2006 Code of Virginia § 46.2-2078 - No certificate to issue when service already adequate

46.2-2078. No certificate to issue when service already adequate.

No certificate of public convenience and necessity shall be granted to anapplicant proposing to operate over the route of any certificated commoncarrier unless it is proved to the satisfaction of the Department that theservice rendered by such certificate holder, over such route, is inadequateto the requirements of the public necessity and convenience; and if theDepartment is of the opinion that the service rendered by such certificateholder over such route is in any respect inadequate to the requirements ofthe public necessity and convenience, such certificate holder shall be givenreasonable time and opportunity to remedy such inadequacy before anycertificate shall be granted to an applicant proposing to operate over suchroute.

For the purpose of this section, the transportation of passengers by anurban-suburban bus line, hereby defined as a bus line, the majority of whosepassengers 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 theirplaces of work, shopping areas, or schools, shall not be deemed an operationover the route of any common carrier of passengers holding a certificate ofpublic convenience and necessity.

(2001, c. 596.)