An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1926 |
---|---|
Law Number | 474 |
Subjects |
Law Body
Chap. 474.-An ACT to regulate the operation of vehicles on public highways
to govern and protect pedestrians while using such highways; to provide
penalties for violating the provisions of this act and the disposition of fines
and forfeitures collected hereunder, to make uniform the law relating to the
subject matter of this act, and to repeal all acts or parts of acts inconsistent
with the provisions of this act. {S B 104]
Approved March 25, 1926.
TABLE OF CONTENTS.
TITLE I.—OPERATION OF VEHICLES; RULES OF
THE ROAD.
Section 1. Persons under the influence of intoxicating liquor or
narcotic drugs.
Section 2. Reckless driving.
Section 3. Restrictions as to speed.
Section 4. Railroad warning signals must be obeyed.
Section 5. Vehicles must slow down at certain railway grade
crossings.
Section 6. Speed limits for vehicles regulated according to
weight and tire equipment.
Section 7. Special speed limitation on bridges.
Section 8. When speed limit not applicable.
Section 9. Drive on right side of highway.
Section 10.
roads.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
ways.
Section 22.
vehicle.
Section 23.
Section 24.
Section 25.
Section 26.
vate driveway.
Section 27.
Section 28.
Section 29.
— Section 30.
Section 31.
Section 32.
Section 33.
Section 34.
Section 35.
Keep to the right in crossing intersections on ran-
Meeting vehicles.
Overtaking a vehicle.
Limitations on privilege of overtaking and passing.
Driver to give way to overtaking vehicle.
Following too closely.
Turning around in street.
Turning at intersections.
Signals on starting, stopping or turning.
Right of way.
Exceptions to the right of way rule.
Vehicles must slow down at certain through high-
What to do on approach of police or fire department
Passing street cars.
Driving through safety zone prohibited.
Stopping on highway.
Parking in front of fire hydrant, fire station or pri-
Motor vehicle left unattended. Brakes to be set
and engine stopped.
Driving on steep grades.
Coasting prohibited.
Duty to stop in event of accident.
Duty to’‘report accidents.
Garage keeper to report damaged vehicles.
Drivers of State, county and city vehicles subject to
provisions of the act.
Powers of local authorities.
This act not to interfere with rights of owners or real
property with reference thereto.
TITLE 11—THE SIZE, WEIGHT, CONSTRUCTION
Section 36.
Section 37.
Section 38.
Section 39.
Section 40.
of excess load.
‘Section 41.
Section 42.
Section 43.
Section 44.
Section 45.
Section 46.
Section 47.
AND EQUIPMENT OF VEHICLES.
Scope and effect of regulations in this title.
Size of vehicles and loads.
Flag or light at end of load.
Weight of vehicles and loads.
Peace officer may weigh vehicle and require removal
Permits for excessive size and weight.
When local authorities may decrease weight limits.
Restrictions as to tire equipment.
Trailers and towed vehicles.
Brakes.
Horns and warning devices.
Mirrors.
Section 48.
Windshields on motor vehicles.
Section 49. Prevention of noise, smoke, etcetera; muffler cutouts
regulated.
Section 50. Required lighting equipment of vehicles.
Section 51. Additional permissible lights on vehicles.
Section 52. Requirements as to head lamps.
Section 53. Acetylene lights.
Section 54. Head lamp specifications, test and approval.
Section 55. Head lamp devices must be tested and approved
before sale or use.
Section 56. Retest of approved head lamp devices.
Section 57. Arrest upon charge that approved head lamps are
improperly adjusted or equipped with wrong candle power lamps.
Section 58. Lights on parked vehicles.
Section 59. Red or green light visible from in front of vehicle
prohibited.
Section 60. Signal devices.
Section 61. Retest of approved signal devices.
TITLE TI.—HIGHWAY TRAFFIC SIGNS.
Section 62.
Section 63.
Section 64.
Section 65.
Section 66.
Section 67.
Section 68
Section 69.
Uniform marking and signing of highways.
Local traffic signs.
Other than official signs prohibited.
Injuring signs.
TITLE IV.—PENALTIES.
Penalties for misdemeanors.
Penalty for reckless driving.
Penalty for failure to stop in event of accident.
Penalty for felony.
TITLE V.—PROCEDURE UPON ARREST, REPORT,
DISPOSITION OF FINES AND FORFEITURES.
Section 70. Appearance upon arrest for misdemeanor.
Section 71.
Section 72.
Section 73.
Section 74.
Section 75.
Section 76.
Definitions.—The followin
act shall for the purpose of this act have the meanings respectively
Report of convictions to be sent to department.
Fines and forfeitures.
TITLE VI.—PEDESTRIANS.
Rules governing use of highways by pedestrians.
TITLE VIIL—INTERPRETATION.
Uniformity in interpretation.
Short title.
Repeal.
words and phrases when used in this
ascribed to them in this section except in those instances where the
context clearly indicates a different meaning:
(a) ‘“Vehicle.’-—Every device in, upon or by which any person
or property 1s or may be transported or drawn ‘upon a public high-
way, excepting devices moved by human power or used exclusively
upon stationary rails or tracks; provided, that for the purposes of this
act, a bicycle shall be deemed a vehicle.
(b) ‘Motor vehicle.’-—Every vehicle, as herein defined, which is
self-prepelled.
(c) ‘‘Motorcycle.'’-—Every motor vehicle designed to travel on
not more than three wheels in contact with the ground, except any
such as may be included within the term ‘tractor’ as herein de-
ned.
(d) “Tractor truck.’’-—Every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load
so drawn.
(e) “Farm tractor."—Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines
and other implements of husbandry.
(f) ‘Road tractor.”—Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any load
thereon either independently or any part of the weight of a vehicle or
load so drawn.
(g) ‘Trailer.""—Every vehicle without motive power designed
for carrying property or passengers wholly.on its own structure and
for being drawn by a motor vehicle.
(h) ‘‘Semi-trailer.”. Every vehicle of the trailer type so de-
signed and used in conjunction with a motor vehicle that some part
of its own weight and that of its own load rests upon or is carried by
another vehicle.
(i) ‘‘Pneumatic tires.’-—All tires inflated with compressed air.
(j) ‘Solid rubber tire.”” Every tire made of rubber other than a
pneumatic tire.
(k) ‘Metal tires.’’—All tires the surface of which in contact with
the highway is wholly or partly of metal or other hard, non-resilient
material.
(1) ‘‘Person.”"—Every natural person, firm, co-partnership, asso-
ciation or corporation, whether acting by themselves or by a servant,
agent or employee.
(m) ‘“Owner.’’—A person who holds the legal title of a vehicle
or in the event a vehicle is the subject of an agreement for the condi-
tional sale or lease thereof with the right of purchase upon perform-
ance of the conditions stated in the agreement and with an immediate
right of possesion vested in the conditional vendee or lessee, or in the
event a mortgager of a vehicle is entitled to possession then such con-
ditional vendee or lessee or mortgager shall be deemed the owner, for
the purpose of this act.
(n) “Highway.’’—Every way or place of whatever nature open
to the use of the public for the purpose of vehicular travel.
(o) ‘‘Pedestrian.’’ Shall include and mean any person walking
afoot, and not, at the moment, a passenger within a vehicle or street
Car. .
(p) ‘‘Private road or driveway.’’—Every road or driveway not
open to the use of the public for the purpose of vehicular travel.
(q) ‘“‘Intersection.""—The area embraced within the prolonga-
tion of the lateral curb lines, or if none, then the lateral boundary
lines of two or more highways, which join one another at an angle,
whether or not one such highway crosses the other.
(r) ‘‘Safety zone.’”-—An area or space officially set aside within
a highway, for the exclusive use of pedestrians, and which is soa
plainly marked or indicated by proper signs as to be plainly visible
at all times while set apart as a safety zone.
(s) ‘Crossing’? and or ‘‘crosswalks’’ shall include and mean
that part of a street connecting sidewalks at or near street inter-
sections, and the most direct route from curb to curb at street inter-
sections, and at such other places as may be indicated by lines drawn
or marked upon the highway.
