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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD0672845Be it enacted by the General Assembly of Virginia:
1. That §§ 38.2-1902, 38.2-2217.1, 56-273, 56-274, 56-274.1, 56-275.01, 56-276, 56-279.1, 56-281, 56-282, 56-288, 56-291.3:3, 56-291.9, 56-291.11, 56-291.13, 56-292, 56-293.1, 56-294, 56-298, 56-300, 56-303, 56-304, 56-304.1, 56-304.2, 56-304.3 through 56-304.9, 56-304.11, 56-304.12, 56-304.15, 56-304.16, 56-309 through 56-312, 56-314, 56-316, 56-318, 56-319, 56-320, 56-324.1, 56-325, 56-329, 56-334, 56-335, 56-338.2, 56-338.7, 56-338.12, 56-338.15, 56-338.41:1, 56-338.62, 56-338.101, 56-338.116, 56-338.120, 58.1-2700, 58.1-2701, 58.1-2702, 58.1-2705 and 58.1-2706 of the Code of Virginia are amended and reenacted as follows:
§ 38.2-1902. Scope of chapter.
A. Except as provided in subsection B of this section, this chapter applies to the classes of insurance defined in §§ 38.2-110 through 38.2-122.1, §§ 38.2-124 through 38.2-128 and §§ 38.2-130 through 38.2-133.
B. This chapter does not apply to:
1. Insurance written through the Virginia Workers' Compensation Plan pursuant to Chapter 20 (§ 38.2-2000 et seq.) of this title;
2. Insurance on a specific risk as provided in § 38.2-1920;
3. Reinsurance, other than joint reinsurance, to the extent stated in § 38.2-1915;
4. Life insurance as defined in § 38.2-102;
5. Annuities as defined in §§ 38.2-106 and 38.2-107;
6. Accident and sickness insurance as defined in § 38.2-109;
7. Title insurance as defined in § 38.2-123;
8. Insurance of vessels or craft used primarily in a trade or business, their cargoes, marine builders' risks and marine protection and indemnity;
9. Insurance against loss of or damage to hulls of aircraft, including their accessories and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance or use of aircraft;
10. Automobile bodily injury and property damage liability insurance issued
to: (i) any motor carrier of property who is required to file such insurance
with the Commission pursuant to § 56-299 or any amendment to that section;
(ii) any petroleum tank truck carrier required by any rule or regulation
of the Commission under § 56-338.36 to file such insurance with the
Commission; or (iii) (ii) any motor carrier of
property required by 49 U.S.C.A. § 315, or any rule or regulation prescribed
by the Interstate Commerce Commission pursuant to 49 U.S.C.A. § 315, to file
such insurance with the Interstate Commerce Commission;
11. Uninsured motorist coverage required by subsection A of § 38.2-2206;
12. Insurance written through the Virginia Automobile Insurance Plan. However, § 38.2-1905 shall apply to insurance written through the Plan;
13. Insurance provided pursuant to Chapter 27 (§ 38.2-2700 et seq.) of this title;
14. Home protection contracts as defined by § 38.2-2600 and their rates until such time as the Commission determines there is sufficient competition in the industry as provided by § 38.2-2608.
C. This chapter shall not apply to any class of insurance written (i) by any mutual assessment property and casualty insurance company organized and operating under the laws of this Commonwealth and doing business only in this Commonwealth, or (ii) by any mutual insurance company or association organized under the laws of this Commonwealth, conducting business only in this Commonwealth, and issuing only policies providing for perpetual insurance.
§ 38.2-2217.1. Insurers required to renew motor vehicle liability coverage for vanpools; exceptions.
A. As used in this section, "vanpooling" means the type of joint arrangement
as defined in subdivision (10) 10 of § 56-274 and where
such motor vehicles are used to transport commuters to and from their places
of employment on a regular basis. "Motor vehicle" as used in this section
shall mean any motor vehicle designed to transport not less than ten nor more
than fifteen passengers in fixed seats.
B. No insurer as defined in § 38.2-2212 shall cancel or refuse to renew a policy of liability insurance coverage for motor vehicles used in vanpooling as defined in subsection A of this section for a period of one year following July 1, 1986, except for one or both of the following specified reasons:
1. The named insured fails to discharge when due any payment of the premium for the policy or any installment thereof; or
2. The driving record of the named insured or any regular driver is such that it substantially increases the risk.
C. Notwithstanding any provision of this section, on and after July 1, 1986, no insurer who issues or renews a policy of motor vehicle liability insurance to an insured who intends to use a vehicle for vanpooling which was not so used at the time the policy was issued or last renewed shall be subject to the provisions of this section unless the insurer has received by certified mail thirty days' written notice that the insured intends to use the vehicle for vanpooling.
§ 56-273. Definitions.
Whenever used in this chapter unless expressly stated otherwise:
The term "person" “Person” means any
individual, firm, copartnership, corporation, company, association or
joint-stock association, and includes any trustee, receiver, assignee, or
personal representative thereof.
The term "highway" “Highway” means every
public highway or place of whatever nature open to the use of the public for
purposes of vehicular travel in this Commonwealth, including the streets and
alleys in towns and cities.
The term "motor vehicle" “Motor vehicle” means
any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used upon the highways in the transportation of
passengers or property, but does not include any vehicle, locomotive or car
operated exclusively on a rail or rails.
The term "common carrier by motor vehicle" “Common
carrier by motor vehicle” means any person who undertakes, whether
directly or by a lease or any other arrangement, to transport passengers
or property for the general public by motor vehicle for
compensation over the highways of the Commonwealth, whether over regular or
irregular routes, including such motor vehicle operations of carriers by rail
or water and of express or forwarding companies under this
chapter.
The term "restricted common carrier by motor vehicle"
“Restricted common carrier by motor vehicle” means any person
who undertakes, whether directly or by a lease or other arrangement, to
transport passengers or property of any restricted class or
classes by motor vehicle for compensation, whether over regular or irregular
routes.
The term "contract carrier by motor vehicle" “Motor
carrier of property” means any person, not included under other
definitions of this section, who under special and individual contracts or
agreements, and whether directly or by a lease or any other arrangement,
transports property by motor vehicle for compensation.
The term "taxicab or other motor vehicle performing a taxicab service"
“Taxicab or other motor vehicle performing a taxicab
service” means any motor vehicle having a seating capacity of not
more than six passengers and not operating on a regular route or between
fixed terminals used in the transportation of passengers for hire or for
compensation, not a common carrier or restricted common carrier as defined in
this chapter.
The term "motor carrier" “Motor carrier”
includes a common carrier by motor vehicle, a restricted common carrier
by motor vehicle, and a contract motor carrier of
property by motor vehicle.
The term "broker" “Broker” means any person not
included in the term "motor carrier" and not a bona fide employee or agent
of any such carrier, who, as principal or agent, sells or offers for sale any
transportation subject to this chapter, or negotiates for, or holds himself
out by solicitation, advertisement, or otherwise as one who sells, provides,
furnishes, contracts, or arranges for such transportation.
The "services”Services" and "transportation"
to which this chapter applies include the service of, and all
transportation by, all vehicles operated by, for, or in the interest of any
motor carrier irrespective of ownership or contract, express or implied,
together with all facilities and property operated or controlled by any such
carrier or carriers and used in the transportation of passengers or property
or the performance of any service in connection therewith.
The term "certificate" “Certificate” means a
certificate of public convenience and necessity issued by the State
Corporation Commission to common carriers by motor vehicle, household
goods carriers and restricted common carriers by motor vehicle under
this chapter authorizing the transportation of passengers or property,
or both household goods, over the public highways of this
Commonwealth; but nothing contained in this chapter shall be construed to
mean that the Commission can issue any such certificate authorizing intracity
transportation.
The term "permit" “Permit” means a permit
issued by the Commission to contract carriers motor carriers
of property by motor vehicle, or to operators of taxicabs or other
vehicles performing taxicab service under this chapter.
The term "warrant" means the warrant issued by the Commission for each
motor vehicle under this chapter.
The term "exemption card" means the exemption card issued by the
Commission for each exempt motor vehicle under this chapter.
“Registration card” means a card issued to the owner or operator of any vehicle operated under the provisions of this chapter or Chapters 12.1 (§ 56-338.1 et seq.), 12.3 (56-338.40 et seq.), 12.4 (§56-338.50 et seq.) and 12.8 (§ 56-338.104 et seq.) of Title 56 or issued in accordance with the International Fuel Tax Agreement.
“Decal” means an identification marker which is attached to the outside of each vehicle required to carry a registration card.
“Registration receipt” means any receipt issued pursuant to 49 CFR 1023 evidencing that the carrier has the required insurance and paid the requisite fees to the Commonwealth.
When “Route,” when used in connection with, or
with respect to, a certificate of public convenience and necessity the
word "route" , means the road or highway, or segment
thereof, operated over by the holder of a certificate of public convenience
and necessity or proposed to be operated over by an applicant therefor,
whether such road or highway is designated by one or more highway numbers.
The terms "operation" or "operations" “Operation” or
“operations” include the operation of all motor vehicles as
defined in this section, whether loaded or empty, whether for compensation or
not for compensation, and whether owned by or leased to the motor carrier who
operates them or causes them to be operated.
