Chap. 35.—An ACT to amend and re-enact sections 3B, 3C, 5, and 23
(being sections 2128, 2129, 2182 and 2154 of the revised Code) of an
act entitled an act to license and regulate the running of automobiles,
locomobiles and other vehicles and conveyances, whose motive power
ig other than animal power, along and over public highways of this
State; to provide for the registration of the same; to provide uni-
form rules regulating the use and speed thereof, and to prescribe pen-
alties for the violation of said rules and regulations and for the licens-
ing of chauffeurs, and to repeal an act entitled an act to regulate the
running of automobiles, locomobiles and other vehicles and convey-
ances whose motive power is other than animals, along and over the
public highways of this State; to provide for the registration of the
same; to provide uniform rules regulating the use and speed thereof,
and to prescribe for the violation of said rules, approved March 17,
1910, as heretofore amended and re-enacted. fH B 5]

Approved September 5, 1919.

1. Be it enacted by the general assembly of Virginia, That
sections 3B, 3C, 5 and 23 (being sections 2128, 2129, 2132 and
2154 of the revised Code 1919) of an act entitled an act to
license and regulate the running of automobiles, locomobiles and
other vehicles and conveyances, whose motive power is other
than animal power, along and over public highways of this State;
to provide for the registration of the same; to provide uniform
rules regulating the use and speed thereof, and to prescribe pen-
alties for the violation of said rules and regulations, and for
licensing of chauffeurs, and to repeal an act entitled an act to
regulate the running of automobiles, locomobiles and other
vehicles and conveyances whose motive power is other than ani-
mals, along and over the public highways of this State; to pro-
vide for the registration of the same; to provide uniform rules
regulating the use and speed thereof, and to prescribe for the
violation of said rules, approved March seventeenth, nineteen
hundred and ten, as heretofore amended and re-enacted, be
amended and re-enacted so as to read as follows:

Sec. 3B (section 2128, revised Code). Every manufacturer,
agent, or dealer in machines, on or before the first day of January
in each year, or before he commences to operate machines to be
sold by him, shall make application to the secretary of the Com-
monwealth for a dealer’s certificate of registration and license.
The application shall state the make of the machine handled by
the manufacturer, agent or dealer and the probable number that
will be disposed of during that year, and, on the payment of the
fee of fifty dollars, a certificate of registration and license shail
be issued to the dealer in such form as may be prescribed by the
secretary of the Commonwealth. For such fee the secretary of
the Commonwealth shall issue to such dealer three sets of num-
ber plates, and for each additional set in excess of three a fee
of fifteen dollars per set shall be paid. It shall be unlawful for
any such manufacturer, dealer, agent or any other person to use
such number plates other than on a machine used principally for
demonstrating purposes, and any violation of this section shall
be punished by a fine of not less than ten dollars ($10.00) and
not more than fifty dollars ($50.00). .

Sec. 3C (section 2129, revised Code). Any person, other
than the owner of a machine which has been registered and
licensed to be operated in this State, who shall operate machines
for pay, before he shall operate a machine in this State shall
first take out a chauffeur’s license to operate machines in this
State, except that a member of a family or servant regularly
employed for other purposes of a licensed owner of a machine,
who is otherwise qualified, may operate such machine without
paying additional license. The applicant shall make application
to the secretary of the Commonwealth, which application shall
give the name of the applicant, his residence, post-office address,
age and experience in operating machines, and shall be sworn
to before some officer authorized to administer oaths. There
shall be appended to such application a statement, by two rep-
utable citizens, that the applicant is a fit person and is compe-
tent to operate a machine.

On the payment of five dollars ($5.00), the secretary of the
Commonwealth shall issue to such applicant a license and badge,
which license and badge shall be carried by the chauffeur at all
times while operating a machine, the badge to be plainly in evi-
dence upon the lapel of the chauffeur’s coat or on the front part
of the chauffeur’s cap. The form of license shall be prescribed
by the secretary of the Commonwealth.