(t) ‘‘Business district.”—The territory contiguous to a highway
when seventy-five per centum or more of the frontage thereon for a
distance of three hundred feet or more, is occupied by buildings in
use for business purposes.
(u) ‘Residence district.’"—The territory contiguous to a high-
way, not comprising a business district, when seventy-five per centum
or more of the frontage thereon for a distance of three hundred feet
or more is mainly occupied by dwellings, or by dwellings and buildings
in use for business purposes.
(v) ‘‘Department.’”’—The motor vehicle department of this State,
acting directly, or through its duly authorized officers and agents.
(w) ‘Reckless driving.”—Shall mean the operation of a vehicle
in a manner potentially offering harm, or injury or damage to any
person, property, or thing, as a result of the act itself, or in combina-
tion with circumstances, conditions and acts of others.
(x) ‘Right of way.’’—Shall mean the right of a pedestrian, or
vehicle to proceed uninterruptedly in a lawful manner, in preference
or priority to another pedestrian or vehicle approaching in another
direction.
(y) ‘Traffic.”’—Shall mean the orderly use of streets by -pedes-
trians and vehicles, both singly and together.
(z) Whenever herein, any regulation is imposed upon a “‘ vehicle”’
it shall be construed to refer to the driver or operator thereof, when
such reference would be applicable.
(aa) ‘‘Local authorities.”—Shall mean and include every county,
city, town, or other local board or body, having authority to adopt
local police regulations, under the Constitution and laws of this State.
(bb) ‘‘Commissioner.’’-—Shall mean the motor vehicle com-
missioner of this State.
(cc) ‘‘Passenger motor bus.’’—Shall mean every vehicle running
upon a fixed schedule, engaged in carrying passengers, and having a
seating capacity of six (6) or more persons.
(dd) ‘‘Taxicab.’-—Shall mean a public passenger vehicle,
designed and advertised by its manufacturer as a taxicab, and so
constructed as to separate its driver from its passengers by a glass
partition, and which said vehicle shall be equipped with a mechanical
instrument, or device, commonly known as a taximeter.
(ee) “‘For-hire car.’’-—Shall mean a public passenger vehicle,
offered for hire, and not conforming to the definition of a taxicab
or passenger motor bus as herein defined.
TITLE I1—OPERATION OF VEHICLES; RULES OF
THE ROAD
Section 1. Persons under the influence of intexicating liquor, or
narcotic drugs.—It shall be unlawful, and punishable as provided in
section twenty-five (25) of chapter four hundred and seven (407)
of the acts of assembly, nineteen hundred and twenty-four, as
amended, for any person, whether licensed or not, who is an habitual
user of narcotic drugs, or any person who is intoxicated, or under
the influence of intoxicating liquor or narcotic drugs, to drive any
vehicle upon any highway in this State.
Section 2. Reckless driving.—Any person who drives a vehicle
upon a highway recklessly, or at a speed or in a manner so as to
endanger, or be likely to endanger life, limb or property of any
person shall be guilty of reckless driving and punished as provided
in section sixty-eight of this act.
Section 3. Restrictions as to speed.—(a) Any person driving
a vehicle on a highway shall drive the same at a careful and prudent
speed not greater nor less than is reasonable and proper, having due
regard to the traffic, surface and width of the highway and of any
other conditions then existing. And any person who shall drive any
vehicle upon a highway at such speed as to endanger the life, limb
or property of any person, or so as to unnecessarily block, hinder or
retard the orderly and safe use of the highway by those following, shall
be prima facie guilty of reckless driving.
(b) Subject to the provisions of sub-division (a) of this section
and except in those instances where a lower speed is specified in this
act,'it shall be prima facie lawful for the driver of any vehicle, save
and except only a passenger motor bus, to drive the same at a speed
not exceeding the following:
1. Fifteen miles an hour when passing a school during recess or
while children are going to or leaving school during its opening and
closing hours.
2. Fifteen miles an hour in a business district, as defined herein.
3. Twenty-five miles an hour in a residence district, as defined
herein.
4. Thirty-five miles an hour under all other conditions.
5. Sub-division one and two inclusive, of this sub-division shall
apply alike to passenger motor busses, except in sub-division (b)
hereof. But, the provisions of sub-divisions three and four hereof
are reduced by five miles per hour in their reference to passenger
motor busses.
Any bus lines now in operation whose schedule requires a violation
of the speed limits as herein provided, shall be submitted to the State
corporation commission for revision and approval, and all schedules
hereafter made shall conform to said speed limits.
Continued operation of passenger motor bus lines upon schedules
obviously in conflict with this section, and upon schedules potentially
likely to involve a violation of this section shall be construed to
impute the ownership as well as the drivers or chauffeurs of such
vehicles, and shall be punished as provided in this act.
(c) Reckless driving within the meaning of this section shall be
deemed to include the following offences, which are expressly pro-
hibited:
1. Driving a vehicle when not under complete control, or with
inadequate or improperly adjusted brakes.
2. Driving to the left of the center of the street, except upon
one way streets.
3. Passing or attempting to pass two other vehicles abreast,
moving in the same direction.
4. Violating the provisions of the right of way laws, as set out
in section nineteen hereof.
5. Failure to give adequate and timely signals of intention to
turn or partly turn, slow down or stop.
6. Exceeding a reasonable speed under the circumstances and
traffic conditions obtaining at the time.
7. Passing other vehicles going in the same direction while
crossing an intersection, or while pedestrians are passing or about
to pass in front of either of such vehicles.
8. Driving a vehicle out of an alley, lane or building or across
a sidewalk into a street, without first bringing such vehicle to a
speed of five miles per hour.
9. Making a left turn without passing the right of the center
point of the intersection, whether marked or not, and without first
signaling his intention so to turn.
' 10. Making a right turn without keeping close to the curb, and
without first signaling his intention so to turn.
Section 4. Railroad warning signals must be obeyed.—It shall
be unlawful and constitute a misdemeanor for any person driving a
vehicle to fail to obey a clearly visible or audible crossing signal at a
highway and interurban or steam railway grade crossing which signal
gives warning of the immediate approach of a railway train.
Section 5. Vehicles must slow down at certain steam railway
grade crossings.—(a) Except in cities and incorporated towns it
shall be the duty of every person driving any vehicle on a public
highway, on approaching a place where a railway crosses such public
highway at grade, at which crossing no railway gates are maintained
or no flagman is stationed and on duty at the time, to bring his vehicle
to a speed not exceeding five miles per hour before passing over such
crossing, at a distance of not less than fifty feet, from the nearest
rail of such railway tracks. Provided, that such person shall stop
at such crossing where gates are maintained when such gates are
closed down, or being lowered, and where a flagman is stationed and
on duty at the time, whenever signaled to stop by such flagman;
provided that this section shall not apply to any public railway
crossing at grade on railway lines on which only purely local trains
are operated.
(b) The provisions of this section shall not change or alter in
any manner the existing laws as to the duty or lability of railway
companies for damages to persons or property, and failure to comply
with the provisions of this section on the part of the driver of the
vehicle shall not be considered contributory negligence in an action
against the railway company for damage to persons or property,
whether the same be injury to the person or property of the driver
or any other person. And it shall not be necessary to establish the
fact that the driver complied with the provisions of this section in
order to recover in any action for damages to persons or property
against a railway company.
(c) Except in cities and incorporated towns it shall be the duty
of steam railway companies to erect and maintain, at every point
where a public highway crosses such railway at grade, and on which
line trains other than purely local trains are operated, a sign, visible
for one hundred feet on each side of its tracks with the words, ‘‘Slow
down, five miles—Va. law,’’ in letters at least six inches in height,
painted in black upon a white background. Such signs shall be
rectangular in shape, and of sufficienteheight to carry in two lines the
words above required, and shall be of proportionate length.
