2006 Code of Virginia § 46.2-2000 - Definitions

46.2-2000. Definitions.

Whenever used in this chapter unless expressly stated otherwise:

"Authorized insurer" means, in the case of an interstate motor carrierwhose operations may or may not include intrastate activity, an insurerauthorized to transact business in any one state, or, in the case of a solelyintrastate motor carrier, an insurer authorized to transact business in theCommonwealth.

"Broker" means any person not included in the term "motor carrier" andnot a bona fide employee or agent of any such carrier, who, as principal oragent, sells or offers for sale any transportation subject to this chapter,or negotiates for, or holds himself out by solicitation, advertisement, orotherwise as one who sells, provides, furnishes, contracts, or arranges forsuch transportation.

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

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

"Certificate of fitness" means a certificate issued by the Department to acontract bus carrier.

"Certificate of public convenience and necessity" means a certificateissued by the Department of Motor Vehicles to common carriers, certainrestricted common carriers, contract passenger carriers and sight-seeingcarriers under this chapter authorizing the transportation of passengers overthe public highways or waterways of the Commonwealth; but nothing containedin this chapter shall be construed to mean that the Department can issue anysuch certificate authorizing intracity transportation.

"Charter bus" means a motor vehicle manufactured with a minimum seatingcapacity of 32 passengers or more, excluding the driver.

"Common carrier" means any person who undertakes, whether directly or by alease or any other arrangement, to transport passengers for the generalpublic by motor vehicle for compensation over the highways of theCommonwealth, whether over regular or irregular routes, including such motorvehicle operations of carriers by rail or water under this chapter.

"Contract bus carrier" means a motor carrier that operates solely charterbuses, as defined in this section, to transport groups of passengers under asingle contract made with one person for an agreed charge for suchtransportation regardless of the number of passengers transported, and forwhich transportation no individual or separate fares are solicited, charged,collected, or received by the carrier.

"Contract carrier" means any person who, under special and individualcontracts or agreements, and whether directly or by a lease or any otherarrangement, transports passengers for compensation.

"Contract passenger carrier" means a motor carrier that transports groupsof passengers under a single contract made with one person for an agreedcharge for such transportation, regardless of the number of passengerstransported, and for which transportation no individual or separate fares aresolicited, charged, collected, or received by the carrier.

"Department" means the Department of Motor Vehicles.

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

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

"Financial responsibility" means the ability to respond in damages forliability 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 tothe 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 identificationissued by the Department to show (i) that the operator of the vehicle hasregistered with the Department for the payment of the road tax imposed underChapter 27 ( 58.1-2700 et seq.) of Title 58.1, (ii) proof of the possessionof a certificate or permit issued pursuant to Chapter 20 ( 46.2-2000 etseq.) of this title, and/or (iii) proof of compliance with the insurancerequirements 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.

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

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

"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 capacityof six or more passengers, but not in excess of fifty passengers. Motorlaunch, as defined herein, shall not include sight-seeing vessels, special orcharter party vessels within the provisions of this chapter. A carrier bymotor launch shall not be regarded as a steamship company.

"Nonprofit/tax-exempt passenger carrier" means a bona fide nonprofitcorporation organized or existing under Chapter 10 ( 13.1-801 et seq.) ofTitle 13.1, or a tax-exempt organization as defined in 501 (c) (3) and 501(c) (4) of the United States Internal Revenue Code, as from time to timeamended, who undertakes, whether directly or by lease, to control and operateminibuses exclusively in the transportation, for compensation, of members ofsuch organization if it is a membership corporation, or of elderly, disabled,or economically disadvantaged members of the community if it is not amembership corporation.

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

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

"Permit" means a permit issued by the Department to carriers operating asemployee haulers or nonprofit/tax-exempt passenger carriers or to operatorsof 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.

"Restricted common carrier" means any person who undertakes, whetherdirectly or by a lease or other arrangement, to transport passengers forcompensation, whereby such transportation service has been restricted.

"Route," when used in connection with or with respect to a certificate ofpublic convenience and necessity, means the road or highway, or segmentthereof, operated over by the holder of a certificate of public convenienceand 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 alltransportation by, all vehicles operated by, for, or in the interest of anymotor carrier irrespective of ownership or contract, expressed or implied,together with all facilities and property operated or controlled by any suchcarrier or carriers and used in the transportation of passengers or theperformance of any service in connection therewith.

"Sight-seeing carrier" means a restricted common carrier authorized totransport passengers under the provisions of this chapter, whereby theprimary purpose of the operation is the passengers' experience and enjoymentand/or the promotion of tourism.

"Sight-seeing carrier by boat" means a restricted common carrier, whichrestricted common carrier uses a boat or boats operating on waters within theCommonwealth to transport passengers, and whereby the primary purpose of theoperation is the passengers' experience and enjoyment and/or the promotion oftourism. Sight-seeing carriers by boat shall not be regarded as steamshipcompanies.

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

"Special or charter party carrier by boat" for purposes of this chaptershall mean a restricted common carrier which transports groups of personsunder a single contract made with one person for an agreed charge for suchmovement regardless of the number of persons transported. Special or charterparty carriers by boat shall not be regarded as steamship companies.

"Taxicab or other motor vehicle performing a taxicab service" means anymotor vehicle having a seating capacity of not more than six passengers,excluding the driver, not operating on a regular route or between fixedterminals used in the transportation of passengers for hire or forcompensation, and not a common carrier or restricted common carrier asdefined in this chapter.

(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.)