Code of Virginia - Title 5.1 Aviation - Chapter 9 Air Carriers

5.1-89 Definitions
Whenever used in this chapter unless expressly stated otherwise: (a) The term "person" means any individual, firm, copartnership, corporation, company, association or joint-stock association, and ...

5.1-90 Exempted aircraft
This chapter shall not be construed to cover or include aircraft used exclusively in transporting or handling United States mail, or aircraft while used exclusively ...

5.1-90.1 Incidental transportation of certain passengers and property by motor vehicle
Nothing in this chapter or in Chapter 12 (§ 56-273 et seq.) of Title 56 shall be construed to prohibit the transportation of property or ...

5.1-91 Air carriers to comply with chapter; subject to regulation by Commission
No air carrier shall operate any aircraft for the transportation of passengers or property for compensation in the airspace of this Commonwealth except in accordance ...

5.1-92 Regulation by Commission; reports; prevention of discrimination
The Commission shall supervise, regulate and control all air carriers, doing business in this Commonwealth, in all matters relating to the performance of their public ...

5.1-93 Regulation of brokers
The Commission shall also regulate brokers and make and enforce reasonable requirements respecting their licenses, financial responsibility, accounts, records, reports, operations and practices. (Code 1950, ...

5.1-94 Required certificate of public convenience and necessity
No common carrier by aircraft or restricted common carrier by aircraft (not herein exempted) shall engage in intrastate operation in the airspace of this Commonwealth ...

5.1-95 Application for certificate; notices, etc
The Commission shall prescribe the form of the application for a certificate of convenience and necessity, and such reasonable requirements as to notices, publication, proof ...

5.1-96 Fees in connection with certificates
Every air carrier, upon filing with the Commission an application for a certificate, shall deposit with the Commission as a filing fee the sum of ...

5.1-97 Hearing on application; action of Commission
Upon the filing of an application for a certificate of public convenience and necessity, the Commission shall, within a reasonable time, fix a time and ...

5.1-98 Factors to be considered by the Commission in granting certificates
In granting certificates of public convenience and necessity pursuant to § 5.1-94, the Commission shall take into consideration, among other things, the business experience of ...

5.1-99 Occasional deviations from authorized routes; emergency landings
A common carrier by aircraft, or a restricted common carrier by aircraft, operating under a certificate issued by the Commission may occasionally deviate from the ...

5.1-100 Transportation of baggage, mail, etc., with passengers
A certificate for the transportation of passengers may include, when so authorized by the Commission, authority to transport, in the same aircraft with passengers, the ...

5.1-101 Chartered parties covered by common carriers
Any common carrier by aircraft transporting passengers under a certificate issued by the Commission may operate to any place special or chartered parties, under such ...

5.1-102 Schedule changes require Commission approval
A common carrier by aircraft or a restricted common carrier by aircraft operation under a certificate issued by the Commission shall not make any change ...

5.1-103 through 5.1-106
Repealed by Acts 1980, c. 721. ...

5.1-107 Issuance of temporary authority by Commission pending hearing on application for certificat...
To enable the provision of service for which there is an immediate and urgent need to a point or between points in Virginia, the Commission, ...

5.1-108 When 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, ...

5.1-109 Application for broker's license
The Commission shall prescribe the form of application for a broker's license and such reasonable requirements and information as may in its judgment be necessary, ...

5.1-110 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 ...

5.1-111 Authority over brokers; bond
The Commission shall have the same authority over persons operating under and holding a brokerage license as it has over air carriers under this chapter ...

5.1-112 Broker's license not substitute for other certificates or permits required
No person who holds a broker's license under this chapter shall engage in transportation subject to this chapter unless he holds a certificate or permit ...

5.1-113 Duration of certificates, etc.; suspension, revocation, or amendment; penalties
Certificates, permits and licenses issued under the provisions of this chapter shall be effective from the dates specified therein and shall remain in effect until ...

5.1-114 Transfer or lease of certificate
Any certificate issued under this chapter may be transferred or leased, subject to the approval of the Commission and under such reasonable rules and regulations ...

5.1-115 No value allowed for certificates
No value shall be allowed for any purpose for any certificate issued under this chapter. (Code 1950, § 56-169; 1970, c. 708.) ...

5.1-116 Bonds, insurance or certificate of insurance required prior to issuance of certificate or permi...
No certificate or permit shall be issued by the Commission to any air carrier until and after such air carrier shall have filed with, and ...

5.1-117 Bonds or insurance to be kept in force
Each holder of a certificate or permit issued by the Commission shall also keep in force at all times insurance or a bond underwritten by ...

5.1-118 Policies, bonds or certificates to be filed with Commission; securities deposited in lieu thereo...
Each holder of a certificate or permit issued by the Commission shall keep on file with the Commission an insurance policy, bond or certificate of ...

