Code of Virginia - Title 46.2 Motor Vehicles - Chapter 21 Regulation Of Property Carriers

46.2-2100 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 ...

46.2-2101 Exemptions from chapter
The following are exempt from this chapter: 1. Motor vehicles owned and operated by the United States, District of Columbia, any state, municipality, or any ...

46.2-2102 Compliance with chapter required
No motor carrier shall operate any motor vehicle for the transportation of property for compensation on any highway in this Commonwealth on an intrastate basis ...

46.2-2103 through 46.2-2108
Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...

46.2-2108.1 Disposition of funds collected
Except as otherwise provided, all fees collected by the Commissioner pursuant to this chapter shall be paid into the state treasury and set aside as ...

46.2-2108.2 Necessity of a license, permit, or certificate
It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange by contract, agreement or arrangement to transport property for ...

46.2-2108.3 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 ...

46.2-2108.4 Application; notice requirements
A. Applications for a license, permit, or certificate of public convenience and necessity under this chapter shall be made to the Department and contain such ...

46.2-2108.5 Registered for fuels tax; business, professional, and occupational license taxes
License, permit, and certificate of public convenience and necessity holders shall be licensed and registered in accordance with the road tax requirements of Chapter 27 ...

46.2-2108.6 Considerations for determination of issuance of license, permit, or certificate
In determining whether a license, permit, or certificate of public convenience and necessity required by this chapter shall be issued, the Department may, among other ...

46.2-2109 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. Aggrieved ...

46.2-2110 through 46.2-2114
Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002. ...

46.2-2114.1 Description unavailable
Expired. ...

46.2-2115 Determination for issuance of license, permit, or certificate
If the Department finds the applicant has met all requirements of this chapter, it shall issue a license, permit, or certificate of public convenience and ...

46.2-2116 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 ...

46.2-2117 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 ...

46.2-2118 Issuance, expiration, and renewal of license, permit, and certificate
All licenses, permits, and certificates of public convenience and necessity issued under this chapter shall be issued for a period of twelve consecutive months except, ...

46.2-2119 Conversion of old licenses, permits, and certificates
A. All holders of a license, permit, or certificate of public convenience and necessity issued prior to July 1, 2002, shall be issued a replacement ...

46.2-2120 Filing and application fees
Every applicant for an original license or certificate of public convenience and necessity issued under this chapter and transfer of a license or certificate of ...

46.2-2121 Vehicle fees
Every person who operates a property carrying vehicle for compensation over the highways of the Commonwealth, unless such operation is exempted from this chapter, shall ...

46.2-2122 Bond and letter of credit requirements of applicants for license and certificate
A. Every applicant for an original, second-year renewal, third-year renewal, fourth-year renewal, and fifth-year renewal of a certificate of public convenience and necessity under this ...

46.2-2123 Transfer or lease of license or certificate
Any certificate of public convenience and necessity issued under this chapter may be transferred or leased, subject to the approval of the Department, and under ...

46.2-2124 Notice of discontinuance of service
Every motor carrier or broker who ceases operation or abandons his rights under a license, permit, or certificate of public convenience and necessity issued shall ...

46.2-2125 Reports, records, etc
A. The Department is hereby authorized to require annual, periodical, or special reports from motor carriers, except such as are exempted from the operation of ...

46.2-2126 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 by and under the authority of the Department from any liability ...

46.2-2127 Freight bill violation
Any motor carrier that consistently submits a freight bill to a shipper for services rendered, which bill is more than ten percent above the written ...

46.2-2128 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 ...

46.2-2129 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) ...

46.2-2130 Registration 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 ...

46.2-2131 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 ...

46.2-2132 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 ...

46.2-2133 Grounds for denying, suspending, or revoking licenses or certificates
A license or certificate of public convenience and necessity issued under this chapter may be denied, suspended, or revoked on any one or more of ...

46.2-2134 Grounds for denying, suspending, or revoking permits
A permit issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds: 1. Failure to submit ...

46.2-2135 Altering or amending licenses, permits, or certificates
The Department may alter or amend a license, permit, or certificate of public convenience and necessity at the request of a licensee, permittee, or certificate ...

46.2-2136 Suspension, revocation, and refusal to renew license, permit, or certificate; notice and hearin...
A. Except as provided in subsection D of this section, unless otherwise provided in this chapter, no license, permit, or certificate of public convenience and ...

46.2-2137 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 ...

46.2-2138 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 ...

46.2-2139 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 ...

46.2-2140 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.) ...

46.2-2141 Application of article
Unless otherwise stated, this article shall apply to all motor carriers as defined under this chapter. (2001, c. 596.) ...

46.2-2142 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.) ...

46.2-2143 Surety bonds, insurance, letter of credit or securities required prior to issuance of registration...
A. No certificate of public convenience and necessity, permit, identification marker, registration card, or license plate shall be issued by the Department to any vehicle ...

46.2-2144 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 ...

