CHAPTER 170

An Act to amend and reenact §§ $3-178.1, as amended, and 38-245, as
amended, of the Code of Virginia, both relating to free passage over
State revenue bond facilities.

[H 325]

Approved March 12, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-173.1, as amended, and 33-245, as amended, of the Code of
Virginia be amended and reenacted as follows:

§ 33-173.1. It shall be unlawful for the State Highway Department
or any employee thereof to give or permit free passage over any bridge or
ferry which has been secured through the issuance of revenue bonds and
which bonds are payable from the revenues of such project. Every vehicle
shall pay the same toll as others similarly situated. The provisions hereof
shall apply with full force and effect to vehicles and employees of the
State government, governments of counties, cities and towns or other
political subdivisions, and to vehicles and persons of all other categories
and descriptions, public, private, eleemosynary, or otherwise. There shall
be excepted from the provisions of this section vehicles and persons
in the employ of the State Department of Highways when actually
engaged in the performance of their duties as such, and personnel and
vehicles of the Virginia State Police and employees and vehicles of the
Division of Motor Vehicles when actually engaged in the performance of
their duties as such, local police officers, sheriffs and their deputies, and
fire-fighting equipment and ambulances owned by a political subdivision
or a nonprofit association or corporation, including passengers therein and
operators thereof, when engaged in the performance of their official duties.

§ 33-245. The Commission shall fix and revise from time to time
as may be necessary tolls for the use of each project or projects on
account of which bonds are issued under the provisions of this article and
shall charge and collect the same and may contract with any person, part-
nership, association or corporation desiring the use of such project or
projects, approaches and appurtenances, and any part thereof, for placing
thereon water, gas, oil pipe lines, telephone, telegraph, electric light or
power lines, or for any other purpose, and may fix the terms, conditions
and rates and charges for such use. Such tolls shall be so fixed and
adjusted, in respect of the aggregate of tolls from the project or projects
on account of which a single issue of bonds is issued under this article,
as to provide a fund sufficient with other revenues of such project or
projects, if any, to pay (a) the cost of maintaining, repairing and operat-
ing such project or projects unless such cost shall be otherwise provided
for and (b) such bonds and the interest thereon as the same shall become
due. Such tolls shall not be subject to supervision or regulation by any
other State commission, board, bureau or agency. Notwithstanding § 33-11
and § 22-277, as amended, it shall be unlawful for the State Highway
Department or any employee thereof to give or permit free passage over
any project set forth in subsection (2) of § 33-228, which has been secured
through the issuance of revenue bonds and which bonds are payable from
the revenues of such project. Every vehicle and person shall pay the same
toll as others similarly situated. The provisions hereof shall apply with
full force and effect to vehicles and employees of the State government,
governments of counties, cities and towns or other political subdivisions,
and to vehicles and persons of all other categories and descriptions, public,
private, eleemosynary or otherwise. There shall be excepted from the pro-
visions of this section vehicles and persons in the employ of the State
Department of Highways when actually engaged in the performance of
their duties as such, and personnel and vehicles of the Virginia State
Police and employees and vehicles of the Division of Motor Vehicles when
actually engaged in the performance of their duties as such, local police
officers, sheriffs and their deputies, and fire-fighting equipment and ambu-
lances owned by a political subdivision or a non-profit association or cor-
poration, including passengers therein and operators thereof, when en-
gaged in the performance of their official duties.