Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Code of Virginia
Title 46.2. Motor Vehicles
Chapter .
11/29/2021

Chapter 20. Regulation of Passenger Carriers.

Article 1. Motor Carriers of Passengers -- Generally.

§ 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 not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a solely intrastate motor carrier, an insurer authorized to transact business in the Commonwealth.

"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 except for transportation pursuant to Article 15 (§ 46.2-2099.45 et seq.), or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation.

"Carrier by motor launch" means a common carrier, which carrier uses one or more motor launches operating on the waters within the Commonwealth to transport passengers.

"Certificate" means a certificate of public convenience and necessity or a certificate of fitness.

"Certificate of fitness" means a certificate issued by the Department to a contract passenger carrier, a sight-seeing carrier, a transportation network company, or a nonemergency medical transportation carrier.

"Certificate of public convenience and necessity" means a certificate issued by the Department of Motor Vehicles to certain common carriers, but nothing contained in this chapter shall be construed to mean that the Department can issue any such certificate authorizing intracity transportation.

"Common carrier" means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers 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 under this chapter. "Common carrier" does not include nonemergency medical transportation carriers, transportation network companies, or TNC partners as defined in this section.

"Contract passenger carrier" means a motor carrier that transports groups of passengers under a single contract made with one person for an agreed charge for such transportation, regardless of the number of passengers transported, and for which transportation no individual or separate fares are solicited, charged, collected, or received by the carrier. "Contract passenger carrier" does not include a transportation network company or TNC partner as defined in this section.

"Department" means the Department of Motor Vehicles.

"Digital platform" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with TNC partners.

"Employee hauler" means a motor carrier operating for compensation and exclusively transporting only bona fide employees directly to and from the factories, plants, office or other places of like nature where the employees are employed and accustomed to work.

"Excursion train" means any steam-powered train that carries passengers for which the primary purpose of the operation of such train is the passengers' experience and enjoyment of this means of transportation, and does not, in the course of operation, carry (i) freight other than the personal luggage of the passengers or crew or supplies and equipment necessary to serve the needs of the passengers and crew, (ii) passengers who are commuting to work, or (iii) passengers who are traveling to their final destination solely for business or commercial purposes.

"Financial responsibility" means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter.

"Highway" means every public highway or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys in towns and cities.

"Identification marker" means a decal or other visible identification issued by the Department to show one or more of the following: (i) that the operator of the vehicle has registered with the Department for the payment of the road tax imposed under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1; (ii) proof of the possession of a certificate or permit issued pursuant to this chapter; or (iii) proof of compliance with the insurance requirements of this chapter.

"Interstate" means transportation of passengers between states.

"Intrastate" means transportation of passengers solely within a state.

"License" means a license issued by the Department to a broker or a TNC broker.

"Minibus" means any motor vehicle having a seating capacity of not less than seven nor more than 31 passengers, including the driver, and used in the transportation of passengers.

"Motor carrier" means any person who undertakes, whether directly or by lease, to transport passengers for compensation over the highways of the Commonwealth.

"Motor launch" means a motor vessel that meets the requirements of the U.S. Coast Guard for the carriage of passengers for compensation, with a capacity of six or more passengers, but not in excess of 50 passengers. "Motor launch" does not include sight-seeing vessels, special or charter party vessels within the provisions of this chapter. A carrier by motor launch shall not be regarded as a steamship company.

"Nonemergency medical transportation carrier" means a motor carrier that exclusively provides nonemergency medical transportation and provides such transportation only (i) through the Department of Medical Assistance Services; (ii) through a broker operating under a contract with the Department of Medical Assistance Services; or (iii) as a Medicaid Managed Care Organization or through a contractor of a Medicaid Managed Care Organization contracted with the Department of Medical Assistance Services to provide such transportation.

"Nonprofit/tax-exempt passenger carrier" means a bona fide nonprofit corporation organized or existing under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1, or a tax-exempt organization as defined in §§ 501(c)(3) and 501(c)(4) of the Internal Revenue Code, as amended, who undertakes, whether directly or by lease, to control and operate minibuses exclusively in the transportation, for compensation, of members of such organization if it is a membership corporation, or of elderly, disabled, or economically disadvantaged members of the community if it is not a membership corporation.

"Operation" or "operations" includes the operation of all motor vehicles, whether loaded or empty, whether for compensation or not, and whether owned by or leased to the motor carrier who operates them or causes them to be operated.

"Operation of a TNC partner vehicle" means (i) any time a TNC partner is logged into a digital platform and is available to pick up passengers; (ii) any time a passenger is in the TNC partner vehicle; and (iii) any time the TNC partner has accepted a prearranged ride request through the digital platform and is en route to a passenger.

"Operator" means the employer or person actually driving a motor vehicle or combination of vehicles.

"Permit" means a permit issued by the Department to carriers operating as employee haulers or nonprofit/tax-exempt passenger carriers or to operators of taxicabs or other vehicles performing taxicab service under this chapter.

"Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

"Personal vehicle" means a motor vehicle that is not used to transport passengers for compensation except as a TNC partner vehicle.

"Prearranged ride" means passenger transportation for compensation in a TNC partner vehicle arranged through a digital platform. "Prearranged ride" includes the period of time that begins when a TNC partner accepts a ride requested through a digital platform, continues while the TNC partner transports a passenger in a TNC partner vehicle, and ends when the passenger exits the TNC partner vehicle.

"Restricted common carrier" means any person who undertakes, whether directly or by a lease or other arrangement, to transport passengers for compensation, whereby such transportation service has been restricted. "Restricted common carrier" does not include a transportation network company or TNC partner as defined in this section.

"Route," when used in connection with or with respect to a certificate of public convenience and necessity, 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.

"Services" and "transportation" 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, expressed 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 the performance of any service in connection therewith.

"Sight-seeing carrier" means a restricted common carrier authorized to transport passengers under the provisions of this chapter, whereby the primary purpose of the operation is the passengers' experience and enjoyment or the promotion of tourism.

"Sight-seeing carrier by boat" means a restricted common carrier, which restricted common carrier uses a boat or boats operating on waters within the Commonwealth to transport passengers, and whereby the primary purpose of the operation is the passengers' experience and enjoyment or the promotion of tourism. Sight-seeing carriers by boat shall not be regarded as steamship companies.

"Single state insurance receipt" means any receipt issued pursuant to 49 C.F.R. Part 367 evidencing that the carrier has the required insurance and paid the requisite fees to the Commonwealth and other qualified jurisdictions.

"Special or charter party carrier by boat" means a restricted common carrier which transports groups of persons under a single contract made with one person for an agreed charge for such movement regardless of the number of persons transported. Special or charter party carriers by boat shall not be regarded as steamship companies.

"Taxicab or other motor vehicle performing a taxicab service" means any motor vehicle having a seating capacity of not more than six passengers, excluding the driver, not operating on a regular route or between fixed terminals used in the transportation of passengers for hire or for compensation, and not a common carrier, restricted common carrier, transportation network company, TNC partner, or nonemergency medical transportation carrier as defined in this chapter.

"TNC broker" means any person who (i) is not a transportation network company or TNC partner and (ii) is not a bona fide employee or agent of a transportation network company or TNC partner, and who contracts or enters into an agreement or arrangement, with a transportation network company and who, in accordance with such contract, agreement or arrangement, arranges any transportation subject to Article 15 (§ 46.2-2099.45 et seq.) or negotiates for or holds himself out by solicitation, advertisement, or otherwise as one who arranges for such transportation but does not control the manner in which such transportation is provided.

"TNC broker insurance" means a motor vehicle liability insurance policy that specifically covers liabilities arising while the TNC partner is en route to a passenger pursuant to arrangements made by a TNC broker.

"TNC insurance" means a motor vehicle liability insurance policy that specifically covers liabilities arising from a TNC partner's operation of a TNC partner vehicle.

"TNC partner" means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth.

"TNC partner vehicle" means a personal vehicle authorized by a transportation network company and used by a TNC partner to provide prearranged rides on an intrastate basis in the Commonwealth.

"Trade dress" means a logo, insignia, or emblem attached to or visible from the exterior of a TNC partner vehicle that identifies a transportation network company or digital platform with which the TNC partner vehicle is affiliated.

"Transportation network company" means a person who provides prearranged rides using a digital platform that connects passengers with TNC partners.

Code 1950, § 56-273; 1950, p. 368; 1966, c. 543; 1973, cc. 306, 460; 1982, c. 257; 1989, c. 625; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 861; 2004, c. 780; 2011, cc. 881, 889; 2012, cc. 22, 111; 2015, cc. 2, 3; 2017, cc. 554, 635, 694, 708.

§ 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 performing bona fide taxicab service, having a seating capacity of not more than six passengers, excluding the driver, while operating in a county, city, or town 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;

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. 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 passenger-carrying motor vehicles while being operated under an exclusive contract with the United States;

5. Any motor vehicle designed with a seating capacity for and used to transport not more than 15 passengers, including 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 not exceeding the cost of the vehicle or used to pay for leasing the vehicle are to be considered eligible expenses of operation;

6. Unless otherwise provided, motor vehicles while used exclusively in the transportation of passengers 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;

7. Motor vehicles while operated under the exclusive regulatory control of a transportation district commission acting pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2;

8. 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 are 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; and

9. Emergency medical services vehicles as defined in § 32.1-111.1.

Code 1950, § 56-274; 1950, p. 370; 1958, c. 285; 1966, c. 575; 1968, c. 183; 1970, c. 33; 1973, c. 460; 1975, c. 122; 1976, cc. 378, 411; 1977, c. 514; 1978, c. 152; 1979, cc. 608, 618; 1980, c. 230; 1982, c. 257; 1983, c. 112; 1985, c. 88; 1986, c. 420; 1989, c. 625; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 337; 2011, cc. 881, 889; 2015, cc. 502, 503.

§ 46.2-2000.2. Repealed.

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 a special fund to be used to meet the expenses of the Department.

2001, c. 596.

§ 46.2-2001. Regulation by Department; reports; prevention of discrimination; regulation of leasing of motor vehicles.

The Department shall supervise, regulate and control all motor carriers, carriers by rail, TNC brokers, and brokers not exempted under this chapter doing business in the Commonwealth, and all matters relating to the performance of their public duties and their charges therefor as provided by this chapter, and shall correct abuses therein by such carriers; and to that end the Department may prescribe reasonable rules, regulations, forms and reports for such carriers and brokers in furtherance of the administration and operation of this chapter; and the Department shall have the right at all times to require from such motor carriers, carriers by rail, TNC brokers, and brokers special reports and statements, under oath, concerning their business.

The Department shall make and enforce such requirements, rules and regulations as may be necessary to prevent unjust or unreasonable discriminations by any carrier, TNC broker, or broker 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 carrier, TNC broker, or broker. The Department shall administer and enforce all provisions of this chapter, and may prescribe reasonable rules, regulations and procedure looking to that end.

The Department may 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 Department's regulatory powers.

The Department shall work in conjunction with the Department of State Police and local law-enforcement officials to promote uniform enforcement of the laws pertaining to motor carriers and the rules, regulations, forms, and reports prescribed under the provisions of this chapter.

Code 1950, § 56-276; 1964, c. 571; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 861; 2012, cc. 22, 111; 2017, c. 635.

§ 46.2-2001.1. License, permit, or certificate required.

A. 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 compensation as a TNC broker, broker, motor carrier or excursion train operator without first obtaining a license, permit, or certificate, unless otherwise exempted, as provided in this chapter.

B. Beginning July 1, 2014, any person making application for a license, permit, or certificate pursuant to this chapter who has violated § 46.2-2001.1, either as a result of a conviction or as a result of an imposition of a civil penalty, shall be denied such license, permit, or certificate for a period of 12 months from the date the final disposition of the conviction or imposition of the civil penalty has been rendered.

The Department of Motor Vehicles shall require applicants for a license, permit, or certificate to report any conviction or imposition of civil penalties for violations of § 46.2-2001.1.

2001, c. 596; 2002, c. 861; 2013, cc. 165, 582; 2017, c. 635.

§ 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 registration receipt by the Department or other qualified jurisdiction. The identification marker issued by the Department shall be displayed on each vehicle as prescribed by the Department and shall be valid for the period of time prescribed by the Department.

2001, c. 596.

§ 46.2-2001.3. Application; notice requirements.

A. Applications for a license, permit, certificate, or identification marker or renewal of a license, permit, certificate, or identification marker under this chapter shall be made to the Department and contain such information and exhibits as the Department shall require. Such information shall include, in the application or otherwise, the matters set forth in § 46.2-2011.24 as grounds for denying licenses, permits, and certificates, and other pertinent matters requisite for the safeguarding of the public interest.

Notwithstanding any other provision of this chapter, the Commissioner may require all or certain applications for a license, permit, certificate, or identification marker to be filed electronically.

B. An applicant for any original certificate of public convenience and necessity issued under this chapter, or any request for a transfer of such certificate, unless otherwise provided, shall cause a notice of such application, on the form and in the manner prescribed by the Department, on every motor carrier holding the same type of certificate issued by the Department and operating or providing service within the area proposed to be served by the applicant.

C. For any application for original certificate or license issued under this chapter, or any request for a transfer of such certificate or license, the Department shall publish a notice of such application on the Department's public website in the form and in the manner prescribed by the Department.

D. An applicant for any original certificate of public convenience and necessity issued under this chapter, or any request for a transfer of such certificate of public convenience and necessity, shall cause a publication of a summary of the application to be made in a newspaper having a general circulation in the proposed area to be served or area where the primary business office is located within such time as the Department may prescribe.

2001, c. 596; 2002, c. 870; 2011, cc. 881, 889; 2012, cc. 22, 111; 2013, cc. 165, 582; 2015, cc. 2, 3; 2017, cc. 694, 708.

§ 46.2-2002. Repealed.

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 for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applicant has received 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. Aggrieved parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's interest and how the party could be aggrieved if the application were granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) a statement of the specific relief sought; (iv) the case number assigned to the application; and (v) a certification that a copy of the protest was sent to the applicant.

B. The Department may act upon any application required under this chapter for a license or certificate of fitness without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.

C. Any applicant denied without a hearing an original license, permit, or certificate under subsection A or B of this section or subsection B of § 46.2-2001.1, or any request for a transfer of such a license or certificate, shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant's written request for such hearing made within 30 days of denial.

Code 1950, § 56-279; 1995, cc. 744, 803; 2001, c. 596; 2002, cc. 681, 734, 870; 2011, cc. 424, 881, 889; 2013, cc. 165, 582.

§ 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, permit, or certificate to the applicant, subject to such terms, limitations, and restrictions as the Department may deem proper.

2001, c. 596.

§ 46.2-2006. Repealed.

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, character, fitness, financial responsibility, and compliance with the requirements of this chapter.

Code 1950, § 56-282; 1979, c. 609; 1995, cc. 744, 803; 2001, c. 596.

§ 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 carriers are unable to perform the service, or within a territory having no certificated carrier, the Department may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a carrier that would otherwise be required to obtain a certificate under this chapter. Such temporary authority, unless suspended or revoked in accordance with § 46.2-2011.26, shall be valid for such time as the Department shall specify, but for not more than an aggregate of 180 days, and shall create no presumption that corresponding permanent authority will be granted thereafter.

1996, c. 170; 2001, c. 596.

§ 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 a proper registration card or identification marker for not more than ten days.

2001, c. 596.

§ 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 Department, the periods may be adjusted as necessary. Such licenses, permits, and certificates shall expire if not renewed annually. Such expiration shall be effective thirty days after the Department has provided the licensee, permittee, or certificate holder notice of non-renewal. If the license, permit, or certificate is renewed within thirty days after notice of non-renewal, then the license, permit, or certificate shall not expire.

2001, c. 596.

§ 46.2-2011.4. Conversion of contract bus certificates.

All contract bus carriers that hold a certificate issued prior to July 1, 2012, shall be issued a replacement certificate of fitness as a contract passenger carrier. The holder of such certificate shall not be required to apply for a replacement certificate.

2001, c. 596; 2002, c. 861; 2011, cc. 881, 889; 2012, cc. 22, 111.

§ 46.2-2011.5. Filing and application fees.

A. Unless otherwise provided, every applicant, other than a transportation network company, for an original license, permit, or certificate issued under this chapter and transfer of a license or certificate under the provisions of this chapter shall, upon the filing of an application, deposit with the Department, as a filing fee, a sum in the amount of $50.

B. An applicant for a certificate under § 46.2-2099.45 shall elect and remit to the Department one of the following fees:

1. An annual fee of $100,000 to accompany an application for an original certificate or a fee of $60,000 to accompany an application for renewal thereof; or

2. A fee of $20 per report to accompany payment for each driving history research report the applicant obtains from the Department pursuant to subdivision B 2 of § 46.2-2099.49, which fee shall be in addition to any other fees that are authorized for such reports.

A transportation network company may change its election under this subsection when applying for renewal of its certificate.

If the Department does not approve an application for an original certificate, the Department shall refund to the applicant $90,000 of the application fee paid under subdivision 1.

C. The Department shall collect a fee of $3 for the issuance of a duplicate license, permit, or certificate issued under this chapter.

