Virginia Law

Article 6. Common Carriers.

Unless otherwise stated, this article shall only apply to common carriers of passengers over the highways of the Commonwealth.

2001, c. 596.

No common carrier not otherwise exempted, other than a sight-seeing carrier, shall engage in intrastate operation on any highway within the Commonwealth without first having obtained from the Department a certificate of public convenience and necessity authorizing such operation.

2001, c. 596; 2011, cc. 881, 889.

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 cause a notice of such application, on the form and in the manner prescribed by the Department, on the mayor or principal officer of any city or town and on the chairman of the board of supervisors of every county into or through which the applicant may desire to provide service.

2001, c. 596.

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, the Department may consider the present transportation facilities over the proposed route or within the proposed service area, the volume of traffic over such route or in such service area, and the condition of the highway over the proposed route or service area.

2001, c. 596.

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 it is proved to the satisfaction of the Department 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 Department is of the 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, the transportation of passengers by an urban-suburban bus line, hereby defined as a bus line, the majority of whose passengers use the buses for traveling a distance no more than 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.

2001, c. 596.

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 public interest will be promoted thereby, issue to any carrier of passengers by motor vehicle a certificate or certificates authorizing operations in the Commonwealth upon highways that are part of the Interstate Highway System. The foregoing shall be applicable only to issuance of certificates for operations over such System. Except as otherwise indicated, all other applicable provisions of this chapter shall apply to such carriers and to such certificates.

2001, c. 596.

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 within a specified geographic area. The Department shall issue no more certificates than the public convenience and necessity require, and shall place such restrictions upon such certificates as may be reasonably necessary to protect any existing regular or irregular route common carrier certificate holders operating within the proposed service area, but shall not deny a certificate solely on the ground that the applicant will operate in the same service area that an existing regular or irregular route common carrier certificate holder is operating. Certificates issued hereunder shall be restricted to operation of vehicles with a passenger-carrying capacity not to exceed 15 persons, including the driver. Certificates hereunder shall also be restricted to prohibit pickup or delivery of passengers at their personal residence in the City of Norfolk, except that this restriction shall not apply to specially equipped vehicles for the transportation of disabled persons.

A motor carrier receiving a notice of intent to award a contract under the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for irregular route common carrier service to or from a public-use airport located in the City of Norfolk or the County of Henrico is entitled to a conclusive presumption of a need for such service.

2001, c. 596; 2002, cc. 681, 734; 2007, c. 813; 2011, c. 424.

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 and can only amend such schedule in accordance with § 46.2-2082.

2001, c. 596.

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 having first received the approval of the Department for such change in schedules or service and without first posting a notice of such change in a conspicuous place at each station or ticket agency affected at least ten days before the effective date thereon. Any request for a change in schedules or service shall be received by the Department a minimum of ten days prior to the proposed effective date of such change.

2001, c. 596.

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 No. 1, and show the number of the time schedule cancelled thereby, if any.

2. Name of the motor carrier.

3. The termini or points between which the time schedules apply.

4. Date issued and date effective.

5. The name, title, and address of the officer issuing such time schedule, including street address.

B. Time schedules shall show:

1. The time of departure from all termini.

2. The time of departure from intermediate points between termini.

3. What points, if any, on route of carrier at which service cannot be rendered.

2001, c. 596.

Repealed by Acts 2011, cc. 881 and 889, cl. 2.

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 the provisions of this chapter without permission of the Department and on such terms as the Department may prescribe. Common carriers may occasionally deviate from their route or routes when authorized to do so by the Department.

2001, c. 596.

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 a full statement of cause of such interruption and its probable duration; however, any interruption of regular service that results from an act of God need not be reported to the Department unless it continues for more than seventy-two hours.

All interruptions of regular service shall be promptly reported to the agents of the carrier on the routes involved.

2001, c. 596.

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 carrier for its refusal to provide service.

2001, c. 596.

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, equipment, and facilities for the transportation of passengers; shall establish, observe, and enforce just and reasonable individual and joint rates, fares and charges and just and reasonable regulations and practices relating thereto, and to the issuance, form, and substance of tickets, the carrying of baggage, the facilities for transportation, and all other matters relating to or connected with the transportation of passengers; and in case of such joint rates, fares, and charges, shall establish just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.

2001, c. 596.

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 undue or unreasonable preference or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, gateway, locality, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever; however, this section shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description.

2001, c. 596.

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 public inspection, tariffs showing all the rates, fares and charges for transportation, and all services in connection therewith, of passengers 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, 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 Department may prescribe. The Department is authorized to reject any tariff filed with it that is not in consonance with this section. Any tariff rejected by the Department shall be void, and its use shall be unlawful.

2001, c. 596.

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 connection therewith between the points enumerated in such tariff than the rates, fares, and charges specified in the tariffs in effect at the time.

2001, c. 596.

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 regulated pursuant to this article, except after thirty days' notice of the proposed change. Such notice shall plainly state the change proposed to be made and the time when such change will take effect. The Department 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.

2001, c. 596.

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 a joint tariff, supplement or amendment, and, where such authority is given, shall file with the Department prior to publication power of attorney or notice of concurrence, which shall specifically set out the authority given.

B. Where a carrier issues a power of attorney to an agent or a concurrence to another carrier for the publication of tariffs, such power of attorney or concurrence may not be revoked except upon sixty days' notice to the Department and the agent or carrier to which the power of attorney or concurrence was issued, except upon special permission of the Department.

2001, c. 596.

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, and charges upon which the same are transported by such carrier have been filed and published in accordance with the provisions of this article.

2001, c. 596.

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 article. Operation of terminals by such carriers in connection with and incidental to their business as such common carriers, and not for profit, or for such carriers where the local agent receives as his compensation a commission on tickets sold shall not be subject to the imposition of any such taxes. Lots used by such carriers for parking, storage and servicing of motor vehicles used in the business of such carriers and for taking on and discharging passengers shall not be deemed terminals. Nothing herein contained shall be construed to exempt the payment of license taxes on any other business that may be conducted on, at, or in any such terminal or lot.

2001, c. 596.