The term "minibus" “Minibus” means any motor
vehicle having a seating capacity of not less than seven nor more than
sixteen passengers and used in the transportation of passengers.
§ 56-274. Vehicles excluded from operation of chapter.
This chapter shall not be construed to include:
(1) 1. Motor vehicles employed solely in transporting
school children and teachers;
(2) 2. Taxicabs, or other motor vehicles performing
bona fide taxicab service, having a seating capacity of not more than six
passengers, while operating in a city, town or county which has or adopts an
ordinance regulating and controlling taxicabs and other vehicles performing a
bona fide taxicab service, and not operating on a regular route or between
fixed termini. Each operator of a motor vehicle performing a bona fide
taxicab service shall file insurance as required under § 56-299 unless
evidence can be shown the Commission that the operator is a self-insurer
under an ordinance of the city or an ordinance of the county where the home
office of the operator is located; and failure to keep insurance in force
shall subject the operator to cancellation of any authority under this
chapter;
(3) 3. Motor vehicles owned or operated by or on
behalf of hotels while used exclusively for the transportation of hotel
patronage between hotels and local railroad or other common carrier stations;
(4) 4. Motor vehicles owned and operated by the United
States, the District of Columbia, or any state, or any municipality or any
other political subdivision of this Commonwealth, including vehicles used
exclusively for handling United States mail; and passenger-carrying motor
vehicles while being operated under an exclusive contract with the United
States;
(5) 5. Motor vehicles while used exclusively in
transporting only bona fide employees directly to and from the factories,
plants, offices or other places of like nature where they are employed and
accustomed to work. The operator of such vehicle shall first secure from the
Commission a permit, and the necessary warrant for each vehicle so operated,
neither of which shall be issued by the Commission unless the applicant shall
furnish the Commission at the time the application is made, with a statement
in writing signed by the applicant setting forth the name and location of the
factories, plants, offices or other places of like nature to and from which
the applicant proposes to operate, and that such applicant will transport
only bona fide employees of such factories, plants, offices or like places to
and from work, which permit shall be subject to revocation or suspension and
the holder thereof subject to the imposition of penalties by the Commission
for any of the causes and in the manner and to the extent provided for by §
56-297. Any permit issued by the Commission under the provisions of this
section prior to July 1, 1950, shall, unless suspended or revoked as herein
provided, continue to be valid; but any such permit or permit holder shall in
all other respects be subject to the provisions of this section;
(6) 6. Motor vehicles controlled and operated by a
bona fide cooperative association as defined in the Federal Marketing Act,
approved June 15, 1929, as amended, or organized or existing under Chapter 3,
Article 2 (§ 13.1-312 et seq.) of Title 13.1, while used exclusively in the
conduct of the business of such association;
(7) 7. Motor vehicles while used exclusively in
carrying water, livestock, poultry, poultry products, buttermilk, fresh milk
and cream, meats, butter and cheese produced on the farm, fish (including
shellfish), slate, horticultural or agricultural commodities (not including
manufactured products thereof), and forest products, including lumber and
staves (but not including manufactured products thereof), or in the
transportation of farm supplies being delivered to a farm or farms;
(8) 8. Motor vehicles while used exclusively in the
distribution of newspapers;
(9) 9. Motor vehicles while engaged in hauling for the
Department of Transportation;
(10) 10. Any motor vehicle while transporting not more
than fifteen passengers in addition to the driver, if the driver and the
passengers are engaged in a share-the-ride undertaking and if they share not
more than the expenses of operation of the vehicle. Regular payments toward a
capital recovery fund or used to pay for leasing the vehicle are to be
considered eligible expenses of operation;
(11) 11. Motor vehicles while used exclusively in the
transportation of passengers or property within the corporate limits of
incorporated cities or towns, and motor vehicles used exclusively in the
regular transportation of passengers within the boundaries of such cities or
towns and adjacent counties where such vehicles are being operated by such
county or pursuant to a contract with the board of supervisors of such
county;
(12) 12. Motor vehicles while used exclusively in
carrying fertilizer to any warehouse or warehouses for subsequent
distribution to a local area farm or farms;
(13) 13. Motor vehicles while used exclusively in
transporting bona fide domestic help and laborers from any county in which
they reside and shown by the 1960 United States census to have had a
population of fewer than 163,000 to and from their places of accustomed
employment in any county shown by the 1960 United States census to have had a
population in excess of 163,000, when adequate common carrier service for the
class of persons to be transported is not available or provided; provided,
that such service is limited to one vehicle and one operator. The operator of
such vehicle shall first secure from the Commission a permit, and the
necessary warrant registration card and decal for the
vehicle so operated, neither of which permit nor warrant
registration card or decal shall be issued by the Commission
unless the applicant shall furnish the Commission at the time application is
made, with a statement in writing signed by the applicant setting forth the
names of the persons to be transported, and that such applicant will
transport only the persons named or added from time to time to and from work,
which permit shall be subject to revocation or suspension and the holder
thereof subject to the imposition of penalties by the Commission for any of
the causes and in the manner and to the extent provided for by § 56-297;
(14) 14. Motor vehicles while used exclusively in
collecting and disposing of trash, garbage and other refuse;
(15) 15. Minibuses controlled and operated by a bona
fide nonprofit corporation organized or existing under Chapter 10 (§ 13.1-801
et seq.) of Title 13.1, or by a tax-exempt organization as defined in §§ 501
(c) (3) and 501 (c) (4) of the United States Internal Revenue Code, as from
time to time amended, while used exclusively in the transportation, for hire,
for compensation, or otherwise, of members of such organization if it is a
membership corporation, or of elderly, handicapped or economically
disadvantaged members of the community served by such organization if it is
not a membership corporation. Such minibuses shall not be operated over the
same or an adjacent route and on a similar schedule as a holder of a
certificate of public convenience and necessity or as a public transportation
authority. Each operator of a minibus hereby excluded shall be issued an
exemption card and classification plate a registration card and
decal under § 56-304 and shall file insurance as required under §
56-299 unless evidence can be shown the Commission that the operator is a
self-insurer under an ordinance of the city or an ordinance of the county
where the registered office of the operator is located. Failure to keep
insurance in force shall subject the operator to cancellation of its
exemption card and withdrawal of its classification plate
registration card and decal;
(16) 16. Motor vehicles while operated under the
exclusive regulatory control of a transportation district commission acting
pursuant to Chapter 32 (§ 15.1-1342 et seq.) of Title 15.1;
(17) 17. Ambulances controlled and operated in
accordance with Article 5 (§ 32.1-148 et seq.) of Chapter 5 of Title 32.1
and, further, each operator of an ambulance is exempted from the provisions
of Article 8 (§ 56-304 et seq.) of this chapter;
(18) 18. One insured vehicle which is owned by a
person as defined in § 56-273 and which is more than fifty years old, when
operated during the daytime on trips returning to the point of origin;
(19) 19. Motor vehicles used for the transportation of
passengers by nonprofit, nonstock corporations funded solely by federal,
state or local subsidies, the use of which motor vehicles
areis restricted as to regular and irregular routes to
contracts with four or more counties and, at the commencement of the
operation, no certificated carrier provides the same or similar services
within such counties;
20. Motor vehicles used for transporting property by an air carrier or carrier affiliated with a direct air carrier whether or not such property has had or will have a prior or subsequent air movement.
§ 56-274.1. Section 56-274 not to exempt from requirements of Article 8 of chapter.
The provisions of § 56-274, except paragraph (18)subdivision
18, shall not be construed to exempt any person or any vehicle from the
requirements of Article 8 (§ 56-304 et seq.) of this chapter relating to
exemption cards, classification plates, registration cards
and identification markersdecals.
§ 56-275.01. Filing fees generally.
Notwithstanding the provisions of Chapters 12 (§ 56-273 et seq.) through
12.5 (§ 56-338.65 et seq.) 12.8 (§ 56-338.104 et
seq.)and Chapter 14.1 (§ 56-457.1 et seq.) of Title 56, all filing fees
collected by the Commission for the issuance or transfer, if applicable, of
any certificate, license, permit, identification marker, classification
plate, stamp, warrant, registration receipt, registration
card, exemption card and decal pursuant to those chapters shall be
deposited into a special fund to be administered by the Commission. All fees
collected shall be used for the purpose of defraying the expenses of
administering the provisions of Chapters 12 (§ 56-273 et seq.) through
12.5 (§ 56-338.65 et seq.) 12.8 (§ 56-338.104 et seq.)
and Chapter 14.1 (§ 56-457.1 et seq.) of Title 56, and Chapter 27
(§ 58.1-2700 et seq.)of Title 58.1.
§ 56-276. Regulation by Commission; reports; prevention of discrimination; regulation of leasing of motor vehicles.
The Commission shall supervise, regulate and control all motor
common carriers by motor vehicle and restricted common
carriers by motor vehicle not herein exempted, doing business in this
Commonwealth, and all matters relating to the performance of their public
duties and their charges therefor, and shall correct abuses therein by such
motor carriers; and to that end the Commission shall, from time to
time, prescribe reasonable rules, regulations, forms and reports for such
motor carriers in furtherance of the administration and operation
of this chapter; and the Commission shall have the right at all times to
require from such motor carriers special reports and statements,
under oath, concerning their business.
