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.

Terms Used In Virginia Code 46.2-2099.18

  • 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. See Virginia Code 46.2-2000
  • Certificate: means a certificate of public convenience and necessity or a certificate of fitness. See Virginia Code 46.2-2000
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Motor Vehicles. See Virginia Code 46.2-2000
  • License: means a license issued by the Department to a broker or a TNC broker. See Virginia Code 46.2-2000
  • Motor carrier: means any person who undertakes, whether directly or by lease, to transport passengers for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2000
  • 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. See Virginia Code 46.2-2000
  • Person: means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 46.2-2000
  • 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. See Virginia Code 46.2-2000

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.