Chap. 342.—An ACT to revise, simplify, rearrange and consolidate into one act
which shall constitute and be designated and cited as “The Motor Vehicle Code
of Virginia,” the various statutes of the Commonwealth, concerning the regis-
tration and licensing of motor vehicles, trailers and semi-trailers, the licensing
of chauffeurs, the collection of fees and disposition of funds collected, the op-
eration of vehicles on the public roads, highways, streets, and alleys, the divi-
sion of motor vehicles and the director of said division, the powers and duties
of said division and director, and the penalties for violations of the provisions
of certain such statutes; and to repeal all statutes and acts in conflict with the
provisions of this act. [H B 339]

Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, as follows:

CHAPTER I

TITLE: Division oF Motor VEHICLES: DIRECTOR

Section 1. The Motor Vehicle Code of Virginia—The laws em-
braced in the following chapters and sections of this act shall consti-
tute and be designated and cited as “The Motor Vehicle Code of
Virginia.”

Section 2. Definitions—The following words and phrases when
used in this act shall, for the purpose of this act have the meanings re-
spectfully ascribed to them in this section except in those instances
where the context clearly indicates a different meaning.

(a) “Director.’—The director of the division of motor vehicles of
this State.

(b) “Division.”—The division of motor vehicles of this State, act-
ing directly or through its duly authorized officers and agents.

(c) “Essential parts.”—All integral parts and body parts, the re-
moval, alteration or substitution of which will tend to conceal the
identity or substantially alter the appearance of the vehicle.

(d) “Farm tractor.”—Every motor vehicle designed and used pri-
marily as a farm implement for drawing plows, mowing machines and
other implements of husbandry.

(e) “Foreign vehicle.”—-Every motor vehicle, trailer or semi-trailer
which shall be brought into this State otherwise than in the ordinary
course of business by or through a manufacturer or dealer and which
has not been registered in this State.

({) “Highway.”—Every way or place of whatever nature open to
the use of the public for purposes of vehicular travel in this State, in-
cluding the streets and alleys in towns and cities.

(¢) “Manufacturer” or “dealer.”—-Every person engaged in the
business of manufacturing, buying, selling or exchanging motor ve-
hicles in this State and having an established place of business in this
State where the ordinary or appropriate books and records of such
manufacturer or dealer are kept and at which a substantial share of
the business of such manufacturer or dealer is transacted.

(h) “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.

(i) “Motorcycle.”—Every motor vehicle designed to travel on not
more than three wheels in contact with the ground, except any such
vehicle as may be included within the term “tractor” as herein defined.
(j) “Motor Vehicle Code.”—The laws embraced in the following
chapters and sections of this act.

(k) “Motor vehicle.”—Every vehicle, as herein defined, which is
self-propelled. |

(1) “Nonresident.”—-Every person who is not a resident of this
State except the nonresidents referred to in section twenty-three-g of
this act.

Any foreign corporation which is authorized to do business in this
State by the State corporation commission shall be deemed a resident
of this State for the purpose of this act, provided, however, that in the
case of corporations incorporated in this State but doing business
without the State, only such principal place of business or branches
located within this State shall be dealt with as residents of this State.

(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 conditional
sale or lease thereof with the right of purchase upon performance of
the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession then such conditional
vendee or lessee or mortgagor shall be deemed the owner for the pur-
pose of this act, except that in all such instances when the rent paid by
the lessee includes charges for services of any nature and/or when the
lease does not provide that title shall pass to the lessee upon payment
of the rent stipulated, the lessor shall be regarded as the owner of such
vehicle, and said vehicle shall be subject to such requirements of this
act as are applicable to vehicles operated for compensation.

(n) “Person.”—Every natural person, firm, co-partnership, asso-
ciation or corporation. |

(o) “Pneumatic tires.”—All tires inflated with compressed air.

(p) “Reconstructed vehicle.”—Any vehicle which shall have been
assembled or constructed largely by means of essential parts, new or
used, derived from other vehicles or makes of vehicles of various
named, models and types, or which, if originally otherwise constructed,
shall have been materially altered by the removal of essential parts or
by the addition of substitution of essential parts, new or used, derived
from other vehicles or make of vehicles.