The Commission shall, from time to time, make and enforce such requirements,
rules and regulations as may be necessary to prevent unjust or unreasonable
discriminations by any motor carrier in favor of, or against, any
person, locality, community or connecting carrier in the matter of service,
schedule, efficiency of transportation or otherwise, in connection with the
public duties of such motor carrier; and the Commission shall
administer and enforce all provisions of this chapter, and prescribe
reasonable rules, regulations and procedure looking to that end;
provided, however, that the Commission shall not have the power to regulate
or control the rates and charges of contract carriers by motor vehicle and it
shall not require any reports from such carriers with respect thereto.
The Commission may, from time to time, prescribe and enforce such reasonable requirements, rules and regulations in the matter of leasing of motor vehicles as are necessary to prevent evasion of the Commission's regulatory powers. This power of the Commission to regulate leasing shall not be limited to those motor carriers of property doing business in this State but shall include all persons not otherwise exempted who are operating motor vehicles on any highway in Virginia.
§ 56-279.1. Filing fees and annual fee.
Every applicant for a certificate and transfer of a certificate
under the provisions of this chapter shall, upon the filing of the
application, deposit with the Commission as a filing fee the
a sum of fifty dollars, and for the transfer of any
such certificate the sum of fifty dollars, and for approval of a lease the
sum of five dollars (to be paid by the lessee) and for the issuance of a
duplicate certificate the sum of three dollars. Such fees shall be paid for
the purpose of defraying the expenses of administering the provisions of law
with respect to the issuance of such certificatesto be set by the
Commission. An annual fee shall be imposed for all authority required under
this chapter. The amount of the filing fees, annual fee and the date of
payment shall be set by Commission general order or rule. Revenues from such
fees shall be used to defray the reasonable expenses of administering the
provisions of the chapter.
§ 56-281. No certificate to issue when service already adequate.
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 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 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. Commercial
zone operation shall mean picking up property for transportation by the
carrier over its certificated route from 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 1 or more of the following limits: (a) the
corporate boundaries of the city or town; (b) all points within 21/2 miles of
the post office in such community, if it has a population of less than 2,500;
within 4 miles of the corporate limits, if the municipality has a population
of 2,500, but less than 25,000; and within 51/2 miles of the corporate limits
if it has a population of 25,000 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 transportation of passengers by an urban-suburban bus line which is hereby defined as a bus line the majority of whose passengers use the buses for traveling a distance of not exceeding forty miles, measured one way, on the same day between their places of abode and their places of work, shopping areas, or schools shall not be deemed an operation over the route of any common carrier of passengers holding a certificate of public convenience and necessity.
For the purpose of this section, the delivery of merchandise to and the
pickup of merchandise from the residence of customers of retail stores
residing within 71/2 miles of the corporate limits of a city or town or
within a county totally surrounding such city by a person operating
exclusively a parcel delivery service for delivery and pickup of merchandise
for retail stores situated within the city or town or within a county totally
surrounding such city; 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 and pickup service shall be deemed the operation of a restricted
common carrier by motor vehicle subject to the jurisdiction of the State
Corporation Commission.
Provided however, that nothing herein contained shall be construed to
grant authority to any such person to deliver or pick up merchandise more
than 71/2 miles from the point of origin.
§ 56-282. Considerations for determination of issuance of certificate.
In determining whether the certificate required by this chapter shall be
granted, the Commission may, among other things, consider the present
transportation facilities over the proposed route of the applicant or in the
case of passenger irregular route applications within
the applicant's proposed service area, the volume of traffic over such route
or in the case of passenger irregular route
applications within the proposed service area, the financial condition
of the applicant, and the condition of the highway over the proposed route or
routes or in the case of passenger irregular route
applications within the proposed service area.
§ 56-288. Permits required for motor carriers of property.
No person shall operate or engage in the business of a contract
motor carrier of property, except as herein
provided, by motor vehicle intrastate on any highway within the Commonwealth
unless such person has secured from the Commission a permit authorizing him
to conduct such operation or to engage in such business; provided,
however, that the Commission before the issuance of such a
permit to carriers of commodities other than in bulk,
property shall determine the applicant's fitness,
willingness and ability to perform the services of a contract
carrierwhether or not the applicant meets financial responsibility
relating to insurance requirements and is operating and maintaining its
vehicles in an acceptable manner as to meet all state and federal
requirements relating to safety.
§ 56-291.3:3. Same; when license may not be required.
No such county, city or town shall require a license or impose a license tax
for the operation of any such motor vehicle for which a similar license is
imposed or tax levied by the county, city or town of which the owner or
operator of the motor vehicle is a resident, except that such license may be
required and such license tax imposed by any such county, city or town for
the operation of any such motor vehicle if the owner, lessee or operator
thereof maintains a taxicab stand or otherwise solicits business within such
county, city or town; nor, except as herein expressly authorized, shall more
than one county, city or town impose any such license fee or tax on the same
vehicle. This article shall not be construed to apply to common carriers of
persons or property operating as public carriers by authority of
the State Corporation Commission or under a franchise granted by any county,
city or town.
§ 56-291.9. Application for permit; action of Commission.
Any person desiring a permit under this chapter shall file with the
Commission an application in the form prescribed by the Commission. Such
application shall contain a promise of compliance by the applicant with the
provisions of this chapter and with the lawful rules and
regulations of the Commission governing the operations of contract
motor carriers by motor vehicle of property
upon the highways of the Commonwealth. Such application may be filed
with the Commission by the applicant in person or transmitted by registered
mail. Upon satisfying the Commission that the provisions of this chapter and
the lawful rules and regulations of the Commission adopted pursuant hereto,
which are prerequisite to the granting of a permit, have been complied with,
the Commission shall issue such permit to such applicant without further
proceedings.
§ 56-291.11. Rules and regulations.
The Commission shall prescribe such rules and regulations as it may deem
proper for the enforcement and administration of the provisions
of this article and Articles 3 (§ 56-288 et seq.) and 4.1 (§ 56-291.1 et
seq.) of this chapter.
§ 56-291.13. Filing fees for permits.
Every applicant for a permit under the provisions of this chapter shall,
upon the filing of the application, deposit with the
Commission, as a filing fee, the a
sum of fifty dollars, and for the transfer of any such
permit the sum of fifty dollars and for the issuance of a duplicate permit
the sum of three dollars, said fees to be paid for the purpose of defraying
the expense to be set by the Commission. An annual fee shall be
imposed for all permits. The amount of the filing fee, annual fee and date
of payment of the annual fee shall be set by Commission general order or
rule. Revenues from such fees shall be used to defray the reasonable
expenses of administering the provisions of law with respect to the
issuance and renewal of such permits.
§ 56-292. When broker's license required.
No person shall for compensation sell or offer for sale transportation
subject to this chapter (other than transportation governed by §§ 56-291.3:1
through 56-291.3:5 or shall make any contract, agreement, or arrangement to
provide, procure, furnish, or arrange for such transportation or shall hold
himself out by advertisement, solicitation, or otherwise as one who sells,
provides, procures, contracts, or arranges for such transportation, unless
such person holds a broker's license issued by the Commission to engage in
such transactions; provided, that the provisions of this section shall not
apply to any carrier holding a certificate or permit under the provisions of
this chapter or to any bona fide employee or agent of such motor carrier, so
far as concerns transportation to be furnished wholly by such carrier or
jointly with other motor carriers holding like certificates or permits,
or with a common carrier by railroad, express or water.
§ 56-293.1. Fees for issuance or transfer of licenses.
Every applicant for a license or a transfer of a license shall,
upon the filing of an application, deposit with the Commission as a filing
fee the a sum of fifty dollars, and for the
transfer of any such license the sum of fifty dollars, said fee to be paid
for the purpose of defraying the expense to be set by the
Commission. An annual fee shall be imposed for all licenses required by this
chapter. Revenues from such fees shall be used to defray the reasonable
expenses of administering the provisions of law with respect to
the issuance of such licenses this chapter.
§ 56-294. Hearing on such application and action thereon.
Upon the filing of an application for a broker's license the Commission may
fix a time and place for the hearing of the application and require such
notices, publication, or other service as may in its judgment be
necessarysuch requirements as it deems necessary to inquire into
the application. If the Commission finds the application proper and in
the public interest it shall issue a license, subject to such terms,
limitations and restrictions as the Commission may deem proper.
§ 56-298. Transfer or lease of certificate or license.
Any certificate, permit, or license issued under this chapter,
other than under §§ 56-291.3:1 through 56-291.3:5, may be transferred or
leased, subject to the approval of the Commission, and under such reasonable
rules and regulations as may be prescribed by the Commission. An application
for such approval shall be made jointly by the transferor and transferee, or
lessor or lessee.
§ 56-300. Bonds or insurance to be kept in force; amounts.
Each holder of a certificate or, permit or license
issued by the Commission shall keep in force at all times insurance,
bond or bonds, in an amount required by the Commission; provided,
however, that the amount of the insurance policy or bond
required by the Commission under this section of any motor vehicle used in
the transportation of property alone and/or passengers
shall in no case exceed the following: $100,000 for death or
injury to any 1 person; $500,000 total public liability for any 1 accident;
property damage, $50,000; and cargo liability $10,000; provided, however,
that those limits required by the United States Department of
Transportation and the Interstate Commerce Commission, nor shall a
holder of a permit issued by the Commission engaged exclusively in the
transportation of commodities in bulk shall not be required to
file any cargo insurance bond or bonds for cargo liability.
