Code of Virginia - Title 46.2 Motor Vehicles - Chapter 20 Regulation Of Passenger Carriers

  • 46.2-2000 Definitions
    Whenever used in this chapter unless expressly stated otherwise: "Authorized insurer" means, in the case of an interstate motor carrier whose operations may or may ...
  • 46.2-2000.1 Vehicles excluded from operation of chapter
    This chapter shall not be construed to include: 1. Motor vehicles employed solely in transporting school children and teachers; 2. Taxicabs, or other motor vehicles ...
  • 46.2-2000.2 Description unavailable
    Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...
  • 46.2-2000.3 Disposition of funds collected
    Except as otherwise provided, all fees collected by the Department pursuant to this chapter shall be paid into the state treasury and set aside as ...
  • 46.2-2001 Regulation by Department; reports; prevention of discrimination; regulation of leasing of motor veh...
    The Department shall supervise, regulate and control all motor carriers, carriers by rail, and brokers not exempted under this chapter doing business in the Commonwealth, ...
  • 46.2-2001.1 License, permit, or certificate required
    It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange by contract, agreement, or arrangement to transport passengers for ...
  • 46.2-2001.2 Identification marker required
    Each motor carrier shall be issued an identification marker, unless the operation is interstate in nature and the carrier has been issued a single state ...
  • 46.2-2001.3 Application; notice requirements
    A. Applications for a license, permit, certificate, or identification marker under this chapter shall be made to the Department and contain such information and exhibits ...
  • 46.2-2002 through 46.2-2004
    Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...
  • 46.2-2005 Action on applications; hearings on denials and protests
    A. The Department may act upon any application required under this chapter without a hearing, unless such application is protested by any aggrieved party, except ...
  • 46.2-2005.1 Determination for issuance for license, permit, or certificate
    If the Department finds the applicant for a license, permit, or certificate has met all the requirements of this chapter, it shall issue a license, ...
  • 46.2-2006 through 46.2-2010
    Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...
  • 46.2-2011 Considerations for determination of issuance of license or certificate
    In determining whether a license or certificate required by this chapter shall be granted, the Department may, among other things, consider the applicant's experience, qualifications, ...
  • 46.2-2011.1 Issuance of temporary authority
    To enable the provision of service for which there is an immediate and urgent need to a point or between points in Virginia where certificated ...
  • 46.2-2011.2 Temporary emergency operation
    In an emergency, the Department or its agents may, by letter, telegram, or other means, authorize a vehicle to be operated in the Commonwealth without ...
  • 46.2-2011.3 Issuance, expiration, and renewal of license, permit, and certificate
    All licenses, permits, and certificates issued under this chapter shall be issued for a period of twelve consecutive months except, at the discretion of the ...
  • 46.2-2011.4 Conversion of old licenses, permits, and certificates
    A. All holders of a license, permit, or certificate issued prior to July 1, 2002, shall be issued a replacement license, permit, or certificate that ...
  • 46.2-2011.5 Filing and application fees
    Unless otherwise provided, every applicant for an original license, permit, or certificate issued under this chapter and transfer of a license or certificate under the ...
  • 46.2-2011.6 Vehicle fees
    Every person who operates a passenger vehicle for compensation over the highways of the Commonwealth, unless such operation is exempted from this chapter, shall be ...
  • 46.2-2011.7 Certificate holders must provide services
    Every holder of a certificate of public convenience and necessity shall provide services in accordance with this chapter and any terms, limitations, conditions, or restrictions ...
  • 46.2-2011.8 Transfers and leases of licenses or certificates
    Any license or certificate issued under this chapter may be transferred or leased, subject to the approval of the Department, and under such reasonable rules ...
  • 46.2-2011.9 Bond and letter of credit requirements
    A. Every applicant for an original, second-year renewal, and third-year renewal of a certificate under this chapter shall obtain and file with the Department a ...
  • 46.2-2011.10 Advertisements
    A. No person shall advertise or permit to be advertised by any means a transportation service unless such person first obtains a license, permit, or ...
  • 46.2-2011.11 Established place of business
    A. No license or certificate shall be issued to any applicant that does not have an established place of business, owned or leased by the ...
  • 46.2-2011.12 Transportation of baggage with passengers
    A certificate authorizing the transportation of passengers as a motor carrier shall also be deemed to include authority to transport in the same vehicle with ...
