{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/5.1-128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/5.1-128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/5.1-128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/5.1-128.html"}],"law_id":366528,"edition_id":2,"section_id":366528,"structure_id":52231,"section_number":"5.1-128","catch_line":"New rate schedule; hearing; suspension; action thereon","history":"Code 1950, \u00a7 56-183; 1970, c. 708.","full_text":"Whenever there shall be filed with the Commission any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common or restricted common carrier by aircraft, or by any such carrier in conjunction with a common carrier by railroad, motor vehicle, express and\/or water, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission, upon complaint of any interested party or upon its own initiative, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, may enter upon a hearing concerning the lawfulness of such rate, fare or charge, or such rule, regulations or practice.\n\nPending such hearing and the decision thereon the Commission, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period of 90 days and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than 180 days beyond the time when such rate, fare, charge, rule, regulation or practice would otherwise go into effect.\n\nAfter such hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such period.\n\n","order_by":null,"text":{"0":{"id":1364781,"text":"Whenever there shall be filed with the Commission any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common or restricted common carrier by aircraft, or by any such carrier in conjunction with a common carrier by railroad, motor vehicle, express and\/or water, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission, upon complaint of any interested party or upon its own initiative, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, may enter upon a hearing concerning the lawfulness of such rate, fare or charge, or such rule, regulations or practice.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1364782,"text":"Pending such hearing and the decision thereon the Commission, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period of 90 days and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than 180 days beyond the time when such rate, fare, charge, rule, regulation or practice would otherwise go into effect.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1364783,"text":"After such hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such period.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52231,"edition_id":2,"name":"Through Routes, Service, Rates, Etc","identifier":"8","label":"article","depth":3,"order_by":8,"parent_id":52224,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 02:56:19","date_modified":"2026-08-02 12:27:53","permalink":{"id":1461103,"object_type":"structure","relational_id":52231,"identifier":"8","token":"5.1\/9\/8","url":"\/5.1\/9\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52224,"edition_id":2,"name":"Air Carriers","identifier":"9","label":"chapter","depth":2,"order_by":12,"parent_id":52221,"metadata":{"child_laws":61,"child_structures":9},"date_created":"2026-08-02 02:56:17","date_modified":"2026-08-02 12:27:52","permalink":{"id":1460967,"object_type":"structure","relational_id":52224,"identifier":"9","token":"5.1\/9","url":"\/5.1\/9\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52221,"edition_id":2,"name":"Aviation","identifier":"5.1","label":"title","depth":1,"order_by":9,"parent_id":null,"metadata":{"child_laws":218,"child_structures":28},"date_created":"2026-08-02 02:56:16","date_modified":"2026-08-02 12:27:49","permalink":{"id":1460301,"object_type":"structure","relational_id":52221,"identifier":"5.1","token":"5.1","url":"\/5.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366521,"structure_id":52231,"section_number":"5.1-121","catch_line":"Duties of carriers of passengers as to through routes, equipment, rates, regulations, etc","url":"\/5.1-121\/","token":"5.1\/9\/8\/5.1-121","metadata":false},{"id":366522,"structure_id":52231,"section_number":"5.1-122","catch_line":"Duties of carriers of property as to service, rates and regulations","url":"\/5.1-122\/","token":"5.1\/9\/8\/5.1-122","metadata":false},{"id":366523,"structure_id":52231,"section_number":"5.1-123","catch_line":"Through routes, joint rates, etc., not required may be established","url":"\/5.1-123\/","token":"5.1\/9\/8\/5.1-123","metadata":false},{"id":366524,"structure_id":52231,"section_number":"5.1-124","catch_line":"Undue preference not permitted","url":"\/5.1-124\/","token":"5.1\/9\/8\/5.1-124","metadata":false},{"id":366525,"structure_id":52231,"section_number":"5.1-125","catch_line":"Complaints; action of Commission thereon or on own initiative","url":"\/5.1-125\/","token":"5.1\/9\/8\/5.1-125","metadata":false},{"id":366526,"structure_id":52231,"section_number":"5.1-126","catch_line":"Establishment of through routes, etc., by Commission","url":"\/5.1-126\/","token":"5.1\/9\/8\/5.1-126","metadata":false},{"id":366527,"structure_id":52231,"section_number":"5.1-127","catch_line":"Prescribing divisions of joint rates","url":"\/5.1-127\/","token":"5.1\/9\/8\/5.1-127","metadata":false},{"id":366528,"structure_id":52231,"section_number":"5.1-128","catch_line":"New rate schedule; hearing; suspension; action thereon","url":"\/5.1-128\/","token":"5.1\/9\/8\/5.1-128","metadata":false},{"id":366529,"structure_id":52231,"section_number":"5.1-129","catch_line":"Goodwill, certificate, etc., not element of value in rate making","url":"\/5.1-129\/","token":"5.1\/9\/8\/5.1-129","metadata":false},{"id":366531,"structure_id":52231,"section_number":"5.1-130","catch_line":"Criteria for establishment of rates","url":"\/5.1-130\/","token":"5.1\/9\/8\/5.1-130","metadata":false},{"id":366532,"structure_id":52231,"section_number":"5.1-131","catch_line":"Other remedies not