(d) Whenever, in the opinion of the State corporation com-
mission, after giving notice and hearing as prescribed by law, the
public interest requires that a gate be erected or maintained, or a
flagman stationed at any highway crossing within five miles of the
corporate limits of any incorporated city or town of this Common-
wealth, it shall give the superintendent or manager of the railroad
written notice that the same is required; and the company shall,
within the time prescribed by the commission, erect and maintain
at such crossing the character of gate directed by the commission,
and keep a man in charge of the same during such hours as the com-
mission may designate, or keep a flagman at such crossing during
such hours as it may require. And the said commission may authorize
the discontinuance of such gate or flagman whenever, in its judgment,
the public interest no longer requires the same; and provided, how-
ever, that nothing herein contained shall affect any such gates or
flagman heretofore established or maintained by agreement.
Section 6. Speed limit for motor trucks, regulated according to
manufacturer’s rated capacity and tire equipment.—The speed limit
for motor trucks shall be based upon the manufacturer’s rated
capacity and tire equipment, and shall be as follows:
(a) Motor trucks of rated capacity up to but not exceeding one
and one-half tons, and equipped with pneumatic tires, may operate
at the speed limits imposed by section three of this act.
(b) Motor trucks of rated capacity not exceeding one and one-
half tons, but not equipped with pneumatic tires, and motor trucks
of rated capacity exceeding one and one-half tons, but not exceeding
three and one-half tons, may operate at a speed not greater than two-
thirds of the limits imposed in section three of this act.
(c) Motor trucks of rated capacity exceeding three and one-
half tons may be operated at a speed not greater than one-half the
limits imposed by section three of this act.
Section 7. Special speed limitation on bridges.—It shall be un-
lawful to drive any vehicle upon any public bridge, causeway or
viaduct at a speed which is greater than the maximum speed which
can with safety to such structure be maintained thereon, when such
structure is sign-posted as provided in this section.
The State highway commission upon request, or upon its own
Initiative may, conduct an investigation of any public bridge, cause-
way or viaduct, and the commission shall determine and declare the
maximum speed of vehicles which such structure can withstand, and
shall cause or permit suitable signs stating such maximum speed
to be erected and maintained at a distance of one hundred feet beyond
each end of such structure. The findings and determination:of the
commission shall be conclusive evidence of the maximum speed which
can with safety to any such structure be maintained thereon.
' Section 8. When speed limit not applicable-—The speed limita-
tions set forth in this act shall not apply to vehicles when operated
with due regard for safety under the direction of the police in the
chase or apprehension of violators of the law or of persons charged
with or suspected of any such violation, nor to fire department vehicles
when traveling in response to a fire alarm nor to county or municipal
ambulances when traveling in emergencies. This exemption shall
not however protect the driver of any such vehicle from the con-
sequence of a reckless disregard of the safety of others.
Section 9. Drive on right side of highways.—Upon all Highways
of sufficient width the driver of a vehicle shall drive the same upon
the right half of the highway and as closely as possible to the right
hand edge or curb of such highway, unless it is impracticable to travel
on such side of the highway and except when overtaking and passing
another vehicle subject to the limitations applicable in overtaking
and passing set forth in sections twelve and thirteen of this act.
Section 10. Keep to the right in crossing intersections or rail-
roads.—In crossing an intersection of highways or the intersections
of a highway by a railroad right of way, the driver of a vehicle shall
at all times cause such vehicle to travel on the right half of the high-
way unless such right side is obstructed or impassable.
Section 11. Meeting of vehicles.—Drivers of vehicles proceeding
in opposite directions shall pass each other to the right, each giving
to the other, as nearly as possible, one-half of the main traveled portion
of the roadway.
Section 12. Overtaking a vehicle—(a) The driver of any vehicle
overtaking another vehicle proceeding in the same direction shall
pass at least two feet to the left thereof, and shall not again drive to
the right side of the highway until safely clear of such overtaken
vehicle.
(b) The driver of an overtaking motor yehicle outside of a
business or residence district as herein defined shall give audible
warning with his horn or other warning device before passing or
attempting to pass a vehicle proceeding in the same direction.
Section 13. Limitations on privilege of overtaking and passing.—
(a) The driver of a vehicle shall not drive to the left side of the
center line of a highway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly visible
and is free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be made in safety, and such over-
taking vehicle shall give way to an oncoming vehicle.
(b) The driver of a vehicle shall not overtake and pass another
vehicle proceeding in the same direction upon the crest of a grade
or upon a cruve in the highway where the driver’s view along the
highway is obstructed.
(c) The driver of a vehicle shall not overtake and pass any
other vehicles proceeding in the same direction at any steam or electric
railway grade crossing, nor at any intersection of highways unless
permitted so to do by a traffic or police officer.
Section 14. Driver to give way to overtaking vehicle.—The
driver of a vehicle about to be overtaken and passed by another
vehicle approaching from the rear at a lawful rate of speed shall
give way to the right in favor of the overtaking vehicle on suitable
and audible signal being given by the driver of the overtaking vehicle,
and shall not increase the speed of his vehicle until completely passed
by the overtaking vehicle.
Section 15. Following too closely—(a) The driver of a motor
vehicle shall not follow another vehicle more closely than is reason-
able and prudent, having due regard to the speed of both vehicles
and the traffic upon, and conditions of, the highway at the time. |
(b) The driver of any motor truck drawing a trailer shall not
follow another truck drawing a trailer within two hundred feet when
upon any public highway outside of a business or residence district.
Section 16. Turning around in street.—The driver of a vehicle
within business districts, cities or towns shall not turn such vehicles
so as to proceed in the opposite direction except at an intersection of
public highways.
Section 17. Turning at intersection.—(a) Drivers of vehicles in
turning to the right shall keep as closely as practicable to the right-
hand curb or edge, and when turning to the left shall pass beyond the
center of the intersection, as closely as practicable to the right thereof
before turning such vehicle to the left. -
For the purpose of this section the center of the intersection shall
mean the meeting point of the medial lines of the highways inter-
secting one another.
(b) Local authorities in their respective jurisdiction may modify
the foregoing method of turning at intersections by clearly indicating
by buttons, markers or other direction signs within an intersection
the course to be followed by vehicles turning thereat, and it shall be
unlawful for any driver to fail to turn in a manner as so directed
when such direction signs are authorized by local authorities.
Section 18. Signals on starting, stopping or turning.—(a) The
driver of any vehicle upon a highway before starting, stopping or
turning from a direct line shall first see that such movement can be
made in safety and whenever the operation of any other vehicle
may be affected by such movement shall give a signal as required
in this section plainly visible to the driver of such other vehicle of
his intention to make such movement. And all signals given or
made as herein required shall be given only by the driver.
(b) The signal herein required shall be given by means of the
hand and arm in the manner herein specified except when a vehicle
is so constructed or loaded as to prevent the hand and arm signal
from being visible both to the front and rear in which event the signal
shall be given by a device of a type which has been approved by the
department.
Whenever the signal is given by means of the hand and arm, the
driver shall indicate his intention to start, stop, or turn or partly
turn by extending the hand and arm from and beyond the left side
of the vehicle, in the manner following:
(c) For left turn, or to pull to the left, the arm shall be ex-
tended in a horizontal position straight from and level with the
shoulder.
(d) For right turn, or to pull to the right, the arm shall be
extended upward.
(e) For slowing down or to stop, the arm shall be extended
downward. .
(f) Such signals shall be given at least fifty (50) feet before
slowing down, stopping, turning, partly turning, or materially altering
the course of the vehicle, and the presence and use of a “stop light,”’
or other electrical indication, not plainly simulating the hand and arm
signals provided herein, shall not relieve the driver of the necessity
for the use of and the giving of the signals herein contained.
(g) Drivers having once given a hand signal must continue the
course thus indicated unless they alter the original signal and take
care that drivers of vehicles and pedestrians have seen and are aware
of the change.
(h) Drivers receiving a signal from another driver shall keep
their vehicles under complete control, and shall be able to avoid
an accident resulting from a misunderstanding of such signal.
(i) Drivers of vehicles, standing or stopped at the curb or edge
before moving such vehicle, shall give signals of their intention to
move into traffic.
Section 19. Right of way.—(a) When two vehicles approach
or enter an intersection at approximately the same time, the driver
of the vehicle on the left shall yield the right of way to the vehicle
on the right except as otherwise provided in section twenty. The
driver of any vehicle traveling at an unlawful speed shall forfeit
any right of way which he might otherwise have hereunder. .
