CHAPTER 693

An Act to amend and reenact §§ 56-804.1, 56-804.2:1, 56-804.4, 56-804.é
56-804.6, 56-804.6:1, 56-804.6:2, 56-804.7, 56-804.9, 56-804.11 ans
56-304.12, as severally amended, of the Code of Virginia, relating t
the registration, classification and identification of certain vehicles
to cards, plates and other evidences thereof and fees therefor; anc
to penalties for violations.

[H 1000]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 56-804.1, 56-304.2:1, 56-304.4, 56-304.5, 56-304.6, 56-304.6:1,
56-304.6:2, 56-304.7, 56-304.9, 56-304.11 and 56-304.12, as_ severally
amended, of the Code of Virginia be amended and reenacted as follows:

§ 56-304.1. Registration cards and identification markers. — No
person shall operate or cause to be operated for compensation on any
highway in this State any passenger vehicle having seats for more than
seven passengers in addition to the driver, or any road tractor, or any
tractor truck, or any truck having more than two axles, that is not re-
quired by law to display license plates issued by the Division of Motor
Vehicles, unless there has been issued by the Commission to the owner or
operator of the vehicle a registration card or stamp and an identification
marker, when in the opinion of the Commission a marker should be issued,
for each vehicle so operated. At all times the registration card or stamp
shall be carried in the vehicle for which it is issued. The marker, when
tssued, shall have on it the same number that appears on the registration
card or stamp and shall at all times be displayed on the vehicle.

The Commission’s decision that a vehicle is or is not required by
law to display license plates issued by the Division of Motor Vehicles shall
be binding on the Division and on the trial courts.

§ 56-8304.2:1. Warrants, classification plates, permits and insur-
ance for leased trucks or tractors.—Every lessor of a truck * other than
a truck with two azles leased to a private carrier and every lessor of a
tractor who leases it under a written contract for less than thirty days,
or who leases it under an oral contract, shall comply with the provisions
of this title applicable to contract carriers relating to warrants, classifi-
cation plates, permits and insurance.

Every lessor of a truck * other than a truck with two azles leased
to a private carrier and every lessor of a tractor who leases it under a
written contract for thirty days or longer shall comply with the pro-
visions of this title applicable to contract carriers relating to warrants
and classification plates; and the name of the lessee, as well as the name
of the lessor, shall appear in the warrant; and no person other than the
lessee named in the warrant shall operate or cause to be operated the
vehicle on the highways of this State.

§ 56-804.4. Fees. — For issuing each warrant, each exemption card
and each registration card for a vehicle engaged in the transportation of
passengers, the Commission shall collect from the applicant a fee of one
dollar. For issuing each warrant, each exemption card, each registration
card and each stamp for a vehicle engaged in the transportation of prop-
erty, the Commission shall collect from the applicant a fee of two dollars.
provided, however, the Commission may increase this fee to a maximurr
of three dollars if necessary to defray the cost of administering and en:
forcing the provisions of Article 8 (§ 56-304 et seq.). The fees shall be
paid into the highway maintenance and construction fund.

§ 56-804.5. Road Taxes. — No warrant, exemption card, registra
tion card or stamp shall be issued unless the applicant certifies that hi
has made all road tax reports and paid all road taxes then due from him
under Articles 12 and 13 (§ 58-627 et seq.) of Chapter 12 of Title 58 of
the Code of Virginia.

§ 56-304.6. Agent for service of process, — No warrant, exemption
card, * registration card or stamp shall be issued to any nonresident ap-
plicant unless he files with the Commission a power of attorney appoint-
ing the Secretary of the Commonwealth or some other suitable person
residing in Virginia as his agent on whom process and orders may be

served.

§ 56-304.6:1. Authority from Interstate Commerce Commission,
etc., prerequisite to issuance of warrant, exemption card, etc. — No
warrant, exemption card, * registration card or stamp shall be issued to
any applicant under §§ 56-304, 56-304.1 or 56-304.2 until such applicant
has obtained appropriate authority from the Interstate Commerce Com-
mission, if such authority is required and has registered evidence of such
authority, if any, with the State Corporation Commission, or if no au-
thority is required by the Interstate Commerce Act, until such applicant
has certified to the State Corporation Commission the fact of nonrequire-
ment of authority by the Interstate Commerce Act.

Such registration of authority or certificate of nonrequirement of
authority shall be made annually.

§ 56-304.6:2. Compliance with liability insurance requirements
prerequisite to issuance of warrant, exemption card, etc. — No warrant,
exemption card, * registration card or stamp shall be issued unless the
applicant has complied with the State Corporation Commission’s regu-
lations as to certifying existence of personal injury and property damage
liability insurance of an amount not less than that required by § 56-300
or certifies that proper insurance is on file with the Interstate Commerce
Commission pursuant to the requirements of that Commission.

§ 56-304.7. Expiration dates. — Every warrant, exemption card
and classification plate * issued by the Commission shall expire on the
fifteenth day of April following the first day of January following the
date on which it was issued. *

Every registration card and identification marker issued by the Com-
mission shall expire on the thirtieth day of June following the first day
of January following the date on which it was issued. *

Every stamp issued by the Commission shall expire on the thirty-first
day of January following the first day of January following the date on
which it was issued.

§ 56-304.9. Temporary emergency operation. — In an emergency,
the Commission may, by letter or telegram, authorize a vehicle to be
operated without a registration card, * stamp, warrant or exemption card
for not more than ten days. Before sending such letter or telegram the
Commission shall collect from the owner or operator a fee of ten dollars
for each vehicle so operated.

§ 56-304.11. Violations declared to be misdemeanors.—Any person
who operates or causes to be operated on any highway in Virginia any
motor vehicle that does not carry the warrant, exemption card, * regis-
tration card or stamp that this article requires it to carry, or any motor
vehicle that does not display in such manner as is prescribed by the Com-
mission the classification plate, * identification marker, or assigned num-
ber that this article requires it to display, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by a fine of not less than
ten nor more than two hundred dollars.

Any person who knowingly displays or uses on any vehicle operated
by him any classification plate, identification marker, or assigned number
which has not been issued to the owner or operator thereof for such
vehicle and any person who knowingly assists him to do so shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished by a
fine of not less than twenty-five nor more than five hundred dollars.

§ 56-304.12. Offenses punishable by the State Corporation Com-
mission. — The Commission may, by judgment entered after a hearing
on notice duly served on the defendant not less than ten days before the
date of the hearing, if it be proved that the defendant made any misrep-
resentation of a material fact to obtain a warrant, exemption card, * reg-
istration card or stamp, has made any improper use of any warrant,
exemption card, registration card, stamp, classification plate, identifica-
tion marker or identifying number is found to be operating contrary to
the provisions of § 56-304.6:1 or § 56-304.6:2, has violated any law of this
State regulating the operation of motor vehicles for compensation on the
highways of this State, has failed to make any report required by the
Commission, has failed to pay any fee or tax properly assessed against
him or has failed to comply with any lawful order, rule or regulation of
the Commission, impose a penalty, not exceeding one thousand dollars,
pene shall be collectible by the process of the Commission as provided

y law.
In addition to imposing such penalty, or without imposing such pen-
alty, the Commission may, in any such case, suspend or revoke any war-
rant, exemption card, registration card, stamp, classification plate, identi-
fication marker or identifying number issued pursuant to this article.

If, in any such case, it appears that the defendant owes any fee or
tax to the Commonwealth, the Commission shall enter judgment therefor.