Sec. 5 (section 2132, revised Code). The fee for the certifi-
cate of registration and license and plate to be paid by the owner
of the machine shall be sixty cents per horse power, the horse
power to be determined by the rating formerly established by
the association of licensed automobile manufacturers and now
known as the standard horse-power formula of the society of
automobile engineers ;

Provided that no fee for an automobile shall be less than ten
dollars ($10.00) per year, and no fee for a motorcycle shall be
less than five dollars ($5.00) per year and two dollars ($2.00)
additional for side car attached, and provided further that in
lieu of the horse-power tax above prescribed, the fee for trucks
shall be fifteen dollars ($15.00) for the first ton capacity and
five dollars ($5.00) additional for each one thousand pounds or
fraction thereof capacity in excess of one ton, and the fee for
trailers shall be ten dollars ($10.00) for the first ton capacity and
three dollars ($3.00): additional for each one thousand pounds
or fraction thereof capacity in excess of one ton; provided that
the carrying capacity and weight of such trucks or trailers,
equipped with two or more solid tires, using the public roads is
hereby limited to twenty-four thousand pounds, nor shall any
such vehicle be operated on such road in which the limit of load
per inch in width of tire shall exceed seven hundred pounds,
rubber tires to be measured between the flanges of the rim, and
the use on the public roads of any truck or trailer exceeding the
weight and capacity hereinbefore prescribed shall be a misde-
meanor and punished by a fine of not less than ten dollars
($10.00) or more than twenty dollars ($20.00). —

One-half of the license fee herein required to be paid by the
owner of a machine shall be collected whenever such license is
issued on or after the first day of September in any year.

These fees shall be paid to the secretary of the Common-
wealth, who shall issue certificates of registration and license
and number plates as provided for in this chapter.

On and after February first in each and every year every
dealer, owner or chauffeur, who shall operate a machine over
the roads or streets of the State, without first obtaining from the
secretary of the Commonwealth a license to operate the same,
and display the license as provided by law, shall be guilty of a
misdemeanor and fined not less than ten dollars ($10.00) nor
more than twenty dollars ($20.00). Each day’s use of the ma-
chine without license shall constitute a separate offense in the
discretion of the magistrate or court trying the case.

Sec. 23 (section 2154, revised Code). All fees and licenses
collected under the provisions of this act shall be paid into the
State treasury, except that the secretary of the Commonwealth
shall deduct therefrom the necessary expenses incident to the
cost of purchasing number plates and mailing the same, and the
expense of necessary clerical assistance. This fund, except as
is otherwise provided in this act, shall constitute a special fund
to be expended under the direction of the State highway com-
missioner for the maintenance or construction of roads and
bridges included in the State highway system, including roads
included in the State highway system, located in incorporated
towns, whose inhabitants, according to the latest United States
census, did not exceed twenty-five hundred, or that portion of
said towns where the houses are at least two hundred feet apart,
provided no greater amounts for construction shall be expended
from the joint State and federal fund per mile than the average
amount expended per mile on roads for five miles outside cor-
porate limits of said towns in either direction, and provided fur-
ther, that no greater amount for maintenance shall be expended
on such roads that was or should be expended on an average per
mile for maintenance on roads for five miles outside of said in-
corporated towns; and provided further, that if, in the opinion
of the highway commissioner, a greater amount than has been
or may be expended per mile for such roads outside of said towns
is necessary for the proper construction and maintenance of
roads within said towns, the towns shall obligate themselves to
meet the excess before any such roads are constructed or main-
tained, in the proportion of sixty-six and two-thirds per centum
for the maintenance of such roads embraced within the State
highway sytsem as may now, or shall hereafter, in the opinion
of the State highway commissioner, be in maintainable condi-
tion, but this shall not apply to toll roads, so long as the toll gates
are maintained thereon, and thirty-three and one-third per
centum for the construction of roads included in the State high-
way system; provided that on and after December thirty-first,
nineteen hundred and twenty-two, all fees collected hereunder
shall be used for maintenance as above prescribed.

Payments for maintenance or construction on the State high-
way system shall be made by warrants drawn on the auditor
of public accounts by the State highway commissioner.