(b) The driver of a vehicle approaching but not having entered
an intersection shall yield the right of way to a vehicle within such
intersection and turning therein to the left across the line of travel
of such first mentioned vehicle, provided the driver of the vehicle
turning left has given a plainly visible signal or intention to turn left.
as required in section eighteen.
(c) The driver of any vehicle upon a highway within a business
or residence district shall yield the right of way to a pedestrian
crossing such highway within any clearly marked crosswalk or any
regular pedestrian crossing included in the prolongation of the lateral
boundary lines of the adjacent sidewalk at the end of a block, except
at intersections where the movement of traffic is being regulated by
traffic officers or traffic direction devices. Every pedestrian crossing
a highway within a business or residence district at any point other
than a pedestrian crossing, crosswalk or intersection shall yield the
right of way to vehicles upon the highway. |
Section 20. Exception to the right of way rules.—(a) The
driver of a vehicle entering a public highway from a private road
or drive way shall slow down to five miles an hour and shall yield
the right of way to all vehicles approaching on such public highway.
(b) The driver of every vehicle upon a highway shall yield
the right of way to police and fire department vehicles when the latter
are operated upon official business and the drivers thereof sound
audible signal by siren or exhaust whistle. This provision shall
not operate to relieve the driver of a police or fire department vehicle
from the duty to drive with due regard for the safety of all persons
using the highway nor shall it protect the driver of any such vehicle
from the consequence of an arbitrary exercise of such right of way.
Section 21. Vehicles must slow down at certain through high-
ways.—The State highway commission, with reference to State high-
ways and local authorities with reference to highways under their
jurisdiction, are hereby authorized to designate main traveled or
through highways by erecting at the entrances thereto from inter-
secting highways signs notifying drivers of vehicles to slow down to
five miles per hour or a designated rate of speed before entering or
crossing such designated highway, and whenever any such signs have
been so erected it shall be unlawful for the driver of any vehicle to
fail to slow down or observe the designated rate of speed, in obedi-
ence thereto.
Section 22. What to do on approach of police or fire department
vehicle.—(a) Upon the approach of any police or fire department
vehicle giving audible signal by siren or exhaust whistle, the driver
of every other vehicle shall immediately drive the same to a position
at or near as possible and parallel to the right hand edge or curb, clear
of any intersection of highways, and shall stop and remain in such
position unless otherwise directed by a police or traffic officer until
the police or fire department vehicle shall have passed.
(b) It shall be unlawful for the driver of any vehicle other than
one on official business to follow any fire apparatus traveling in
response to a fire alarm closer than one block or to drive into or
park such vehicle within the block where fire apparatus has stopped
In answer to a fire alarm.
Section 23. Passing street cars.—(a) The driver of a vehicle
overtaking any railway, interurban or street car stopped or about to
stop for the purpose of receiving or discharging any passenger shall
bring such vehicle to a full stop not closer than ten feet to the
nearest exit of such street car and remain standing until such pas-
senger has boarded such car or reached adjacent sidewalk except
that where a safety zone has been established a vehicle may be
driven past any such railway, interurban or street car with due
regard and caution for the safety of pedestrians.
Section 24. Driving through safety zone prohibited.—The driver
of a vehicle shall not, at any time drive through or over a safety zone
as defined in section seventy-four of this act.
Section 25. Stopping on highway.—(a) No vehicle shall be
stopped in such manner as to impede or interfere with or render
dangerous the use of the highway by others; and, except upon one
way streets, as provided in this article, no vehicle shall be stopped
except close to the right hand curb.
(b) No person shall leave standing any vehicle, attended or
unattended, upon the paved, improved or main traveled portion of
any highway, outside of a business or residence district, when it 1s
practicable to leave such vehicle standing off of the paved, improved
or main traveled portion of such highway.
(c) No vehicle shall be stopped with its left side to the curb,
except upon one way streets.
(d) No vehicle shall be backed up to a curb, except during the
time actually engaged in loading or unloading merchandise there-
from.
(e) Unless in an emergency or to allow another vehicle or
pedestrians to cross in front, no vehicle shall be stopped in any
street except close to and parallel with the curb, and in no instance
shall such vehicles be parked less than four feet apart, nor with the
near wheels further than six inches from the curb.
(f) Vehicles shall not be stopped in such manner as to block or
obstruct the orderly and lawful passage of other traffic, nor upon
any crossing nor between a safety zone and curb, nor within fifteen
feet of the ends of any obstruction opposite the vehicle. Vehicles
stopped two or more abreast, parallel with the curb, shall be deemed
to obstruct traffic, and in violation hereof.
(g) Stopping a vehicle at any time, upon any highway, for the
purpose of advertising any article of any kind, or displaying there-
upon advertisements of any article, or advertisement for sale of the
vehicle itself, is prohibited.
(h) However, if any officer charged with the enforcement of this
act shall find a vehicle standing upon a highway in violation of the
provisions of this section, he is hereby authorized to move or cause
such vehicle to be moved.
(i) The driver of any vehicle which is temporarily disabled
while on the paved surface of a highway shall remove same as ex-
peditiously as conditions and circumstances may permit.
Section 26. Parking in front of fire hydrant, fire station or
private driveway.—No person shall park a vehicle or permit it to
stand, whether attended or unattended, upon a highway in front of a
private driveway or within fifteen feet in either direction of a fire
hydrant or the entrance to a fire station nor within twenty feet from
the intersection of curb lines or if none, then within fifteen feet of
the intersection of property lines at an intersection of highways.
Section 27. Motor vehicles left unattended. Brakes to be set
and engine stopped.—No person having control or charge of a motor
vehicle shall allow such vehicle to stand on any highway unattended
without first effectively setting the brakes thereon and stopping the
motor of said vehicle and when standing upon any grade without turn-
ing the front wheels of such vehicle to the curb or side of the highway.
Section 28. Driving on steep grades.—The driver of a motor
vehicle traversing defiles, canyons or mountain highways shall hold
such motor vehicle under control and as near the right-hand side of
the highway as reasonably possible. .
Section 29. Coasting prohibited.—The driver of a motor vehicle
when traveling upon a down grade upon any highway shall not coast
with the gears of such vehicle in neutral.
Section 30. Duty to stop in event of accident.—(a) The driver
of any vehicle involved in an accident resulting in injuries or death
to any person or damage to property shall immediately stop such
vehicle at the scene of such accident and any person violating this
provision shall upon conviction be punished as provided in section
sixty-nine of this act.
(b) The driver of any vehicle involved in any such accident
shall also give his name, address, chauffeur’s license number and the
registration number of his vehicle to the person struck or the driver
or occupants of any vehicle collided with and shall render to any
person injured in such accident reasonable assistance, including the
carrying of such person to a physician, surgeon or hospital for medical
or surgical treatment if it is apparent that such treatment is necessary
or is requested by the injured person and it shall be unlawful for
any person to violate this provision.
Section 31. Duty to report accident.—The driver of any vehicle
involved in an accident resulting in injuries or death to any person
or property damage to an apparent extent of ten dollars or more
shall within twenty-four hours forward a report of such accident
to the clerk of the circuit court of the county wherein the accident
occurred or to the department; except that when such accident
occurs within an incorporated city or town such report shall be made
within twenty-four hours to the police headquarters in such city or
town.
Section 32. Garage keeper to report damaged vehicles.—The
person in charge of any garage or repair shop to which is brought
any motor vehicle which shows evidence of having been involved in
a serious accident or struck by a bullet shall report to the nearest
police station or sheriff's office or resident representative of the
motor vehicle commissioner within twenty-four hours after such
motor vehicle is received giving the engine number, registration
number and the name and address of the owner or operator of such
vehicle if known.
Section 33. Drivers of State, county and city vehicles subject
to provisions of the act.—The provisions of this act applicable to
the drivers of vehicles upon the highways shall apply to the drivers
of all vehicles owned or operated by the State or any political sub-
division thereof or of any city, town or district subject to such specific
exceptions as are set forth in this act.