2001, c. 596; 2015, cc. 2, 3; 2017, cc. 74, 126.

§ 46.2-2011.6. Vehicle fees.

Every person, other than a TNC partner, who operates a passenger vehicle for compensation over the highways of the Commonwealth, unless such operation is exempted from this chapter, shall be required to pay an annual fee of $3 for each such vehicle so operated, unless a vehicle identification marker fee has been paid to the Department as to such vehicle for the current year under the provisions of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1. Such fee shall be paid through the single state registration system established pursuant to 49 U.S.C. § 14504 and 49 C.F.R. Part 367 or through the unified carrier registration system established pursuant to 49 U.S.C. § 14504a and the federal regulations promulgated thereunder for carriers registered pursuant to those provisions. No more than one vehicle fee shall be charged or paid as to any vehicle in any one year under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 and this chapter, including payments made pursuant to the single state registration system or the unified carrier registration system.

2001, c. 596; 2003, c. 322; 2006, c. 208; 2015, cc. 2, 3.

§ 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 as the Department may place on such certificate.

2001, c. 596.

§ 46.2-2011.8. Transfers of certificates of public convenience and necessity.

Any certificate of public convenience and necessity issued under this chapter may be transferred, subject to the approval of the Department, and under such reasonable rules and regulations as may be prescribed by the Department. An application for such approval shall be made jointly by the transferor and transferee. The transfer of a certificate of public convenience and necessity can only be made upon a satisfactory showing that such purchaser or transferee can and will comply with the applicable motor carrier or broker laws, rules and regulations of the Department, is fit, willing and able to properly perform the services, and all taxes due the Commonwealth have been paid, or payment guaranteed.

2001, c. 596; 2011, cc. 881, 889; 2012, cc. 22, 111.

§ 46.2-2011.9. Bond and letter of credit requirements.

A. Every applicant for an original certificate under this chapter shall obtain and file with the Department, along with the application, a surety bond or an irrevocable letter of credit, in addition to any other bond or letter of credit required by law, in the amount of $25,000, which shall remain in effect for the first three years of licensure. The bond or letter of credit shall be in a form and content acceptable to the Department. The bond or letter of credit shall be conditioned on a statement by the applicant that the applicant will not practice fraud, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant's business. The Department may, without holding a hearing, suspend the certificate during the period that the certificate holder does not have a sufficient bond or letter of credit on file.

B. Every applicant for an original license pursuant to this chapter shall obtain and file with the Department, along with the application, a surety bond or an irrevocable letter of credit, in addition to any other bond or letter of credit required by law, in the amount of $25,000. The bond or letter of credit shall be in a form and content acceptable to the Department. The bond or letter of credit shall be conditioned on a statement by the applicant that the applicant will not practice fraud, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant's business. The Department may, without holding a hearing, suspend the license during the period that the licensee does not have a sufficient bond or letter of credit on file.

C. If a person suffers any of the following: (i) loss or damage in connection with the transportation service by reason of fraud practiced on him or fraudulent representation made to him by a licensee or certificate holder or his agent or employee acting within the scope of employment; (ii) loss or damage by reason of a violation by a licensee or certificate holder or his agent or employee of any provision of this chapter in connection with the transportation service; or (iii) loss or damage resulting from a breach of a contract entered into on or after the effective date of this act, that person shall have a claim against the licensee or certificate holder's bond or letter of credit, and may recover from such bond or letter of credit the amount awarded to such person by final judgment of a court of competent jurisdiction against the licensee or certificate holder as a result of such loss or damage up to, but not exceeding, the amount of the bond or letter of credit.

D. The licensee or certificate holder's surety shall notify the Department when a claim is made against a licensee or certificate holder's bond, when a claim is paid and when the bond is canceled. Such notification shall include the amount of a claim and the circumstances surrounding the claim. Notification of cancellation shall include the effective date and reason for cancellation.

E. The surety on any bond filed by a licensee or certificate holder shall be released and discharged from all liability accruing on such bond after the expiration of 60 days from the date on which the surety files with the Department a written request to be released and discharged. Such request shall not operate to relieve, release or discharge the surety from any liability already accrued or which shall accrue before the expiration of the 60-day period.

2001, c. 596; 2013, cc. 165, 582.

§ 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 certificate as provided in this chapter. Whenever any licensee, permittee, or certificate holder places an advertisement in any newspaper or publication advertising a transportation service, there shall appear within such advertisement the license, permit, or certificate number. If multiple licenses, permits, or certificates are held, only one number must appear.

B. It shall be unlawful for any licensee, permittee, or certificate holder to knowingly advertise by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a license, permit, or certificate is held.

C. The requirement of subsection A of this section to include a license, permit, or certificate number in advertisements shall not apply to excursion train operators.

2001, c. 596; 2002, c. 861.

§ 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 applicant, where a substantial portion of the activity of the motor carrier, TNC broker, or broker business will be routinely conducted and that:

1. Satisfies all applicable local zoning regulations;

2. Houses all records that the motor carrier, TNC broker, or broker is required to maintain by this chapter or by regulations promulgated pursuant to this chapter; and

3. Is equipped with a working telephone listed or advertised in the name of the motor carrier, TNC broker, or broker.

B. Every licensee and certificate holder shall maintain an established place of business in accordance with subsection A of this section and keep on file a physical address with the Department. Every licensee and certificate holder shall inform the Department by certified letter or other manner prescribed by the Department of any changes to the motor carrier, TNC broker, or broker's mailing address, physical location, telephone number, and legal status, legal name of company, or trade name of company within 30 days of such change.

C. Any licensee or certificate holder that relocates his established place of business shall confirm to the Department that the new established place of business conforms to the requirements of subsection A.

2001, c. 596; 2012, cc. 22, 111; 2013, cc. 165, 582; 2017, c. 635.

§ 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 passengers the baggage of passengers.

2001, c. 596.

§ 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 freedom of motion to the driver for proper operation of the vehicle.

2. Unobstructed passage to regular and emergency exits by any person.

3. Adequate protection from personal injury that may result from the displacement or fall of such articles.

2001, c. 596.

§ 46.2-2011.14. Notice of abandonment of service.

Every motor carrier, TNC broker, broker, or excursion train operator who ceases operation or abandons his rights under a license, certificate, or permit issued shall notify the Department within 30 days of such cessation or abandonment.

2001, c. 596; 2002, c. 861; 2017, c. 635.

§ 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 of traffic, confirming or modifying the action of the Department, fails to refund in the manner and within the time prescribed in the notice of the Department all amounts that the appealing carrier or broker may have collected, pending the appeal, in excess of that authorized by such final decision, upon notice to such carrier or broker by the Department of such final decision, then the Department, after thirty days' notice to any such carrier or broker, may, unless the amount required by such final decision is paid to the Department, seek judgment in the name of the Commonwealth, for the use of the persons, firms and corporations entitled to the same, against any such carrier or broker for the aggregate amount of such collections and for costs, and may enforce the amount of such judgment and costs by process of execution, as provided by law. The Department shall, upon the collection of such judgment, forthwith distribute the amount thereof among the parties entitled thereto, respectively, in such manner as it may by its rules or regulations prescribe, and shall, upon the payment or collection of any such judgment, mark the same satisfied upon its records, and have the same entered satisfied on the judgment lien docket of the court where the same may have been docketed; the satisfaction of any such judgment shall be a bar to any further action or recovery against any such carrier or broker to the extent of such recovery.

2001, c. 596; 2002, c. 861.

§ 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 the provisions of this chapter; to prescribe the manner and form in which such reports shall be made; and to require from such carriers specific answers to all questions upon which the Department may deem information to be necessary. Such reports shall be under oath whenever the Department so requires. The Department may also require any motor carrier to file with it a true copy of each or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to the provisions of this chapter.

B. The Department may, in its discretion, prescribe (i) the forms of any and all accounts, records, and memoranda to be kept by motor carriers and (ii) the length of time such accounts, records, and memoranda shall be preserved, as well as of the receipts and expenditures of money. The Department or its employees shall at all times have access to all lands, buildings, or equipment of motor carriers used in connection with their operations and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept, or required to be kept, by motor carriers. The Department and its employees shall have authority to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept by such carriers. These provisions shall apply to receivers of carriers and to operating trustees and, to the extent deemed necessary by the Department, to persons having control, direct or indirect, over or affiliated with any motor carrier.

C. As used in this section the term "motor carriers" includes TNC brokers, brokers, and excursion train operators.

2001, c. 596; 2002, c. 861; 2017, c. 635.

§ 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 liability resulting from his negligence, whether or not he has complied with the requirements of this chapter.

2001, c. 596.

§ 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 permit the safe operation of a 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. 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 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 common carrier or restricted common carrier operating such vehicle shall be liable for damages in any court.

2001, c. 596.

§ 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 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 Commonwealth shall thereafter deny the offending person the right to operate the motor vehicle on the highways of the Commonwealth.

2001, c. 596.

§ 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) does not carry the proper registration and identification that this chapter requires, (ii) does not display an identification marker in such manner as is prescribed by the Department, or (iii) bears registration or identification markers of persons whose license, permit, or certificate issued by the Department has been canceled, revoked, or suspended or whose renewal thereof has been denied in accordance with this chapter.

2001, c. 596; 2015, cc. 2, 3; 2017, cc. 694, 708.

§ 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 other evidence of registration as required by this chapter shall be guilty of a Class 4 misdemeanor.

2. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification that this article requires or any motor vehicle that does not display (i) an identification marker in such manner as is prescribed by the Department or (ii) other identifying information 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 identification marker or other identification that 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 the Commonwealth any motor vehicle requiring registration from the Department under this title after such registration cards or identification markers have been revoked, canceled or suspended shall be guilty of a Class 3 misdemeanor.

B. The officer charging the violation under this section shall serve a citation on the operator 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 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.

2001, c. 596.

§ 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 certificate, permit, or license, for which a penalty is not otherwise herein provided, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $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. Any person, whether carrier, TNC broker, broker, or any officer, employee, agent, or representative thereof, or a TNC partner, who knowingly and willfully by any such means or otherwise fraudulently seeks to evade or defeat regulation as in this chapter 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. Any motor carrier, TNC broker, broker, or excursion train operator or any officer, agent, employee, or representative thereof, or a TNC partner, who willfully fails or refuses to make a report to the Department as required by this chapter or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the Department, or knowingly and willfully falsifies, destroys, mutilates, or alters any such report, account, record, or memorandum, or knowingly and willfully files any false report, account, record, or memorandum, is guilty of a misdemeanor and, upon conviction, be subject for each offense to a fine of not less than $100 and not more than $5,000.

2001, c. 596; 2002, c. 861; 2015, cc. 2, 3; 2017, c. 635.

§ 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 operating credentials as required by this chapter or other requirements in this Code regulating the operation of motor vehicles;

2. Failed to make any report required in this chapter;

3. Failed to pay any fee or tax properly assessed against him; or

4. Failed to comply with any provision of this chapter or lawful order, rule or regulation of the Department or any term or condition of any certificate, permit, or license.

Any such penalty shall be imposed by order; however, no order issued pursuant to this section shall become effective until the Department has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Instead of or in addition to imposing such penalty, the Department may suspend, revoke, or cancel any license, permit, certificate, registration card or identification marker issued pursuant to this title. If, in any such case, it appears that the defendant owes any fee or tax to the Commonwealth, the Department shall enter order therefor.

For the purposes of this section, each separate violation shall be subject to the civil penalty.

2001, c. 596; 2013, cc. 165, 582.

§ 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, where applicable:

1. Material misstatement or omission in application for license, certificate, permit, identification marker, or vehicle registration;

2. Failure to comply subsequent to receipt of a written warning from the Department or any willful failure to comply with a lawful order, any provision of this chapter or any regulation promulgated by the Department under this chapter, or any term, condition, or restriction of a license, permit, or certificate;

3. Failure to comply with zoning or other land use regulations, ordinances, or statutes;

4. Use of deceptive business acts or practices;

5. Knowingly advertising by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a license, certificate, permit, identification marker, or vehicle registration is held or sought;

6. Having been found, through a judicial or administrative hearing, to have committed fraudulent or deceptive acts in connection with the business for which a license, permit, or certificate is held or sought or any consumer-related fraud;

7. Having been convicted of any criminal act involving the business for which a license, permit, or certificate is held or sought;

8. Failure to comply with § 46.2-2056 or any regulation promulgated pursuant thereto;

9. Improper leasing, renting, lending, or otherwise allowing the improper use of a license, certificate, permit, identification marker, or vehicle registration;

10. Having been convicted of a felony;

11. Having been convicted of any misdemeanor involving lying, cheating, stealing, or moral turpitude;

12. Failure to submit to the Department any tax, fees, dues, fines, or penalties owed to the Department;

13. Failure to furnish the Department information, documentation, or records required or requested pursuant to statute or regulation;

14. Knowingly and willfully filing any false report, account, record, or memorandum;

15. Failure to meet or maintain application certifications or requirements of public convenience and necessity, character, fitness, and financial responsibility pursuant to this chapter;

16. Willfully altering or changing the appearance or wording of any license, permit, certificate, identification marker, license plate, or vehicle registration;

17. Failure to provide services in accordance with license, permit, or certificate terms, limitations, conditions, or requirements;

18. Failure to maintain and keep on file with the Department motor carrier liability insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth;

19. Failure to comply with the Workers' Compensation Act of Title 65.2;

20. Failure to properly register a motor vehicle under this title;

21. Failure to comply with any federal motor carrier statute, rule, or regulation;

22. Failure to comply with the requirements of the Americans with Disabilities Act or the Virginians with Disabilities Act (§ 51.5-1 et seq.);

23. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such certificate or permit for a period of greater than three months; or

24. Failure to comply with any provision regarding the filing and registered agent requirements set forth in Title 13.1.

2001, c. 596; 2013, cc. 165, 582; 2015, cc. 2, 3.

§ 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 by the Department that a licensee, permittee, or certificate holder failed to observe any of the provisions within this chapter, or any of the rules or regulations of the Department, or any term, condition, or limitation of such license, permit, or certificate.

2001, c. 596.

§ 46.2-2011.26. Suspension, revocation, and refusal to renew licenses, permits, or certificates; notice and hearing.

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 shall be suspended or revoked, or renewal thereof refused, unless the licensee, permittee, or certificate holder has been furnished a written copy of the complaint against him and the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.

B. The order suspending, revoking, or denying renewal of a license, permit, or certificate shall not become effective until the licensee, permittee, or certificate holder has, after notice of the opportunity for a hearing, had thirty days to make a written request for such a hearing. If no hearing has been requested within such thirty-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a license, permit, or certificate and an opportunity for a hearing shall be mailed to the licensee, permittee, or certificate holder by registered or certified mail at the address as shown on the license, permit, or certificate or other record of information in possession of the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a licensee, permittee, or certificate holder (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Department may issue an order suspending the license, permit, or certificate. Notice of the suspension shall be in writing and mailed in accordance with subsection C of this section. Upon receipt of a request for a hearing appealing the suspension, the licensee, permittee, or certificate holder shall be afforded the opportunity for a hearing within thirty days. The suspension shall remain in effect pending the outcome of the hearing.

2001, c. 596.

§ 46.2-2011.27. Basis for reinstatement of suspended licenses, permits, or certificates; reinstatement fees.

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 have been satisfied and the appropriate reinstatement fee and other applicable fees have been paid to the Department.

B. The reinstatement fee for suspensions issued pursuant to this chapter shall be fifty dollars. In the event multiple credentials have been suspended under this chapter for the same violation, only one reinstatement fee shall be applicable.

C. In addition to a reinstatement fee, a fee of $500 shall be paid for failure of a motor carrier to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter. Any motor carrier who applies for a new license, permit, or certificate because his prior license, permit, or certificate was revoked for failure to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter, shall also be subject to a fee of $500.

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

§ 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 chapter until the period of revocation imposed by the Department has passed. The Department shall process such applications under the same provisions, procedures, and requirements as an original application for such license, permit, or certificate. The Department shall issue such license, permit, or certificate provided the applicant has met all the appropriate qualifications and requirements, has satisfied the grounds upon which the revocation action was taken, and has paid the appropriate application or filing fees to the Department.

2001, c. 596.

§ 46.2-2011.29. Surrender of identification marker, license plate, and registration card; removal by law enforcement; operation of vehicle denied.

A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, permit, or certificate has expired or been revoked, suspended, or canceled or whose renewal thereof has been denied pursuant to this chapter to fail or refuse to surrender, on demand, to the Department license plates, identification markers, and registration cards issued under this title.

B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the Department on demand license plates, identification markers, and registration cards issued under this title.

C. If any law-enforcement officer finds that a vehicle bearing Virginia license plates or temporary transport plates is in violation of subsection A or B, such law-enforcement officer may remove the license plate, identification marker, and registration card. If a law-enforcement officer removes a license plate, identification marker, or registration card, he shall forward the same to the Department.

D. When informed that a vehicle is being operated in violation of this section, the driver shall drive the vehicle to a nearby location off the public highways and not remove it or allow it to be moved until the motor carrier is in compliance with all provisions of this chapter.