§ 56-303. Effect of failure to give security; penalty.
Failure of any holder of a certificate or permit issued by and under the
authority of the Commission to comply with any of the requirements of §§
56-299, 56-300, or § 56-301 shall be cause for the revocation or suspension
of the certificate or permit, or a fine not exceeding
$1,000$2,500.
§ 56-304. Registration receipts or decals and registration cards.
A. It shall be unlawful for any person to operate or cause to be operated
for compensation on any highway in this Commonwealth any self-propelled motor
vehicle that is required by law to display license plates issued by the
Department of Motor Vehicles unless there has been issued by the Commission
to the owner or the operator of the vehicle a warrant or an exemption
registration card and a classification plate
decal for each vehicle so operated; or, for such
vehicles used solely in interstate commerce, there has been issued to the
motor carrier a stamp or decal, registration card and a
registration receipt.
B. A warrant shall be issued for each vehicle that is not exempt under
§ 56-274. An exemption A registration card and decal
shall be issued for each vehicle that is exempt under § 56-274 unless
all the operations of the vehicle are exempt from the road taxes imposed by
Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1. A classification plate
decal and registration card shall be issued for each
vehicle, indicating the purpose for which the vehicle may lawfully
be operated, and having on it the same number that appears on the
warrant or exemption card issued for the vehicle. At all times the
classification plate decal shall be displayed on the
vehicle and the warrant or exemption registration card
carried in the vehicle. Stamps or decals Decals,
registration cards, and registration receipts shall be issued to motor
carriers holding authority from the Interstate Commerce Commission as the
Commission may prescribe.
C. The foregoing provisions of this section shall not apply to vehicles operated as ambulances by private ambulance services.
D. The Commission shall have the authority to waive the requirements of this section for vehicles under emergency conditions.
§ 56-304.1. Registration cards, decals and registration receipts.
A. It shall be unlawful for any person to operate or cause to be operated for compensation on any highway in this Commonwealth any passenger vehicle if such vehicle is operated as a common carrier; or any road tractor, or any tractor truck, or any truck having more than two axles, that is not required by law to display license plates issued by the Department of Motor Vehicles, unless:
1. There has been issued by the Commission to the owner or
operator of the vehicle a registration card and an identification
marker decal, when in the opinion of the Commission a
marker decal should be issued, for each vehicle so
operated. At all times the registration card shall be carried in the vehicle
for which it is issued. The marker decal, when
issued, shall have on it the same number that appears on the
registration card and shall at all times be displayed on the vehicle,
or
2. There has been issued by the Commission to the owner or operator of
the vehicle a stamp, when in the opinion of the Commission a stamp should be
issued for each vehicle so operated. At all times the stamp a
registration receipt, which shall be carried in the vehicle and
affixed to an appropriate registration card that properly describes the
operator of the vehicle and the vehicle in which it is carried at
all times.
B. The Commission's decision that a vehicle is or is not required by law to display license plates issued by the Department of Motor Vehicles shall be binding on the Department and on the trial courts.
C. The Commission shall have the authority to waive the requirements of this section for vehicles under emergency conditions.
§ 56-304.2. Private carriers.
A. It shall be unlawful for any person to operate or cause to be operated
for the transportation not for compensation of property on any highway in
this Commonwealth any road tractor, or any tractor truck, or any truck having
more than two axles unless there has been issued by the Commission to the
owner or the operator of the vehicle a registration card and an
identification marker decal for each vehicle so operated. At
all times the registration card shall be carried in the vehicle for which it
was issued and the decal shall be displayed. The marker
shall have on it the same number that appears on the registration card and
shall at all times be displayed on the vehicle.
B. The provisions of this section shall not be applicable to farm motor vehicles which are not subject to the provisions of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1.
C. The Commission shall have the authority to waive the requirements of this section for vehicles under emergency conditions.
§ 56-304.3. Numbers in lieu of decals.
A person who owns and operates more than five vehicles for which
warrants or exemption cards registration cards and decals
have been issued under § 56-304, or for which a registration
cards card and decal have been issued under § 56-304.1
or § 56-304.2, may apply to the Commission for leave to paint on the sides of
said vehicles an identifying number; and the. The
Commission, instead of issuing classification plates or markers
decals for said vehicles, may authorize the applicant to
paint on them letters and a number as specified by the Commission, which
number shall appear on each warrant, exemption card or
registration card issued for said vehicles.
§ 56-304.4. Fees.
For issuing each warrant, each exemption card and each decal,
registration card and registration receipt for a vehicle engaged
in the transportation of passengers, the Commission shall collect from the
applicant a fee to be set by the Commission not exceeding three dollars. For
issuing each warrant, each exemption card, each decal,
registration card and each stamp registration receipt
for a vehicle engaged in the transportation of property, the Commission
shall collect from the applicant a fee of ten dollars. These fees shall
defray the cost of administering and enforcing the provisions of this article
and Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1. Any excess over such cost
of administration shall be paid into the highway maintenance and construction
fund and used for the maintenance and construction of highways.
§ 56-304.5. Payment of road taxes and income taxes.
No warrant, exemption card decal, registration card or
stamp registration receipt shall be issued unless the
applicant certifies that he has made all tax reports and paid all taxes then
due from him under Article 5 (§ 58.1-2652 et seq.) of Chapter 26 and Chapter
27 (§ 58.1-2700 et seq.) of Title 58.1, nor shall any such warrant,
exemption card decal, registration card, or stamp
registration receipt be issued if the Tax Commissioner has
notified the Commission that the applicant has failed to file any return or
pay in full any tax required of him under Chapter 3 (§ 58.1-300 et seq.) of
Title 58.1.
§ 56-304.6. Agent for service of process.
No warrant, exemption card, registration card or stamp shall be issued
to any nonresident applicant unless he files with the Commission a power of
attorney appointing the Secretary of the Commonwealth or some other suitable
person residing in Virginia as his agent on whom process and orders may be
served.
Any nonresident person, firm or corporation who operates or causes to be
operated in this Commonwealth any passenger-carrying vehicle or any road
tractor, tractor truck, or truck having more than two axles motor
vehicle subject to the provisions of this chapter without first
appointing an agent for service of process, shall be deemed by such operation
to appoint the Secretary of the Commonwealth as his agent on whom process and
orders may be served for any action initiated by the Commission.
§ 56-304.6:1. Authority as a prerequisite to issuance of registration card, etc.
No warrant, exemption card decal, registration card or
stamp registration receipt 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 Commission, or
any other authority or commission, if such authority is required and has
registered evidence of such authority, if any, with the State Corporation
Commission, or if no authority is required by the Interstate Commerce Act,
until such applicant has certified to the State Corporation Commission the
fact of nonrequirement 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 registration card, etc.
No warrant, exemption card decal, registration card or
stamp registration receipt shall be issued unless the
applicant has complied with the State Corporation Commission's regulations 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
registration card, decal and permit issued by the Commission
to intrastate carriers of passengers or property for compensation
shall expire on April 15 following January 1 following the date on
which it was issued.
Every registration card and identification marker decal
issued by the Commission for motor fuel road tax purposes
shall expire on June 30 following January 1 following the date on which
it was issued.
Every stamp registration receipt issued by the
Commission shall expire on February 1 December 31
following October 1 following the date on which it was issued.
§ 56-304.8. Title to registration cards and decals.
All classification plates and identification markers decals,
registration cards, and registration receipts issued by the Commission
shall remain the property of the Commission.
§ 56-304.9. Temporary emergency operation.
In an emergency, the Commission or its agent may, by letter
or telegram written authorization, authorize a vehicle to be
operated without a registration card, stamp, warrant or exemption
card decal, or registration receipt for not more than ten
days. Before sending such letter or telegram written
authorization the Commission shall collect from the owner or operator a
fee of twenty dollars to be set by the Commission for
each vehicle so operated. The fee is to be set by general order or rule
and shall be used to defray the reasonable expenses of administering this
provision.
§ 56-304.11. Violations declared to be misdemeanors; penalties.
A. The following violations of laws shall be punished as hereinafter provided:
1. Any person who does not obtain a warrant, exemption card,
classification plate decal, registration card,
identification marker, stamp registration receipt or
other evidence of authority as required by this article shall be guilty of a
Class 4 misdemeanor.
2. 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 decal, registration card or stamp
registration receipt that this article requires it to carry, or
any motor vehicle that does not display in such manner as is prescribed by
the Commission the classification plate, identification
markerdecal, registration card or registration receipt, or
assigned number that this article requires it to display, shall be guilty of
a Class 4 misdemeanor.
3. Any person who knowingly displays or uses on any vehicle operated by him
any classification plate, identification marker, stampdecal,
registration card or registration receipt, 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 Class 3
misdemeanor.
4. Any person who operates or causes to be operated on any highway in Virginia any motor vehicle in an operation requiring authority under this article from the State Corporation Commission after such authority has been revoked shall be guilty of a Class 3 misdemeanor.
