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.
Structure Code of Virginia
Chapter 21 - Regulation of Property Carriers
§ 46.2-2101. Exemptions from chapter
§ 46.2-2102. Compliance with chapter required
§ 46.2-2108.1. Disposition of funds collected
§ 46.2-2108.2. Necessity of a permit or certificate
§ 46.2-2108.4. Application; notice requirements
§ 46.2-2108.5. Registered for fuels tax; business, professional, and occupational license taxes
§ 46.2-2108.6. Considerations for determination of issuance of permit, or certificate
§ 46.2-2109. Action on applications; hearings on denials and protests
§ 46.2-2115. Determination for issuance of permit or certificate
§ 46.2-2117. Temporary emergency operation
§ 46.2-2118. Issuance, expiration, and renewal of permit and certificate
§ 46.2-2120. Filing and application fees
§ 46.2-2121.1. Declaration of for-hire operation; presumption of nonbusiness use
§ 46.2-2122. Bond and letter of credit requirements of applicants for certificate
§ 46.2-2124. Notice of discontinuance of service
§ 46.2-2125. Reports, records, etc.
§ 46.2-2126. Certificate or permit holder not relieved of liability for negligence
§ 46.2-2127. Freight bill violation
§ 46.2-2128. Vehicle seizure; penalty
§ 46.2-2129. Unlawful use of registration and identification markers
§ 46.2-2130. Registration violations; penalties
§ 46.2-2131. Violation; criminal penalties
§ 46.2-2132. Violations; civil penalties
§ 46.2-2133. Grounds for denying, suspending, or revoking certificates
§ 46.2-2134. Grounds for denying, suspending, or revoking permits
§ 46.2-2135. Altering or amending permits or certificates
§ 46.2-2136. Suspension, revocation, and refusal to renew permit or certificate; notice and hearing
§ 46.2-2137. Basis for reinstatement of suspended permits or certificates; reinstatement fees
§ 46.2-2138. Basis for reissuance after revocation of permits or certificates; fees
§ 46.2-2141. Application of article
§ 46.2-2142. Bonds or insurance to be kept in force; amounts
§ 46.2-2143.1. Insurance requirement for motor carriers
§ 46.2-2143.2. Special insurance provisions for certain carriers
§ 46.2-2145. Condition or obligation of security
§ 46.2-2146. Effect of unfair claims settlement practices on self-insured motor carriers
§ 46.2-2147. Certain household goods carriers exempted from article
§ 46.2-2149. Certain household goods carriers exempt from certain provisions of article
§ 46.2-2150. Required certificates of fitness
§ 46.2-2151. Considerations for determination of issuance of certificate
§ 46.2-2152. Control by Department
§ 46.2-2153. Provisions of chapter controlling
§ 46.2-2154. Discontinuance of service
§ 46.2-2155. Power and duty of Department
§ 46.2-2156. Solicitation, booking, registration by other persons prohibited; storage-in-transit
§ 46.2-2157. Estimate of charges; penalties; information booklet for shippers
§ 46.2-2159. Freight bill or freight bill/bill of lading
§ 46.2-2160. Bill of lading kept in vehicle; preserved in office
§ 46.2-2161. Payment of tariff charges; payment of specific charges
§ 46.2-2162. Carrier liability
§ 46.2-2163. Determination of weights by certified scales
§ 46.2-2164. Constructive weight
§ 46.2-2165. Obtaining weight tickets
§ 46.2-2166. Minimum weight shipments, notice
§ 46.2-2167. Reweighing of shipment
§ 46.2-2169. Tariffs showing rates and charges, etc.
§ 46.2-2170. Unlawful to charge other than published tariff
§ 46.2-2171. Changes in tariffs