2001, c. 596; 2015, cc. 2, 3, 258; 2017, cc. 694, 708.

§ 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 by law.

2001, c. 596.

§ 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.

§ 46.2-2011.33. Prohibition on taxicab operators; registered sex offender.

No person who is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 for a Tier III offense, as defined in § 9.1-902, or who is listed on the U.S. Department of Justice's National Sex Offender Public Website for an offense that is similar to a Tier III offense may operate a taxicab for the transportation of passengers for remuneration over the highways of the Commonwealth.

2019, c. 480; 2020, c. 829.

§ 46.2-2012. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

§ 46.2-2042. Repealed.

Repealed by Acts 2001, c. 137.

§ 46.2-2043. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Article 2. Insurance Requirements.

§ 46.2-2051. Application of article.

Unless otherwise stated, this article shall apply to all motor carriers except transportation network companies.

2001, c. 596; 2015, cc. 2, 3.

§ 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; amounts.

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 until the motor carrier certifies to the Department that the vehicle is covered by:

1. An insurance policy or bond;

2. A certificate of insurance in lieu of the insurance policy or bond, certifying that such policy or bond covers the liability of such motor carrier in accordance with the provisions of this article, is issued by an authorized insurer, or in the case of bonds, is in an amount approved by the Department. The bonds may be issued by the Commonwealth of Virginia, the United States of America, or any municipality in the Commonwealth. Such bonds shall be deposited with the State Treasurer and the surety shall not be reduced except in accordance with an order of the Department;

3. An unconditional letter of credit, issued by a bank doing business in Virginia, for an amount approved by the Department. The letter of credit shall be in effect so long as the motor carrier operates motor vehicles in the Commonwealth; or

4. In the case of a lessor who acts as a registrant for purposes of consolidating lessees' vehicle registration applications, a statement that the registrant has, before leasing a vehicle, obtained from the lessee an insurance policy, bond, or certificate of insurance in lieu of the insurance policy or bond and can make available said proof of insurance coverage upon demand.

Vehicles operated by carriers who have filed proof of financial responsibility in accordance with the single state registration system authorized by 49 U.S.C. § 14504 or the Unified Carrier Registration System authorized by 49 U.S.C. § 14504a are deemed to have fulfilled the requirements of this article for insurance purposes, provided there is on board the vehicle a copy of an insurance receipt issued pursuant to the federal regulations promulgated pursuant to 49 U.S.C. § 14504 or 14504a. The Department is further authorized to issue single state registration system or unified carrier registration system receipts to any qualified carrier as well as to collect and disperse the fees for and to qualified jurisdictions.

B. All motor carriers shall keep in force at all times insurance, a bond or bonds, in an amount required by this section. Except for taxicabs, the minimum financial responsibility requirements for motor carriers operating intrastate shall be based on the number of passengers a vehicle is designed or manufactured to transport, including the driver, and shall be as follows: one to six passengers -- $350,000; seven to 15 passengers -- $1,500,000; 16 or more passengers -- $5,000,000. All motor carriers operating exclusively taxicabs or other motor vehicles performing a taxicab service shall maintain liability insurance of at least $125,000.

C. The minimum insurance for motor carriers operating in interstate commerce shall equal the minimum required by federal law, rule, or regulation. Any motor carrier that meets the minimum federal financial responsibility requirements and also operates in intrastate commerce may submit, in lieu of a separate filing for its intrastate operation, proof of the minimum federal limits, provided that both interstate and intrastate operations are insured.

2001, c. 596; 2006, c. 208.

§ 46.2-2054. Policies or surety bonds to be filed with the Department and securities with State Treasurer.

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 the policy or bond shall remain in the files of the Department six months after the certificate, registration card, license plate, identification marker or permit is canceled for any cause. If federal, state, or municipal bonds are deposited with the State Treasurer in lieu of an insurance policy, the bonds shall remain deposited until six months after the registration card, license plate, certificate, permit or identification marker is canceled for any cause unless otherwise ordered by the Department.

B. The Department may, without holding a hearing, suspend a permit or certificate if the permittee or certificate holder fails to comply with the requirements of this section.

2001, c. 596.

§ 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 to any passenger or passengers and (ii) any and all injuries to persons and loss of or damage to property resulting from the negligent operation of any motor vehicle.

2001, c. 596.

§ 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 issued by and under the authority of the Department who, in lieu of filing an insurance policy, has deposited with the State Treasurer state, federal or municipal bonds or has filed an unconditional letter of credit issued by a bank. The failure of any such holder of a certificate or permit to comply with the provisions of § 38.2-510 shall be the cause for revocation or suspension of the certificate or permit.

2001, c. 596.

§ 46.2-2057. (Effective until January 1, 2022) 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 to the Department that the operator is a self-insurer under an ordinance of the city or county where the home office of the operator is located.

2001, c. 596.

§ 46.2-2057. (Effective January 1, 2022) Taxicab insurance required.

A. 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 to the Department that the operator is a self-insurer under an ordinance of the city or county where the home office of the operator is located or pursuant to § 46.2-368.

B. Any self-insurance protection subject to this section shall provide for protection against the uninsured or underinsured motorist to the extent required by § 38.2-2206. Notwithstanding § 38.2-2206 or any other provision of this title, protection against the uninsured or underinsured motorist shall be subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $25,000 because of bodily injury to or death of one person in any one accident; subject to the limit for one person, a limit of $50,000 because of bodily injury or death of two or more persons in any one accident; and a limit of $20,000 because of injury to or destruction of property of others in any one accident. Nothing herein shall preclude any self-insurer operator from purchasing or providing uninsured or underinsured motorist insurance coverage in an amount greater than required in this subsection. Such protection against uninsured and underinsured motorists shall be secondary coverage to any other valid and collectible insurance providing the same protection that is available to any person otherwise entitled to assert a claim to such protection by virtue of this section.

2001, c. 596; 2021, Sp. Sess. I, c. 273.

§ 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 where the home office of the operator is located, such operator shall not be required to obtain and keep on file with the Department insurance as required by law.

2001, c. 596.

Article 3. Taxicabs.

§ 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 in the Commonwealth outside the corporate limits of incorporated cities or towns without first obtaining from the Department a permit in accordance with the provisions of this chapter.

2001, c. 596.

§ 46.2-2059.1. Repealed.

Repealed by Acts 2017, c. 528, cl. 2, effective March 16, 2017.

§ 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 hold himself out by means of advertising, signs, trade names, or otherwise as an operator of a taxicab or other motor vehicle performing a taxicab service as defined by § 46.2-2000, unless he complies with the requirements of § 46.2-2059 and any county, city, or town ordinance adopted pursuant to § 46.2-2062. This statute, however, shall not preempt, supersede, or affect in any way the authority of the governing body of any county, city, or town to issue local ordinances under §§ 46.2-2062 through 46.2-2067.

2001, c. 596.

§ 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, c. 596.

§ 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 used for the transportation of passengers for a consideration on any highway, street, road, lane or alley in such county, city or town, and may prescribe such reasonable regulations as to filing of schedules of rates, charges and the general operation of such vehicles; provided that, notwithstanding anything contained in this chapter to the contrary, such ordinances and regulations shall not prescribe the wages or compensation to be paid to any driver or lessor of any such motor vehicle by the owner or lessee thereof.

B. In considering rates or charges pursuant to this section, or financial responsibility as provided by this chapter, the governing body may require the owner or operator to submit such supporting financial data as may be necessary, including federal or state income tax returns for the two years preceding, provided that the governing body shall not require any owner or operator to submit any audit more extensive than that conducted by such owner or operator in the normal course of business. Such financial data shall be used only for consideration of rates or charges, or to determine financial responsibility, and shall be kept confidential by the governing body to which it has been submitted. Nothing in this subsection shall make confidential any certificate of insurance, bond, letter of credit, or other certification that the owner or operator has met the requirements of this chapter or of any local ordinance with regard to financial responsibility.

C. Notwithstanding the provisions of § 3.2-5620, in the absence of any specifications, tolerances, and regulations for software-based taximeter technology published in the National Institute of Standards and Technology Handbook 44, any county, city, or town that has adopted an ordinance regulating taxicabs as provided in subsection A may authorize the use of software-based devices that utilize GPS or other measurement data in the calculation of time-and-distance fares for taxicab service.

2001, c. 596; 2007, c. 238; 2017, c. 528.

§ 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, firm, association, or corporation that operates or intends to operate in such county, city, or town any taxicab or other motor vehicle for the transportation of passengers for a consideration. The tax may be upon each such motor vehicle so operated. The governing body of the county, city, or town may by ordinance provide for levying and collecting the tax and may impose penalties for violations of the ordinance and for operating any such vehicle without obtaining the required license. Any person accepting a license issued under authority of this section and operating a taxicab business based in a county, city or town shall be subject to the provision that any complaint relating to taxicab service in the Commonwealth shall be resolved under the license regulations of the county, city, or town from which that person obtained a taxicab license.

2001, c. 596.

§ 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 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 operating as public carriers by authority of the Department of Motor Vehicles or under a franchise granted by any county, city, or town.

2001, c. 596.

§ 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 vehicle as they deem proper and may provide for the designation and allocation, by the sheriff or chief of police, of stands for such vehicles and the persons who may use the same.

2001, c. 596.

§ 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, lane or alley in any county, city or town who violates any of the provisions of this article or regulations of a governing body made pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $100 for the first offense and not more than $500 for each subsequent offense.

2001, c. 596.

§ 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 for the riding public in this Commonwealth; and in furtherance of this policy, it is recognized that it is essential that counties, cities and towns be granted the authority to reasonably regulate such taxicab service as to the number of operators and the number of vehicles that shall provide such service and regulations as to the rates or charges for such taxicab service, even though such regulations may have an anti-competitive effect on such service by limiting the number of operators and vehicles within a particular jurisdiction.

B. The governing body of any county, city, or town in the Commonwealth may regulate by ordinance and limit the number of taxicab operators and the number of taxicabs within its jurisdiction in order to provide safe and reliable privately operated taxicab service on any highway, street, road, lane or alley in such county, city, or town. The governing body may promulgate such reasonable regulations to further the provisions of this section including, but not limited to, minimum liability insurance requirements. However, such ordinances and regulations shall not prescribe the wages or compensation to be paid to any driver or lessor of any such motor vehicle by the owner or lessee thereof; nor shall such ordinances and regulations authorize the governing body to reduce the number of taxicabs permitted to be operated by a taxicab operator or a holder of a certificate issued under such ordinance, other than for non-use of such taxicabs or for cause as defined by such ordinance, including instances where there is a decrease in the demand for taxicab service. Further, such ordinances and regulations shall not impose (i) regulatory requirements concerning claims settlement practices beyond those imposed by § 46.2-2056 or (ii) financial requirements to qualify as a self-insurer beyond those imposed by § 46.2-2053 on any taxicab operator who, in lieu of filing an insurance policy or surety bond, has qualified as a self-insurer pursuant to § 46.2-2053 by depositing with the State Treasurer state, federal or municipal bonds or has filed an unconditional letter of credit issued by a bank. Nothing herein shall be construed to affect or control the authority of counties, cities or towns to set the amount, if any, of locally established liability insurance requirements that may be met by a program of self-insurance.

2001, c. 596; 2012, cc. 35, 105.

Article 4. Employee Haulers.

§ 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 Department a permit authorizing such operation.

2001, c. 596.

§ 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 the applicant (i) setting forth the names and locations of the factories, plants, offices or other places of like nature to and from which the applicant proposes to operate and (ii) stating that such applicant will transport only bona fide employees of such factories, plants, offices or like places to and from work.

2001, c. 596.

§ 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, plants, offices or other places of like nature specified at the time of application.

2001, c. 596.

Article 5. Nonprofit/Tax-Exempt Passenger Carriers.

§ 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 the Department a permit authorizing such operation.

2001, c. 596.

§ 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 common carrier holding a certificate of public convenience and necessity issued pursuant to this chapter.

2001, c. 596.

§ 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.

Article 6. Common Carriers.

§ 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, 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.

§ 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 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.

§ 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, 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.

§ 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 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.

§ 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 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.

§ 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 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.

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

2001, c. 596.

§ 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 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.

§ 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 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.

§ 46.2-2084. Repealed.

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

§ 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 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.

§ 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 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.

§ 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 carrier for its refusal to provide service.

2001, c. 596.

§ 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, 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.

§ 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 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.

§ 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 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.

§ 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 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.

§ 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, 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.

§ 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 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.

§ 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, 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.

§ 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 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.

Article 7. Contract Passenger Carriers.

§ 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 an intrastate basis unless such person has secured from the Department a certificate of fitness authorizing such business.

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

§ 46.2-2097. Repealed.

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

§ 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 that enforcement of statutes and Department regulations shall be not only by the Department, but also by the Department of State Police and local law-enforcement agencies. Nothing in this section shall be construed as authorizing the adoption of local ordinances providing for local regulation of contract passenger carriers.

2001, c. 596.

§ 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 basis except in accordance with the provisions of this chapter. There shall be no commingling of unrelated passengers by use of a contract between a contract passenger carrier and a licensed broker for the transportation of passengers by motor vehicles.

2001, c. 596.

§ 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 one person for an agreed charge for such movement regardless of the number of passengers transported. Contract passenger carriers shall, prior to and at all times when providing compensated service, carry in each motor vehicle a trip sheet, contract order, or wireless text dispatching device identifying the names of the passengers who have arranged for use of the motor vehicle, the date and approximate time of pickup, and the origin and destination. Such trip sheet, contract order, or wireless text dispatching device shall be made available immediately upon request to authorized representatives of the Department, law-enforcement agencies, and airport authorities. Trip sheets, contract orders, or documentation produced by wireless text dispatching devices shall be retained and available for inspection at the carrier's place of business for a period of at least three years. Trip sheets, contract orders, or documentation may be retained (i) in the form of paper records; (ii) by microfilm, microfiche, similar microphotographic process; or (iii) by electronic means. The fact that a contract passenger carrier stations a motor vehicle at an airport, in front of or across the street from a hotel or motel, or within 100 feet of a recognized taxicab stand shall constitute prima facie evidence that the contract passenger carrier is operating in violation of this section, unless the carrier has (i) a completed trip sheet, contract order, or wireless text dispatching device displaying the information required by this section in the vehicle or (ii) a written agreement with an airport authority or hotel or motel owner providing office space devoted to the carrier's business in the airport, hotel, or motel. Any violation of this section shall be punishable as a Class 3 misdemeanor.

2001, c. 596; 2006, c. 449.

Article 8. Contract Bus Carriers.

§ 46.2-2099.2. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

Article 9. Sight-Seeing Carriers.

§ 46.2-2099.4. Required certificate of fitness.

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 Department a certificate of fitness authorizing such operation.

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

§ 46.2-2099.5. Specific service and route requirements.

A sight-seeing carrier shall transport passengers from a specific point or points of origin over regular routes to specific points of interest and back to the point or points of origin. Each passenger shall be issued a ticket on which shall be printed the points of interest and the fare charged for the round trip. Passengers shall be transported only on round trips without stopover privileges, and no part of a fare shall be refunded because of a passenger's refusal to complete the round trip.

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

§ 46.2-2099.6. Repealed.

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

§ 46.2-2099.7. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 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 provide service.

2001, c. 596.

§ 46.2-2099.12. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

Article 10. Brokers.

§ 46.2-2099.17. Regulation of brokers.

The Department shall regulate TNC brokers and brokers and make and enforce reasonable requirements respecting their licenses, financial responsibility, accounts, records, reports, operations, and practices.

2001, c. 596; 2017, c. 635.

§ 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, 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 TNC broker's license or broker's license issued by the Department to engage in such transactions. However, the provisions of this section shall not apply to (i) 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 (ii) persons operating bed and breakfast establishments, provided that their broker service is provided only to guests of such bed and breakfast establishment.

For the purposes of this section, "bed and breakfast establishment" means any establishment (a) having no more than 15 bedrooms; (b) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (c) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided.

2001, c. 596; 2017, c. 635; 2018, c. 435.

§ 46.2-2099.19. Broker's license not substitute for other certificates or permits required.

No person who holds a TNC broker's license or broker's license under this article shall engage in transportation subject to this chapter unless he holds a certificate or permit as provided in this chapter. In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for such transportation, it shall be unlawful for a broker to employ any carrier by motor vehicle who is not the lawful holder of an effective certificate or permit issued as provided in this chapter or when such certificate or permit does not authorize the carrier to perform the service being acquired.

A person holding a broker's license shall obtain and maintain a copy of the certificate of public convenience and necessity issued to those carriers through which the broker arranges transportation services. A person holding a TNC broker's license shall obtain and maintain a copy of the credential issued by the transportation network company pursuant to subsection H of § 46.2-2099.48 to those TNC partners through which the broker arranges transportation services.

A person holding a TNC broker's license shall, for each TNC partner for whom it arranges transportation, either:

1. Verify that a TNC partner meets all requirements set forth in §§ 46.2-2099.49 and 46.2-2099.50 and obtain all documentation that a transportation network company is required to obtain pursuant to those sections; or

2. Obtain a certification from the transportation network company that authorized the TNC partner that the TNC partner has satisfied all requirements set forth in §§ 46.2-2099.49 and 46.2-2099.50.