B. The officer charging the violation under this article shall
may serve a citation on the operator driver
of the vehicle in violation. Such citation shall be directed to the
owner, operator or other person responsible for the violation as determined
by the officer. Service of the citation on the vehicle operator shall
constitute service of process upon the owner, operator or other person
charged with the violation under this article, and shall have the same legal
force and validity as if served within the Commonwealth personally upon the
owner, operator or other person charged with the violation, whether such
owner, operator or other person charged is a resident or nonresident.
§ 56-304.12. Offenses punishable by the State Corporation Commission.
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 misrepresentation of a material fact to
obtain a warrant, exemption card, registration card or
stampregistration receipt or decal, has made any improper
use of any warrant, exemption card, registration card, stamp,
classification plate, identification marker registration receipt
or decal 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
Commonwealth regulating the operation of motor vehicles for compensation on
the highways of this Commonwealth, 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
$1,000$2,500, which shall be collectible by the process of
the Commission as provided by law.
In addition to imposing such penalty, or without imposing such penalty, the
Commission may, in any such case, suspend or revoke any warrant,
exemption card, registration card, stamp, classification plate,
identification marker registration receipt, decal 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.
In addition to any penalty imposed under this section, the Commission may impose an administrative fee in an amount to be set by the Commission, not to exceed fifty dollars. This administrative fee is to be deposited into the special fund described in § 56-275.01.
§ 56-304.15. Participation in federal programs; regulations.
A. The Commission may promulgate regulations implementing the requirements
of any program established under federal law intended to accomplish
objectives similar to those provided in this article
chapter.
B. The Commission shall annually advise the standing committees of the General Assembly with jurisdiction over motor carriers, of any programs implemented, and corresponding regulations adopted, pursuant to subsection A.
§ 56-304.16. Vehicle seizure; penalty.
A. Any investigator, special agent, or officer of the Commission authorized to serve process may hold a motor vehicle owned by a person against whom a judgment or penalty has been entered, but only for such time as is reasonably necessary to promptly petition for a writ of fieri facias. The Commonwealth shall not be required to post bond in order to hold and levy upon any vehicle held pursuant to this section.
B. Upon notification of the judgment or penalty entered against the owner of the vehicle and notice to such person of the failure to satisfy the judgment or penalty, any investigator, special agent or officer of the Commission shall, thereafter, deny the offending person the right to operate the motor vehicle on the highways of Virginia.
C. When informed that the right to operate the vehicle has been denied, the
driver shall drive the vehicle to a nearby location off the public highways
and not move it or allow it to be moved until the judgment or penalty has
been satisfied. Failure by the driver to comply with this provision shall
constitute a Class 43 misdemeanor.
§ 56-309. Complaints; action of Commission thereon or on own initiative.
Any person, state board, organization, or body politic may make complaint in
writing to the Commission that any rate, fare, charge, classification, rule,
regulation, or practice of any common carrier or restricted common carrier by
motor vehicle, in effect or proposed to be put into effect, is or will be in
violation of §§ 56-305 to 56-308, or 56-316 to 56-319. Whenever, after
hearing, upon complaint or in an investigation on its own initiative, the
Commission shall be of the opinion that any individual or joint rate, fare,
or charge, demanded, charged, or collected by any common or restricted common
carrier by motor vehicle or by any common or restricted common carrier by
motor vehicle in conjunction with any common carrier by railroad, air,
express, and/or or water, or any classification, rule,
regulation, or practice whatsoever of such carrier affecting such rate, fare,
or charge or the value of the service thereunder, is or will be unjust or
unreasonable, or unjustly discriminatory or unduly preferential or unduly
prejudicial, it shall determine and prescribe the lawful rate, fare, or
charge or the maximum or minimum, or maximum and minimum rate, fare, or
charge thereafter to be observed, or the lawful classification, rule,
regulation, or practice thereafter to be made effective.
§ 56-310. Establishment of through routes, etc., by Commission.
The Commission shall, whenever deemed by it to be necessary or desirable in
the public interest, after hearing, upon complaint or upon its own initiative
without a complaint, establish through routes, and joint rates, fares,
charges, regulations, or practices, applicable to the transportation of
passengers by common or restricted common carriers by motor
vehicle, or the maxima or minima, or maxima and minima, to be charged, and
the terms and conditions under which such through routes shall be operated.
§ 56-311. Prescribing divisions of joint rates.
Whenever, after hearing, upon complaint or upon its own initiative, the
Commission is of opinion that the divisions of joint rates, fares, or
charges, applicable to the transportation of passengers or property
by common or restricted common carriers by motor vehicle or by such
carriers in conjunction with common carriers by railroad, air, express,
and/or water are or will be unjust, unreasonable, inequitable, or
unduly preferential or prejudicial as between the carriers, parties thereto
(whether agreed upon by such carriers, or any of them, or otherwise
established), the Commission shall by order prescribe the just, reasonable,
and equitable divisions thereof to be received by the several carriers. In
cases where the joint rate, fare, or charge was established pursuant to a
finding or order of the Commission and the divisions thereof are found by it
to have been unjust, unreasonable, or inequitable, or unduly preferential or
prejudicial, the Commission may also by order determine what would have been
the just, reasonable, and equitable divisions thereof to be received by the
several carriers, and require adjustment to be made in accordance therewith.
The order of the Commission may require the adjustment of divisions between
the carriers, in accordance with the order, from the date of filing the
complaint or entry of order of investigation or such other date subsequent as
the Commission finds justified and, in the case of joint rates prescribed by
the Commission, the order as to divisions may be made effective as a part of
the original order.
§ 56-312. New rate schedule; hearing; suspension; action thereon.
Whenever there shall be filed with the Commission any schedule stating a new
individual or joint rate, fare, charge, or classification for the
transportation of passengers or property by a common or restricted
common carrier or carriers by motor vehicle, or by any such carrier or
carriers in conjunction with a common carrier or carriers by railroad,
air, express, and/or water, or any rule, regulation, or practice
affecting such rate, fare, or charge, or the value of the service thereunder,
the Commission, upon complaint of any interested party or upon its own
initiative, if it so orders, without answer or other formal pleading by the
interested carrier or carriers, but upon reasonable notice, may enter upon a
hearing concerning the lawfulness of such rate, fare, or charge, or such
rule, regulation, or practice.
Pending such hearing and the decision thereon the Commission, by filing with
such schedule and delivering to the carrier or carriers affected thereby a
statement in writing of its reasons for such suspension, may suspend the
operation of such schedule and defer the use of such rate, fare, or charge,
or such rule, regulation, or practice, for a period of
90ninety days and if the proceeding has not been
concluded and a final order made within such period the Commission may, from
time to time, extend the period of suspension by order, but not for a longer
period in the aggregate than 180 days beyond the time when such rate, fare,
charge, rule, regulation or practice would otherwise go into effect.
After such hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such period.
§ 56-314. Criteria for establishment of rates.
In the exercise of its power to prescribe just and reasonable rates for the
transportation of passengers or property by common or restricted
common carriers by motor vehicle, 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 such carriers; to the need, in the public interest, of adequate
and efficient transportation service by such carriers at the lowest cost
consistent with the furnishing of such service; and to the need of such
carriers for revenues sufficient to enable them, under honest, economical,
and efficient management, to provide such service.
§ 56-316. Tariffs showing rates, fares and charges, etc.
Every common carrier and restricted common carrier by motor vehicle shall
file with the Commission, and print, and keep open to the public inspection,
tariffs showing all the rates, fares and charges for transportation, and all
services in connection therewith, of passengers or property
between points on its own route and between points on its own route and
points on the route of any other such carrier, or on the route of any common
carrier by railroad, air, express or water, when a through route
and joint rate shall have been established. Such rates, fares, and charges
shall be stated in terms of lawful money of the United States. The tariffs
required by this section shall be published, filed, and posted in such form
and manner, and shall contain such information, as the Commission by
regulations shall prescribe; and the Commission is authorized to reject any
tariff filed with it which is not in consonance with this section and with
such regulations. Any tariff so rejected by the Commission shall be void and
its use shall be unlawful.
§ 56-318. Changes in tariffs.
No change shall be made in any rate, fare, charge, or classification, or any
rule, regulation, or practice affecting such rate, fare, charge, or
classification, or the value of the service thereunder, specified in any
effective tariff of a common carrier or restricted common carrier by motor
vehicle, except after thirty days' reasonable notice of
the proposed change, filed and posted in accordance with § 56-316. Such
notice shall plainly state the change proposed to be made and the time when
such change will take effect. The Commission may, in its discretion and for
good cause shown, allow such change upon notice less than that herein
specified or modify the requirements of this section with respect to posting
and filing of tariffs either in particular instances or by general order
applicable to special or peculiar circumstances or conditions.
§ 56-319. No transportation except when rates have been filed, etc.
No common carrier or restricted common carrier by motor vehicle, unless
otherwise provided by this chapter, shall engage in the transportation of
passengers or property unless the rates, fares, and charges upon
which the same are transported by such carrier have been filed and published
in accordance with the provisions of this chapter.
§ 56-320. Free passes or reduced rates; differential rates.
