Browning-Ferris, Inc. v. Commonwealth, 300 S.E.2d 603 (Va. 1983). · Go Syfert
Browning-Ferris, Inc. v. Commonwealth, 300 S.E.2d 603 (Va. 1983). Cases Citing This Book View Copy Cite
74 citation events (46 in the last 25 years) across 12 distinct courts.
Strongest positive: Cahaly v. Larosa (scd, 2014-06-10)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Cahaly v. Larosa (2×) also: Cited as authority (quoted)
D.S.C. · 2014 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the legislature is presumed to have had knowledge of the attorney general's interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the attorney general's view.
examined Cited as authority (verbatim quote) Saunders v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2006 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the legislature is presumed to have had knowledge of the attorney general's interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the attorney general's view.
discussed Cited as authority (rule) Coresite, LLC v. County of Fairfax, Virginia
Va. Ct. App. · 2026 · confidence medium
This is especially so because the General Assembly is “presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Beck, 267 Va. at 492 (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983)).
discussed Cited as authority (rule) Diego Claramunt v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The Court said that “[t]he legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Id. (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983)).
discussed Cited as authority (rule) Jennifer May Matheson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statute[], and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view” when the opinion has been extant as long as this one, and is “particularly” to be afforded “due consideration.” Beck v. Shelton, 267 Va. 482, 492 (2004) (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983); Twietmeyer v. City of Hampton, 255 Va. 387, 393 (1998)).
discussed Cited as authority (rule) Geneva Enterprises, LLC v. Hakim Hashimi
Va. Ct. App. · 2025 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Id. (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983)).
discussed Cited as authority (rule) Emmanuel Worship Center v. The City of Petersburg
Va. Ct. App. · 2024 · confidence medium
The General Assembly’s “failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Id. (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983)). 12 Thus, the owner of real estate subject to a notice under Code § 58.1-3965 has “the right to redeem such real estate prior to the date set for a judicial sale thereof by paying into court all taxes, penalties and interest due . . . together with all costs including costs of publication and a reasonable attorney fee set by the court.” Code § 58.1-3974 (emphasis added); see …
discussed Cited as authority (rule) Dominique Nyree Waters v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Beck, 267 Va. at 492 , 593 S.E.2d at 200 (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161 , 300 S.E.2d 603, 605-06 (1983)).
discussed Cited as authority (rule) Junious Pernell Bartlett v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning—Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Junious P. Bartlett v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Arete Nicole Rudolph v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Arete N. Rudolph v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Arete Nicole Rudolph v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Arete N. Rudolph v. City of Newport News Department of Human Services
Va. Ct. App. · 2016 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
cited Cited as authority (rule) Fisher v. Surratt
Augusta Cir. Ct. · 2015 · confidence medium
Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983) (quoting Deal v. Commonwealth, 224 Va. 618, 622 [1983]).
discussed Cited as authority (rule) Little v. Dominion Transmission, Inc.
W.D. Va. · 2015 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Id. (quoting Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 , 300 S.E.2d 603, 605-06 (1983)). 7 Despite the plain language of § 56-49.01 and the Attorney General’s opinion, the Littles nevertheless maintain that the statute is unconstitutionally vague.
discussed Cited as authority (rule) In re the Removal of Augusta County Courthouse
Augusta Cir. Ct. · 2015 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 (1983).
discussed Cited as authority (rule) Commonwealth v. Bowman
Loudoun Cir. Ct. · 2012 · confidence medium
(See Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161 (1983).) The Attorney General also noted that “A law enforcement agency or an agency providing services to the prosecution or police may have sufficient involvement in the prosecution of a criminal matter that it becomes, in effect, a party to the case.” 1991 Va. A.G.
discussed Cited as authority (rule) Madison v. Loudoun County Board of Supervisors
Loudoun Cir. Ct. · 2006 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) Cisco Systems, Inc. v. Thorsen
Fairfax Cir. Ct. · 2005 · confidence medium
“This is particularly so when the General Assembly has known of the Attorney General’s Opinion, in this case for five years, and has done nothing to change it. ‘The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view’.” Beck v. Shelton, 267 Va. 482, 492 , 593 S.E.2d 195, 200 (2004) (citing Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603,605-06 (1983)).
discussed Cited as authority (rule) Beck v. Shelton
Va. · 2004 · confidence medium
“The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983).
discussed Cited as authority (rule) In re Zoning Ordinance Amendments
Loudoun Cir. Ct. · 2003 · confidence medium
With respect to the opinions of the Attorney General, it is a matter of statutory construction in the Commonwealth that, “[t]he legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161, 162 (1983) (authorities omitted).