5.1-119 Condition of bond, etc
The insurance bond, or other security, shall obligate the insurer or surety to pay any final judgment for damages sustained by the passengers, shippers, or ...

5.1-120 Effect of failure to give security
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 ...

5.1-121 Duties of carriers of passengers as to through routes, equipment, rates, regulations, etc
Every common carrier or restricted common carrier of passengers by aircraft shall establish reasonable through routes with other such common carriers and provide safe and ...

5.1-122 Duties of carriers of property as to service, rates and regulations
Every common carrier or restricted common carrier of property by aircraft shall provide safe and adequate service, equipment, and facilities for the transportation of property; ...

5.1-123 Through routes, joint rates, etc., not required may be established
Common carriers or restricted common carriers of property by aircraft may establish reasonable routes and joint rates, charges, and classifications with other such carriers or ...

5.1-124 Undue preference not permitted
It shall be unlawful for any common carrier or restricted common carrier by aircraft to make, give, or cause any undue or unreasonable preference or ...

5.1-125 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 ...

5.1-126 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 ...

5.1-127 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 ...

5.1-128 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 ...

5.1-129 Goodwill, certificate, etc., not element of value in rate making
In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common or restricted common carrier by aircraft there ...

5.1-130 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 ...

5.1-131 Other remedies not extinguished
Nothing in the preceding nine sections (§§ 5.1-122 through 5.1-130) shall be held to extinguish any remedy or right of action not inconsistent therewith. (Code ...

5.1-132 Tariffs showing rates, fares and charges, etc
Every common carrier and restricted common carrier by aircraft shall file with the Commission, and print, and keep open to public inspection, tariffs showing all ...

5.1-133 Unlawful to charge other than published tariff
No common carrier or restricted common carrier by aircraft shall charge or demand or collect or receive a greater or less or different compensation for ...

5.1-134 Changes in tariffs, etc
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, ...

5.1-135 No transportation except when rates have been filed and published
No common carrier or restricted common carrier by aircraft, unless otherwise provided by this chapter, shall engage in the transportation of passengers or property unless ...

5.1-136 Free passes or reduced rates
No air carrier subject to the provisions of this chapter shall, directly or indirectly, issue or give any free ticket, free pass or free transportation ...

5.1-137 Payment of rates and charges before delivery of freight
No common carrier or restricted common carrier by aircraft shall deliver or relinquish possession at destination of any freight transported by it until all tariff ...

5.1-138 Liability for additional charges
When any common carrier by aircraft is instructed by a shipper or consignor to deliver property transported by such carrier to a consignee other than ...

5.1-139 Commission may enter judgment for refunds due public and collect and distribute same
If any air carrier or broker, upon the final decision of an appeal from the action of the Commission prescribing rates, charges, or classification of ...

5.1-140 Unlawful to disclose certain information
It shall be unlawful for any air carrier or broker or any officer, receiver, trustee, lessee, agent, or employee of such carrier, broker, or person, ...

5.1-141 Description unavailable
Repealed by Acts 2001, c. 137. ...

5.1-142 Reports, records, etc
(a) The Commission is hereby authorized to require annual, periodic, or special reports from all air carriers except such as are exempted from the operation ...

5.1-143 Reports of accidents
It shall be the duty of the manager, agent or other proper officer of every air carrier doing business or operating in this Commonwealth to ...

5.1-144 Certificate or permit holder not relieved of liability for negligence
Nothing in this chapter shall relieve any holder of a certificate or permit by and under the authority of the Commission from any liability resulting ...

5.1-145 Enforcement under Department of State Police or Commission; concurrent jurisdiction for investigati...
The enforcement of any provision of this chapter requiring the use of police officers shall be under the Department of State Police or under the ...

5.1-146 Violations and penalties
(a) Any person knowingly and willfully violating any provision of this chapter, or any rule, regulation, requirement, or order thereunder for which a penalty is ...

5.1-147 Disposition of fees or sums collected
All fees or sums collected by the Commission under the provisions of this chapter shall be deposited with the State Treasurer, and shall be set ...

5.1-148 Employees of Commission not to have interest in carriers
No employee of the Commission appointed or employed in the administration of this chapter shall in any manner have any pecuniary interest in, own any ...

5.1-149 No property rights in airspace conferred by chapter
Nothing in this chapter shall confer any proprietary or property rights in the use of the airspace of this Commonwealth. (Code 1950, § 56-204; 1970, ...

5.1-150 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 ...

5.1-151 Right to amend, revoke, etc., rights, certificates or franchises
The right and power of the General Assembly to amend, alter, revoke or repeal any and all rights, certificates, or franchises granted pursuant to the ...