No motor carrier subject to the provisions of this chapter shall, directly or
indirectly, issue or give any free ticket, free pass or free transportation
for passengers, but nothing in this section shall apply (1) to the
carriage, storage or handling of property free or at reduced rates, when such
rates have been authorized or prescribed by the Commission for the United
States, state or municipal governments, or for charitable purposes, or to or
from fairs and expositions for exhibition thereat, or (2) (i)
to the free carriage of homeless and destitute persons and the
necessary agents employed in such transportation, or (3) (ii)
to mileage, excursion or commutation passenger tickets, or (4) to
persons in charge of livestock being shipped from the point of shipment to
the point of destination and return.
Nor shall anything in this section be construed to prohibit any motor carrier
from (1) : (i) giving reduced rates or free passage to
ministers of religion, or regular traveling secretaries of the Young Men's
Christian Association or Young Women's Christian Association, whose duties
require regular travel in supervising and directing Young Men's Christian or
Young Women's Christian Association work, or to secretaries of duly organized
religious work, or to indigent persons, or to inmates of the Confederate
homes or state homes for disabled soldiers and sailors, or disabled soldiers
and sailors, including those about to enter, and those returning home after
discharge; nor (2) from (ii) giving free carriage to
its own officers, employees, and members of their families, representatives
of the press and members of the Department of State Highway
Police or to any other person or persons to whom the giving of such
free carriage is not otherwise prohibited by law.
Nor shall this section be construed to prevent the principal officers of any motor carrier from exchanging passes or tickets with other motor carriers or any rail, air, steamship, or electric railway companies for their officers, employees and members of their families.
The Commission shall have authority to establish differential rates according to the time of day and for groupings of passenger classes.
§ 56-324.1. Motor bus operators, etc., to be conservators of the peace.
The operators of motor buses operated as common carriers of
personspassengers, and station and depot agents, shall be
conservators of the peace, and they and each of them shall have the same
power to make arrests that other conservators of the peace have, except that
the agents shall have such power only at their respective places of business,
and the said operators of motor buses and agents may cause any person so
arrested by them to be detained, and delivered to the proper authorities for
trial as soon as practicable.
§ 56-325. Waiting rooms and other public facilities.
Passenger motor Motor carriers of passengers
shall keep all waiting rooms, rest rooms and other public facilities in
good and sanitary condition, and the Commission may inspect all waiting
rooms, rest rooms or other public facilities at any time, and after
inspection may require such changes as the Commission may deem proper.
§ 56-329. Violation by passengers; misdemeanor; ejection.
All persons who fail while on any motor vehicle of a motor carrier of
passengers, to act in an orderly manner so as to permit the safe operation of
such vehicle by the driver, or who fail to obey the directions of any such
driver, operator or other person in charge to act in such orderly manner,
shall be deemed guilty of a Class 4 misdemeanor, and upon
conviction thereof shall be fined not less than five dollars nor more than
twenty-five dollars for each offense. Furthermore, such persons may be
ejected from any such vehicle by any driver, operator or person in charge of
such vehicle, or by any police officer or other conservator of the peace; and
in case such persons ejected shall have paid their fares upon such vehicle,
they shall not be entitled to the return of any part of the same. For the
refusal of any such passenger to abide by the direction of the person in
charge of such vehicle as aforesaid, and his consequent ejection from such
vehicle, neither the driver, operator, person in charge, owner, manager nor
bus company operating such vehicle shall be liable for damages in any court.
§ 56-334. Enforcement of motor vehicle laws; appointment, powers and duties, and defense of agents, inspectors and investigators; powers of officers of Department of State Police.
A. The Commission may appoint such agents, inspectors or investigators as it may deem necessary and such agents, inspectors or investigators and officers of the Department of State Police shall have the authority and powers of a sheriff to enforce the laws and regulations governing the operation of motor vehicles on the highways of the Commonwealth. Such agents, inspectors or investigators and officers of the Department of State Police shall have jurisdiction throughout the Commonwealth and are given authority upon displaying badge or other credential of office to arrest any person found in the act of violating any of the laws and regulations governing the operation of motor vehicles which the Commission is required to administer. They are hereby given authority to stop motor vehicles for such purposes. Such agents, inspectors or investigators also are hereby given the authority to stop any vehicle which they reasonably believe to be subject to the regulation of Title 56 for an observed violation of any of the provisions of Title 46.2. However, after having stopped the motor vehicle, the agent, inspector or investigator may exercise the power of arrest in any criminal violation coming to his attention, and may issue a summons for violations of Title 46.2.
B. Agents, inspectors or investigators of the Commission and officers of the Department of State Police may stop, and if found necessary examine the lading of any motor vehicle, trailer or semitrailer operating on any highway of this Commonwealth and may also examine all documents relating to such lading, motor vehicle, trailer, semitrailer or operation thereof for the purpose of determining that it is operating in accordance with the laws and regulations governing the operation of motor vehicles which the Commission is required to administer.
C. Any agent, inspector or investigator or officer of the Department of
State Police is given the authority to remove from any motor vehicle or to
secure from any person to whom issued any warrant, exemption card,
registration card, tag, plate decal, registration card, or
registration receipt or other evidence of authority to operate such
motor vehicle issued by the Commission which is being improperly used or
which has been properly suspended or canceled. Any person refusing to
surrender any warrant, exemption card decal,
registration card, tag, plate or registration receipt
or other evidence of authority shall be guilty of a Class 1
misdemeanor, and subject to the penalties provided in § 56-335.
D. Any agent, inspector or investigator or state police officer shall have the authority to issue a summons and accept a written promise to appear in like manner as is provided in § 46.2-936. The penalty for the violation of such promise shall be as therein provided.
E. No agent, inspector or investigator appointed by the Commission shall receive any compensation from any source other than through the Commission unless approved by the Commission.
F. The Commission or any agent, inspector or investigator may request the assistance of any state police officer in the enforcement of the laws, rules and regulations governing the operation of motor vehicles on the highways of the Commonwealth which the Commission is required to administer and any agent, inspector or investigator shall assist any state police officer when his services are requested.
G. Every agent, inspector or investigator shall, before entering upon or continuing in his duties, enter into bond with some solvent guaranty company authorized to do business in this Commonwealth as surety, in the penalty of $6,000 and with the condition for the faithful and lawful performance of his duties. Such bond shall be filed in the Commission's office and the premiums thereon shall be paid out of the fund appropriated for the enforcement of the laws regulating the operation of motor vehicles on the highways of the Commonwealth. All persons injured or damaged in any manner by the unlawful, negligent or improper conduct of any such officer while on duty may maintain an action upon such bond; however, the aggregate liability of his surety to all such persons shall in no event exceed the penalty of such bond.
H. If any such agent, inspector or investigator shall be arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commission may employ special counsel approved by the Attorney General to defend such agent, inspector or investigator. The compensation for special counsel employed pursuant to this section shall, subject to the approval of the Attorney General, be paid out of the funds appropriated for the administration of the Virginia motor carrier laws.
I. Nothing in this section shall be considered as restricting or limiting in any way the powers, authority and duties of the State Police.
§ 56-335. Violation; penalties.
(a) A. Any person knowingly and willfully violating
any provision of this chapter, or any rule, regulation, requirement, or order
thereunder, or any term or condition of any certificate, permit, or license,
for which a penalty is not otherwise herein provided, shall, upon conviction
thereof, be fined not more than $1,000 $2,500 for the
first offense and not more than $5,000 for any subsequent offense. Each day
of such violation shall constitute a separate offense.
(b) B. Any person, whether carrier, shipper,
consignee, or broker, or any officer, employee, agent, or representative
thereof, who shall knowingly offer, grant, or give, or solicit, accept, or
receive any rebate, concession, or discrimination in violation of any
provision of this chapter, or who, by means of any false statement or
representation, or by the use of any false or fictitious bill, bill of
lading, receipt, voucher, roll, account, claim, certificate, affidavit,
deposition, lease, or bill of sale, or by any other means or device, shall
knowingly and willfully assist, suffer or permit any person, natural or
artificial, to obtain transportation of passengers or property
household goods subject to this chapter for less than the
applicable rate, fare, or charge, or who shall knowingly and willfully by any
such means or otherwise fraudulently seek to evade or defeat regulation as in
this chapter provided for motor carriers or brokers, shall be deemed guilty
of a misdemeanor and upon conviction thereof be fined not more than $500 for
the first offense and not more than $2,000 for any subsequent offense.
(c) C. Any motor carrier, or broker, or any officer,
agent, employee, or representative thereof who shall willfully fail or refuse
to make a report to the Commission as required by this chapter or to keep
accounts, records, and memoranda in the form and manner approved or
prescribed by the Commission, or shall knowingly and willfully falsify,
destroy, mutilate, or alter any such report, account, record or memorandum,
or shall knowingly and willfully file any false report, account, record or
memorandum, shall be deemed guilty of a misdemeanor and upon conviction
thereof be subject for each offense to a fine of not less than $100 and not
more than $5,000.
§ 56-338.2. Exemptions from chapter.
This chapter shall not be construed to apply to any of the following, who or which are hereby declared to be exempt from this chapter.
(a) Any common carrier of property by motor vehicle while holding
a certificate of public convenience and necessity, as such, issued by the
Commission.