2001, c. 596; 2013, cc. 165, 582; 2017, c. 635.

§ 46.2-2099.19:1. TNC broker insurance.

A. A TNC broker shall ensure that any TNC partner with whom it arranges transportation that will be provided pursuant to Article 15 (§ 46.2-2099.45 et seq.) has or is provided with TNC broker insurance as provided in this section. TNC broker insurance shall be in effect from the moment a TNC partner is en route to a passenger pursuant to arrangements made by a TNC broker and end when the TNC partner logs on to the transportation network company's digital platform or when the transportation arranged by the TNC broker has been canceled.

B. TNC broker insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and shall provide liability coverage of at least $1 million for death, bodily injury, and property damage.

C. The requirements for the coverage required by this section may be satisfied by any of the following:

1. TNC broker insurance maintained by a TNC partner;

2. TNC broker insurance maintained by a TNC broker that provides coverage in the event that a TNC partner's insurance policy under subdivision 1 has ceased to exist or has been canceled or in the event that the TNC partner does not otherwise maintain TNC broker insurance; or

3. Any combination of subdivisions 1 and 2.

A TNC broker may meet its obligations under this subsection through a policy obtained by a TNC partner pursuant to subdivision 1 or 3 only if the TNC broker verifies that a policy is maintained by the TNC partner and such policy is specifically written to cover the TNC partner's use of a vehicle in connection with a TNC broker.

D. In every instance where the TNC broker insurance maintained by a TNC partner to fulfill the insurance obligations of this section has lapsed or ceased to exist, the TNC broker shall provide the coverage required by this section beginning with the first dollar of a claim.

E. This section shall not limit the liability of a TNC broker arising out of an accident involving a TNC partner in any action for damages against a TNC broker for an amount above the required insurance coverage.

F. Any person, or attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a TNC partner vehicle driven by a TNC partner in connection with a TNC broker and who provides the TNC broker with the date, approximate time, and location of the accident, the name of the TNC partner, if available, and the accident report, if available, may request in writing from the TNC broker information relating to the insurance coverage and the company providing the coverage. The TNC broker shall respond electronically or in writing within 30 days. The TNC broker's response shall contain the following information: (i) the pick-up time of any transportation that the TNC broker had arranged to be provided by the TNC partner within three hours of the automobile accident, (ii) the distance between the site of the automobile accident and the pick-up location, (iii) the name of the insurance carrier providing primary coverage, and (iv) the identity and last known address of the TNC partner.

G. No contract, receipt, rule, or regulation shall exempt any TNC broker from the liability that would exist had no contract been made or entered into, and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such TNC broker shall be valid. The liability referred to in this subsection shall mean the liability imposed by law upon a TNC broker for any loss, damage, or injury to passengers.

H. Any insurance required by this section may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in § 38.2-4805.2.

I. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period beginning when such vehicle is en route to a passenger pursuant to arrangements made by a TNC broker and ending when the TNC partner logs on to the transportation network company's digital platform or when the transportation arranged by the TNC broker has been canceled.

J. The Department shall not issue a TNC broker's license to any TNC broker that has not certified to the Department that it will ensure that every TNC partner vehicle for which it arranges transportation will be covered by an insurance policy that meets the requirements of this section.

K. Each TNC broker shall keep on file with the Department proof of an insurance policy maintained by the TNC broker in accordance with subsection C. Such proof shall be in a form acceptable to the Commissioner. A record of the policy shall remain in the files of the Department six months after the license is revoked or suspended for any cause.

L. The Department may suspend a TNC broker license if the licensee fails to comply with the requirements of this section. Any person whose license has been suspended pursuant to this subsection may request a hearing as provided in subsection D of § 46.2-2011.26.

M. In a claims coverage investigation, a TNC broker and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the dates and times of any accident involving a TNC partner and information regarding transportation arranged by it to be provided by the TNC partner through the TNC broker within three hours of the automobile accident.

N. A TNC broker shall indemnify, defend, and hold harmless a transportation network company whose digital platform facilitated the prearranged ride from and against any and all claims, actions, damages, liabilities, and judgments, and losses, costs, fees, penalties, and expenses, including attorney fees, with respect to any claim arising out of or related to an act or omission that occurred in connection with a trip arranged by a TNC broker (i) while a TNC partner is en route to begin a prearranged ride or (ii) during a trip performed in violation of subsection A of § 46.2-2099.48 and facilitated through the TNC broker's digital platform.

2017, c. 635.

Article 11. Sight-Seeing Carriers By Boat and Special or Charter Party Carriers By Boat.

§ 46.2-2099.20. Repealed.

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 (i) an approved passenger capacity of twenty-five or less persons and (ii) are operated as special or charter parties under this chapter; or

3. The City of Hampton when acting as a sight-seeing carrier by boat or special or charter party carrier by boat.

2001, c. 596; 2007, c. 813.

§ 46.2-2099.22. Repealed.

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 and indemnity insurance in an amount not less than $500,000 for bodily injury and property damage.

2001, c. 596; 2002, c. 861.

Article 12. Motor Carriers By Launch.

§ 46.2-2099.31. Repealed.

Repealed by Acts 2002, c. 861.

Article 13. Excursion Trains.

§ 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 Department determines that the applicant will operate a passenger train that:

1. Is primarily used for tourism or public service; and

2. Leads to the promotion of the tourist industry in the Commonwealth.

B. An application for certification shall include:

1. The name and address of each person who owns an interest of at least 10 percent of the excursion train operation;

2. An address in the Commonwealth where the excursion train is based;

3. An operations plan, including the route to be used and a schedule of operations and stops along the route; and

4. Evidence of insurance that meets the requirements of subsection C.

C. The Department shall not certify to a person under subsection A unless the person files with the Department evidence of insurance providing coverage of liability resulting from injury to persons or damages to property in the amount of at least $10 million for the operation of the train.

D. The Department shall not certify an applicant under subsection A if the applicant or any other person owning interest in the excursion train also owns or operates a regularly scheduled passenger train service with interstate connection.

2001, c. 596; 2003, c. 286; 2007, c. 813; 2016, c. 431.

§ 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 operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.

B. Any county, city, or town may by resolution determine that the provision of excursion train services within the locality promotes tourism and furthers other public purposes. Any railroad company that authorizes the operator of an excursion train to use its tracks and facilities for the purposes of this article shall not be liable for personal injury or wrongful death arising from the operation of such excursion train, including operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.

C. The limitation of liability under subsection B does not apply if:

1. The injury or damages result from intentional misconduct, malice, or gross negligence of the railroad company; or

2. The operator of the excursion train was not operating in accordance with the definition of an excursion train under this chapter and the railroad company had otherwise authorized the operations that were inconsistent with this chapter.

D. Each passenger on the excursion train shall be deemed to have accepted and consented to the limitation of liability under this section. This agreement shall be governed by the laws of the Commonwealth as the place of performance notwithstanding any choice of law rules to the contrary.

E. The railroad company may charge reasonable amounts to the operator of the excursion train for the use of its tracks and facilities as determined by agreement between the railroad company and the operator.

2001, c. 596; 2016, c. 431.

§ 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 WHICH OWNS THE TRACKS AND FACILITIES UPON WHICH THIS EXCURSION TRAIN OPERATES SHALL NOT BE LIABLE FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING FROM THE OPERATION OF THE EXCURSION TRAIN, INCLUDING OPERATIONS, MAINTENANCE, AND SIGNALIZATION OF THE TRACKS AND FACILITIES."

2. Post a notice near any passenger boarding area containing the same statement contained in subdivision 1, in letters that are at least two inches high.

2001, c. 596.

Article 14. Nonemergency Medical Transportation Carriers.

§ 46.2-2099.44. Certificate of fitness required.

No nonemergency medical transportation carrier, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from the Department a certificate of fitness authorizing such operation.

2011, cc. 881, 889.

Article 15. Transportation Network Companies.

§ 46.2-2099.45. Certificates required unless exempted.

Unless otherwise exempted, no person shall engage in the business of a transportation network company on any highway within the Commonwealth on an intrastate basis unless such person has secured from the Department a certificate of fitness authorizing such business.

2015, cc. 2, 3.

§ 46.2-2099.46. Control, supervision, and regulation by Department.

Except as otherwise provided in this chapter, every transportation network company, TNC partner, and TNC partner vehicle shall be subject to exclusive control, supervision, and regulation by the Department, but enforcement of statutes and Department regulations shall be not only by the Department but also by any other law-enforcement officer. Nothing in this section shall be construed as authorizing the adoption of local ordinances providing for local regulation of transportation network companies, TNC partners, or TNC partner vehicles.

2015, cc. 2, 3.

§ 46.2-2099.47. Operation except in accordance with chapter prohibited.

No transportation network company or TNC partner shall transport passengers for compensation on any highway in the Commonwealth on an intrastate basis except in accordance with the provisions of this chapter.

2015, cc. 2, 3.

§ 46.2-2099.48. General operational requirements for transportation network companies and TNC partner.

A. A transportation network company and a TNC partner shall provide passenger transportation only on a prearranged basis and only by means of a digital platform that enables passengers to connect with TNC partners using a TNC partner vehicle. No TNC partner shall transport a passenger unless a transportation network company has matched the TNC partner to that passenger through the digital platform. A TNC partner shall not provide transportation in any other manner. A TNC partner shall not solicit, accept, or arrange transportation except through a transportation network company's digital platform or through a TNC broker.

B. A transportation network company shall authorize collection of fares for transporting passengers solely through a digital platform. A TNC partner shall not accept payment of fares directly from a passenger or any other person prearranging a ride or by any means other than electronically via a digital platform.

C. A transportation network company with knowledge that a TNC partner has violated the provisions of subsection A or B shall remove the TNC partner from the transportation network company's digital platform for at least one year.

D. A transportation network company shall publish the following information on its public website and associated digital platform:

1. The method used to calculate fares or the applicable rates being charged and an option to receive an estimated fare;

2. Information about its TNC partner screening criteria, including a description of the offenses that the transportation network company will regard as grounds for disqualifying an individual from acting as a TNC partner;

3. The means for a passenger or other person to report a TNC partner reasonably suspected of operating a TNC partner vehicle under the influence of drugs or alcohol;

4. Information about the company's training and testing policies for TNC partners;

5. Information about the company's standards for TNC partner vehicles; and

6. A customer support telephone number or email address and instructions regarding any alternative methods for reporting a complaint.

E. A transportation network company shall associate a TNC partner with one or more personal vehicles and shall authorize a TNC partner to transport passengers only in a vehicle specifically associated with a TNC partner by the transportation network company. The transportation network company shall arrange transportation solely for previously associated TNC partners and TNC partner vehicles. A TNC partner shall not transport passengers except in a TNC partner vehicle associated with the TNC partner by the transportation network company.

F. A TNC partner shall carry at all times while operating a TNC partner vehicle proof of coverage under each in-force TNC insurance policy, which may be displayed as part of the digital platform, and each in-force personal automobile insurance policy covering the vehicle. The TNC partner shall present such proof of insurance upon request to the Commissioner, a law-enforcement officer, an airport owner and operator, an official of the Washington Metropolitan Area Transit Commission, or any person involved in an accident that occurs during the operation of a TNC partner vehicle. The transportation network company shall require the TNC partner's compliance with the provisions of this subsection.

G. Prior to a passenger's entering a TNC partner vehicle, a transportation network company shall provide through the digital platform to the person prearranging the ride the first name and a photograph of the TNC partner, the make and model of the TNC partner vehicle, and the license plate number of the TNC partner vehicle.

H. A transportation network company shall provide to each of its TNC partners a credential, which may be displayed as part of the digital platform, that includes the following information:

1. The name or logo of the transportation network company;

2. The name and a photograph of the TNC partner; and

3. The make, model, and license plate number of each TNC partner vehicle associated with the TNC partner and the state issuing each such license plate.

The TNC partner shall carry the credential at all times during the operation of a TNC partner vehicle and shall present the credential upon request to law-enforcement officers, airport owners and operators, officials of the Washington Metropolitan Area Transit Commission, or a passenger. The transportation network company shall require the TNC partner's compliance with this subsection.

I. A transportation network company and its TNC partner shall, at all times during a prearranged ride, make the following information available through its digital platform immediately upon request to representatives of the Department, to law-enforcement officers, to officials of the Washington Metropolitan Area Transit Commission, and to airport owners and operators:

1. The name of the transportation network company;

2. The name of the TNC partner and the identification number issued to the TNC partner by the transportation network company;

3. The license plate number of the TNC partner vehicle and the state issuing such license plate; and

4. The location, date, and approximate time that each passenger was or will be picked up.

J. Upon completion of a prearranged ride, a transportation network company shall transmit to the person who prearranged the ride an electronic receipt that includes:

1. A map of the route taken;

2. The date and the times the trip began and ended;

3. The total fare, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride;

4. The TNC partner's first name and photograph; and

5. Contact information by which additional support may be obtained.

K. The transportation network company shall adopt and enforce a policy of nondiscrimination on the basis of a passenger's points of departure and destination and shall notify TNC partners of such policy.

TNC partners shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers.

A transportation network company shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange wheelchair-accessible service in a TNC partner vehicle in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

A transportation network company shall not impose additional charges for providing services to persons with disabilities because of those disabilities.

TNC partners shall comply with all applicable laws relating to accommodation of service animals.

A TNC partner may refuse to transport a passenger for any reason not prohibited by law, including any case in which (i) the passenger is acting in an unlawful, disorderly, or endangering manner; (ii) the passenger is unable to care for himself and is not in the charge of a responsible companion; or (iii) the TNC partner has already committed to providing a ride for another passenger.

A TNC partner shall immediately report to the transportation network company any refusal to transport a passenger after accepting a request to transport that passenger.

L. No transportation network company or TNC partner shall conduct any operation on the property of or into any airport unless such operation is authorized by the airport owner and operator and is in compliance with the rules and regulations of that airport. The Department may take action against a transportation network company that violates any regulation of an airport owner and operator, including the suspension or revocation of the transportation network company's certificate.

M. A TNC partner shall access and utilize a digital platform in a manner that is consistent with traffic laws of the Commonwealth.

N. In accordance with § 46.2-812, no TNC partner shall operate a motor vehicle for more than 13 hours in any 24-hour period.

2015, cc. 2, 3; 2017, c. 635.

§ 46.2-2099.49. Requirements for TNC partners; mandatory background screening; drug and alcohol policy; mandatory disclosures to TNC partners; duty of TNC partners to provide updated information to transportation network companies.

A. Before authorizing an individual to act as a TNC partner, a transportation network company shall confirm that the person is at least 21 years old and possesses a valid driver's license.

B. 1. Before authorizing an individual to act as a TNC partner, and at least once every two years after authorizing an individual to act as a TNC partner, a transportation network company shall obtain a national criminal history records check of that person. The background check shall include (i) a Multi-State/Multi-Jurisdiction Criminal Records Database Search or a search of a similar nationwide database with validation (primary source search) and (ii) a search of the Sex Offender and Crimes Against Minors Registry and the U.S. Department of Justice's National Sex Offender Public Website. The person conducting the background check shall be accredited by the National Association of Professional Background Screeners or a comparable entity approved by the Department.

2. Before authorizing an individual to act as a TNC partner, and at least once annually after authorizing an individual to act as a TNC partner, a transportation network company shall obtain and review a driving history research report on that person from the individual's state of licensure.

3. Before authorizing an individual to act as a TNC partner, and at least once every two years after authorizing a person to act as a TNC partner, a transportation network company shall verify that the person is not listed on the Sex Offender and Crimes Against Minors Registry or on the U.S. Department of Justice's National Sex Offender Public Website.

C. A transportation network company shall not authorize an individual to act as a TNC partner if the criminal history records check required under subsection B reveals that the individual:

1. Is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 or is listed on the U.S. Department of Justice's National Sex Offender Public Website;

2. Has ever been convicted of or has ever pled guilty or nolo contendere to a violent felony offense as listed in subsection C of § 17.1-805, or a substantially similar law of another state or of the United States;

3. Within the preceding seven years has been convicted of or has pled guilty or nolo contendere to any of the following offenses, either under Virginia law or a substantially similar law of another state or of the United States: (i) any felony offense other than those included in subdivision 2; (ii) an offense under § 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or (iii) any offense resulting in revocation of a driver's license pursuant to § 46.2-389 or 46.2-391; or

4. Within the preceding three years has been convicted of or has pled guilty or nolo contendere to any of the following offenses, either under Virginia law or a substantially similar law of another state or of the United States: (i) three or more moving violations; (ii) eluding a law-enforcement officer, as described in § 46.2-817; (iii) reckless driving, as described in Article 7 (§ 46.2-852 et seq.) of Chapter 8; (iv) operating a motor vehicle in violation of § 46.2-301; or (v) refusing to submit to a chemical test to determine the alcohol or drug content of the person's blood or breath, as described in § 18.2-268.3 or 46.2-341.26:3.