Section 34. Powers of local authorities.—Local authorities except
as expressly authorized by sections three and twenty-one shall have
no power or authority to decrease any speed limitation declared in this
act or to enact or enforce any rule or regulations contrary to the
provisions of this act, except that local authorities shall have power
to provide by ordinance for the regulation of trafic by means of
traffic officers or semaphores or other signaling devices on any portion
of the highway where traffic is heavy or continuous, or where in their
judgment conditions may require, and may prohibit other than one
way traffic upon certain highways and may regulate the use of the
highways by processions or assemblages.
Local authorities may also, when and where conditions require:
(a) Adopt any such regulations not in conflict with the pro-
visions of this act, as the proper local authority shall deem advisable
and necessary; and repeal, amend or modify any such regulation;
provided, however, that such regulations, laws, or rules shall not
be deemed to be violated, if, at the time of the alleged violation the
designation placed in conformity with this paragraph was missing,
effaced, mutilated or defaced, so that an ordinary observant person,
under the same.circumstances would not be apprised of or aware of
the existence of such rule.
(b) Officers of the Jaw, authorized or permitted under this act,
shall by voice, hand or signal, direct all traffic, but shall not forbid
or prevent anyone from proceeding or standing in a manner per-
mitted or required by law.
(c) Signals by traffic officers: Signals by traffic officers shall be
as follows:
(1) By hand; to stop traffic: stand with shoulders parallel with
moving traffic, and with arm raised forty-five degrees above shoulder
toward moving lines of traffic, hand extended, palm toward traffic
to be stopped. Repeat movement with other hand to stop traffic
in opposite direction.
By hand: to move traffic: stand so that shoulders are parallel
to line of traffic to be moved. Extended right arm and hand full
length, height of shoulder toward said traffic, fingers extended and
joined, palm downward; bring hand sharply in direction traffic 1s to
move. Face about and repeat the same movement to move traffic
proceeding from opposite direction.
(2) By whistle: one blast—moving traffic to stop;
Two blasts—traffic in opposite direction to move;
Three or more short blasts— to warn of approach of fire apparatus,
or of an emergency, when all traffic shall immediately clear the inter-
section and stop.
By lights or semaphores:
Red indicate that traffic then moving shall stop and remain
stopped as long as the red signal is shown.
Green indicates that traffic shall then move in the direction of the
signal, and remain in motion as long as the green signal is given.
Amber indicates that a change is about to be made in the directions
of the movement of traffic. When the amber signal is shown traffic
which has not already entered the intersection, including the cross-
walks, shall stop, but, that which has entered the intersection shall
continue to move until the intersection has been entirely cleared.
When semaphores are not in operation the use of an amber light
indicates need for caution.
TITLE WI—THE SIZE, WEIGHT, CONSTRUCTION AND
EQUIPMENT OF VEHICLES
Section 36. Scope and effect of regulations in this title—It
shall be unlawful and constitute a misdemeanor for any person to
drive or move or for the owner to cause or knowingly permit to be
driven or moved on any highway any vehicle or vehicles of a size or
gross weight exceeding the limitations stated in this title or any
vehicle or vehicles which are not so constructed or equipped as
required in this title or the rules and regulations of the department
adopted pursuant thereto and the maximum size and weight of
vehicles herein specified shall be lawful throughout this State,
and local authorities shall have no power or authority to alter said
limitations except as express authority may be granted in this act.
Section 37. Size of vehicles and loads.—(a) No vehicle shall
exceed a total outside width, including any load thereon, in excess
of ninety-six inches, excepting that farm tractors shall not exceed
one hundred and eight inches, and excepting, further, that the
limitations as to size of vehicles stated in this section shall not apply
to implements of husbandry temporarily propelled or moved upon
the public highway.
(b) No vehicle unladen or with load shall exceed a height of
twelve feet, six inches.
(c) No vehicle shall exceed a length of thirty feet, and no com-
bination of vehicles coupled together shall exceed a total length of
eighty-five feet. .
(d) No train of vehicles or vehicle operated alone shall carry
any load extending more than three feet beyond the front thereof.
(e) No passenger vehicle shall carry any load extending beyond
the line of the fenders on the left side of such vehicle nor extending
more than six inches beyond the line of the fender on the right side
thereof.
Section 38. Flag or light at end of load.—Whenever the load on
any vehicle shall extend more than four feet beyond the rear of the
bed or body thereof, there shall be displayed at the end of such load
in such position as to be clearly visible at all times from the rear
of such load, a red flag nor less than twelve inches both in length and
width, except that between one-half hour after sunset and one-half
hour before sunrise, there shall be displayed at the end of any such load
a red or amber light plainly visible under normal atmospheric con-
ditions at least two hundred feet from the rear of such vehicle.
Section 39. Weight of vehicles and loads.—No load hauled in
any vehicle, however drawn or propelled in, over or upon any of the
public highways within this State, shall exceed five tons or ten
thousand pounds in weight, nor shall the weight of the vehicle itself
exceed the same limits.
Section 40. Officers may weigh vehicle and require removal of
excess load.—Any officer authorized to enforce the law under this
act, having reason to believe that the weight of a vehicle and load
is unlawful is authorized to weigh the same either by means of loado-
meters or scales and may require that such vehicle be driven to the
nearest scales in the event such scales are within two miles. The
officer may then require the driver to immediately unload such portion
of the load as may be necessary to decrease the gross weight of such
vehicle to the maximum therefor specified in this act.
Section 41. Permits for excessive size and weight.—The State
highway commission and local authorities in their respective juris-
dictions may, in their discretion, upon application in writing and good
cause being shown therefor, issue a special permit in writing author-
izing the applicant to operate or move a vehicle upon the highways
of a size or weight exceeding the maximum specified in this act.
Every such permit shall be issued for a single trip and may designate
the route to be traversed and contain any other restrictions or con-
ditions deemed necessary by the body granting such permit. Every
such permit shall be carried in the vehicle to which it refers and shall
be open to inspection by any such officer, and it shall be misdemeanor
for any person to violate any of the terms or conditions of such special
permit.
Section 42. When local authorities may decrease weight limits.—
Local authorities may by ordinance decrease the permissible weight
limit herein specified for vehicles and loads for a total period not to
exceed ninety days in any one calendar year when operated or moved
upon any highway which by reason of deterioration, rain, snow or
other climatic conditions will be seriously damaged unless such weights
are reduced. The local authority enacting any such ordinance or
regulation shall cause or permit to be erected any maintained signs
stating the lawful weight specified in such ordinance or regulation
at each end of that portion of any highway upon which the permissible
weight is so decreased, and no such ordinance or regulation shall be
effective until such signs are‘erected.
Section 43. Restrictions as to tire equipment.—(a) Every solid
rubber tire on a vehicle moved on any highway shall have rubber
on its entire traction surface at least one inch thick above the edge of
the flange of the entire periphery.
(b) No tire on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat or spike or any other pro-
tuberance of any material other than rubber, which projects beyond
the tread of the traction surface of the tire, except that it shall be
permissible to use farm machinery having protuberance which will
not seriously injure the highway, and to use tire chains of reasonable
proportions when required for safety because of snow, ice or other
conditions tending to cause a vehicle to slide or skid.
(c) The State highway commission and local authorities in their
respective jurisdictions may, in their discretion, issue special permits
authorizing the operation upon a highway of traction engines or
tractors having movable tracks with transverse corrugations upon the
periphery of such movable tracks.
Section 44. Trailers and towed vehicles.—(a) No motor vehicle
shall be driven upon any highway drawing or having attached thereto
more than one other vehicle, except that a motor vehicle with semi-
trailer may draw in addition thereto one other vehicle.
(b) The draw bar or other connection between any two vehicles,
one of which is towing or drawing the other on a highway, shall not
exceed fifteen feet in length from one vehicle to the other. When-
ever such connection consists of a chain, rope, or cable, there shall
be displayed upon such connection a red flag, or cloth, not less than
twelve inches both in length and width.
Section 45. Brakes.—Every motor vehicle when operated upon a
highway shall be equipped with brakes adequate to control the move-
ment of and tostopsuch vehicle or vehicles, and such brakes shall be
maintained in good working order and shall conform to regulations
to be promulgated by the commissioner.