  • 46.2-2011.13 Stowing of baggage, parcels, etc
    Motor carriers transporting baggage or other property of passengers shall do so only when such articles are stowed in a manner to assure: 1. Unrestricted ...
  • 46.2-2011.14 Notice of abandonment of service
    Every motor carrier, broker or excursion train operator who ceases operation or abandons his rights under a license, certificate, or permit issued shall notify the ...
  • 46.2-2011.15 Department may seek judgment for refunds due public and collect and distribute same
    If any motor carrier or broker, upon the final decision of an appeal from the action of the Department prescribing rates, charges, tariffs, or classification ...
  • 46.2-2011.16 Reports, records, etc
    A. The Department is hereby authorized to require annual, periodical, or special reports from motor carriers, except such as are exempt from the operation of ...
  • 46.2-2011.17 Certificate, license, or permit holder not relieved of liability for negligence
    Nothing in this chapter shall relieve any holder of a certificate, license, or permit issued by and under the authority of the Department from any ...
  • 46.2-2011.18 Violation by passengers; misdemeanor; ejection
    All persons who fail, while using transportation services of a common carrier or restricted common carrier, to act in an orderly manner so as to ...
  • 46.2-2011.19 Vehicle seizure; penalty
    A. Any police officer of the Commonwealth authorized to serve process may hold a motor vehicle owned by a person against whom an order or ...
  • 46.2-2011.20 Unlawful use of registration and identification markers
    It shall be unlawful for any person to operate or cause to be operated on any highway in the Commonwealth any motor vehicle that (i) ...
  • 46.2-2011.21 Registration and identification violations; penalties
    A. The following violations of laws shall be punished as follows: 1. Any person who does not obtain a proper registration card, identification marker, or ...
  • 46.2-2011.22 Violation; criminal penalties
    A. Any person knowingly and willfully violating any provision of this chapter, or any rule or regulation thereunder, or any term or condition of any ...
  • 46.2-2011.23 Violations; civil penalties
    The Department may impose a civil penalty not exceeding $1,000 if any person has: 1. Made any misrepresentation of a material fact to obtain proper ...
  • 46.2-2011.24 Grounds for denying, suspending, or revoking licenses, permits, or certificates
    A license, permit, or certificate issued pursuant to this chapter may be denied, suspended, or revoked on any one or more of the following grounds, ...
  • 46.2-2011.25 Altering or amending licenses, permits, or certificates
    The Department may alter or amend a license, permit, or certificate at the request of a licensee, permittee, or certificate holder, or upon a finding ...
  • 46.2-2011.26 Suspension, revocation, and refusal to renew licenses, permits, or certificates; notice and hearin...
    A. Except as provided in subsection D of this section, unless otherwise provided in this chapter, no license, permit, or certificate issued under this chapter ...
  • 46.2-2011.27 Basis for reinstatement of suspended licenses, permits, or certificates; reinstatement fee...
    A. The Department shall reinstate any license, permit, or certificate suspended pursuant to this chapter provided the grounds upon which the suspension action was taken ...
  • 46.2-2011.28 Basis for relicensure after revocation of licenses, permits, or certificates; fees
    The Department shall not accept an application for a license, permit, or certificate from an applicant where such credentials have been revoked pursuant to this ...
  • 46.2-2011.29 Surrender of identification marker, license plate, and registration card; removal by law enforcemen...
    A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, permit, or certificate has been revoked, suspended, or renewal thereof denied ...
  • 46.2-2011.30 No property rights in highways conferred by chapter
    Nothing in this chapter shall confer any proprietary or property rights in the use of the public highways. (2001, c. 596.) ...
  • 46.2-2011.31 Licenses, taxes, etc., not affected
    Nothing in this chapter shall be construed to relieve any person from the payment of any licenses, fees, taxes or levies now or hereafter imposed ...
  • 46.2-2011.32 Title to plates and markers
    All registration cards and identification markers issued by the Department shall remain the property of the Department. (2001, c. 596.) ...
  • 46.2-2012 through 46.2-2041
    Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...
  • 46.2-2042 Description unavailable
    Repealed by Acts 2001, c. 137. ...
  • 46.2-2043 through 46.2-2050
    Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...
  • 46.2-2051 Application of article
    Unless otherwise stated, this article shall apply to all motor carriers. (2001, c. 596.) ...
  • 46.2-2052 Bonds or insurance to be kept in force; amounts
    Each motor carrier shall keep in force at all times insurance, a bond, or bonds, in an amount required by this article. (2001, c. 596.) ...