D. A transportation network company shall employ a zero-tolerance policy with respect to the use of drugs and alcohol by TNC partners and shall include a notice concerning the policy on its website and associated digital platform.

E. A transportation network company shall make the following disclosures in writing to a TNC partner or prospective TNC partner:

1. The transportation network company shall disclose the liability insurance coverage and limits of liability that the transportation network company provides while the TNC partner uses a vehicle in connection with the transportation network company's digital platform.

2. The transportation network company shall disclose any physical damage coverage provided by the transportation network company for damage to the vehicle used by the TNC partner in connection with the transportation network company's digital platform.

3. The transportation network company shall disclose the uninsured motorist and underinsured motorist coverage and policy limits provided by the transportation network company while the TNC partner uses a vehicle in connection with the transportation network company's digital platform and advise the TNC partner that the TNC partner's personal automobile insurance policy may not provide uninsured motorist and underinsured motorist coverage when the TNC partner uses a vehicle in connection with a transportation network company's digital platform.

4. The transportation network company shall include the following disclosure prominently in writing to a TNC partner or prospective TNC partner: "If the vehicle that you plan to use to transport passengers for our transportation network company has a lien against it, you must notify the lienholder that you will be using the vehicle for transportation services that may violate the terms of your contract with the lienholder."

F. A TNC partner shall inform each transportation network company that has authorized him to act as a TNC partner of any event that may disqualify him from continuing to act as a TNC partner, including any of the following: a change in the registration status of the TNC partner vehicle; the revocation, suspension, cancellation, or restriction of the TNC partner's driver's license; a change in the insurance coverage of the TNC partner vehicle; a motor vehicle moving violation; and a criminal arrest, plea, or conviction.

2015, cc. 2, 3; 2017, c. 623.

§ 46.2-2099.50. Requirements for TNC partner vehicles; trade dress issued by transportation network company.

A. A TNC partner vehicle shall:

1. Be a personal vehicle;

2. Have a seating capacity of no more than eight persons, including the driver;

3. Be validly titled and registered in the Commonwealth or in another state;

4. Not have been issued a certificate of title, either in Virginia or in any other state, branding the vehicle as salvage, nonrepairable, rebuilt, or any equivalent classification;

5. Have a valid Virginia safety inspection or an annual inspection conducted in another state for which the Department of State Police has determined that such motor vehicle safety inspection standards adequately ensure public safety and carry proof of that inspection on or in the vehicle; and

6. Be covered under a TNC insurance policy meeting the requirements of § 46.2-2099.51 or 46.2-2099.52, as applicable.

No TNC partner shall operate a TNC partner vehicle unless that vehicle meets the requirements of this subsection.

B. Before authorizing a vehicle to be used as a TNC partner vehicle, a transportation network company shall confirm that the vehicle meets the requirements of subsection A and shall provide each TNC partner with proof of any TNC insurance policy maintained by the transportation network company.

For each TNC partner vehicle it authorizes, a transportation network company shall issue trade dress to the TNC partner associated with that vehicle. The trade dress shall be sufficient to identify the transportation network company or digital platform with which the vehicle is affiliated and shall be displayed in a manner that complies with Virginia law. The trade dress shall be of such size, shape, and color as to be readily identifiable during daylight hours from a distance of 50 feet while the vehicle is not in motion and shall be reflective, illuminated, or otherwise patently visible in darkness. The trade dress may take the form of a removable device that meets the identification and visibility requirements of this subsection.

Notwithstanding any other provision of this title, a TNC partner vehicle may be equipped with no more than two removable, illuminated, interior, TNC-issued, trade dress devices that assist passengers in identifying and communicating with TNC partners. Such devices may use a single steady-burning color while the TNC partner is logged in to a transportation network company's associated digital platform and may change to a different steady-burning color once the TNC partner accepts a request to transport a passenger and is within 0.4 miles of such passenger. The illuminated display on each such device shall not (i) exceed five candlepower or 62.85 lumens; (ii) exceed 20 square inches; (iii) utilize red, blue, or amber lights; (iv) project a glaring or dazzling light; or (v) attach to the windshield.

The transportation network company shall submit to the Department proof that the transportation network company has established the trade dress required under this subsection by filing with the Department an illustration or photograph of the trade dress. Any TNC that issues an illuminated removable interior trade dress device for use in the Commonwealth shall file with the Department the specifications of such device, including the default color.

A TNC partner shall keep the trade dress issued under this subsection visible at all times while the vehicle is being operated as a TNC partner vehicle.

No person shall operate a vehicle bearing trade dress issued under this subsection without the authorization of the transportation network company issuing the trade dress.

2015, cc. 2, 3; 2017, cc. 694, 708; 2018, cc. 356, 443; 2020, c. 393.

§ 46.2-2099.51. TNC insurance until January 1, 2016.

A. Until January 1, 2016, at all times during the operation of a TNC partner vehicle, a transportation network company or TNC partner shall keep in force TNC insurance as provided in this section.

B. The following requirements shall apply to TNC insurance from the moment a TNC partner accepts a prearranged ride request on a transportation network company's digital platform until the TNC partner completes the transaction on the digital platform or until the prearranged ride is complete, whichever is later:

1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and the minimum amount of liability coverage for death, bodily injury, and property damage shall be $1 million.

2. TNC insurance shall provide uninsured motorist coverage and underinsured motorist coverage. Such coverage shall apply from the moment a passenger enters a TNC partner vehicle until the passenger exits the vehicle. The minimum amount of uninsured motorist coverage and underinsured motorist coverage for death, bodily injury, and property damage shall be $1 million.

3. The requirements of this subsection may be satisfied by any of the following:

a. TNC insurance maintained by a TNC partner;

b. TNC insurance maintained by a transportation network company; or

c. Any combination of subdivisions a and b.

A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner under subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner.

4. Insurers providing insurance coverage under this subsection shall have the exclusive duty to defend any liability claim, including any claim against a TNC partner, arising from an accident occurring within the time periods specified in this subsection. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall have the duty to defend or indemnify the TNC partner's activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage.

5. Coverage under a TNC insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim.

6. Nothing in this subsection shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall provide any coverage to the TNC partner, the vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage.

C. The following requirements shall apply to TNC insurance (i) from the moment a TNC partner logs on to a transportation network company's associated digital platform until the TNC partner accepts a request to transport a passenger and (ii) from the moment the TNC partner completes the transaction on the digital platform or the prearranged ride is complete, whichever is later, until the TNC partner either accepts another prearranged ride request on the digital platform or logs off the digital platform:

1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be secondary and shall provide liability coverage of at least $125,000 per person and $250,000 per incident for death and bodily injury and at least $50,000 for property damage.

2. The requirements for the coverage required by this subsection may be satisfied by any of the following:

a. TNC insurance maintained by a TNC partner;

b. TNC insurance maintained by a transportation network company that provides coverage in the event that a TNC partner's insurance policy under subdivision a has ceased to exist or has been canceled or in the event that the TNC partner does not otherwise maintain TNC insurance; or

c. Any combination of subdivisions a and b.

A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner pursuant to subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner and is specifically written to cover the TNC partner's use of a vehicle in connection with a transportation network company's digital platform.

3. If the TNC partner vehicle is insured under a personal automobile insurance policy that does not exclude coverage, then such policy shall provide primary coverage and an insurance policy maintained by the transportation network company under subdivision 2 c shall provide excess coverage up to at least the limits required by subdivision 1.

D. In the event that the digital platform becomes inaccessible due to failure or malfunction while a TNC partner is en route to or transporting a passenger during a prearranged ride described in subsection B, TNC insurance coverage shall be presumed to be that required in subdivision B 1 until the passenger exits the vehicle.

E. In every instance where TNC insurance maintained by a TNC partner to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.

F. This section shall not limit the liability of a transportation network company arising out of an accident involving a TNC partner in any action for damages against a transportation network company for an amount above the required insurance coverage.

G. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a TNC partner vehicle driven by a TNC partner in connection with a transportation network company and who provides the transportation network company with the date, approximate time, and location of the accident, and if available the name of the TNC partner and if available the accident report, may request in writing from the transportation network company information relating to the insurance coverage and the company providing the coverage. The transportation network company shall respond electronically or in writing within 30 days. The transportation network company's response shall contain the following information: (i) whether, at the approximate time of the accident, the TNC partner was logged into the transportation network company's digital platform and, if so logged in, whether a trip request had been accepted or a passenger was in the TNC partner vehicle; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the TNC partner.

H. No contract, receipt, rule, or regulation shall exempt any transportation network company from the liability that would exist had no contract been made or entered into, and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such transportation network company shall be valid. The liability referred to in this subsection shall mean the liability imposed by law upon a transportation network company for any loss, damage, or injury to passengers in its custody and care as a transportation network company.

I. Any insurance required by this section may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in § 38.2-4805.2.

J. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated as a TNC partner vehicle.

K. The Department shall not issue the certificate of fitness required under § 46.2-2099.45 to any transportation network company that has not certified to the Department that every TNC partner vehicle it has authorized to operate on its digital platform is covered by an insurance policy that meets the requirements of this section.

L. Each transportation network company shall keep on file with the Department proof of an insurance policy maintained by the transportation network company in accordance with this section. Such proof shall be in a form acceptable to the Commissioner. A record of the policy shall remain in the files of the Department six months after the certificate is suspended or revoked for any cause.

M. The Department may suspend a certificate if the certificate holder fails to comply with the requirements of this section. Any person whose certificate has been suspended pursuant to this subsection may request a hearing as provided in subsection D of § 46.2-2011.26.

N. In a claims coverage investigation, a transportation network company and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the dates and times of any accident involving a TNC partner and the precise times that the TNC partner logged in and was logged out of the transportation network company's digital platform.

2015, cc. 2, 3.

§ 46.2-2099.52. TNC insurance.

A. On and after January 1, 2016, at all times during the operation of a TNC partner vehicle, a transportation network company or TNC partner shall keep in force TNC insurance as provided in this section.

B. The following requirements shall apply to TNC insurance from the moment a TNC partner accepts a prearranged ride request on a transportation network company's digital platform until the TNC partner completes the transaction on the digital platform or until the prearranged ride is complete, whichever is later:

1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and the minimum amount of liability coverage for death, bodily injury, and property damage shall be $1 million.

2. TNC insurance shall provide uninsured motorist coverage and underinsured motorist coverage. Such coverage shall apply from the moment a passenger enters a TNC partner vehicle until the passenger exits the vehicle. The minimum amount of uninsured motorist coverage and underinsured motorist coverage for death, bodily injury, and property damage shall be $1 million.

3. The requirements of this subsection may be satisfied by any of the following:

a. TNC insurance maintained by a TNC partner;

b. TNC insurance maintained by a transportation network company; or

c. Any combination of subdivisions a and b.

A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner under subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner.

4. Insurers providing insurance coverage under this subsection shall have the exclusive duty to defend any liability claim, including any claim against a TNC partner, arising from an accident occurring within the time periods specified in this subsection. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall have the duty to defend or indemnify the TNC partner's activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage.

5. Coverage under a TNC insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim.

6. Nothing in this subsection shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall provide any coverage to the TNC partner, the vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage.

C. The following requirements shall apply to TNC insurance (i) from the moment a TNC partner logs on to a transportation network company's associated digital platform until the TNC partner accepts a request to transport a passenger and (ii) from the moment the TNC partner completes the transaction on the digital platform or the prearranged ride is complete, whichever is later, until the TNC partner either accepts another prearranged ride request on the digital platform or logs off the digital platform:

1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and shall provide liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and at least $25,000 for property damage.

2. The requirements for the coverage required by this subsection may be satisfied by any of the following:

a. TNC insurance maintained by a TNC partner;

b. TNC insurance maintained by a transportation network company that provides coverage in the event that a TNC partner's insurance policy under subdivision a has ceased to exist or has been canceled or in the event that the TNC partner does not otherwise maintain TNC insurance; or

c. Any combination of subdivisions a and b.

A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner pursuant to subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner and is specifically written to cover the TNC partner's use of a vehicle in connection with a transportation network company's digital platform.

D. In the event that the digital platform becomes inaccessible due to failure or malfunction while a TNC partner is en route to or transporting a passenger during a prearranged ride described in subsection B, TNC insurance coverage shall be presumed to be that required in subdivision B 1 until the passenger exits the vehicle.

E. In every instance where TNC insurance maintained by a TNC partner to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.

F. This section shall not limit the liability of a transportation network company arising out of an accident involving a TNC partner in any action for damages against a transportation network company for an amount above the required insurance coverage.

G. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a TNC partner vehicle driven by a TNC partner in connection with a transportation network company and who provides the transportation network company with the date, approximate time, and location of the accident, and if available the name of the TNC partner and if available the accident report, may request in writing from the transportation network company information relating to the insurance coverage and the company providing the coverage. The transportation network company shall respond electronically or in writing within 30 days. The transportation network company's response shall contain the following information: (i) whether, at the approximate time of the accident, the TNC partner was logged into the transportation network company's digital platform and, if so logged in, whether a trip request had been accepted or a passenger was in the TNC partner vehicle; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the TNC partner.

H. No contract, receipt, rule, or regulation shall exempt any transportation network company from the liability that would exist had no contract been made or entered into, and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such transportation network company shall be valid. The liability referred to in this subsection shall mean the liability imposed by law upon a transportation network company for any loss, damage, or injury to passengers in its custody and care as a transportation network company.

I. Any insurance required by this section may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in § 38.2-4805.2.

J. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated as a TNC partner vehicle.

K. The Department shall not issue the certificate of fitness required under § 46.2-2099.45 to any transportation network company that has not certified to the Department that every TNC partner vehicle it has authorized to operate on its digital platform is covered by an insurance policy that meets the requirements of this section.

L. Each transportation network company shall keep on file with the Department proof of an insurance policy maintained by the transportation network company in accordance with this section. Such proof shall be in a form acceptable to the Commissioner. A record of the policy shall remain in the files of the Department six months after the certificate is revoked or suspended for any cause.

M. The Department may suspend a certificate if the certificate holder fails to comply with the requirements of this section. Any person whose certificate has been suspended pursuant to this subsection may request a hearing as provided in subsection D of § 46.2-2011.26.

N. In a claims coverage investigation, a transportation network company and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the dates and times of any accident involving a TNC partner and the precise times that the TNC partner logged in and was logged out of the transportation network company's digital platform.

2015, cc. 2, 3.

§ 46.2-2099.53. Recordkeeping and reporting requirements for transportation network companies.

A. Records maintained by a transportation network company shall be adequate to confirm compliance with subsection D of § 46.2-2099.48 and with §§ 46.2-2099.49 and 46.2-2099.50 and shall at a minimum include:

1. True and accurate results of each national criminal history records check for each individual that the transportation network company authorizes to act as a TNC partner;

2. True and accurate results of the driving history research report for each individual that the transportation network company authorizes to act as a TNC partner;

3. Driver's license records of TNC partners, including records associated with participation in a driver record monitoring program;

4. True and accurate results of the sex offender screening for each individual that the transportation network company authorizes to act as a TNC partner;

5. Proof of compliance with the requirements enumerated in subdivisions A 1 and 3 through 6 of § 46.2-2099.50;

6. Proof of compliance with the notice and disclosure requirements of subsection D of § 46.2-2099.48 and subsections D and E of § 46.2-2099.49; and

7. Proof that the transportation network company obtained certification from the TNC partner that the TNC partner secured the consent of each owner, lessor, and lessee of the vehicle for its registration as a TNC partner vehicle and for its use as a TNC partner vehicle by the TNC partner.

A transportation network company shall retain all records required under this subsection for a period of three years. Such records shall be retained in a manner that permits systematic retrieval and shall be made available to the Department in a format acceptable to the Commissioner for the purposes of conducting an audit on no more than an annual basis.

B. A transportation network company shall maintain the following records and make them available, in an acceptable format, on request to the Commissioner, a law-enforcement officer, an official of the Washington Metropolitan Area Transit Commission, or an airport owner and operator to investigate and resolve a complaint or respond to an incident:

1. Data regarding TNC partner activity while logged into the digital platform, including beginning and ending times and locations of each prearranged ride;

2. Records regarding any actions taken against a TNC partner;

3. Contracts or agreements between the transportation network company and its TNC partners;

4. Information identifying each TNC partner, including the TNC partner's name, date of birth, and driver's license number and the state issuing the license; and

5. Information identifying each TNC partner vehicle the transportation network company has authorized, including the vehicle's make, model, model year, vehicle identification number, and license plate number and the state issuing the license plate.

Requests for information pursuant to subdivision 2 or 3 shall be in writing.

C. Information obtained by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, or airport owners and operators pursuant to this section shall be considered privileged information and shall only be used by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, and airport owners and operators for purposes specified in subsection A or B. Such information shall not be subject to disclosure except on the written request of the Commissioner, a law-enforcement officer, an official of the Washington Metropolitan Area Transit Commission, or an airport owner and operator who requires such information for the purposes specified in subsection A or B.

D. Except as provided in subsection C, information obtained by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, or airport owners and operators pursuant to this section shall not be disclosed to anyone without the transportation network company's express written permission and shall not be subject to disclosure through a court order or through a third-party request submitted pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). This provision shall not be construed to mean that a person is denied the right to seek such information directly from a transportation network company during a court proceeding.