discussed Cited as authority (rule) Commonwealth v. Brown
Va. Ct. App. · 1999 · confidence medium
Therefore, “we conclude that the General Assembly approves [the relevant portion of] the Attorney General’s construction.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161 , *790 300 S.E.2d 603, 605 (1983).
cited Cited as authority (rule) Lee Gardens Arlington Ltd. Partnership v. Arlington County Board
Va. · 1995 · confidence medium
Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983); Richard L.
discussed Cited as authority (rule) City of Winchester v. American Woodmark Corp. (2×)
Va. · 1995 · confidence medium
Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62, 300 S.E.2d 603, 605-06 (1983); Richard L.
examined Cited as authority (rule) Taylor v. Worrell Enterprises, Inc. (3×)
Va. · 1991 · confidence medium
Browning-Ferris v. Commonwealth, 225 Va. 157, 161 , 300 S.E.2d 603, 605-06 (1983); Deal v. Commonwealth, 224 Va. 618, 622 , 299 S.E.2d 346, 348 (1983); see Albemarle County v. Marshall, Clerk, 215 Va. 756, 762 , 214 S.E.2d 146, 150 (1975) (acquiescence for period of seven years).
discussed Cited as authority (rule) County Bd. of Arlington County v. Brown (2×)
Va. · 1985 · confidence medium
Citing Browning-Ferris v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983), the Board argues that “[t]hese interpretations by the Attorney General should be given great weight because the legislature has done nothing to contradict them.” Even though such interpretations are entitled to due consideration, they are, of course, not binding on us.
discussed Cited "see" Debrew v. Lexus
Fairfax Cir. Ct. · 1997 · signal: see · confidence high
See Browning-Ferris v. Commonwealth, 225 Va. 157, 161 (1983) (explaining that the “failure [of the General Assembly] to make corrective amendments evinces legislative acquiescence in the Attorney General’s view”).
discussed Cited "see" National Serv-All, Inc. v. Indiana Department of State Revenue (2×)
Ind. T.C. · 1994 · signal: see · confidence high
See Browning-Ferris, Inc. v. Commonwealth (1983), 225 Va. 157, 161 , 300 S.E.2d 603, 605 ("The critical factor in this operation is the service performed in collecting and disposing of the waste, not the ownership of the debris."); Northern Hills Sanitation, Inc. v. Cossart (1978), S.D., 264 N.W.2d 711, 713 ("As far as the wear and tear on our highways is concerned, it would seem to matter little whether a motor vehicle is carrying twenty tons of garbage or twenty tons of caviar.").
cited Cited "see" Chase Manhattan Bank, N.A. v. Virginia Department of Taxation
Loudoun Cir. Ct. · 1993 · signal: see · confidence high
See, Browning Ferris v. Commonwealth, 225 Va. 157 (1983).
cited Cited "see" Justus v. Lowell
Loudoun Cir. Ct. · 1993 · signal: see · confidence high
See Albemarle Co. v. Marshall, Clerk, 215 Va. 756, 762 (1975), Browning Ferris v. Commonwealth, 225 Va. 157, 161 (1983), (citing Deal v. Commonwealth, 224 Va. 618, 622 (1983)).
discussed Cited "see, e.g." Appalachian Power co. v. State Corp. Comm'n (2×)
Va. · 2012 · signal: compare · confidence low
Compare Beck v. Shelton, 267 Va. 482, 492 , 593 S.E.2d 195, 200 (2004)(when General Assembly was aware of interpretation of statute embodied in an Opinion of the Attorney General for five years and “fail[ed] to make corrective amendments” to statute during that time, such “failure . . . evinces legislative acquiescence in the Attorney General’s view”)(quoting Browning- Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62 , 300 S.E.2d 603, 605-06 (1983)).
discussed Cited "see, e.g." Railroad Commission of Texas v. Waste Management of Texas, Inc. (2×)
Tex. App. · 1994 · signal: see, e.g. · confidence low
See, e.g., Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 300 S.E.2d 603, 604-05 (1983) (holding that waste is property under the state's regulatory scheme); Northern Hills Sanitation, Inc. v. Cossart, 264 N.W.2d 711, 713 (S.D.1978) (same); Waste Control Sys., Inc. v. State, 114 N.H. 21 , 314 A.2d 659, 661-62 (1974) (deferring to the regulating agency's definition of property); Schlagel v. Hoelsken, 162 Colo. 142 , 425 P.2d 39, 42 (1967), cert. denied, 389 U.S. 827 , 88 S.Ct. 81 , 19 L.Ed.2d 83 (1967) (holding that the legislature had ratified the Public Utilities Commission’s treatment…
discussed Cited "see, e.g." Railroad Commission of Texas Environmental Transportation Services, Inc. Waste Processor Industries, Inc. Channel Transportation Co., Inc. WPI Trucking, Inc. Texas Tank Truck Carriers Association, Inc. Allwaste Environmental Services v. Waste Management of Texas, Inc.
Tex. App. · 1994 · signal: see, e.g. · confidence medium
See, e.g. , Browning-Ferris, Inc. v. Commonwealth , 300 S.E.2d 603, 604-05 (Va. 1983) (holding that waste is property under the state's regulatory scheme); Northern Hills Sanitation, Inc. v. Cossart , 264 N.W.2d 711, 713 (S.D. 1978) (same); Waste Control Sys., Inc. v. State , 314 A.2d 659, 661-62 (N.H. 1974) (deferring to the regulating agency's definition of property); Schlagel v. Hoelsken , 425 P.2d 39, 42 (Colo. 1967), cert. denied , 389 U.S. 827 (1967) (holding that the legislature had ratified the Public Utilities Commission's treatment of waste as property regulable under the state's act…
Retrieving the full opinion text from the archive…
Browning-Ferris, Inc.
v.
Commonwealth of Virginia
Record 820681.
Supreme Court of Virginia.
Mar 11, 1983.
300 S.E.2d 603
Robert W. Wooldridge, Jr. (Terrence Ney; Elizabeth Land Lewis; Boothe, Prichard & Dudley, on brief), for appellant., Jeffrey A. Spencer, Assistant Attorney General (Gerald L. Baliles, Attorney General; Walter A. McFarlane, Deputy Attorney General, on brief), for appellee.
Carrico, Cochran, Poff, Compton, Thompson, Stephenson, Russell.
Cited by 40 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 77%
Citer courts: D. South Carolina (1) · Court of Appeals of Virginia (1)
THOMPSON, J.,