Section 46. Horns and warning devices.—(a) Every motor ve-
hicle when operated upon a highway shall be equipped with a horn
in good working order capable of emitting sound audible under nor-
mal conditions over a distance of not less than two hundred feet; and
it shall be unlawful for any vehicle to be equipped. with or for any
person to use upon a vehicle any siren, exhaust, compression or
spark plug whistle or for any person at any time to use a horn other-
wise than as a reasonable warning or to make any unnecessary or
unreasonably loud or harsh sound by means of a horn or other warn-
ing device.
(b) Every police and fire department vehicle and every ambu-
lance used for emergency calls shall be equipped with a siren or ex-
haust whistle of a type not prohibited by the department.
Section 47. Mirrors.—All motor vehicles so constructed or loaded
as to prevent the driver from obtaining a view of the highway to the
rear shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.
Section 48. Windshields on motor vehicles.—It shall be unlawful
for any person to drive any vehicle upon a highway with any sign,
poster or other non-transparent material upon the front windshield,
side wings, or rear windows of such motor vehicle other than a cer-
tiicate or other paper required to be so displaved by law.
Section 49. Prevention of noise, smoke, etcetera, muffler cutouts
regulated.—(a) No person shall drive a motor vehicle on a highway
unless such motor vehicle is equipped with a muffler in good working
order and in constant operation to prevent excessive or unusual noise,
annoying smoke and the escape of excessive gas, steam or oil. All
exhaust pipes carrying exhaust gases from the motor shall be directed
parallel with the ground or slightly upward. ee
(b) It shall be unlawful to use a ‘‘muffler cut-out’ on any motor
vehicle upon a highway.
(c) No vehicle shall be driven or moved on any highway unless
such vehicle is so constructed as to prevent its contents from drop-
ping, sifting, leaking, or otherwise escaping therefrom.
Section 50. Required lighting equipment of vehicles —(a) When
vehicles must be equipped. Every vehicle upon a highway within
this State during the period from a half hour after sunset to a half
hour before sunrise and at any other time when there is not sufficient
light to render clearly discernible any person on the highway at a dis-
tance of two hundred feet ahead, shall be equipped with lighted front
and rear lamps as in this section respectively required for different
classes of vehicles and subject to exemption with reference to lights
on parked vehicles as declared in section fifty-eight.
(b) Head lamps on motor vehicles.—Every motor vehicle other
than a motorcycle, road-roller, road machinery, or farm tractor shall
be equipped with two head lamps, no more and no less, of approxi-
mately equal candle power at the front of and on opposite sides of
the motor vehicle which head lamps shall comply with the require-
ments and limitations set forth in section fifty-two or section fifty-
three and except as to acetylene head lamps shall be of a type which
has been approved by the commissioner.
(c) Head lamps on motorcycles.—Every motorcycle shail be
equipped with at least one and not more than two head lamps which
shall be of a type approved by the commissioner and shall project
sufficient light to the front of such motorcycle to reveal a person ata
distance of two hundred feet, but shall not project a glaring or daz-
zling light to persons approaching such motorcycle.
(d) Rear lamps.—Every motor vehicle and every trailer or semi-
trailer which is being drawn at the end of a train of vehicles shall
carry at the rear a lamp exhibiting a red or yellow light plainly visible
under normal atmospheric conditions from a distance of five hundred
feet to the rear of such vehicle and so constructed and placed that the
number plate carried on the rear of such vehicle shall under like
conditions be so illuminated by a white light as to be read from a dis-
tance of fifty feet to the rear of such vehicle.
(e) Lamps on bicycles.—Every bicycle shall be equipped with
a lighted lamp on the.front thereof visible under normal atmospheric
conditions from a distance of at least three hundred feet in front of
such bicycle and shall also be equipped with a reflex mirror or lamp
on the rear exhibiting a red or yellow light visible under like condi-
tions from a distance of at least two hundred feet to the rear of such
bicycle.
(f) Lights on other vehicles.—All vehicles not heretofore in this
section required to be equipped with specified lighted lamps shall
carry one or more lighted lamps or lanterns projecting a white light,
visible under normal atmospheric conditions from a distance of not
less than five hundred feet to the front and reas of such vehicle.
Section 51. Additional permissible lights on vehicles.—(a) Spot
lights—Any motor vehicle may be equipped with not to exceed two
spot lights, except that a motorcycle shall not be equipped with more
than one spot light, and every spot light shall be so aimed and used,
upon approaching another vehicle, that no part of the beam will be
directed to the left of the center of the highway, nor more than one
hundred feet ahead of the vehicle.
(b) Front side lamps.—Any motor vehicle may be equipped
with two side lamps upon the front of such vehicle and projecting a
light to the front or side and conforming to regulations adopted by
the commissioner. No electrical lamps or bulbs exceeding four stand-
ard candle power shall be used in any such side lamp.
(c) Other exterior lights prohibited.—No vehicle shall be equipped
with any lighting device other than those required or permitted in
this or the preceding section except that this provision shall not be
deemed to prevent the use upon a motor vehicle of interior lights of
low candle power, nor the use of vacant or destination signs on ve-
hicles operated as public carriers.
(d) Auxiliary lamps.—Any motor vehicle may be equipped with
such auxiliary lights of low candle power and illuminated signal de-
vices as may be permitted or required under this act or the rules and
regulations adopted by the commissioner.
Section 52. Requirements as to head lamps.—(a) The head
lamps of motor vehicles shall be so constructed, arranged, and ad-
justed that they will at all times mentioned in section fifty and under
normal atmospheric conditions produce a driving light sufficient to
render clearly discernible a person two hundred feet ahead, but shall
not project a glaring or dazzling light to persons in front of such head
lamps.
(b) Head lamps shall be deemed to comply with the foregoing
provisions prohibiting glaring and dazzling lights if none of the main
portion of the head lamp beam rises above a horizontal plane passing
through the lamp centers parallel to the level road upon which the
loaded vehicle stands and in no case higher than forty-two inches,
seventy-five feet ahead of the vehicle.
(c) Whenever a vehicle is being operated upon a highway or
portion thereof which is sufficiently lighted to reveal any person upon
the highway at a distance of two hundred feet ahead of such vehicle
it shall be permissible to dim the head lamps or to tilt the main beams
of light thereof downward or such head lamps may be extinguished
provided such vehicle is equipped with two lighted side lamps pro-
jecting a light to the front of such vehicle and which comply with the
rules and regulations of the commissioner.
Section 53. Acetylene lights.—-Motor vehicles may be equipped
with two acetylene head lamps of approximately equal candle power
when equipped with clear plain glass fronts, bright six inch spherical
mirrors and standard acetylene five-eights’ foot burners not more
and not less and which project a driving light sufficient to render
clearly discernible a person upon the roadway within a distance of
two hundred feet but must not project a glaring or dazzling light
into the eyes of approaching drivers.
Section 54. Head lamp specifications, test and approval.—(a) The
commissioner is authorized and required to determine whether any
head lamps of a type sold for use or used upon any motor vehicle will
comply with the requirements of section fifty-two and the specifica-
tions set forth in this section and to approve such head lamp devices
and to publish lists thereof by name and type as it shall determine
are lawful herein after a Jaboratory test as provided in this act.
(b) The commissigner is authorized to accept a certificate of the
United States bureau of standards or some other recognized testing
laboratory having an arrangement with the said bureau by which
appeal may be made to it in case of dispute as to the findings of such
other laboratory which certificate certifies that a head lamp device is
of a type which by laboratory test has been found to meet the speci-
fications set forth in this section when properly mounted, adjusted,
and equipped with proper candle power bulbs provided the commis-
sioner is hereby authorized to refuse approval to any device certified
as above which the commissioner determines will be in actual use un-
safe or impracticable or would fail to comply with the provisions of
this act.
(c) Head lamps by laboratory test shall meet the following re-
quirements and limitations:
1. In the median vertical plane parallel to the lamps on a level
with the centers of the lamps not less than eighteen hundred and not
more than six thousand apparent candle power.
