A. Any person knowingly and willfully violating any provision of this chapter, or any rule or regulation thereunder, or any term or condition of any certificate, permit, or license, for which a penalty is not otherwise herein provided, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $2,500 for the first offense and not more than $5,000 for any subsequent offense. Each day of such violation shall constitute a separate offense.

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Terms Used In Virginia Code 46.2-2011.22

  • 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 (§ 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Motor Vehicles. See Virginia Code 46.2-2000
  • Excursion train: means any steam-powered train that carries passengers for which the primary purpose of the operation of such train is the passengers' experience and enjoyment of this means of transportation, and does not, in the course of operation, carry (i) freight other than the personal luggage of the passengers or crew or supplies and equipment necessary to serve the needs of the passengers and crew, (ii) passengers who are commuting to work, or (iii) passengers who are traveling to their final destination solely for business or commercial purposes. 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
  • Operator: means the employer or person actually driving a motor vehicle or combination of vehicles. 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
  • TNC broker: means any person who (i) is not a transportation network company or TNC partner and (ii) is not a bona fide employee or agent of a transportation network company or TNC partner, and who contracts or enters into an agreement or arrangement, with a transportation network company and who, in accordance with such contract, agreement or arrangement, arranges any transportation subject to Article 15 (§ Virginia Code 46.2-2000
  • TNC partner: means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth. See Virginia Code 46.2-2000

B. Any person, whether carrier, TNC broker, broker, or any officer, employee, agent, or representative thereof, or a TNC partner, who knowingly and willfully by any such means or otherwise fraudulently seeks to evade or defeat regulation as in this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not more than $500 for the first offense and not more than $2,000 for any subsequent offense.

C. Any motor carrier, TNC broker, broker, or excursion train operator or any officer, agent, employee, or representative thereof, or a TNC partner, who willfully fails or refuses to make a report to the Department as required by this chapter or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the Department, or knowingly and willfully falsifies, destroys, mutilates, or alters any such report, account, record, or memorandum, or knowingly and willfully files any false report, account, record, or memorandum, is guilty of a misdemeanor and, upon conviction, be subject for each offense to a fine of not less than $100 and not more than $5,000.

2001, c. 596; 2002, c. 861; 2015, cc. 2, 3; 2017, c. 635.