E. Except as required under this section, a transportation network company shall not disclose any personal information, as defined in § 2.2-3801, about a user of its digital platform unless:

1. The transportation network company obtains the user's consent to disclose the personal information;

2. The disclosure is necessary to comply with a legal obligation; or

3. The disclosure is necessary to protect or defend the terms and conditions for use of the service or to investigate violations of the terms and conditions.

This limitation regarding disclosure does not apply to the disclosure of aggregated user data or to information about the user that is not personal information as defined in § 2.2-3801.

2015, cc. 2, 3.

Chapter 21. Regulation of Property Carriers.

Article 1. Motor Carriers of Property -- Generally.

§ 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 not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a solely intrastate motor carrier, an insurer authorized to transact business in the Commonwealth.

"Certificate of fitness" means a certificate issued by the Department to certain "household goods carriers" under this chapter.

"Constructive weight" means a measurement of seven pounds per cubic foot of properly loaded van space.

"Department" means the Department of Motor Vehicles.

"Financial responsibility" means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter.

"Gross weight" means the weight of a truck after a shipment has been loaded.

"Highway" means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this Commonwealth, excluding the streets and alleys in towns and cities.

"Household goods" means personal effects and property used or to be used in a dwelling, when transported or arranged to be transported (i) between residences or (ii) between a residence and a storage facility with the intent to later transport to a residence. Transportation of such goods must be arranged and paid for by, or on behalf of, the householder.

"Household goods carrier" means a carrier who undertakes, whether directly or by a lease or other arrangement, to transport "household goods," as herein defined, by motor vehicle for compensation, on any highway in this Commonwealth, between two or more points in this Commonwealth, whether over regular or irregular routes.

"Interstate" means the transportation of property between states.

"Intrastate" means the transportation of property solely within a state.

"Motor carrier" means any person who undertakes whether directly or by a lease, to transport property, including household goods, as defined by this chapter, for compensation over the highways of the Commonwealth.

"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 property, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails.

"Net weight" means the tare weight subtracted from the gross weight.

"Permit" means a permit issued by the Department authorizing the transportation of property, excluding household goods transported for a distance greater than 30 road miles.

"Person" means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

"Property carrier" means any person, not herein exempted, who undertakes either directly or by a lease, to transport property for compensation.

"Services" and "transportation" includes the services 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 property or in the performance of any service in connection therewith.

"Tare weight" means the weight of a truck before being loaded at a shipper's residence or place of business, including the pads, dollies, hand-trucks, ramps and other equipment normally used in the transportation of household goods shipments.

Code 1950, § 56-338.1; 1995, cc. 744, 803; 1997, c. 283; 2001, c. 596; 2003, c. 832; 2006, cc. 874, 891; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 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 other political subdivision of the Commonwealth.

2. Transportation of property 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 the Commonwealth. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1 or the insurance requirement imposed on motor carriers pursuant to § 46.2-2143.1.

3. 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 Article 2 (§ 13.1-312 et seq.) of Chapter 3 of Title 13.1, while used exclusively in the conduct of the business of such association. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

4. Motor vehicles while used exclusively in (i) carrying newspapers, water, livestock, poultry, poultry products, buttermilk, fresh milk and cream, meats, butter and cheese produced on a 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), (ii) transporting farm supplies to a farm or farms, (iii) hauling for the Department of Transportation, (iv) carrying fertilizer to any warehouse or warehouses for subsequent distribution to a local area farm or farms, or (v) collecting and disposing of trash, garbage and other refuse. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

5. 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. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

6. Motor carriers exclusively operating passenger cars, motorcycles, autocycles, mopeds, and vehicles with a gross vehicle weight rating of 10,000 pounds or less. This exemption shall not apply to the insurance requirements imposed on motor carriers pursuant to § 46.2-2143.1 or 46.2-2143.2.

7. Personal delivery devices as defined in § 46.2-100.

Code 1950, § 56-338.2; 1954, c. 344; 1956, c. 697; 1973, c. 305; 1995, cc. 744, 803; 2001, c. 596; 2003, c. 832; 2012, c. 638; 2017, cc. 251, 788, 790, 815; 2020, c. 1269.

§ 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 except in accordance with the provisions of this chapter.

Code 1950, § 56-338.3; 1995, cc. 744, 803; 2001, c. 596.

§ 46.2-2103. Repealed.

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 a special fund to be used to meet the expenses of the Department.

2001, c. 596.

§ 46.2-2108.2. Necessity of a permit or certificate.

It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange to transport property for compensation on an intrastate basis as a motor carrier without first obtaining from the Department a permit or certificate of fitness as required by this chapter.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2108.3. Repealed.

Repealed by Acts 2017, cc. 790 and 815, cl. 2, effective January 1, 2018.

§ 46.2-2108.4. Application; notice requirements.

A. Applications for a permit or certificate of fitness or renewal of a permit or certificate of fitness under this chapter shall be made to the Department and contain such information as the Department shall require. Such information shall include, in the application or otherwise, the matters set forth in §§ 46.2-2133 and 46.2-2134 as grounds for denying permits and certificates.

B. The applicant for a certificate of fitness issued under this chapter shall cause a notice of such application, on the form and in the manner prescribed by the Department, to be served on every affected person who has requested notification.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2108.5. Registered for fuels tax; business, professional, and occupational license taxes.

Permit and certificate of fitness holders shall be licensed and registered in accordance with the road tax requirements of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 and licensed for payment of local business, professional, and occupational license taxes of Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 as required.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2108.6. Considerations for determination of issuance of permit, or certificate.

In determining whether a permit or certificate of fitness required by this chapter shall be issued, the Department may, among other things, consider compliance with financial responsibility, bonding, and other requirements of this chapter.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 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 party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.

B. Any applicant denied without a hearing an original certificate of fitness under subsection A shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant's written request for such hearing made within thirty days of denial.

Code 1950, § 56-338.11; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 870; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2110. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

§ 46.2-2114.1. Expired.

Expired.

§ 46.2-2115. Determination for issuance of permit or certificate.

If the Department finds the applicant has met all requirements of this chapter, it shall issue a permit or certificate of fitness to the applicant, subject to such terms, limitations and restrictions as the Department may deem proper.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2116. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 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 a proper registration card or identification marker for not more than ten days.

2001, c. 596.

§ 46.2-2118. Issuance, expiration, and renewal of permit and certificate.

All permits and certificates of fitness issued under this chapter shall be issued for a period of 12 consecutive months except, at the discretion of the Department, the periods may be adjusted as necessary. Such permits and certificates shall expire if not renewed annually. Such expiration shall be effective 30 days after the Department has provided the permittee or certificate holder notice of nonrenewal. If the permit or certificate is renewed within 30 days after notice of nonrenewal, then the permit or certificate shall not expire.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2119. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 46.2-2120. Filing and application fees.

Every applicant for an original certificate of fitness issued under this chapter shall, upon the filing of an application, deposit with the Department, as a filing fee, a sum in the amount of $50. The Department shall collect a fee of $3 for the issuance of a duplicate certificate of fitness.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2121. Vehicle fees.

Every person who operates a property-carrying vehicle for compensation over the highways of the Commonwealth shall be required to pay an annual fee of $10 for each such vehicle so operated, unless (i) such operation is exempted from this chapter; (ii) the property-carrying vehicle is a passenger car, motorcycle, autocycle, moped, or vehicle with a gross vehicle weight rating of 10,000 pounds or less; (iii) a vehicle identification marker fee has been paid to the Department as to such vehicle for the current year under the provisions of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1; or (iv) a fee has been paid for the vehicle through the unified carrier registration system established pursuant to 49 U.S.C. § 14504a and the regulations promulgated thereunder for carriers registered pursuant to those provisions. No more than one vehicle fee shall be charged or paid as to any vehicle in any one year under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 and this chapter, including payments made pursuant to the unified carrier registration system.

2001, c. 596; 2003, c. 322; 2006, c. 208; 2017, cc. 790, 815.

§ 46.2-2121.1. Declaration of for-hire operation; presumption of nonbusiness use.

Before any motor vehicle is used by a motor carrier to transport property for compensation over the highways of the Commonwealth, the owner of the vehicle shall declare to the Department that the operation of such vehicle is for hire.

Any passenger car, motorcycle, autocycle, or pickup or panel truck, as defined in § 46.2-100, subject to the declaration required by this section and determined pursuant to § 58.1-3523 to be (i) privately owned, (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle, or (iii) held in a private trust for nonbusiness purposes and registered with the Department as a personal vehicle shall be presumed to be used for nonbusiness purposes in determining whether such vehicle is a qualifying vehicle under § 58.1-3523 absent clear and convincing evidence to the contrary. Any declaration given pursuant to this section shall not create any presumption of business or commercial use of the vehicle or of business activity on the part of the vehicle owner, lessee, or operator for purposes of any state or local requirement.

2017, cc. 790, 815.

§ 46.2-2122. Bond and letter of credit requirements of applicants for certificate.

A. Every applicant for an original certificate of fitness under this chapter shall obtain and file with the Department, along with the application, a surety bond or an irrevocable letter of credit, in addition to any other bond or letter of credit required by law, in the amount of $50,000, which shall remain in effect for the first five years of licensure. The bond or letter of credit shall be in a form and content acceptable to the Department. The bond or letter of credit shall be conditioned on a statement by the applicant that the applicant will not practice fraud, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant's business. The Department may, without holding a hearing, suspend the certificate of fitness during the period that the certificate holder does not have a sufficient bond or letter of credit on file.

B. If a person suffers any of the following: (i) loss or damage in connection with the transportation service by reason of fraud practiced on him or fraudulent representation made to him by a certificate holder or his agent or employee acting within the scope of employment; (ii) loss or damage by reason of a violation by a certificate holder or his agent or employee of any provision of this chapter in connection with the transportation service; or (iii) loss or damage resulting from a breach of a contract entered into on or after July 1, 2002, that person shall have a claim against the certificate holder's bond or letter of credit, and may recover from such bond or letter of credit the amount awarded to such person by final judgment of a court of competent jurisdiction against the certificate holder as a result of such loss or damage up to, but not exceeding, the amount of the bond or letter of credit.

C. The certificate holder's surety shall notify the Department when a claim is made against a certificate holder's bond, when a claim is paid and/or when the bond is canceled. Such notification shall include the amount of a claim and the circumstances surrounding the claim. Notification of cancellation shall include the effective date and reason for cancellation.

D. The surety on any bond filed by a certificate holder shall be released and discharged from all liability accruing on such bond after the expiration of 60 days from the date on which the surety files with the Department a written request to be released and discharged. Such request shall not operate to relieve, release, or discharge the surety from any liability already accrued or that shall accrue before the expiration of the 60-day period.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2123. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 46.2-2124. Notice of discontinuance of service.

Every motor carrier who ceases operation or abandons his rights under a permit or certificate of fitness issued shall notify the Department within 30 days of such cessation or abandonment.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 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 the provisions of this chapter; to prescribe the manner and form in which such reports shall be made; and to require from such carriers specific answers to all questions upon which the Department may deem information to be necessary. Such reports shall be under oath whenever the Department so requires. The Department may also require any motor carrier to file with it a true copy of each or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to the provisions of this chapter.

B. The Department may prescribe (i) the forms of any and all accounts, records, and memoranda to be kept by motor carriers and (ii) the length of time such accounts, records, and memoranda shall be preserved, as well as of the receipts and expenditures of money. The Department or its employees shall at all times have access to all lands, buildings, or equipment of motor carriers used in connection with their operations and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept, or required to be kept, by motor carriers. The Department and its employees shall have authority to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept by such carriers. These provisions shall apply to receivers of carriers and to operating trustees and, to the extent deemed necessary by the Department, to persons having control, direct or indirect, over or affiliated with any motor carrier.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2126. 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 Department from any liability resulting from his negligence, whether or not he has complied with the requirements of this chapter.

2001, c. 596; 2017, cc. 790, 815.

§ 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 estimate of charges for such services, shall be subject to penalties and/or revocation or suspension of certificate as provided in this chapter.

2001, c. 596.

§ 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 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 Commonwealth shall thereafter deny the offending person the right to operate the motor vehicle on the highways of the Commonwealth.

2001, c. 596.

§ 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) does not carry the proper registration and identification that this title requires, (ii) does not display an identification marker issued for such vehicle by the Department in such manner as is prescribed by the Department, or (iii) bears registration or identification markers of persons whose permit or certificate issued by the Department has been revoked, suspended, or renewal thereof denied in accordance with this chapter.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2130. Registration violations; penalties.

A. The following violations of laws shall be punished as follows:

1. Any person who does not declare a motor vehicle to be operated for hire when required by § 46.2-2121.1 or otherwise obtain a proper registration card or other evidence of registration as required by Chapter 6 (§ 46.2-600 et seq.) is guilty of a Class 4 misdemeanor.

2. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification that this title requires or any motor vehicle that does not display (i) an identification marker issued for such vehicle by the Department in such manner as is prescribed by the Department or (ii) other identifying information that this title requires it to display is guilty of a Class 4 misdemeanor.

3. Any person who knowingly displays or uses on any vehicle operated by him any identification marker or other identification that has not been issued to the owner or operator thereof for such vehicle and any person who knowingly assists him to do so is guilty of a Class 3 misdemeanor.

4. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration from the Department under this title or Title 58.1 after such registration cards or identification markers have been revoked, canceled or suspended is guilty of a Class 3 misdemeanor.

B. The officer charging the violation under this section shall serve a citation on the operator 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 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.

2001, c. 596; 2017, cc. 790, 815.

§ 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 certificate or permit for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than $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. Any person, whether carrier, shipper, or consignee, or any officer, employee, agent, or representative thereof, 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, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for the first offense and not more than $2,000 for any subsequent offense.

C. Any motor carrier or any officer, agent, employee, or representative thereof who willfully fails or refuses to make a report to the Department as required by this chapter or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the Department, or knowingly and willfully falsifies, destroys, mutilates, or alters any such report, account, record or memorandum, or knowingly and willfully files any false report, account, record or memorandum, is guilty of a misdemeanor and upon conviction thereof shall be subject for each offense to a fine of not less than $100 and not more than $5,000.

2001, c. 596; 2017, cc. 790, 815.

§ 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 operating credentials as required by this chapter or other requirements in this title regulating the operation of motor vehicles;

2. Failed to make any report required in this chapter;

3. Failed to pay any fee or tax properly assessed against him; or

4. Failed to comply with any provision of this chapter or lawful order, rule or regulation of the Department or any term or condition of any certificate or permit.

Any such penalty shall be imposed by order; however, no order issued pursuant to this section shall become effective until the Department has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Instead of or in addition to imposing such penalty, the Department may suspend, revoke, or cancel any permit, certificate of fitness, or registration card or identification marker issued pursuant to this title. If, in any such case, it appears that the defendant owes any fee or tax to the Commonwealth, the Department shall enter order therefor.

For the purposes of this section, each separate violation shall be subject to the civil penalty.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2133. Grounds for denying, suspending, or revoking certificates.

A certificate of fitness issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds, where applicable:

1. Material misstatement or omission in application for certificate of fitness or vehicle registration;

2. Failure to comply subsequent to receipt of a written warning from the Department or any willful failure to comply with a lawful order, any provision of this chapter or any regulation promulgated by the Department under this chapter, or any term or condition of any certificate of fitness;

3. Use of deceptive business acts or practices;

4. Knowingly advertising by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a certificate of fitness or vehicle registration is held or sought;

5. Having been found, through a judicial or administrative hearing, to have committed fraudulent or deceptive acts in connection with the business for which a certificate of fitness is held or sought or any consumer-related fraud;

6. Having been convicted of any criminal act involving the business for which a certificate of fitness is held or sought;

7. Improper leasing, renting, lending, or otherwise allowing the improper use of a certificate of fitness, identification marker issued by the Department, or vehicle registration;

8. Having been convicted of a felony;

9. Having been convicted of any misdemeanor involving lying, cheating, stealing, or moral turpitude;

10. Failure to submit to the Department any tax, fees, dues, fines, or penalties owed to the Department;

11. Failure to furnish the Department information, documentation, or records required or requested pursuant to statute or regulation;

12. Knowingly and willfully filing any false report, account, record, or memorandum;

13. Failure to meet or maintain application certifications or requirements of character, fitness, and financial responsibility pursuant to this chapter;

14. Willfully altering or changing the appearance or wording of any license, certificate, identification marker issued by the Department, license plate, or vehicle registration;

15. Failure to provide services in accordance with certificate of fitness terms, limitations, conditions, or requirements;

16. Failure to maintain and keep on file with the Department motor carrier liability insurance or cargo insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth;

17. Failure to comply with the Workers' Compensation Act of Title 65.2;

18. Failure to properly register a motor vehicle under this title;

19. Failure to comply with any federal motor carrier statute, rule, or regulation; or

20. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such certificate for a period of greater than three months.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 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 to the Department any tax, fees, fines, or penalties owed to the Department.

2. Failure to maintain and keep on file with the Department motor carrier liability insurance or cargo insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth.

3. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such permit for a period of greater than three months.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2135. Altering or amending permits or certificates.

The Department may alter or amend a permit or certificate of fitness at the request of a permittee or certificate holder or upon a finding by the Department that a permittee or certificate holder failed to observe any of the provisions within this chapter, or any of the rules or regulations of the Department, or any term, condition, or limitation of such permit or certificate.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2136. Suspension, revocation, and refusal to renew permit or certificate; notice and hearing.

A. Except as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.

B. The order suspending, revoking, or denying renewal of a permit or certificate of fitness shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a hearing, had 30 days to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a permit or certificate of fitness and an opportunity for a hearing shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the permit or certificate or other record of information in possession of the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Department may issue an order suspending the permit or certificate. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the permittee or certificate holder shall be afforded the opportunity for a hearing within 30 days. The suspension shall remain in effect pending the outcome of the hearing.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2137. Basis for reinstatement of suspended permits or certificates; reinstatement fees.

A. The Department shall reinstate any permit or certificate suspended pursuant to this chapter provided the grounds upon which the suspension action was taken have been satisfied and the appropriate reinstatement fee and other applicable fees have been paid to the Department.

B. The reinstatement fee for suspensions issued pursuant to this chapter shall be $50. In the event multiple credentials have been suspended under this chapter for the same violation only one reinstatement fee shall be applicable.

C. In addition to a reinstatement fee, a fee of $500 shall be paid for failure of a motor carrier to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter. Any motor carrier who applies for a new permit or certificate because his prior permit or certificate was revoked for failure to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter, shall also be subject to a fee of $500.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2138. Basis for reissuance after revocation of permits or certificates; fees.

The Department shall not accept an application for a permit or certificate from an applicant where such credentials have been revoked pursuant to this chapter until the period of revocation imposed by the Department has passed. The Department shall process such applications under the same provisions, procedures and requirements as an original application for such permit or certificate. The Department shall issue such permit or certificate, provided that the applicant has met all the appropriate qualifications and requirements, has satisfied the grounds upon which the revocation action was taken, and has paid the appropriate application or filing fees to the Department.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2139. Surrender of license plate and registration card; removal by law enforcement; operation of vehicle denied.

A. It shall be unlawful for a permittee or certificate holder whose permit or certificate has expired or been revoked or suspended or whose renewal thereof has been denied pursuant to this chapter to fail or refuse to surrender, on demand, to the Department license plates and registration cards issued under this title.

B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the Department on demand license plates and registration cards issued under this title.

C. If any law-enforcement officer finds that a vehicle bearing Virginia license plates or temporary transport plates is in violation of subsection A or B, such law-enforcement officer may remove the license plate or plates and registration card. If a law-enforcement officer removes a license plate or registration card, he shall forward such license plate and registration card to the Department.

D. When informed that a motor carrier vehicle is being operated in violation of this section, the driver shall drive the vehicle to a nearby location off the public highways and not remove it or allow it to be moved until the motor carrier is in compliance with all provisions of this chapter.

2001, c. 596; 2015, c. 258; 2017, cc. 790, 815.

§ 46.2-2140. Title to plates.

All registration cards and license plates issued by the Department shall remain the property of the Department.

2001, c. 596; 2017, cc. 790, 815.

Article 2. Insurance Requirements.

§ 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.

No certificate of fitness, permit, registration card, or license plate shall be issued by the Department to any motor carrier or for any vehicle operated by or on behalf of a motor carrier until the motor carrier certifies to the Department that the vehicle is covered by one or more of the following, in the amount or amounts set forth in § 46.2-2143.1:

1. An insurance policy or bond;

2. A certificate of insurance in lieu of the insurance policy or bond, certifying that such policy or bond covers the liability of such motor carrier in accordance with the provisions of this article, is issued by an authorized insurer, or in the case of bonds, is in an amount approved by the Department. The bonds may be issued by the Commonwealth of Virginia, the United States of America, or any municipality in the Commonwealth. Such bonds shall be deposited with the State Treasurer and the surety shall not be reduced except in accordance with an order of the Department;

3. An unconditional letter of credit, issued by a bank doing business in Virginia, for an amount approved by the Department. The letter of credit shall be in effect so long as the motor carrier operates motor vehicles in the Commonwealth; or

4. In the case of a lessor who acts as a registrant for purposes of consolidating lessees' vehicle registration applications, a statement that the registrant has, before leasing a vehicle, obtained from the lessee an insurance policy, bond, or certificate of insurance in lieu of the insurance policy or bond and can make available said proof of insurance coverage upon demand.

Vehicles belonging to carriers who have filed proof of financial responsibility in accordance with the unified carrier registration system authorized by 49 U.S.C. § 14504a are deemed to have fulfilled the requirements of this article for insurance purposes. The Department is further authorized to register any qualified carrier under the unified carrier registration system as well as to collect and disperse the fees for registration under that system.

2001, c. 596; 2006, c. 208; 2011, cc. 881, 889; 2012, c. 638; 2017, cc. 790, 815.

§ 46.2-2143.1. Insurance requirement for motor carriers.

A. All motor carriers shall keep in force at all times insurance, a bond, or bonds in an amount required by this section. However, motor carriers exempt under subdivision 6 of § 46.2-2101 shall only be required to keep in force insurance, a bond, or bonds in the amount required by this section that provide primary coverage (i) when the motor carrier or person acting on behalf of the motor carrier is available to transport property for compensation and (ii) from the time the motor carrier or a person acting for or on behalf of the motor carrier accepts the request to transport property and the vehicle is en route to pick up the property until the time the property has been removed from the vehicle and delivered to its final destination.

B. The minimum public liability financial responsibility requirements for motor carriers operating in intrastate commerce shall be based on the gross vehicle weight rating of the vehicle as follows: for vehicles with a gross vehicle weight rating in excess of 10,000 pounds, the minimum requirement is $750,000; for vehicles with a gross vehicle weight rating in excess of 7,500 pounds but not in excess of 10,000 pounds, the minimum requirement is $300,000; for passenger cars, motorcycles, autocycles, and vehicles with a gross vehicle weight rating of 7,500 pounds or less, the minimum requirement for clause (i) of subsection A is $25,000 per person, $50,000 per incident for death and bodily injury and $20,000 for property damage and for clause (ii) of subsection A is $100,000 per person and $300,000 per incident for death and bodily injury and at least $50,000 for property damage. The minimum insurance for motor carriers operating in interstate commerce shall equal the minimum required by federal law, rule, or regulation.

C. Notwithstanding subsection B, the minimum public financial responsibility requirements for household goods carriers required to obtain a certificate of fitness pursuant to this chapter shall be $750,000.

D. The minimum cargo insurance required for motor carriers operating in intrastate commerce shall be $50,000. Motor carriers not engaged in the transportation of household goods and those solely operating passenger cars, motorcycles, autocycles, and vehicles with a gross vehicle weight rating of 7,500 pounds or less shall not be required to file any cargo insurance, bond, or bonds for cargo liability.

2012, c. 638; 2017, cc. 790, 815.

§ 46.2-2143.2. Special insurance provisions for certain carriers.

A. The provisions of this section shall apply only to motor carriers exempt under subdivision 6 of § 46.2-2101 and insurance policies maintained by such carriers pursuant to this article.

B. Insurance coverage for motor carriers shall be primary, and the requirements of § 46.2-2143.1 may be satisfied by any of the following:

1. Insurance maintained by the motor carrier;

2. Insurance maintained by another person on behalf of the motor carrier; or

3. Any combination of subdivisions 1 and 2.

C. A motor carrier may meet its obligation under subsection B of § 46.2-2143.1 through a policy obtained by a person other than the carrier under subdivision B 2 or 3 only if the motor carrier verifies that the policy is maintained by such other person.

D. Insurers providing coverage under subsection B of § 46.2-2143.1 shall have the exclusive duty to defend any liability claim, including any claim against a motor carrier or person acting for or on behalf of the motor carrier, arising from an accident occurring within the time period specified in subsection A of § 46.2-2143.1. Insurers of the personal automobile insurance policy of neither a person acting for or on behalf of the motor carrier nor the vehicle's owner shall have the duty to defend or indemnify the activities of a person acting for or on behalf of a motor carrier in connection with the motor carrier unless such policy expressly provides otherwise for the period of time to which subsection A of § 46.2-2143.1 is applicable or the policy contains an amendment or endorsement to provide that coverage.

E. Coverage under a motor carrier's insurance policy shall not be dependent on a personal automobile policy's first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim.

F. Nothing in this section shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. The personal automobile insurance policy of neither a person acting for or on behalf of the motor carrier nor the vehicle's owner shall provide coverage for activities in connection with the motor carrier to such person acting for or on behalf of the motor carrier, the vehicle owner, or any third party unless such policy expressly provides otherwise for the period of time to which subsection A of § 46.2-2143.1 is applicable or the policy contains an amendment or endorsement to provide that coverage.

G. In every instance where motor carrier insurance maintained by a person other than the motor carrier to fulfill the insurance obligations of subsection B of § 46.2-2143.1 has lapsed or ceased to exist, the motor carrier shall provide the coverage required by that subsection beginning with the first dollar of a claim.

H. This section shall not limit the liability of a motor carrier arising out of an accident involving a person acting for or on behalf of the carrier in any action for damages against a motor carrier for an amount above the required insurance coverage.

I. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a vehicle operated by a person acting for or on behalf of a motor carrier and who provides the motor carrier with the date, approximate time, and location of the accident, the name of the vehicle operator, if available, and the accident report, if available, may request in writing from the motor carrier information relating to the insurance coverage and the company providing the coverage. The motor carrier shall respond electronically or in writing within 30 days. The motor carrier's response shall contain the following information: (i) whether, at the approximate time of the accident, the vehicle was being operated for or on behalf of the motor carrier; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the vehicle operator.

J. Any insurance required by subsection B of § 46.2-2143.1 may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in § 38.2-4805.2.

K. Any insurance policy required by subsection B of § 46.2-2143.1 shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated for or on behalf of a motor carrier.

L. If a vehicle operated by a person acting for or on behalf of a motor carrier is insured under a personal automobile insurance policy that does not exclude coverage, then such policy shall provide primary coverage and an insurance policy maintained by the motor carrier under § 46.2-2143.1 shall provide excess coverage up to at least the limits required by § 46.2-2143.1.

M. In a claims coverage investigation, a motor carrier and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the date and time of any accident involving a vehicle operated for or on behalf of the motor carrier and the precise times that the vehicle was being operated for or on behalf of the motor carrier.

2017, cc. 790, 815.

§ 46.2-2144. Policies or surety bonds to be filed with the Department and securities with State Treasurer.

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 the policy or bond shall remain in the files of the Department six months after the certificate of fitness, registration card, license plate, or permit is canceled for any cause. If federal, state, or municipal bonds are deposited with the State Treasurer in lieu of an insurance policy, the bonds shall remain deposited until six months after the registration card, license plate, certificate, or permit is canceled for any cause unless otherwise ordered by the Department.

B. The Department may, without holding a hearing, suspend a permit or certificate of fitness if the permittee or certificate holder fails to comply with the requirements of this section.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 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 sustained by the shippers or consignees for injury to any passenger or passengers or for loss or damage to property entrusted to such motor carrier when a cargo policy is required and (ii) any and all injuries to persons and loss of or damage to property resulting from the negligent operation of any motor vehicle.

2001, c. 596.

§ 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 fitness or permit issued by and under the authority of the Department who, in lieu of filing an insurance policy, has deposited with the State Treasurer state, federal or municipal bonds or has filed an unconditional letter of credit issued by a bank. The failure of any such holder of a certificate or permit to comply with the provisions of § 38.2-510 shall be the cause for revocation or suspension of the certificate or permit.

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

Article 3. Property Carriers.

§ 46.2-2147. Certain household goods carriers exempted from article.

Household goods carriers transporting solely household goods under a certificate of fitness issued pursuant to this chapter are exempt from the provisions of this article.

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

§ 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 Department a permit authorizing such operation.

2001, c. 596.

Article 4. Household Goods Carriers.

§ 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.

2001, c. 596.

§ 46.2-2150. Required certificates of fitness.

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 a certificate of fitness authorizing such operation.

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

§ 46.2-2151. Considerations for determination of issuance of certificate.

In determining whether the certificate of fitness required by this article shall be granted, the Department may, among other things, consider the provisions of § 46.2-2108.6, the applicant's character and fitness, and the applicant's compliance with federal, state, and local taxes.

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

§ 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 application to such carriers.

2001, c. 596.

§ 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 the provisions of this chapter without permission of the Department and on such terms as the Department may prescribe.

2001, c. 596.

§ 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 of their duties as such carriers and their rates and charges therefor, which rates and charges shall be filed with and subject to approval by the Department by individual household goods carriers or by groups of such carriers, and correct abuses by such carriers. To that end the Department may prescribe reasonable rules, regulations, bills of lading, forms and reports for such carriers to administer and enforce the provisions of this chapter. The Department shall have the right at all times to require from such carriers special reports and statements, under oath, concerning their business. It shall make and enforce such requirements, rules, and regulations as may be necessary to prevent unjust or unreasonable discriminations by any such carrier. The Department may 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 Department's regulatory powers.

The Department shall work in conjunction with the Department of State Police and local law-enforcement officials to promote uniform enforcement of the laws pertaining to motor carriers and the rules, regulations, forms, and reports prescribed under the provisions of this chapter.

2001, c. 596; 2011, cc. 881, 889; 2012, cc. 22, 111.

§ 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 employee of the above certificated carrier may solicit, book or register a shipment of household goods moving intrastate and only in the name of that certificated carrier.

B. No person or employee of a certificated or a noncertificated carrier may act as an employee, representative, or agent for another certificated carrier for purpose of soliciting, booking or registering an intrastate shipment except as provided in subsection A of this section. No person or employee of a certificated carrier who solicits, books or registers intrastate shipments may be employed by a noncertificated carrier.

C. A certificated household goods carrier may utilize the services of another certificated household goods carrier or a permitted property carrier that has complied with the minimum cargo insurance requirements of this chapter for storage and final delivery on storage-in-transit shipments at destination. A property carrier who does not hold a household goods certificate of fitness is prohibited from delivering a shipment for a greater distance than thirty road miles from the warehouse. The shipment must move on the bill of lading of the originating certificated household goods carrier with the delivering certificated household goods carrier or property carrier shown on the bill of lading. The legal liability of the shipment remains the responsibility of the originating certificated household goods carrier.

D. A household goods carrier may interchange or interline shipments with any other certificated household goods carrier provided both carriers hold proper authority to transport the shipment from origin to destination. The shipment must move on the bill of lading of the originating certificated household goods carrier with the delivering certificated household goods carrier shown on the bill of lading. The legal liability of the shipment remains the responsibility of the originating certificated household goods carrier.

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

§ 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 in the manner and form specified in this section:

1. The estimate may be made only after a visual inspection of the goods by the estimator or be based upon information furnished to the carrier by the shipper.

2. If a written estimate is furnished, across the top of each form there shall be imprinted, in bold type, the words "ESTIMATED COST OF SERVICES."

3. The name, address and phone number of the carrier providing the estimate must be shown in a legible manner on each estimate form.

4. Imprinted thereunder in regular type shall be words to the effect "IMPORTANT NOTICE: This estimate covers only the articles and services listed. It is not a guarantee that the actual charges will not exceed the amount of the estimate. However, carriers may bind the estimate and guarantee that charges may not exceed the bound estimate except for any accessorial tariff charges incurred at destination that are not known to the carrier until actual delivery of the shipment and a sight survey reveals that additional charges are necessary to effect delivery as published in the carrier's tariff. Household goods carriers are required by law to collect transportation and other incidental charges computed on the basis of rates shown in their lawfully published tariffs. Charges for additional services will be added to the transportation charges."

5. The original or a true legible copy of each estimate form prepared in accordance with this section may be delivered to the shipper and a copy thereof shall be maintained by the carrier as part of its record of shipment.

B. If the carrier provides a shipper with a written estimate, the carrier will give to the shipper an information booklet that has been approved by the Department and will obtain a receipt therefor from the shipper. Such receipt will become a part of the permanent file of the carrier.

2001, c. 596; 2006, c. 609.

§ 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 the household goods carrier.

2. Agreed pick-up period of time, the actual pick-up date and agreed delivery date or the agreed period of time within which delivery of the shipment is expected at destination.

3. True copies of the gross and tare weight tickets shall be attached to the bill of lading as soon as such weight tickets are obtained. If the shipper is present at the weighing, he shall then be given a copy of the gross and tare weight tickets upon request, otherwise, he shall be given a copy thereof at destination upon request.

4. The number of the vehicle onto which the shipment is loaded.

5. Amount of charges and method of payment of total tariff charges.

6. Total amount required to be paid in cash, postal money order, traveler's check, cashier's check, bank treasurer's check, bank wire transfer, or approved credit card to relinquish possession of a C.O.D. shipment.

2001, c. 596; 2006, c. 609.