  • 46.2-2053 Surety bonds, insurance, letter of credit, or securities required prior to issuance of registration...
    A. No certificate, permit, identification marker, registration card, or license plate shall be issued by the Department to any vehicle operated by a motor carrier ...
  • 46.2-2054 Policies or surety bonds to be filed with the Department and securities with State Treasure...
    A. Each motor carrier shall keep on file with the Department proof of an insurance policy or bond in accordance with this article. Record of ...
  • 46.2-2055 Condition or obligation of security
    The insurance, bond or other security provided for in § 46.2-2054 shall obligate the insurer or surety to pay any final judgment for (i) injury ...
  • 46.2-2056 Effect of unfair claims settlement practices on self-insured motor carriers
    The provisions of subdivisions 4, 6, 11, and 12 of subsection A of § 38.2-510 shall apply to each holder of a certificate or permit ...
  • 46.2-2057 Taxicab insurance required
    Each operator of a motor vehicle performing a bona fide taxicab service shall file insurance as required under this article unless evidence can be shown ...
  • 46.2-2058 When taxicab operator a self-insurer
    If the operator of any taxicab or other motor vehicle performing a taxicab service is a self-insurer under an ordinance of the city or county ...
  • 46.2-2059 Permit required for taxicab service
    It shall be unlawful for any taxicab or other motor vehicle performing a taxicab service to operate on an intrastate basis on any public highway ...
  • 46.2-2060 Limitations on advertising
    Within the jurisdictions of Planning District Number Eight, no person shall use the term "taxi" or "taxicab" in any advertisement, sign, or trade name, or ...
  • 46.2-2061 Article does not make taxicab operators common carriers
    Nothing in this article shall be construed to make or constitute operators of taxicabs or other motor vehicles performing a taxicab service common carriers. (2001, ...
  • 46.2-2062 Regulation of taxicab service by localities; rates and charges
    A. The governing body of any county, city or town in the Commonwealth may by ordinance regulate the rates or charges of any motor vehicles ...
  • 46.2-2063 Locality license and payment of locality license tax may be required
    The governing body of any county, city, or town may require a license for and impose upon and collect a license tax from every person, ...
  • 46.2-2064 When local 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 ...
  • 46.2-2065 Local regulation of qualifications of operators; stands
    The governing body of any county, city, or town may prescribe such reasonable regulations as to the character and qualifications of operators of any such ...
  • 46.2-2066 Penalty for violation of provisions of article or regulations
    Every owner or operator of a motor vehicle used as a vehicle for the transportation of persons for a consideration on any highway, street, road, ...
  • 46.2-2067 Local regulation of number of taxicabs
    A. It is the policy of this Commonwealth, based on the public health, safety and welfare, to assure safe and reliable privately operated taxicab service ...
  • 46.2-2068 Required permit
    No employee hauler, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from the ...
  • 46.2-2069 Application; requirements
    An applicant for a permit issued pursuant to this article shall furnish, at the time the application is made, a statement in writing signed by ...
  • 46.2-2070 Permit restrictions
    A permit issued under this article shall authorize the holder named in the permit to transport bona fide employees solely to and from the factories, ...
  • 46.2-2071 Required permit
    No nonprofit/tax-exempt passenger carrier, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from ...
  • 46.2-2072 Operational restrictions
    No nonprofit/tax-exempt passenger carrier shall operate over the same or an adjacent route and on a similar schedule as a public transportation authority or a ...
  • 46.2-2073 Exemption from permit filing fees
    The original permit filing fee collected pursuant to this chapter shall not be applicable to non-profit/tax-exempt passenger carriers. (2001, c. 596.) ...
  • 46.2-2074 Application of article
    Unless otherwise stated, this article shall only apply to common carriers of passengers over the highways of the Commonwealth. (2001, c. 596.) ...
  • 46.2-2075 Required certificates of public convenience and necessity
    No common carrier not otherwise exempted shall engage in intrastate operation on any highway within the Commonwealth without first having obtained from the Department a ...
  • 46.2-2076 Application; notice requirements
    In addition to the requirements of § 46.2-2001.3, an applicant for a common carrier certificate of public convenience and necessity issued under this article shall ...
  • 46.2-2077 Considerations for determination of issuance of certificate
    In addition to the requirements of § 46.2-2011, in determining whether a certificate of public convenience and necessity required by this article shall be granted, ...