extinguished","url":"\/5.1-131\/","token":"5.1\/9\/8\/5.1-131","metadata":false},{"id":366533,"structure_id":52231,"section_number":"5.1-132","catch_line":"Tariffs showing rates, fares and charges, etc","url":"\/5.1-132\/","token":"5.1\/9\/8\/5.1-132","metadata":false},{"id":366534,"structure_id":52231,"section_number":"5.1-133","catch_line":"Unlawful to charge other than published tariff","url":"\/5.1-133\/","token":"5.1\/9\/8\/5.1-133","metadata":false},{"id":366535,"structure_id":52231,"section_number":"5.1-134","catch_line":"Changes in tariffs, etc","url":"\/5.1-134\/","token":"5.1\/9\/8\/5.1-134","metadata":false},{"id":366536,"structure_id":52231,"section_number":"5.1-135","catch_line":"No transportation except when rates have been filed and published","url":"\/5.1-135\/","token":"5.1\/9\/8\/5.1-135","metadata":false},{"id":366537,"structure_id":52231,"section_number":"5.1-136","catch_line":"Free passes or reduced rates","url":"\/5.1-136\/","token":"5.1\/9\/8\/5.1-136","metadata":false},{"id":366538,"structure_id":52231,"section_number":"5.1-137","catch_line":"Payment of rates and charges before delivery of freight","url":"\/5.1-137\/","token":"5.1\/9\/8\/5.1-137","metadata":false},{"id":366539,"structure_id":52231,"section_number":"5.1-138","catch_line":"Liability for additional charges","url":"\/5.1-138\/","token":"5.1\/9\/8\/5.1-138","metadata":false},{"id":366540,"structure_id":52231,"section_number":"5.1-139","catch_line":"Commission may enter judgment for refunds due public and collect and distribute same","url":"\/5.1-139\/","token":"5.1\/9\/8\/5.1-139","metadata":false}],"previous_section":{"id":366527,"structure_id":52231,"section_number":"5.1-127","catch_line":"Prescribing divisions of joint rates","url":"\/5.1-127\/","token":"5.1\/9\/8\/5.1-127","metadata":false},"next_section":{"id":366529,"structure_id":52231,"section_number":"5.1-129","catch_line":"Goodwill, certificate, etc., not element of value in rate making","url":"\/5.1-129\/","token":"5.1\/9\/8\/5.1-129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/5.1-128\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1970, chapter 708.<\/p>","references":false,"refers_to":false,"permalink":{"id":1461133,"object_type":"law","relational_id":366528,"identifier":"5.1-128","token":"5.1\/9\/8\/5.1-128","url":"\/5.1-128\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/5.1-128\/","token":"5.1\/9\/8\/5.1-128","dublin_core":{"Title":"New rate schedule; hearing; suspension; action thereon","Type":"Text","Format":"text\/html","Identifier":"\u00a7 5.1-128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever there shall be filed with the Commission<\/span> any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common or restricted common carrier by aircraft<\/span>, or by any such carrier in conjunction with a common carrier by railroad, motor vehicle, express and\/or water, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission<\/span>, upon complaint of any interested party<\/span> or upon its own initiative, if it so orders<\/span>, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, may enter upon a hearing<\/span> concerning the lawfulness of such rate, fare or charge, or such rule, regulations or practice.<\/p>

Pending such hearing<\/span> and the decision thereon the Commission<\/span>, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period of 90 days and if the proceeding has not been concluded and a final order<\/span> made within such period the Commission<\/span> may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than 180 days beyond the time when such rate, fare, charge, rule, regulation or practice would otherwise go into effect.<\/p>

After such hearing<\/span>, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission<\/span> may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such period.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNEW RATE SCHEDULE; HEARING; SUSPENSION; ACTION THEREON (\u00a7 5.1-128)\n\nWhenever there shall be filed with the Commission any schedule stating a new\nindividual or joint rate, fare, charge, or classification for the transportation\nof passengers or property by a common or restricted common carrier by aircraft,\nor by any such carrier in conjunction with a common carrier by railroad, motor\nvehicle, express and\/or water, or any rule, regulation, or practice affecting\nsuch rate, fare, or charge, or the value of the service thereunder, the\nCommission, upon complaint of any interested party or upon its own initiative,\nif it so orders, without answer or other formal pleading by the interested\ncarrier or carriers, but upon reasonable notice, may enter upon a hearing\nconcerning the lawfulness of such rate, fare or charge, or such rule,\nregulations or practice.\n\nPending such hearing and the decision thereon the Commission, by filing with\nsuch schedule and delivering to the carrier or carriers affected thereby a\nstatement in writing of its reasons for such suspension, may suspend the\noperation of such schedule and defer the use of such rate, fare, or charge, or\nsuch rule, regulation, or practice, for a period of 90 days and if the\nproceeding has not been concluded and a final order made within such period the\nCommission may, from time to time, extend the period of suspension by order, but\nnot for a longer period in the aggregate than 180 days beyond the time when such\nrate, fare, charge, rule, regulation or practice would otherwise go into effect.\n\nAfter such hearing, whether completed before or after the rate, fare, charge,\nclassification, rule, regulation, or practice goes into effect, the Commission\nmay make such order with reference thereto as would be proper in a proceeding\ninstituted after it had become effective. If the proceeding has not been\nconcluded and an order made within the period of suspension, the proposed change\nof rate, fare or charge, or classification, rule, regulation, or practice, shall\ngo into effect at the end of such period.\n\nHISTORY: Code 1950, \u00a7 56-183; 1970, c. 708.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}