§ 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, if a combination freight bill/bill of lading is not used, which bill shall contain the following information: point of origin, point of destination, date of shipment, description of article or commodity, weight of article or commodity rate, or rates applicable for the service rendered, statement of nature and amounts of charges for special services, where charges incurred, and method of payment of total tariff charges.

B. If a carrier uses a uniform household goods bill of lading and freight bill, subsection A of this section shall not apply.

2001, c. 596.

§ 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 of all such property, which shall indicate the consignor, consignee, origin, destination and weight of each shipment on the motor vehicle. The original or a copy of the bill of lading shall be preserved in the office of such carrier for a period of at least three years.

2001, c. 596.

§ 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 in cash, postal money order, traveler's check, cashier's check, bank treasurer's check, bank wire transfer, or approved credit card, except where other satisfactory arrangements have been made between the carrier and the consignor or consignee.

B. Carrier may require prepayment of charges for a specific service in full or in part on or before commencing performance of such services as requested by shipper.

C. Estimated charges may be bound or fixed so that the price estimated may not be exceeded with the exception that any accessorial tariff charges incurred at destination that are not known to the carrier until actual delivery of the shipment and a sight survey reveals that additional charges are necessary to effect delivery as published in the carrier's tariff.

2001, c. 596; 2006, c. 609.

§ 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 release or discharge the carrier or its agents from liability, other than a statement that the property has been received in apparent good condition except as noted on the shipping documents.

B. Household goods carriers shall not assume any liability in excess of that for which they are legally liable under their lawful bills of lading and published tariffs.

C. Household goods carriers shall not advertise or represent to the public that "all loads are insured" or other similar wording, unless such carrier has filed tariffs with the Department, assuming complete liability, and has filed evidence of insurance with the Department providing protection covering all shipments to their full value without limitation and insuring against every peril to which any shipment may be exposed.

D. Shipper or his representative will acknowledge that the property has been received in apparent good condition except as noted on the shipping documents at time of delivery.

2001, c. 596.

§ 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 each shipment under the following conditions:

1. By a certified weighmaster or on a certified scale, and

2. The vehicle shall contain all pads, chains, dollies, handtrucks and other equipment needed in the transportation of shipments to be loaded thereon.

B. After the vehicle has been loaded it shall be weighed under the following conditions:

1. At the certified scale nearest to the point of origin of the shipment, if practicable, and

2. The vehicle shall contain all pads, chains, dollies, handtrucks and other equipment needed in the transportation of shipments to be loaded thereon.

C. The net weight of the shipment shall be determined by deducting the tare weight from the gross weight and such weight shall be entered on the bill of lading.

D. Where no certified scale is available at the point of origin, the gross weight shall be obtained at the nearest certified scale either in the direction of the movement of the shipment or in the direction of the next pick-up or delivery in the case of partial loads.

In the transportation of partial loads, this section shall apply in all respects, except that the gross weight of a vehicle containing one or more partial loads shall be used as the tare weight of such vehicle as to partial loads subsequently loaded thereon.

E. The person paying the freight charges, or his representative upon request of either, shall be permitted without charge to accompany, in his own conveyance, the carrier to the weighing station and to observe the weighing of his shipment after loading.

The carrier shall use a certified scale that will permit the shipper to observe the weighing of his shipment without causing delay.

F. The provisions of this section shall not apply to bound or fixed estimates provided in accordance with the provisions of § 46.2-2161.

2001, c. 596; 2006, c. 609.

§ 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 of properly loaded van space may be used.

2001, c. 596.

§ 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 weights evidenced by separate tickets, and the driver shall enter thereon the number of the bill of lading or shipper's name. No other alterations shall be made on any such ticket.

1. As soon as weight tickets are obtained, true copies thereof shall be attached to the bill of lading accompanying the shipment and retained in the carrier's file.

2. If a shipper requests, a true copy of each weight ticket pertaining to a shipment shall be given to the shipper at the weighing station if the shipper is present or upon delivery of the shipment if the shipper is not present at the weighing.

3. Any of the following shipments may be weighed on a certified scale or by a certified weighmaster prior to being loaded on the vehicle:

a. A part load for any one shipper not exceeding 1,000 pounds;

b. An automobile or other article weighing in excess of 500 pounds, which is mounted on wheels;

c. A shipment that the carrier containerizes for further transportation, in which case the net weight of the shipment shall be the gross weight of the container less the tare weight of the container. The gross weight of the container shall be as packed and prepared for shipment and the tare weight of the container shall include all of the pads, skins, blocking and bracing used, or to be used, to protect the contents of the container, but not including packing materials used in the preliminary packing of the shipment.

2001, c. 596.

§ 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 without first having advised the shipper of such minimum weight provisions.

2001, c. 596.

§ 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 of scales at destination.

1. The household goods carrier shall inform the person requesting the reweigh, within a reasonable time prior to the gross reweighing, of the tariff charges therefor and the location of a certified scale in close proximity to the destination of the shipment that shall be used, and of the right of the shipper, or his representative, to observe the gross and tare reweighing.

2. The household goods carrier, without altering or deleting the initial weights, shall cause to be recorded on the bill of lading the gross, tare and net weights on reweigh, and shall give the shipper, or his representative, original or true copies of the weight tickets on reweigh in the same manner as prescribed in subdivision 2 of § 46.2-2165 for initial weighing.

3. The lower of the two net scale weights shall be used for determining the applicable charges.

4. The household goods carrier may publish in its tariff a reasonable charge for reweighing shipments, which charge shall be applicable when the reweigh develops a net scale weight in excess of the initial net scale weight or if the difference between the initial net scale weight and the reweight net scale weight is less than 100 pounds on a shipment weighing 5,000 pounds or less or two percent or less of the lower net scale weight on shipments in excess of 5,000 pounds.

2001, c. 596.

§ 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 such claim in writing to the claimant within thirty calendar days after its receipt by the carrier. The carrier shall, at the time such claim is received, cause the date of receipt to be recorded on the claim;

2. Pay, decline or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier or its agent.

B. If the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall, at that time and the expiration of each succeeding thirty-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof.

C. No household goods carrier shall provide by contract or otherwise a shorter period for the filing of loss and damage claims than thirty calendar days, and for the institution of suits than two years, such period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice.

2001, c. 596.

§ 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 inspection, tariffs showing all the rates and charges for transportation, and all services in connection therewith. Such rates 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 and with such regulations. Any tariff so rejected by the Department shall be void, and its use shall be unlawful.

2001, c. 596.

§ 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 the rates and charges specified in the tariffs in effect at the time.

2001, c. 596; 2006, c. 609.

§ 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 the service thereunder, specified in any effective tariff of a household goods carrier, 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.

§ 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 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 household goods 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.

§ 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 each subject may be found. If a tariff contains so small a volume of matter that its title page or interior arrangement plainly discloses its contents, the table of contents may be omitted.

2. A complete list of all carriers participating in the tariff, or reference to the governing publication which participation is shown.

3. A complete index of all commodities on which specific rates are named therein, together with reference to the page and/or items in which they are shown. No index need be shown in tariffs of less than five pages, or if all the rates to each destination are alphabetically arranged by commodities.

4. Explanations of all notes, abbreviations, symbols and reference marks used in tariff.

5. Rules that govern in clear and explicit terms, setting forth all privileges and services covered.

6. Any exceptions to the application of rates named, and non-application of rates named therein.

7. All line haul transportation rates shall be explicitly stated in dollars and cents.

8. Household goods carriers shall establish the charge to be made for each accessorial or terminal service rendered in connection with the shipment. The tariff shall separately state each service to be rendered and the charge therefor.

a. The charges for packing and unpacking shall be stated in amounts per container or per hundred weight.

b. An hourly labor charge may be established to cover miscellaneous labor services performed at the request of the shipper when a rate is not separately stated for the service requested.

9. Tariffs based on distances from point of origin to destination shall show the mileages or indicate a definite method by which such mileages shall be determined.

2001, c. 596; 2006, c. 609.

Article 5. Brokers.

§ 46.2-2174. Repealed.

Repealed by Acts 2017, cc. 790 and 815, cl. 2, effective January 1, 2018.

Chapter 22. Regulation of Sight-Seeing Carriers [Repealed].

§ 46.2-2200. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 23. Regulation of Special or Charter Party Carriers [Repealed].

§ 46.2-2300. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 23.1. Excursion Trains [Repealed].

§ 46.2-2313. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 24. Regulation of Carriers By Motor Launch [Repealed].

§ 46.2-2400. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 25. Regulation of Limousines and Executive Sedans [Repealed].

§ 46.2-2500. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 26. Regulation of Sight-Seeing Carriers By Boat [Repealed].

§ 46.2-2600. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

Chapter 27. Virginia Motor Vehicle Emissions Reduction Program [Repealed].

§ 46.2-2700. Repealed.

Repealed by Acts 1997, c. 117.

Chapter 28. Board of Towing and Recovery Operators [Repealed].

§ 46.2-2800. Repealed.

Repealed by Acts 2012, cc. 803 and 835, cl. 107, effective January 1, 2013.

Chapter 29. Certified Escort Vehicle Drivers.

§ 46.2-2900. Definitions.

As used in this chapter, the following words and terms shall have the following meaning unless the context clearly indicates otherwise:

"Certified escort vehicle driver" means a person 18 years of age or older who holds a valid driver's license and a valid escort vehicle driver certificate issued (i) by the Commonwealth or (ii) by a state whose escort vehicle driver certification program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth has extended reciprocity.

"Escort vehicle driver certificate" means a credential issued under the laws of the Commonwealth or other state authorizing the holder to escort a permitted vehicle or vehicles.

"Permitted vehicle or vehicles" means any vehicle being operated under the provisions of a valid highway hauling permit issued pursuant to § 46.2-1139 that requires that the permitted vehicle or vehicles be accompanied by a certified escort vehicle driver or drivers.

2013, cc. 312, 477; 2015, c. 258.

§ 46.2-2901. Certificate required.

No person shall escort any vehicle that is being moved by authority of a valid highway hauling permit requiring a certified escort vehicle driver and issued pursuant to § 46.2-1139 unless such person holds a valid driver's license and a valid escort vehicle driver certificate issued by the Commonwealth or another state that has a reciprocal agreement with the Commonwealth recognizing escort vehicle driver certificates issued by that state.

An escort vehicle driver certificate shall be deemed invalid if the certificate holder's driver's license has expired or has been suspended, revoked, or canceled.

2013, cc. 312, 477.

§ 46.2-2902. Insurance to be kept in force; amount.

Each person or company providing certified escort vehicle services shall keep in force at all times valid liability insurance coverage for those classes of insurance defined in §§ 38.2-117 and 38.2-118 in the amount of at least $750,000 that has been issued by an insurance carrier authorized to do business in the Commonwealth.

2013, cc. 312, 477.

§ 46.2-2903. Eligibility for escort vehicle driver certificate.

A Virginia escort vehicle driver certificate shall be issued only to a person who intends to provide certified vehicle escort services for a permitted vehicle and who (i) holds a valid Virginia driver's license and who is domiciled in the Commonwealth or (ii) is a nonresident who meets the requirements of § 46.2-2907 or 46.2-2908.

No person shall be eligible for a Virginia escort vehicle driver certificate until he has (i) passed the applicable training course and knowledge test required by this chapter and has satisfied all other applicable requirements imposed by the laws of the Commonwealth or (ii) has met the requirements of § 46.2-2907 or 46.2-2908.

No person shall be eligible for a Virginia escort vehicle driver certificate during any period in which his driver's license or privilege to drive is expired or is suspended, revoked, or canceled in any state or during any period wherein the restoration of his license or privilege is contingent upon the furnishing of proof of financial responsibility.

2013, cc. 312, 477.

§ 46.2-2904. Certified escort vehicle driver training.

Every applicant for a Virginia escort vehicle driver certificate shall undergo and successfully complete an eight-hour training course presented by a business, organization, governmental entity, or individual that has been approved by the Department and that offers a course approved by the Department.

2013, cc. 312, 477.

§ 46.2-2905. Knowledge test; waiting period prior to reexamination.

The Department shall examine every applicant for an escort vehicle driver certificate before issuing a Virginia escort vehicle driver certificate. Every applicant shall be required to take and pass an escort vehicle driver knowledge test. Prior to taking the knowledge test, the applicant shall present evidence that he has completed a state-approved escort vehicle driver certification training course pursuant to the provisions of § 46.2-2904.

Any person who applies for an escort vehicle driver certificate under § 46.2-2906 and fails the knowledge test administered pursuant to that section three times shall not be eligible for retesting for at least 30 days. A reexamination fee of $2 shall be charged for the second and subsequent test in the same manner as provided for driver license testing under the provisions of § 46.2-332.

2013, cc. 312, 477.

§ 46.2-2906. Application for escort vehicle driver certificate; driving record; proof of completion of escort vehicle driver training; fee.

A. Every application for an escort vehicle driver certificate shall be made on a form prescribed by the Department, and the applicant shall write his usual signature in ink in the space provided on the form. A person who applies for an escort vehicle driver certificate must meet the following requirements:

1. Be at least 18 years of age;

2. Hold a valid Virginia driver's license or a valid driver's license for another state;

3. Authorize the Department to review his driving record;

4. Present satisfactory proof of successful completion of an eight-hour escort vehicle driver certification training course, as required by § 46.2-2904;

5. Pass the escort vehicle driver certification knowledge test as required by § 46.2-2905 with a score of 80 percent or higher; and

6. Pay the appropriate fee for certificate issuance.

B. Every application shall state the applicant's full legal name; year, month, and date of birth; social security number; sex; and residence address. The applicant shall also answer any questions on the application form, or otherwise propounded, and provide any other information as required by the Department incidental to the application.

C. The Commissioner shall require that each application include a certification statement, to be signed by the applicant under penalty of perjury, certifying that the information presented on the application is true and correct. If the applicant fails or refuses to sign the certification statement, the Department shall not issue the applicant an escort vehicle driver certificate.

Any applicant who knowingly makes a false certification or supplies false or fictitious evidence shall be punished as provided in § 46.2-348.

2013, cc. 312, 477; 2015, c. 258.

§ 46.2-2907. Nonresident; extensions of reciprocal privileges.

A nonresident age 18 years or older who has been duly licensed as a driver under a law regulating the licensure of drivers in his home state and who has in his immediate possession a valid driver's license and a valid escort vehicle driver certificate issued to him in his home state, where such state's escort vehicle driver certification program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth has extended reciprocity, shall be permitted without a Virginia license or a Virginia escort vehicle driver certificate to escort a permitted vehicle or vehicles on the highways of the Commonwealth. Such nonresident shall be exempt from the escort vehicle driver certification eligibility, training, and testing requirements of this chapter.

If such nonresident desires to also hold a Virginia escort vehicle driver certificate, in addition to the valid certificate issued to him by his home state, he must then meet all of the Virginia escort vehicle driver certification eligibility, training, and testing requirements of this chapter.

2013, cc. 312, 477; 2015, c. 258.

§ 46.2-2908. Nonresident; issuance of Virginia escort vehicle driver certificate; nonreciprocal state.

A nonresident who has not been issued an escort vehicle driver certificate in his home state but who has in his immediate possession a valid driver's license issued by his home state may be certified through Virginia's Escort Vehicle Driver Certification Program. Such nonresident must meet all escort vehicle driver certification eligibility, training, and testing requirements of this chapter.

A nonresident who has in his immediate possession a valid driver's license and valid escort vehicle driver certificate issued to him by his home state, to which state's escort vehicle driver certification program the Commonwealth has not extended reciprocity, may be certified through Virginia's Escort Vehicle Driver Certification Program. Such nonresident must meet all escort vehicle driver certification eligibility, training, and testing requirements of this chapter.

2013, cc. 312, 477.

§ 46.2-2909. Issuance, expiration and renewal of certificate; fees.

The fee for issuance of an original or renewal escort vehicle driver certificate shall be $5 for each year of validity. The certificate shall be valid for five years and expire on the last day of the month of issuance. Notwithstanding this limitation, the Commissioner may extend the validity period of an expiring certificate if (i) the Department is unable to process an application for renewal due to circumstances beyond its control or (ii) the extension has been authorized under a directive from the Governor. However, in no case shall the validity period be extended more than 90 days per occurrence of such conditions.

Persons who wish to renew an escort vehicle driver certificate shall successfully pass the escort vehicle driver certification knowledge test prior to recertification.

2013, cc. 312, 477.

§ 46.2-2910. Certified escort vehicle drivers; duties and responsibilities.

A. Each certified escort vehicle driver shall have in his possession his escort vehicle driver certificate and proof of insurance while escorting a permitted vehicle. The driver's certificate, driver's license, and proof of insurance must be presented when requested by any Department of Motor Vehicles size and weight compliance agent, law-enforcement officer, or Department of Transportation official. Failure of the certified escort vehicle driver to have the certificate, driver's license, or proof of insurance in his possession while escorting a permitted vehicle or load may cause the movement of the permitted vehicle to be interrupted until properly credentialed escort services can be obtained.

B. The driver of an escort vehicle shall comply with all applicable traffic laws and with the requirements of this chapter when escorting a permitted vehicle or vehicles on all roads within the Commonwealth.

2013, cc. 312, 477.