2. In the median vertical plane, one degree of arc below the level
of the center of the lamps, not less than seven thousand two hundred
apparent candle power, and there shall not be less than seven thousand
two hundred apparent candle power anywhere on the horizontal line
through this point, one degree of arc to the left and to the right of
this point.
3. In the median vertical plane, one degree of are above the level
of the center of the lamps, not more than twenty-four hundred nor
less than eight hundred apparent candle power.
4. Four degrees of arc to the left of the median vertical plane
and one degree of arc above the level of the center of the lamps not
more than eight hundred apparent candle power.
5. One and one-half degrees of arc below the level of the center
of the lamps and three degrees of arc to the left and to the right, re-
spectively, of the median vertical plane not less than five thousand
apparent candle power nor less than this amount anywhere on the
line connecting these two points.
6. Three degrees of arc below the level of the center of the lamps
and six degrees of arc to the left and to the right, respectively, of the
median vertical plane not less than two thousand apparent candle
power nor less than this amount anywhere on the line connecting
these two points.
Section 55. Head lamp devices must be tested and approved
before sale or use.—(a) It shall be unlawful for any person to sell
or offer for sale, either separately or as a part of the equipment of a
motor vehicle, or to use upon a motor vehicle on a highway any head
lamp, head lamp lens, reflector, or head lamp control device or any
combination thereof unless of a type which has been submitted to a
laboratory test and found to comply with the specifications herein
set forth and which type has been approved by the commissioner.
(b) It shall be unlawful for any person to sell or offer for sale
either separately or as a part of the equipment of a motor vehicle any
head lamp device approved by the commissioner unless such device
bears thereon a trade mark or name and is accompanied by printed
instructions as to the proper candle power globes to be used there-
with as approved by the commissioner and any particular methods
of mounting or adjustment as to focus or tilt necessary to enable such
device to meet the requirements of this act.
Section 56. Retest of approved head lamp devices.—The com-
missioner when having reason to believe that an approved head lamp
device sold commercially does not under ordinary. conditions of use
comply with the requirements of this act may after notice to the
manufacturer thereof suspend or revoke the certificate of approval
issued therefor until or unless such head lamp device is resubmitted
to and retested by an authorized testing agency and is found to meet
the requirements of this act. The commissioner may at the time of
the retest purchase in the open market and submit the testing agency
one or more sets of such approved head lamp device and if such de-
vice upon such retest fails to meet the requirements of this act the
commissioner may revoke the certificate of approval of such device.
Section 57. Arrest upon charge that approved head lamps are
improperly adjusted or equipped with wrong candle power lamps.—
The driver of any motor vehicle equipped with approved head lamps
who is arrested upon a charge that such head lamps are improperly
adjusted or are equipped with lamps or bulbs of a candle power not
approved for use therewith shall be allowed twenty-four hours within
which to properly adjust and equip such head lamps. It shall be a
defense to any such charge that the person arrested produce in court
or submit to the proper authority satisfactory evidence that within
twenty-four hours after such arrest, such head lamps have been made
to conform with the requirements of this act.
Section 58. Lights on parked vehicles.—Whenever a vehicle is
parked or stopped upon a highway whether attended or unattended
during the times mentioned in section fifty there shall be displayed
upon such vehicle one or more lamps projecting a white light visible
under normal atmospheric conditions from a distance of five hundred
feet to the front of such vehicle and projecting a red or yellow light
visible under like conditions from a distance of five hundred feet to
the rear except that local authorities may provide by ordinance that
no lights need be displaved upon any such vehicle when parked in
accordance with local ordinance upon any highway where there is
sufficient light to reveal any persons within a distance of two hundred
feet upon such highways.
Section 59. Red or green light visible from in front of vehicle
prohibited.—It shall be unlawful for any person to drive or move any
vehicle upon a highway with any red or green light thereon visible
from directly in front thereof.
Section 60. Signal devices.—(a) Any motor vehicle which is
so constructed or carries a load in such a manner as to prevent the
hand and arm signal described in this act from being visible both to
the front and rear of such vehicle shall be equipped with a mechanical
or electrical signal device which meets the requirements of this act
and is of a type which has been approved by the commissioner.
(b) Every .device intended to give a signal of intention to turn
or stop a vehicle shall give a signal plainly visible at all times from a
distance of at least one hundred feet to the rear of the vehicle upon
which it 1s used.
(c) The commissioner is authorized to adopt and enforce rules
and regulations not inconsistent with this section governing the con-
struction, location and operation of signal devices and the color of
lights which may be used in any such electric device. The commis-
sioner is authorized to accept a certificate of the United States bureau
of standards or some other recognized testing laboratory having an
arrangement with the said bureau by which appeal may be made to
it in case of dispute as to the findings of such other laboratory which
certificate certifies that a signal device is of a type which has been
found to meet the requirement of this act and the regulations of the
commissioner with reference thereto.
(d) It shall be unlawful for any person to sell or offer for sale,
either separately or as a part of the equipment of a vehicle, or to use
upon a vehicle on a highway any signal device intended to give notice
of intention to turn or stop the vehicle upon which it is used unless
meeting the requirements of this act and of a type first approved by
the commissioner. This section shall be effective from and after
ninety days after the date this act shall go into effect.
Section 61. Retest of approved signal devices.—The commis-
sioner when having reason to believe that an approved signal device
sold commercially does not under ordinary conditions of use comply
with the requirements of this act or the regulations of the commis-
sioner may, after notice to the manufacturer thereof suspend or re-
voke the certificate of approval issued therefor until such signal de-
vice is resubmitted to and retested by an authorized testing agency
and is found to meet such requirements. The commissioner may at
the time of such retest purchase in the open market and submit to
the testing agency several sets of such approved signal device and
if upon such retest such device fails to meet the requirements of this
act and the regulations of the commissioner, he may refuse renewal
of the certificate of approval of such device.
Section 62. Uniform marking and signing of highways.—The
State highway commission is hereby authorized to classify, designate
and mark State highways and to provide a uniform system of marking
and signing such highways under the jurisdiction of this State, and
such system of marking and signing shall correlate with and so far as
possible conform to the system adopted in other States.
Section 63. Local traffic signs.—Local authorities in their re-
spective jurisdictions may cause appropriate signs to be erected and
maintained, designating residence and business districts, highways
and steam or interurban railway grade crossings and such other signs
as may be deemed necessary to carry out the provisions of this act,
and to control traffic. :
Section 64. Other than official signs prohibited.—No unauthorized
person shall erect or maintain upon any highway any warning or di-
rection sign, marker, signal or light in imitation of any official sign,
marker, signal or light erected under the provisions of this act, and
no person shall erect or maintain upon any highway any traffic or
highway sign or signal bearing thereon any commercial advertising,
provided nothing in this section shall be construed to prohibit the
erection or maintenance of signs, markers, or signals bearing thereon
the name of an organization authorized to erect the same by the State
highway commission or any local authority as defined in this act.
Section 65. Injuring signs——Any person who shall deface, in-
jure, knock down or remove any sign legally posted as provided in this
act shall be guilty of a misdemeanor.
TITLE IV.—PENALTIES.
Section 66. Penalties for misdemeanors.—(a) It shall be un-
lawful and constitute a misdemeanor for any person to violate any
of the provisions of this act except section thirty-two unless such vio-
lation is by this act or other law of this State declared to be a felony.
Every person convicted of a misdemeanor for a violation of any
of the provisions of this act for which no other penalty is provided
shall for a first conviction thereof be punished by a fine of not less
than five dollars nor more than one hundred dollars or by imprison-
ment in jail for not less than one nor more than ten days; for second
such conviction within one year such person shall be punished by a
fine of not less than ten dollars nor more than two hundred dollars
or by imprisonment in jail for not less than one nor more than twenty
days, or by both such fine and imprisonment; upon a third or subse-
quent conviction within one year such person shall be punished by a
fine of not less than twenty-five dollars nor more than five hundred
dollars or by imprisonment in jail for not less than ten days nor more
than six months, or by both such fine and imprisonment.