‘ (q) “Road tractor.”—Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any load
thereon independently or any part of the weight of a vehicle or load so
drawn. :

(r) “Semi-trailer.”—Every vehicle of the trailer type so designed
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.

(s) “Solid rubber tires.”—Every tire made of rubber other than a
pneumatic tire. ,

(t) “Specially constructed vehicles.”—Any vehicle which shall not
616 ACTS OF ASSEMBLY [VA.

have been originally constructed under a distinctive name, make, model
or type by a generally recognized manufacturer of vehicles.

(u) “Town.’—An incorporated town.

(v) “Tractor truck.”—Every motor vehicle designed and used pri-
marily for drawing other vehicles and not so constructed as to carry a
load other than a part of the load and weight of the vehicle attached
thereto.

(w) “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.

(x) ‘“Vehicle.”—Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, except
devices moved by human power or used exclusively upon stationary
rails or tracks. ,

(z) The terms operation or use for rent or hire for the transporta-
tion of passengers, or as a property carrier for compensation, and the
term business of transporting persons or property, wherever used in
this act, mean any operator of any motor propelled vehicle operating
over the improved highways of the State who accepts or receives com-
pensation for the service.

The term compensation wherever used in this act means money or
the equivalent thereof.

(z-1) “Intersection.”—The area embraced within the prolongation
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.

(z-2) The term “commission” means the State corporation com-
mission of the Commonwealth of Virginia.

Section 3. Division of motor vehicles; appointment of director ;
oath and bond; duties ——(a) The division of motor vehicles, heretofore
created, shall continue and shall be a division in the State department
of finance. The director of the division of motor vehicles shall be the
chief executive officer and in direct charge of the said division. The
director shall be appointed by the governor, subject to confirmation by
the general assembly, if in session when such appointment is made,
and if not in session then at its succeeding session. He shall hold his
office at the pleasure of the governor for a term coincident with that of
each governor making the appointment, or until his successor shall be
appointed and qualified. Vacancies shall be filled in the same manner
as original appointments are made.

Before entering upon the discharge of his duties, such director
shall take an oath that he will faithfully and honestly execute the
duties of his office during his continuance therein, and he shall give
bond in such penalty not less than one hundred thousand dollars, as
may be fixed by the governor, conditioned upon the faithful discharge
of his duties, the premium on which bond shall be paid out of the State
treasury. The director who may be in office when this section takes
effect, shall continue in office as the director of the division of motor
1932] ACTS OF ASSEMBLY | 617

vehicles subject to the approval of the governor until the expiration of
the term for which he shall have been appointed, or until his successot
shall be appointed and qualified.

(b) The director shall exercise such powers and perform such
duties as are conferred and imposed upon him by this act and other
laws of this State. He shall receive such salary as may be appropri-
ated for the purpose.

Section 4. Principal office; branch offices ; payment of moneys in-
to State treasury ; agents to be bonded; compensation of agents.—(a)
The director shall maintain his principal office in the city of Rich-
mond, and shall appoint such agents and shall maintain branch offices
in such places in the State as he shall deem necessary properly to carry
out the provisions of this act and all other motor vehicle laws.

(b) All moneys accruing to the division under this act shall, ex-
cept as herein otherwise provided, be paid into the State treasury in
full, and all expenses incident to the maintenance of the division and
the proper enforcement of this act shall be paid by the State treasurer
upon receipt of the proper authorization by the director.

(c) Each such agent shall be bonded in a satisfactory amount to
be determined by the director and shall remit to the director at the
close of each week all moneys collected hereunder, together with a
complete record of what such remittance is intended to cover. The
director shall not be held liable in the event of the loss of any moneys
collected by such agents resulting from the failure by such agents of
forwarding such moneys to the division, or because of the failure or
insolvency of any bank or banking institution in which such funds are
deposited to the credit of the said director, or because of any defalca-
tion of any officer or employee of any such bank or banking instituti-
tion. Each agent shall be paid for the sale of each set of number
plates a sum, to be fixed by the said director, not exceeding the sum of
twenty-five cents. The person paying the license shall pay no premium
for such service.

