceedings pending before it,
whether at the Commission’s own instance or upon complaint, or to appear
for or represent the Commission in any case in court; and the expenses of
such employment shall be paid out of any funds of the Commission.

(d) Any person knowingly and wilfully violating any provisions of
this statute, or any rule, regulation, requirement, or order thereto, or
any term or condition of any certificate shall, upon conviction thereof, be
fined not more than $100 for the first offense and not more than $500 for
any subsequent offense. Each day of such violation shall constitute a
separate offense.

Expenses of Investigations and Other Proceedings |

19. (a) All reasonable expenses of any investigation, or other pro-
ceeding of any nature, conducted by the Commission, of or concerning
any carrier, and all expenses of any litigation, including appeals, arising
from any such investigation or other proceeding, shall be borne by such
carrier. Such expenses, with interest at not to exceed 6 per centum (6%)
per annum may be charged to operating expenses and amortized over
such period as the Commission shall deem proper and be allowed for in
the rates to be charged by such carrier. When any such investigation or
other proceeding has been initiated it shall be the duty of the carrier
to pay to the Commission, from time to time, such reasonable sum or
sums as, in the opinion of the Commission, are necessary to cover the
expenses which by this section are required to be borne by such carrier.
The money so paid by the carrier shall be deposited in the name and to
the credit of the Commission, in any bank or other depository located in
the Metropolitan District designated by the Commission, and may be dis-
pursed by the Commission for the purpose of defraying expenses of the
investigation, proceeding, or litigation in question. Any unexpended balance
of the sum or sums so paid by such carrier remaining after the payment
of such expenses shall be returned to such carrier.

(b) The amount expended by the Commission in any calendar year in
all investigations or other proceedings of or concerning any one carrier
; ex
(1) one-half of one per centum of the gross operating revenues of
such carrier, derived from transportation subject to this Act, for its
last preceding fiscal year; or ;

(2) in the case of a carrier which was not engaged in such trans-
portation during the whole of its last preceding fiscal year, one-half of
1 per centum of the average gross operating revenues, derived from trans-
portation subject to this Act, of all other carriers (exclusive of carriers
to which this subparagraph (2) applies) for their last preceding fiscal
year.

(c) For the purpose of subsections (a) and (b) of this section— _

The provisions of this section shall apply to any person engaged in
transportation subject to the Act and any person who makes application
under Section 4 for a certificate of public convenience and necessity.
Applicability of Other Laws

20. (a) Upon the date this Act becomes effective, the applicability
of all laws of the signatories, relating to or affecting transportation sub-
ject to this Act and to persons engaged therein, and all rules, regulations
and orders promulgated or issued thereunder, shall, except to the extent
in this Act specified, be suspended, except that—

(1) The laws of the signatories relating to inspection of equipment
and facilities, wages and hours of employees, insurance or similar security
requirements, school fares, and free transportation for policemen and fire-
men shall remain in force and effect. ;

(2) Upon the date this Act becomes effective, Certificates of Public
Convenience and Necessity or Permits issued by the Interstate Commerce
Commission to any carrier subject to the jurisdiction of this Commission
shall be suspended only during the existence of this compact, provided
such suspension shall not affect the authority of such certificate or permit
holder to transport special and chartered parties as now authorized by
the Interstate Commerce Act and the rules and regulations promulgated
thereunder by the Interstate Commerce Commission, notwithstanding any
other provisions of this Act.

(b) In the event any provision or provisons of this Act exceed the
limits imposed upon the legislature of any signatory by the Constitution of
such signatory, the obligations, duties, powers, or jurisdiction sought to be
conferred by such provision or provisions upon the Commission shall be
ineffective and such obligations, duties, powers or jurisdiction shall
remain in the signatory and shall be exercised by the agency thereof to
which such obligations, duties, powers or jurisdiction are delegated by law
in effect at the time this compact becomes effective. Such agency, however,
in order to achieve the objective of this compact to effectuate the regula-
tion of mass transit on a unified and coordinated basis throughout the
Metropolitan District, shall refer to the Commission for its recommenda-
tions all matters arising under this Title so reserved to such signatory
and all matters exempted from this Title pursuant to the proviso clause
of Section 1 (b) of this Title. The recommendations of the Commission
with respect to such matters shall be advisory only.

Existing Rules, Regulations, Orders, and Decisions

21. All rules, regulations, orders, decisions, or other action pre-
scribed, issued, made, or taken by the Interstate Commerce Commission,
the Public Utilities Commission of the District of Columbia, the Public
Service Commission of Maryland, or the State Corporation Commission of
Virginia, and which are in force at the time this section takes effect, with
respect to transportation or persons subject to this Act, shall remain in
effect, and be enforceable under this Act and in the manner specified by
this Act, according to their terms, as though they had been prescribed,
issued, made, or taken by the Commission pursuant to this Act, unless and
until otherwise provided by such Commission in the exercise of its powers
under this Act.
Transfer of Records ;

22. The Public Utilities Commission of the District of Columbia, the
Interstate Commerce Commission, the State Corporation Commission of
Virginia, and the Public Service Commission of Maryland shall transfer
or make available to the Commission such of their records as pertain to
matters which by this Act are placed under the jurisdiction of the latter
Commission.

Pending Actions or Proceedings ; .

23. (a) No suit, action, or other judicial proceeding commenced prior
to the date this Act takes effect by or against the Public Utilities Com-
mission of the District of Columbia, the Interstate Commerce Commission,
the Public Service Commission of Maryland, or the State Corporation Com-
mission of Virginia, or any officer of any such commission in his official
capacity or in relation to his discharge of official duties, shall be affected
by the enactment of this compact and same shall be prosecuted and deter-
mined in accordance with the law applicable at the time such proceeding
was commenced. ;

(b) To the extent that the Commission determines such action to be
necessary or appropriate in the exercise of the powers and duties vested in
or imposed upon it by this Act, such Commission shall continue and carry
to a conclusion any proceeding, hearing, or investigation which, at the time
this compact takes effect, is pending before the Public Utilities Commis-
sion of the District of Columbia, the Interstate Commerce Commission, the
Public Service Commission of Maryland, or the State Corporation _Com-
mission of Virginia. In the event the Commission assumes jurisdiction in
any such case, it shall be governed by the provisions of this compact and
not by the provisions of law applicable at the time the proceedings were
instituted.

Annual Report of the Commission

24. The Commission shall make an annual report for each fiscal year
ending June thirtieth, to the Governor of Virginia and the Governor of
Maryland, and to the Board of Commissioners of the District of Columbia
as soon as practicable after June thirtieth, but no later than the lst day
of January of each year, which shall contain, in addition to a report of
the work performed under this Act, such other information and recom-
mendations concerning passenger transportation within the Metropolitan
District, as the Commission deems advisable.

2. Until such time as Maryland and Congress approve the Compact as
amended by the General Assembly in regular session in 1964 the Compact
heretofore adopted shall prevail.