2006 Code of Virginia § 46.2-2100 - Definitions.

46.2-2100. 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.

"Bulk commodity" means any non-liquid, non-gaseous commodity shipped looseor in mass/aggregate and which in the loading and unloading thereof isordinarily shoveled, scooped, forked, or mechanically conveyed or which isnot in containers or in units of such size to permit piece by piece loadingand unloading.

"Bulk property carrier" means any person, not herein exempted, whoundertakes either directly or by lease, to transport exclusively bulkcommodities, as defined, for compensation including for purposes of thissection for-hire tow truck operations.

"Certificate of public convenience and necessity" means a certificateissued by the Department to certain "household goods carriers" under thischapter.

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

"Courier service" means a motor carrier that engages, directly or by lease,exclusively in the transportation of letters, envelopes, negotiable ornonnegotiable instruments, or other documents or papers for compensation.

"Department" means the Department of Motor Vehicles.

"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.

"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 tothe 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 ina dwelling, when a part of the equipment or supplies of such dwelling, andsimilar property if the transportation of such effects or property is (i)arranged and paid for by the householder, including transportation of theproperty from a factory or store when the property is purchased by thehouseholder with intent to use it in his dwelling or (ii) arranged and paidfor by another party.

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

"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 21 ( 46.2-2100 etseq.) of this title, and/or (iii) proof of compliance with the insurancerequirements of this chapter.

"Interstate" means the transportation of property between states.

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

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

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

"Motor vehicle" means any vehicle, machine, tractor, trailer, orsemitrailer propelled or drawn by mechanical power and used upon the highwaysin 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 thetransportation of property, excluding household goods transported for adistance 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 undertakeseither directly or by a lease, to transport property for compensation.

"Restricted common carrier" means any person who undertakes, whetherdirectly or by a lease or other arrangement, to transport household goods bymotor vehicle for compensation whether over regular or irregular routes.

"Services" and "transportation" includes the services of, and alltransportation by, all vehicles operated by, for, or in the interest of anymotor carrier, irrespective of ownership or contract, express or implied,together with all facilities and property operated or controlled by any suchcarrier or carriers and used in the transportation of property or in theperformance of any service in connection therewith.

"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.

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

(Code 1950, 56-338.1; 1995, cc. 744, 803; 1997, c. 283; 2001, c. 596; 2003,c. 832; 2006, cc. 874, 891.)