(d) The compensation above provided shall belong to such agents
for their services under this section, but from such compensation they
shall pay all freight, cartage and postage, and any extra clerk hire or
other expense occasioned by such duties.

Section 5. Director authorized to make rules and regulations and
to appoint agencies; to provide forms.—The director is hereby au-
thorized to adopt and enforce such administrative rules and regula-
tions and to appoint such agencies as may be necessary to carry out
the provisions of this act. He shall also provide suitable forms for
applications, certificates of title and registration cards, license number
plates, operator’s licenses, and chauffeur’s licenses and badges, and all
other forms requisite for the purpose of the said code.

Section 6. Powers of director, assistants, and police officers of
division to enforce criminal laws; fees—(a) The director, his several
assistants, and police officers appointed by him are hereby vested with
the powers of a sheriff for the purpose of enforcing all the criminal
618 ACTS OF ASSEMBLY [va.

laws of this State, and it shall be the duty of such director, his several
assistants and police officers appointed by him to use their best efforts
to enforce the same; but nothing in this act shall be construed as re-
lieving any sheriff, constable, commissioner of the revenue or police
officer from the duty of aiding and assisting in the enforcement of
such laws.

(b) No justice of the peace, trial justice, police justice, civil and
police justice, or other court, in this State, shall in any case, in which
a fine is assessed for the violation of any law of this State, or any sub-
division thereof, assess, as a part of the cost of such case any fee for
arrest, or as a witness, for the benefit of any police officer of the divi-
sion; nor shall any such police officer receive any such fee. Any such
police officer who shall accept or receive any such fee shall be guilty of
a misdemeanor and shall be punished by a fine of not more than one
hundred dollars; and in addition thereto the director may, in his dis-
cretion, remove such police officer, for receiving such fee. Nothing
herein contained shall prohibit any such officer from accepting or re-
ceiving a reward.

Section 7. Appointment of additional police officers——In case of
emergency, the director, with the approval of the governor, shall have
authority to appoint additional police officers, who may or may not be
residents of this State, to serve for specified periods of time. The
police officers so appointed shall receive such compensation as the di-
rector shall approve. Such police officers shall have the same powers and
perform the same duties as the regular police officers appointed by the
director.

Section 8. Enforcement by officers of counties, cities, and towns.—
Every county, city, town or other political sub-division of the State
shall also enforce the provisions of this act and of the motor vehicle
laws of the State of Virginia through the agency of any constable,
peace or police officer, sheriff or deputy, provided that such officer
shall be completely uniformed at the time of such enforcement or shall
display his badge or other sign of authority, and with the further pro-
vision that all officers making arrests incident to the enforcement of
this act and of the motor vehicle laws of this State shall be paid, fixed
and determined salaries for their services, and shall have no interest in,
nor be permitted by law to accept the benefit of any fine or fee result-
ing from the conviction of an offender against any provision of this
act or of the motor vehicle laws of the State of Virginia.

Section 9. Stopping vehicles; inspection of registration cards,
licenses, permits and vehicles—(a) The operator of any motor vehicle,
trailer or semi-trailer shall stop upon request or signal of any peace
officer, who shall be in uniform or who shall exhibit his badge or other
sign of authority, and shall, upon request, exhibit his registration card,
or operator’s license card, or chauffeur’s license permit, or temporary
instruction permit, and shall write his name in the presence of such
peace officer, if so required for the purpose of establishing his identity.
(b) Any peace officer, who shall be in uniform or who shall ex-
hibit his badge or other sign of authority, shall have the right to stop
any motor vehicle, trailer or semi-trailer, upon request or signal, for
the purpose of inspecting the said motor vehicle, trailer or semi-trailer
as to its equipment and operation, or manufacturer’s serial or engine
number, and for the purpose of securing of such other information as
may be necessary.