  • 46.2-2078 No certificate to issue when service already adequate
    No certificate of public convenience and necessity shall be granted to an applicant proposing to operate over the route of any certificated common carrier unless ...
  • 46.2-2079 Certificates for passenger carriers operating over Interstate Highway System
    Notwithstanding the provisions of § 46.2-2078, upon a showing of public convenience and necessity, the Department may, if it finds from the evidence that the ...
  • 46.2-2080 Irregular route passenger certificates
    Notwithstanding any of the provisions of § 46.2-2078, the Department may grant common carrier certificates to applicants to serve irregular routes on an irregular schedule ...
  • 46.2-2081 Schedule required
    Every common carrier operating pursuant to this chapter shall file with the Department time schedules. A common carrier shall not deviate from its time schedule ...
  • 46.2-2082 Schedule changes require Department approval; posting notice
    A common carrier operating under a certificate issued by the Department pursuant to this article shall not make any change in schedules or service without ...
  • 46.2-2083 Schedule title page and content
    A. Title page of time schedules shall contain the following: 1. Time schedules must be numbered consecutively in the upper right hand corner, beginning with ...
  • 46.2-2084 Lease, mortgage or pledging of certificate
    No certificate or rights thereunder shall be leased, mortgaged, or pledged, unless first authorized by the Department. (2001, c. 596.) ...
  • 46.2-2085 Abandonment, discontinuance, or deviation of service
    Notwithstanding anything contained in this chapter to the contrary, no common carrier regulated pursuant to this article shall abandon or discontinue any service established under ...
  • 46.2-2086 Interruption of service
    All interruptions of regular service that are likely to continue for more than twenty-four hours shall be promptly reported in writing to the Department with ...
  • 46.2-2087 Refusal of service
    No common carrier regulated pursuant to this chapter shall refuse service without good cause. The Department may, at any time, require an explanation from such ...
  • 46.2-2088 Duties of carriers of passengers as to through routes, equipment, rates, regulations, etc
    Every common carrier regulated pursuant to this article shall establish reasonable through routes with other such common carriers and shall provide safe and adequate service, ...
  • 46.2-2089 Undue preference not permitted
    Except as provided in § 46.2-2091, it shall be unlawful for any common carrier regulated pursuant to this article to make, give, or cause any ...
  • 46.2-2090 Tariffs showing rates, fares and charges; available for inspection
    Every common carrier regulated pursuant to this article shall file with the Department at least thirty days before the effective date, and make available for ...
  • 46.2-2091 Unlawful to charge other than published tariff
    No common carrier regulated pursuant to this article shall charge or demand or collect or receive greater compensation for transportation or for any service in ...
  • 46.2-2092 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, ...
  • 46.2-2093 Joint tariffs; power of attorney
    A. A common carrier regulated pursuant to this article may authorize an agent or may join with another carrier or carriers in the publication of ...
  • 46.2-2094 No transportation except when rates have been filed and published
    No common carrier regulated pursuant to this article, unless otherwise provided by this chapter, shall engage in the transportation of passengers unless the rates, fares, ...
  • 46.2-2095 Terminals; local license taxes on operation
    Counties, cities and towns may impose license taxes for the privilege of operating or conducting terminals for use by common carriers regulated pursuant to this ...
  • 46.2-2096 Certificates required unless exempted
    Unless otherwise exempted, no person shall engage in the business of a contract passenger carrier by motor vehicle on any highway within the Commonwealth on ...
  • 46.2-2097 Authority conferred by "A" and "B" certificates
    A. An "A" certificate shall authorize the holder named therein to transport passengers from any point or points within the Commonwealth to other points within ...
  • 46.2-2097.1 When certificates granted
    The public convenience and necessity to be served by contract passenger carriers is to provide safe and convenient transportation for passengers and, in the issuance ...
  • 46.2-2098 Control, supervision and regulation by Department
    Except as otherwise provided in this chapter, every contract passenger carrier shall be subject to the exclusive control, supervision, and regulation by the Department, except ...
  • 46.2-2099 Operation except in accordance with chapter prohibited
    No contract passenger carrier shall operate any motor vehicle for the transportation of passengers for compensation on any highway in the Commonwealth on an intrastate ...
  • 46.2-2099.1 Operational requirements; penalty
    Contract passenger carriers shall provide service on a prearranged basis only for a minimum of one-hour per vehicle trip under a single contract made with ...