(b) Motor vehicles owned and operated by the United States, District of Columbia or any state, or any municipality or any other political subdivision of this Commonwealth.
(c) Transportation of household goods between any point in this Commonwealth and any point outside this Commonwealth, or between any points wholly within the limits of any city or town in this Commonwealth, or for any lesser distance than thirty road miles.
(d) Infrequent (not more than twelve trips a year) transportation of "household goods" for a greater distance than thirty road miles, when the point of origin of goods is not within the limits of a city and is not within thirty road miles from the limits of a city.
§ 56-338.7. Other applicable laws.
The provisions of §§ 56-299, 56-300 to 56-304, 56-323, 56-324, 56-331,
56-333, 56-335 and 56-338, with reference to the filing of insurance with the
Commission by motor carriers, warrants registration for
vehicles used by motor carriers, reports, forms and accounts of motor
carriers, enforcement of laws applicable to motor carriers, prohibition of
rebates and discriminations, and the provisions of §§ 8.01-676.1 and 12.1-39
through 12.1-41, relating to appeals from orders and judgments of the
Commission, to the extent not inconsistent with this chapter, shall be
applicable to household goods carriers, as herein defined, and to the
regulation thereof.
§ 56-338.12. Suspension, revocation, etc., of certificate; imposition of penalty.
The Commission may at any time, by its order duly entered after hearing had
upon notice to the holder of any such certificate and an opportunity to such
holder to be heard, at which it shall be proved that such holder has made any
misrepresentation of a material fact in obtaining such certificate, or has
violated or refused to observe any of the laws of this Commonwealth touching
such certificate, or any of the terms, limitations and restrictions of his
certificate, or any of the Commission's proper orders, rules or regulations,
impose a penalty not exceeding $1,000 $2,500, which may
be collected by the process of the Commission as provided by law; or the
Commission may suspend, revoke, alter or amend any such certificate, whenever
the Commission finds after a hearing upon notice as above that such
certificate holder knowingly misrepresented any material fact in obtaining
his certificate, or willfully violated or refused to observe any of the laws
of this Commonwealth touching his certificate, or willfully violated or
failed to observe any of the proper orders, rules or regulations of the
Commission, or any term, condition or limitation of such certificate.
Proceedings looking to the imposition of any penalty provided for herein may be commenced upon the complaint of any person or upon the Commission's own initiative.
§ 56-338.15. Fees for issuance or transfer of certificates.
Every household goods carrier, upon filing with the Commission an application
for a certificate, or application for transfer, shall deposit with
the Commission as a filing fee the a sum of fifty
dollars, and for the transfer of such certificate the sum of fifty dollars,
and for the issuance of a duplicate certificate the sum of three dollars, and
for the filing of a lease the sum of five dollars; said fees to be paid for
the purpose of defraying to be set by the Commission. An annual
fee shall be imposed for all certificates required by this chapter. The
amount of the application fees and annual fee as well as the date of payment
shall be set by Commission general order or rule. Revenues from such fees
shall be used to defray the reasonable expenses of
administering the provisions of law with respect to the issuance and
transfer of such certificate this chapter.
§ 56-338.41:1. Filing fee.
Every applicant for a certificate or for the transfer of a certificate, upon
the filing of an application, shall deposit with the Commission as a filing
fee the a sum of fifty dollars, such fee to be
paid for the purpose of defraying the expense of administering the provisions
of law with respect to the issuance or transfer of such
certificates to be set by the Commission. An annual fee shall be
imposed for all certificates required by this chapter. The amount of the
filing fees and the date of payment shall be set by Commission general order
or rule. Revenues from such fees shall be used to defray the reasonable
expenses of administering the provisions of this chapter.
§ 56-338.62. Fees.
Every person, upon filing with the Commission an application for a
certificate or for the transfer of a certificate, shall deposit with the
Commission as a filing fee the a sum of fifty
dollars for either an "A" or a "B" certificate and the sum of ten dollars for
a "C" certificate; and for the issuance of a duplicate certificate the sum of
three dollars; such fees are to be paid for the purpose of defraying
to be set by the Commission. An annual fee shall be imposed for
all certificates required by this chapter. The amount of the application
fees, annual fees and the date of payment shall be set by Commission general
order or rule. Revenues from such fees shall be used to defray the
reasonable expenses of administering the provisions of law
with respect to the issuance or transfer of such certificates this
chapter.
§ 56-338.101. Filing fee; issuance of certificate.
Every applicant for a certificate, upon the filing of an application, shall
deposit with the Commission as a filing fee the a sum
of $200, such fee to be paid for the purpose of defraying to
be set by the Commission. An annual fee shall be imposed for all
certificates required by this chapter. The amount of the application fees,
annual fees and the date of payment shall be set by Commission general order
or rule. Revenues from such fees shall be used to defray the
expense reasonable expenses of administering the
provisions of law with respect to the issuance of such
certificate this chapter.
The Commission shall issue a certificate if it finds, after such notice and hearing as it deems reasonable, that the proposed operation is justified by the public convenience and necessity, subject to such terms, limitations and restrictions as may be prescribed by the Commission.
§ 56-338.116. Imposition of penalties; suspension, revocation, etc., of certificate.
A. The Commission may, after notice and hearing, impose a penalty not to
exceed $1,000$2,500, and suspend, revoke, alter or
amend any such certificate, if it finds that such certificate holder (i)
knowingly misrepresented any material fact in obtaining the certificate, (ii)
has violated any law affecting such certificate, or (iii) has violated any
proper order or regulation of the Commission or any term, condition or
limitation of such certificate.
B. Proceedings for the imposition of any penalty provided for in this section may be commenced upon the complaint of any person or upon the Commission's own initiative.
§ 56-338.120. Fees.
A. Pursuant to this chapter, the Commission shall collect the following
fees:
1. For filing an application for a certificate, a filing fee of fifty
dollars.
2. For the transfer of a certificate, a fee of fifty dollars.
3. For the issuance of a duplicate certificate, a fee of three dollars.
4. For the filing of a lease, a fee of five dollars.
B. All fees collected under this section shall be used for the purpose
of defraying the expenses with respect to the issuance and transfer of
certificates.Every applicant for a certificate and a transfer of a
certificate shall deposit with the Commission, as a filing fee, a sum to be
set by the Commission. An annual fee shall be imposed for all certificates
required by this chapter. The filing fees, annual fee and the date they are
due shall be set by Commission general order or rule. Revenues from such
fees shall be used to defray the reasonable expenses administering the
provisions of this chapter.
§ 58.1-2700. Definitions.
Whenever used in this chapter, the term:
"Commission" means the State Corporation Commission, which is responsible for the administration of this chapter.
"Motor carrier" means every person, firm or corporation who owns or operates
or causes to be operated on any highway in this Commonwealth any road
tractor, tractor truck, or truck having more than two axles
qualified motor vehicle.
"Operations" means the physical activities of all such vehicles, whether loaded or empty, whether for compensation or not for compensation, and whether owned by or leased to the motor carrier who operates them or causes them to be operated.
"Road tractor" means every motor vehicle designed and used for drawing
other vehicles and not so constructed as to carry any load thereon
independently or any part of the weight of a vehicle or load so drawn.
"Tractor truck" means every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to carry a load other
than a part of the load and weight of the vehicle attached thereto, and shall
include, but not be limited to, any truck having more than four wheels used
to draw boats, mobile homes, sections of prefabricated houses or more than
one motor vehicle.
“Qualified motor vehicle” means a motor vehicle used, designed, or maintained for the transportation of persons or property and (i) having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or (ii) having three or more axles regardless of weight or (iii) used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle weight or registered gross vehicle weight. “Qualified motor vehicle” does not include recreational vehicles.
§ 58.1-2701. Amount of tax.
Every motor carrier of property shall pay a road tax equivalent to nineteen and one-half cents per gallon calculated on the amount of gasoline or liquefied gases (which would not exist as liquids at a temperature of sixty degrees F. and a pressure of 14.7 pounds per square inch absolute), or other motor fuel used in its operations within the Commonwealth.
The tax imposed by this chapter shall be in addition to all other taxes of whatever character imposed on a motor carrier by any other provision of law.
All taxes paid under the provisions of this chapter shall be credited to the Highway Maintenance and Construction Fund, provided that an administrative fee of one-half of one cent per gallon of all motor fuel used subject to the tax imposed by this chapter shall be retained by the Commission.
§ 58.1-2702. Exemptions and exceptions.
The provisions of this chapter shall not apply to a person, firm or corporation owning or operating:
1. A single Virginia-licensed truck operated without compensation;
2. The first two Virginia-licensed trucks, if used exclusively for farm use as defined in § 46.2-698 and if not licensed in any other state;
3. Motor vehicles regularly engaged in the transportation of passengers;
43. Tractors, tractor trucks and trucks with more
than two axles Qualified motor vehicles of a licensed motor
vehicle dealer when operated without compensation for purposes incident to a
sale or for demonstration; or
54. Any motor vehicle owned and operated by the United
States, the District of Columbia, the Commonwealth of Virginia or any
municipality or any other political subdivision of the Commonwealth, or any
other state.
§ 58.1-2705. Reports of carriers.