delivered the opinion of the Court.

The sole question involved in this appeal is whether the vehicles operated by Browning-Ferris, Inc. (BFI), in transporting its customers’ waste materials (garbage, debris, refuse, and trash) to landfills for disposal are “for hire” vehicles within the meaning of Code §§ 46.1-1(35) and -160. In a traffic-infraction prosecution, the trial court ruled in the affirmative and convicted the defendant. We agree with the ruling and affirm its judgment.

BFI is a corporation engaged in the business of providing waste collection and disposal services by contract with its customers. It supplies the customers with special containers for temporary stor[*159] age of the waste material. On demand, BFI removes the contents of the container, either by dumping the waste into a truck or by transporting the container by truck over public highways to a landfill. The customer agrees in the contract that “[a]ll title to the solid waste shall be vested in [BFI] when such waste has been loaded into Company’s trucks.” BFI bases its service charges upon the quantity of material, frequency of disposal, and rental for the container. It also pays a required fee to the landfill for disposal of the wastes.

On the occasion in question, a state trooper stopped a BFI truck in Loudoun County. The vehicle contained industrial wastes being transported from the customers’ premises to the landfill and had a gross weight in excess of 18,000 pounds. It did not display “for hire” license plates.

BFI challenges the holding of the trial court, contending that (1) waste is not property; (2) even if waste is property, it belongs to BFI and therefore BFI cannot be charged a license tax for transporting its own property; and (3) the statute in inapplicable because BFI’s primary business is not transportation.

I. Is Industrial Waste "Property” Within the Meaning of Code § 46.1-1(35)?

Our task is the proper interpretation of Code § 46.1-1(35), the relevant portion of which states:

The terms operation ... for hire ... as a property carrier for compensation . . . wherever used in this title, mean any owner or operator of any motor vehicle, . . . operating over the highways of this State who accepts or receives compensation for the service, directly or indirectly ....

BFI contends that the industrial waste which it was transporting at the time of the alleged infraction was not property since it had no economic value. We decline to adopt that interpretation.

One of the definitions of property as found in Webster’s Third New International Dictionary 1818 (1981) states that property is “something that is or may be owned or possessed.” We endorse the reasoning of the Supreme Court of South Dakota in the case of Northern Hills Sanitation, Inc. v. Cossart, 264 N.W.2d 711, 713 (S.D. 1978):

[*160] Although it is true that garbage has been held not to be goods or personal property within the meaning of constitutional provisions and statutes governing common carriers, see, e.g., Visco v. State, 95 Ariz. 154, 388 P.2d 155; Arizona Service Co. v. Arizona Corporation Commission, 2 Ariz. App. 563, 410 P.2d 681; Fairchild v. United Service Corp., 52 N.M. 289, 197 P.2d 875, other courts have reached a contrary result. See, e.g., Masgai v. Public Service Commission of Pennsylvania, 124 Pa. Super. 370, 188 A. 599; Waste Control Systems, Inc. v. State, 114 N.H. 21, 314 A.2d 659. Whatever definition solid waste or garbage might be given for other purposes, we think that consistent with our holding in Lien v. Rowe, supra, the solid waste transported by appellant over the highways of this state must be deemed to be property within the meaning of our motor carrier compensation statutes in order that the purpose of those statutes might be effectuated. As far as the wear and tear on our highways is concerned, it would seem to matter little whether a motor vehicle is carrying twenty tons of garbage or twenty tons of caviar.