  • 46.2-2099.2 Required certificate of fitness
    No contract bus carrier, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from ...
  • 46.2-2099.3 Operational requirements
    Contract bus carriers shall provide service on a prearranged basis only for a minimum of one hour per vehicle trip under a single contract with ...
  • 46.2-2099.4 Required certificate of public convenience and necessity
    No sight-seeing carrier, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from the ...
  • 46.2-2099.5 Certificates authorize specific service and routes; ticket requirements
    A certificate issued under this article shall authorize the holder named in the certificate to transport passengers from the point or points of origin named ...
  • 46.2-2099.6 When certificate granted
    The public convenience and necessity to be served by this article is to encourage passengers to visit points of interest in Virginia by providing economical, ...
  • 46.2-2099.7 Schedules required
    The schedules operated by sight-seeing carriers shall be filed with and subject to the approval or disapproval of the Department, which may consider the seasonal ...
  • 46.2-2099.8 Abandonment or discontinuance of service
    Notwithstanding any provision contained in this chapter to the contrary, no sight-seeing carrier shall abandon or discontinue any service established under the provisions of this ...
  • 46.2-2099.9 Interruption of service
    All interruptions of regular service that are likely to continue for more than twenty-four hours shall be promptly reported in writing to the Department with ...
  • 46.2-2099.10 Deviation from route
    Sight-seeing carriers may occasionally deviate from their route or routes, when authorized to do so by the Department. (2001, c. 596.) ...
  • 46.2-2099.11 Refusal of service
    No sight-seeing carrier shall refuse service without good cause. The Department may, at any time, require an explanation from such carrier for its refusal to ...
  • 46.2-2099.12 Tariffs showing rates, fares and charges; available for inspection
    Every sight-seeing carrier regulated pursuant to this article shall file with the Department at least thirty days before the effective date, and make available for ...
  • 46.2-2099.13 Unlawful to charge other than published tariff
    No sight-seeing carrier regulated pursuant to this article shall charge or demand or collect or receive a greater compensation for transportation or for any service ...
  • 46.2-2099.14 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, ...
  • 46.2-2099.15 Joint tariffs; power of attorney
    A. A sight-seeing carrier regulated pursuant to this article may authorize an agent or may join with another carrier or carriers in the publication of ...
  • 46.2-2099.16 No transportation except when rates have been filed and published
    No sight-seeing carrier regulated pursuant to this article, unless otherwise provided by this chapter, shall engage in the transportation of passengers unless the rates, fares, ...
  • 46.2-2099.17 Regulation of brokers
    The Department shall regulate brokers and make and enforce reasonable requirements respecting their licenses, financial responsibility, accounts, records, reports, operations and practices. (2001, c. 596.) ...
  • 46.2-2099.18 Broker's license required
    No person shall for compensation sell or offer for sale transportation subject to this chapter or shall make any contract, agreement, or arrangement to provide, ...
  • 46.2-2099.19 Broker's license not substitute for other certificates or permits required
    No person who holds a broker's license under this article shall engage in transportation subject to this chapter unless he holds a certificate or permit ...
  • 46.2-2099.20 Description unavailable
    Repealed by Acts 2002, c. 861. ...
  • 46.2-2099.21 Exemptions from operation of article
    This article shall not be construed to include: 1. Persons engaged in operating boats exclusively for fishing; 2. Persons engaged in operating boats that have ...
  • 46.2-2099.22 through 46.2-2099.29
    Repealed by Acts 2002, c. 861. ...
  • 46.2-2099.30 Insurance to be kept in force
    Sight-seeing carriers by boat, special or charter party carriers by boat and motor carriers by launch shall keep in force at all times marine protection ...
  • 46.2-2099.31 through 46.2-2099.40
    Repealed by Acts 2002, c. 861. ...
  • 46.2-2099.41 Certification requirements
    A. A person may apply to the Department for certification as an operator of an excursion train. The Department shall certify an applicant if the ...
  • 46.2-2099.42 Assignment of liability
    A. The operator of an excursion train shall be liable for personal injury or wrongful death arising from the operation of such excursion train, including ...
  • 46.2-2099.43 Notice to passengers
    The operator of an excursion train shall: 1. Issue each passenger a ticket with the following statement in twelve point boldface type: "THE RAILROAD COMPANY ...

Last modified: April 3, 2009