A. Every motor carrier subject to the tax imposed by this
chapter, or filing under the terms of the International Fuel Tax
Agreement, shall, on or before the last day of April, July, October and
January of every year, make to the Commission or proper agency pursuant
to the International Fuel Tax Agreement, such reports of its operations
during the quarter ending the last day of the preceding month as the
Commission or the International Fuel Tax Agreement may require and
such other reports from time to time as the Commission may
deem be deemed necessary.
B. The Commission may allow any person, who leases motor vehicles
without drivers to a motor carrier by a contract under which the entire cost
of fuel is included in the rental charge and the lessor purchases such fuel
and maintains records of fuel used and miles traveled in such rental
vehicles, to file a consolidated report covering all vehicles leased by it as
though such carriers were a single carrier. Such person so filing shall be
responsible for the total tax due from all such vehicles.
§ 58.1-2706. Credit for payment of motor fuel tax.
A. Every motor carrier subject to the road tax shall be entitled to a credit on such tax equivalent to sixteen cents per gallon on all gasoline or other motor fuel purchased by such carrier within the Commonwealth for use in its operations either within or without the Commonwealth and upon which gasoline or other motor fuel the tax imposed by the laws of the Commonwealth has been paid by such carrier. Evidence of the payment of such tax in such form as may be required by, or is satisfactory to, the Commission shall be furnished by each carrier claiming the credit herein allowed.
B. When the amount of the credit to which any motor carrier is entitled for
any quarter exceeds the amount of the tax for which such carrier is liable
for the same quarter, the excess may under regulations of the Commission:
(i) be allowed as a credit on the tax for which such carrier would be
otherwise liable for any of the four succeeding quarters; or (ii)
be refunded, upon application within ninety days from the end of any
quarter filed within one year from the end of the quarter in which
the credit was accrued, duly verified, and presented, in
accordance with regulations promulgated by the Commission and supported by
such evidence as may be satisfactory to the Commission.
C. The Commission may allow a refund upon receipt of proper application and review. It shall be at the discretion of the Commission to determine whether an audit is required.
D. The refund may be allowed without a formal hearing if the amount of refund is agreed to by the applicant. Otherwise, a formal hearing on the application shall be held by the Commission after notice of not less than ten days to the applicant and the Attorney General.
E. Whenever any refund is ordered it shall be paid out of the Highway Maintenance and Construction Fund.
F. Whenever a person operating under lease to a motor carrier to perform transport services on behalf of the carrier purchases gasoline or other motor fuel relating to such services, such payments or purchases may, at the discretion of the Commission, in accordance with regulations promulgated by the Commission, be considered payment or purchases by the carrier.
2. That §§ 56-304, 56-304.1, 56-304.2 and 56-304.7 as amended and reenacted by the first enactment of this act shall be effective until January 1, 1996.
3. That §§ 58.1-2700, 58.1-2701, 56-2702 and 58.1-2705 as amended and reenacted by the first enactment of this act shall become effective on January 1, 1996.
4. That §§ 56-304, 56-304.1, 56-304.2 and 56-304.7 are amended and reenacted as follows:
§ 56-304. Registration cards, registration receipts, or decals.
A. It shall be unlawful for any person to operate or cause to be operated
for compensation on any highway in this Commonwealth any self-propelled motor
vehicle that is required by law to display license plates issued by the
Department of Motor Vehicles unless there has been issued by the Commission
to the owner or the operator of the vehicle a warrant or an exemption
registration card and a classification plate
decal for each vehicle so operated; or, for such
vehicles used solely in interstate commerce, there has been issued to the
motor carrier a stamp or decal, registration card and a
registration receipt.
B. A warrant shall be issued for each vehicle that is not exempt under
§ 56-274. An exemption A registration card and decal
shall be issued for each vehicle that is exempt under § 56-274 unless
all the operations of the vehicle are exempt from the road taxes imposed by
Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1. A classification plate
shall be issued for each vehicle, indicating the purpose for which the
vehicle may lawfully be operated, and having on it the same number that
appears on the warrant or exemption card issued for the vehicle. At all times
the classification plate shall be displayed on the vehicle and the warrant or
exemption card carried in the vehicle. Stamps or decals shall be issued to
motor carriers holding authority from the Interstate Commerce Commission as
the Commission may prescribe.
C. The foregoing provisions of this section shall not apply to vehicles
operated as ambulances by private ambulance services. In addition
to the above, it shall be unlawful for any person to operate or cause to be
operated for compensation on any highway in this Commonwealth any motor
vehicle having (i) two axles and a gross vehicle weight or registered gross
vehicle weight exceeding 26,000 pounds or 11,797 kilograms or (ii) having
three or more axles regardless of weight or is used in combination, when the
weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross
vehicle or registered gross vehicle weight unless there has been issued a
decal and registration receipt pursuant to the International Fuel Tax
Agreement or, if such a permit is not required for the operation of a
specific vehicle, it is subject to the road taxes imposed by Chapter 27 (§
58.1-2700 et seq.) of Title 58.1.
D. The foregoing provisions of this section shall not apply to vehicles operated as ambulances by private ambulance services.
E. The Commission shall have the authority to waive the requirements of this section for vehicles under emergency conditions.
§ 56-304.1. Registration cards, decals and registration receipts.
A. It shall be unlawful for any person to operate or cause to be operated
for compensation on any highway in this Commonwealth any passenger
motor vehicle if such vehicle is operated as a common
carrier; or any road tractor, or any tractor truck, or any truck having more
than two axles, that is not required by law to display license plates issued
by the Department of Motor Vehicles used, designed, or maintained
for the transportation of persons or property and (i) having two axles and a
gross vehicle weight or registered gross vehicle weight exceeding 26,000
pounds or 11,797 kilograms or (ii) having three or more axles regardless of
weight or is used in combination, when the weight of such combination exceeds
26,000 pounds or 11,797 kilograms gross vehicle weight or registered gross
vehicle weight, unless:
1. There has been issued by the Commission to the owner or operator of
the vehicle a registration card 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 shall be carried in the vehicle
for which it is issued. The marker, when issued, shall have on it the same
number that appears on the registration card and shall at all times be
displayed on the vehicle, or other qualified jurisdiction
pursuant to the International Fuel Tax Agreement a decal and registration
card for each vehicle so operated by the owner or operator.
2. There has been issued by the Commission to the owner or operator of
the vehicle a stamp, when in the opinion of the Commission a stamp should be
issued for each vehicle so operated. At all times the stamp shall be carried
in the vehicle and affixed to an appropriate registration card that properly
describes the operator of the vehicle and the vehicle in which it is
carried If a vehicle covered by this section is engaged in the
transportation of a commodity regulated by the Interstate Commerce Commission
there has been issued a registration receipt pursuant to 49 CFR 1023.
B. The Commission's decision that a vehicle is or is not required by
law to display license plates issued by the Department of Motor Vehicles
shall be binding on the Department and on the trial courts.
C. The Commission shall have the authority to waive the
requirements of this section for vehicles under emergency conditions.
§ 56-304.2. Private carriers.
A. It shall be unlawful for any person to operate or cause to be operated
for the transportation not for compensation of property or passengers
on any highway in this Commonwealth, any road tractor,
or any tractor truck, or any truck having more than (i)
two axles and a gross vehicle weight or registered gross vehicle
weight exceeding 26,000 pounds or 11,797 kilograms or (ii) three or more
axles regardless of weight or is used in combination, when the weight of such
combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or
registered gross vehicle weight, unless there has been issued by
the Commission to the owner or the operator of the vehicle a
registration card and an identification marker decal pursuant
to the International Fuel Tax Agreement for each vehicle so
operated. At all times the registration card decal
shall be carried in the vehicle for which it was issued. The
marker shall have on it the same number that appears on the registration card
and shall at all times be displayed on and the registration card
carried in the vehicle.
B. The provisions of this section shall not be applicable to farm motor vehicles which are not subject to the provisions of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 or to recreational vehicles.
C. The Commission shall have the authority to waive the requirements of this section for vehicles under emergency conditions.
§ 56-304.7. Expiration dates.
Every warrant, exemption card and classification plate decal,
registration card and permit required to be issued by the
Commission for a vehicle engaged in intrastate transportation of
passengers or property shall expire on April 15 following January
1 following the date on which it was issued of each year.
Every decal and registration card and identification marker
issued by the Commission shall expire on June 30 following January
1 following the date on which it was issuedpursuant to the
International Fuel Tax Agreement shall expire on December 31 of each year.
Every registration receipt expires December 31 of each year.
Every stamp issued by the Commission shall expire on February 1
following October 1 following the date on which it was issued.
5. That §§ 56-304, 56-304.1, 56-304.2 and 56-304.7 as amended and reenacted by the fourth enactment of this act shall become effective on January 1, 1996.
6. That §§ 56-284, 56-287, 56-287.1, 56-287.2, 56-287.3, 56-289, 56-290, 56-290.1, 56-291, 56-304.2:1, 56-306, 56-307, 56-321, 56-322, 56-332; and Chapters 12.2 (§§ 56-338.19 through 56-338.39) and 12.5 (§§ 56-338.65 through 56-338.84) of Title 56 of the Code of Virginia are repealed effective July 1, 1995.
7. That §§ 56-304.13 and 58.1-2707 of the Code of Virginia are repealed effective January 1, 1996.