As a practical matter, we are considering compensatory user fees exacted as license taxes for the privilege of operating motor vehicles over the public highways. Commonwealth v. Smith, 193 Va. 1, 68 S.E.2d 132 (1951). The fee becomes part of a fund used for construction, reconstruction, and maintenance of the state highway system. Code § 46.1-167. In this particular instance, we are concerned with a physical mass of 30 cubic feet transported over a thoroughfare owned and maintained for public use, and we have no hesitancy in concluding that, regardless of its economic value, this is property within the purview of Code § 46.1-1(35).

II. Ownership of the Solid Waste.

BFI points to the service agreement which transfers ownership of the solid waste to BFI once it has been loaded into BFI’s truck. From that BFI argues that transportation for hire could not involve carriage of one’s own property. Admitting that there is no Virginia precedent on this point, BFI cites Weller v. Kolb’s Bakery & Dairy, 176 Md. 191, 4 A.2d 130 (1939); Murphy v. Standard Oil Co. of Indiana, 49 S.D. 197, 207 N.W. 92 (1926); and City of Sioux Falls v. Collins, 43 S.D. 311, 178[*161] N.W. 950 (1920). BFI’s argument is based upon concepts of property ownership which we do not believe are controlling in this context.

BFI contracts to take possession of solid waste on the premises of its customers and dispose of it by transportation over public highways to sites where it can be economically destroyed. The critical factor in this operation is the service performed in collecting and disposing of the waste, not the ownership of the debris. BFI “receives compensation for the service” only because it exercises the privilege of using the public highways, and part of that compensation is fairly attributable to that use.

In support of the trial court’s ruling, the Commonwealth relies upon two opinions of the Attorney General, the pertinent parts of which appear in the margin. * The first was published April 8, 1966, the second 14 years later. Since there have been no corrective amendments to the statute as thus construed, we conclude that the General Assembly approves the Attorney General’s construction.

The legislature is presumed to have had knowledge of the Attorney General’s interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General’s view. See Albemarle Co. v.[*162] Marshall, Clerk, 215 Va. 756, 762, 214 S.E.2d 146, 150 (1975) (acquiescence for a period of seven years).

Deal v. Commonwealth, 224 Va. 618, 622, 299 S.E.2d 346, 348 (1983).

We, therefore, hold that the ownership of the economic waste is not controlling and that BFI’s service is an operation “for hire” within the intendment of Code § 46.1-1(35).

III. Transportation Is Incidental Business of BFI

Lastly, BFI argues that collection is its primary business and that transportation is merely incidental thereto. Accordingly, it insists that it is exempt from the license fee, citing various rulings of the Interstate Commerce Commission.

The Attorney General responds that the Interstate Commerce Commission is a regulatory body whose function does not concern the levy of fees for the maintenance of public roads, and, hence, that its rulings are inapposite. We agree.

Our statute makes no distinction between primary and secondary operations for hire, and we decline to engraft such a distinction upon it.

Therefore, we will affirm the judgment of the trial court.

Affirmed.

*

In Report of the Attorney General 1965-66, at page 192, the Attorney General stated:

Under the given facts, the person operating the business receives compensation for the service of collecting, removing and disposing of trash and garbage for various governmental units and individuals. He uses his trucks for the purpose of collecting and disposing of the trash and garbage. So long as motor vehicles are used for such purposes, it is obvious that a portion of the compensation received is for such use. Considering the other named elements of the contract under which the service is performed and the nature of the transaction as a whole, the fact that the contract provides that the trash and garbage becomes the property of the person who removes and disposes of it does not appear to alter the situation. The net result is the acceptance or receipt of compensation for the services of the motor vehicles.

In Report of the Attorney General 1979-80, at page 259, the Attorney General stated:

The essential service which this company contracts to perform, therefore, is solid waste collection and removal by truck over the highways of the Commonwealth. That the waste is owned by the company while being transported does not change the fact that the company receives compensation for transporting the property. Accordingly, I am of the opinion that the company in question operates for rent or for hire within the meaning of § 46.1-1(35), and your question is therefore answered in the affirmative. A similar view was expressed by my predecessor in an Opinion . . . dated April 8, 1966, and found in Report of the Attorney General (1965-1966) at 192.