46.2-2145 Condition or obligation of security
The insurance, bond or other security provided for in § 46.2-2144 shall obligate the insurer or surety to pay any final judgment for (i) damages ...

46.2-2146 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 of public ...

46.2-2147 Certain household goods carriers exempted from article
Household goods carriers transporting solely household goods under a certificate of public convenience and necessity issued pursuant to this chapter are exempt from the provisions ...

46.2-2148 Required permit
No property carrier, unless otherwise exempted, shall transport property on any highway within the Commonwealth on an intrastate basis without first having obtained from the ...

46.2-2149 Certain household goods carriers exempt from certain provisions of article
Household goods carriers transporting household goods for a lesser distance than thirty-one road miles are exempt from this article except the provisions of § 46.2-2168. ...

46.2-2150 Required certificates of public convenience and necessity
No household goods carrier, unless otherwise exempted, shall engage in intrastate operations on any highway within the Commonwealth without first having obtained from the Department ...

46.2-2151 Considerations for determination of issuance of certificate
In determining whether the certificate of public convenience and necessity required by this article shall be granted, the Department may, among other things, consider the ...

46.2-2152 Control by Department
Every household goods carrier is hereby declared to be subject to control, supervision and regulation by the Department. (2001, c. 596.) ...

46.2-2153 Provisions of chapter controlling
As to household goods carriers, the provisions of this chapter shall be controlling, and no laws in conflict herewith, or inconsistent herewith, shall have any ...

46.2-2154 Discontinuance of service
Notwithstanding anything contained in this chapter to the contrary, no household goods carrier shall abandon or discontinue either temporarily or permanently any service established under ...

46.2-2155 Power and duty of Department
The Department shall regulate and control all household goods carriers not herein exempted, doing business in the Commonwealth, in all matters relating to the performance ...

46.2-2156 Solicitation, booking, registration by other persons prohibited; storage-in-transit
A. No person except a certificated household goods carrier, its parent, or its wholly owned subsidiary company, or other entity under complete ownership, or an ...

46.2-2157 Estimate of charges; penalties; information booklet for shippers
A. Household goods carriers may, upon request of a shipper, cause to be given to such shipper an estimate of the charges for proposed services ...

46.2-2158 Bill of lading
A. A bill of lading shall be issued. B. A bill of lading shall contain the following information: 1. Name, address and telephone number of ...

46.2-2159 Freight bill or freight bill/bill of lading
A. There shall be furnished by every household goods carrier at destination to the consignee of every C.O.D. shipment transported by him a freight bill, ...

46.2-2160 Bill of lading kept in vehicle; preserved in office
With every motor vehicle transporting household goods there shall be carried with such property on the same vehicle a copy of the bill of lading ...

46.2-2161 Payment of tariff charges; payment of specific charges
A. The carrier will not deliver or relinquish possession of any property transported by it until all tariff rates and charges thereon have been paid ...

46.2-2162 Carrier liability
A. No delivery acknowledgement on any shipping document to be signed by the consignee at time of delivery shall contain any language that purports to ...

46.2-2163 Determination of weights by certified scales
A. Each household goods carrier shall determine the tare weight of each vehicle used by having it weighed prior to, if practicable, the loading of ...

46.2-2164 Constructive weight
If no certified scale is available at origin, at any point enroute, or at destination, a constructive weight based upon seven pounds per cubic foot ...

46.2-2165 Obtaining weight tickets
The carrier shall obtain a weight ticket signed by the weighmaster or its driver for each weighing required under this section, with tare and gross ...

46.2-2166 Minimum weight shipments, notice
No carrier shall accept an order for a shipment for transportation that appears to be subject to the minimum weight provisions of the carrier's tariff ...

46.2-2167 Reweighing of shipment
The household goods carrier, upon request of the shipper or his representative made prior to the delivery, shall reweigh the shipment subject to the availability ...

46.2-2168 Claims
A. Every household goods carrier that receives a written claim for loss of or damage to property transported by it shall: 1. Acknowledge receipt of ...

46.2-2169 Tariffs showing rates and charges, etc
Every household goods carrier by motor vehicle shall file with the Department at least thirty days before the effective date and make available for public ...

46.2-2170 Unlawful to charge other than published tariff
No household goods carrier shall charge or demand or collect or receive a greater compensation for transportation or for any service in connection therewith than ...

46.2-2171 Changes in tariffs
No change shall be made in any rate or charge, or any rule, regulation, or practice affecting such rate or charge, or the value of ...

46.2-2172 Joint tariffs; power of attorney
A. A household goods carrier may authorize an agent or may join with another carrier or carriers in the publication of a joint tariff, supplement ...

46.2-2173 Tariff contents
Tariff contents shall contain certain information: 1. Table of contents, arranged in alphabetical order, showing the number of the page and/or item number on which ...

46.2-2174 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.) ...

46.2-2175 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, ...

46.2-2176 Broker's license not substitute for other certificates or permits
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 ...