Section 67. Penalty for reckless driving.—Every person convicted
of reckless driving under section two of this act, shall be punished for
a first violation by a fine of not less than ten dollars nor more than
one hundred dollars or by both such fine and imprisonment. For
conviction for subsequent violations a fine of not less than fifty dol-
lars nor more than five hundred dollars, or he may be further pun-
ished by imprisonment in jail for a period of not less than ten days
nor more than six months or by both such fine and imprisonment.
Section 68. Penalty for failure to stop in event of accident in-
volving personal injury.—Every person convicted of violating sub-
division (a) of section thirty, relative to the duty to stop in the event
of personal injury accidents, shall be punished by imprisonment in
jail for not less than thirty days nor more than one year, or in the State
penitentiary for not less than one year nor more than five years, or
by fine of not less than one hundred dollars nor more than five thou-
sand dollars, or by both such fine and imprisonment.
Section 69. Penalty for felony.—Any person who shall be con-
victed of a violation of any of the provisions of this act herein or by
the laws of this State declared to constitute a felony shall, unless a
different penalty is prescribed herein or by the lawsof this State, be
punished by imprisonment in the penitentiary for a term not less
than one year nor more than five years, or by a fine of not less than
five hundred dollars nor more than five thousand dollars, or by both
such fine and imprisonment.
TITLE V.—PROCEDURE UPON ARREST, REPORTS,
DISPOSITION OF FINES AND FORFEITURES.
Section 70. Appearance upon arrest for misdemeanor.—(a) When-
ever any person is arrested for a violation of any provision of this act
punishable as a misdemeanor the arresting officer shall, except as
otherwise provided in this section, take the name and address of such
person and the license number of his motor vehicle and issue a sum-
mons or otherwise notify him in writing to appear at a time and
place to be specified in such summons or notice, such time to be at
least five days after such arrest unless the person arrested shall de-
mand an earlier hearing, and such person shall, if he so desire, have
a right to an immediate hearing or a hearing within twenty-four
hours at a convenient hour, and before a court having jurisdiction
under this act within the city, town or county wherein such offense
was committed. Such officer shall thereupon and upon the giving
by such person of his written promise to appear at such time and
place forthwith rélease him from custody.
Any person refusing to give such written promise to appear shall
be taken immediately by the arresting officer before the nearest or
most accessible court having jurisdiction under this act.
Any person who wilfully violates his written promise to appear,
given in accordance with this section, shall be guilty of a misdemeanor
and regardless of, and in addition to the disposition of the charge upon
which he was originally arrested.
(b) The provisions of sub-section (a) of this section shall not
apply to any person arrested and charged with an offense causing or
contributing to an accident resulting in injury or death to any person
nor to any person charged with reckless driving or driving in excess
of thirty miles per hour within a business ‘or residence district or in
excess of forty-five miles per hour outside of a business or residence
district nor to any person charged with driving while drunk or under
the influence of intoxicating liquor or narcotic drugs nor to any person
whom the arresting officer shall have good cause to believe has com-
mitted any felony, and the arresting officer shall take such person
forthwith before the nearest or most accessible magistrate.
(c) Any officer violating any of the provisions of this section
shall be guilty of misconduct in office and subject to removal there-
from upon complaint filed by any person in a court of competent
jurisdiction.
Section 71. Report of convictions to be sent to department.—
(a) Every justice of the peace or police judge or court in this State
shall keep a full record of every case in which a person is charged with
violation of any provision of this act, and in the event that such per-
son is convicted or that his bail is forfeited, an abstract of such record
shall be sent forthwith by the justice of the peace or police judge or
court to the department. But this requirement shall not be deemed
to make such court a court of record. ;
(b) Abstracts required by this section shall be made upon forms
prepared by the department and shall include all necessary informa-
tion as to the parties to the case, the nature of the offense, the date
of hearing, the plea, the judgment, the amount of the fine or forfeiture,
as the case may be, and every such abstract shall be certified by the
justice of the peace, police judge or clerk of such police court, as a
true abstract of the records of the court.
(c) Each clerk of any court of record of this State shall also,
within ten days after any final judgment of conviction of any viola-
tion of any of the provisions of this act, send to the department a
certified copy of such judgment of conviction. Certified copies of
the judgment shall also be forwarded to the department upon con-
viction of any person of manslaughter or other felony in the commis-
sion of which a vehicle was used. The said department shall keep
such records in its office, and they shall be open to the inspection of
any person during reasonable business hours.
(d) Failure, refusal or neglect to comply with any of the pro-
visions of this section shall constitute misconduct in office and shall
be ground for removal therefrom.
Section 72. Fines and forfeitures.—All fines or forfeitures col-
lected upon conviction or upon the forfeiture of bail of any person
charged with a violation of any of the provisions of this act consti-
tuting a misdemeanor shall be deposited in the State treasury if com-
mitted on a State highway and in the treasury of the county, city or
town maintaining the court wherein such conviction or forfeiture
was had if the offense was committed on a highway constructed and
maintained by such political subdivision, in a special fund to be
known as the “highway maintenance fund”’ which is hereby created
and which shall be used exclusively in the construction, maintenance
and repair of public highways, bridges and culverts, or of employing
and maintaining devices for traffic control or aid, including personnel,
within such respective jurisdictions.
Failure, refusal or neglect to comply with any of the provisions
of this section shall constitute misconduct in office and shall be ground
for removal therefrom.
TITLE VIIT.—PEDESTRIANS.
Section 73. Pedestrians.—(a) The roadbeds of highways within
cities and towns are primarily intended for vehicles, but pedestrians
have the right to cross them in safety, and drivers of street cars and
vehicles shall exercise proper care not to interfere with such rights nor
to injure them or their property.
(b) When crossing highways within incorporated towns or cities,
pedestrians shall not carelessly or maliciously interfere with the
orderly passage of vehicles, and shall cross wherever possible only at
intersections or crosswalks.
(c) At such intersections where no traffic officer is on duty pedes-
trians shall have the right of way over vehicles.
(d) This shall not entitle the pedestrian to enter or cross the in-
tersection regardless of approaching traffic, but shall be interpreted
to require vehicles to change their course, slow down, or come to a
complete stop if necessary to permit pedestrians to safely and ex-
peditiously negotiate the crossing.
(e) Pedestrians shall eross only at right angles, and shall not
cross highways diagonally; nor, except to board a street car, or to
enter a safety zone at right angles, shall they step into that portion
of the highway open to moving traffic, at any point between inter-
sections where their presence would be obscured from the vision
of approaching drivers by a vehicle or other obstruction at the curb
or side.
(f) At intersections where traffic officers are on duty, pedestrians
shall cross the intersection only with released traffic, and shall be
subject to the same signals as govern the movement of other traffic.
(g) When actually boarding or alighting from a street car pedes-
trians shall have the right of way over vehicles, but shall not in order
to board or alight from street cars, step into the street sooner, nor
remain there longer than is absolutely necessary to do so.
(h) Pedestrians shall not use the highways, other than the side-
walks thereof, for travel, except when obliged to do so by the absence
of sidewalks reasonably suitable and passable for their use, in which
case they shall keep as near as reasonably possible to the extreme
left side or edge of same.
(i) No person shall play on a highway within an incorporated
city or town or use in play thereon roller skates, coasters or any sim-
ilar vehicle or toy or other article on wheels or runners, excepting
bicycles, tricycles and motorcycles, except in such areas as may be
especially designated for that purpose by the proper local authorities.
(j) Any person convicted of violating section seventy-four shall
be fined not less than two dollars nor more than twenty-five dollars
for each separate offense excepting sub-paragraph (b) and for any
conviction thereunder the minimum fine shall be ten dollars.
TITLE VIIT—INTERPRETATION.
Section 74. Uniformity of interpretation.—This act shall be so
interpreted and construed as to effectuate its general purpose to make
uniform the laws of the State of Virginia relating to motor vehicles
and their operation. If any part or parts, section, sub-section, sen-
tence, clause, or phrase of this act is for any reason declared to be
unconstitutional, such decision shall not affect the validity of the re-
maining portions of this act.
Section 75. Short title-—This act may - cited as the uniform
act regulating the operation of vehicles on highways.
Section 76. Repeal.—All acts andjparts of acts inconsistent with
this act are hereby repealed.