(c) Any peace officer, or division officer or employee, who shall be
in uniform, or shall exhibit a badge or other sign of authority, shall
have the right to inspect any motor vehicle, trailer or semi-trailer in
any public garage or repair shop, for the purpose of locating stolen
motor vehicles, trailers and semi-trailers, and for investigating the
title and registration of motor vehicles, trailers and semi-trailers, and
for such purpose, the owner of any such garage or repair shop shall
permit any such peace office or division officer or employee without let
or hindrance to make investigation as herein authorized.

Section 10. Records of department, director to prepare list of
registrations and titles ; when charges for information may be made —
(a) All registration, title and license records in the office of the divi-
sion shall be public records, but shall be open for inspection only sub-
ject to such regulations as the director may adopt. Reports in this
division received from motor vehicle fuel dealers, as that word is de-
fined in the act, imposing a tax on motor vehicle fuels, showing the
number of gallons of gasoline sold by them shall not be deemed to be
public records and shall not be open for inspection by the public.

(b) The director shall have prepared a list of registrations and
titles, which list may be offered for sale to the public at a price which
shall be determined by said director. Such list may be furnished the
commissioner of the revenue of each county and city without cost.

(c) The director is further empowered to make a reasonable
charge for furnishing information to others than to (first) officials, in-
cluding court and police officials of the State of Virginia, and of any of
the counties, towns and cities of the State of Virginia, provided the in-
formation requested is for official use; and (second) persons who have
a personal or legal interest in obtaining the information requested;
provided the information requested is not to be used for commercial or
trade purposes. Provided, however, that the director may furnish
such information free of cost in those instances wherein, in his opinion,
the general welfare of the public will be promoted by so furnishing
such information. . ,

(d) The director, upon request of any officer charged with the en-
forcement of the laws of the State, shall furnish, free of cost, or upon
the request of any other person and upon the receipt of a reasonable
fee to be determined by the director, a certificate, under seal, of the
division setting forth a distinguishing number or license plate of a
motor vehicle, trailer or semi-trailer, together with the name and ad-
dress of the owner thereof, which said certificate shall be prima facie
evidence of the ownership of the vehicle, to which such distinguishing
number or license plate has been assigned by the division, in any ot
the courts of the Commonwealth.

(e) The fees received by the director under this section shall be
used by such director to defray the expenses of the division incurred
by reason of this section. Such fees shall be in addition to the regular
appropriation made by the general assembly.

Section 11. Record of stolen vehicles—The division, as often as
practicable, but at least once each month, shall either publish or post
upon public bulletin boards in each of its offices a record of stolen mo-
tor vehicles, trailers or semi-trailers reported stolen and shall furnish
copies of such records to the police departments and sheriffs through-
out the State.

CHAPTER II

REGISTRATION AND LICENSING OF Motor VEHICLES, TRAILERS,
AND SEMI-[TRAILERS

Section 12. Owner to secure registration and certificate of title-—
(a) Except as otherwise provided in this section and sections thirteen,
twenty-two, twenty-three and twenty-five of this act, every person, in-
cluding every railway, express, and public service company, owning a
motor vehicle, trailer or semi-trailer intended to be operated upon any
highway in this State shall, before the same is so operated, apply to
the division for and obtain the registration thereof and a certificate of
title therefor.

(b) The division may make and enforce regulations providing that
upon proper application for a certificate of title and the registration of
a vehicle, either new or after a transfer, such vehicle may be operated
upon the highway (first) under a temporary permit issued by the
division, or (second) a duplicate application carried in the vehicle.

Section 13. When registration not required——(a) Farm tractors,
road rollers and road machinery used for highway purposes need not
be registered under this act.

(b) Nothing in this act shall apply to the machines known as
traction engines, or to any locomotive engines, or electric cars running
on rails.

(c) Motor vehicles, trailers and semi-trailers, owned by the State,
and the counties, cities and towns thereof, and used purely for State,
county and municipal purposes shall be required to register, but no
fee shall be collected for number plates and registration.

(d) Nothing contained in this chapter shall affect the right of any
person injured in his person or property by the negligent operation of
any such motor vehicle, trailer, semi-trailer, locomotive engine or elec-
tric car to sue and recover damages as heretofore.

Section 14. Application for registration and certificate of title —
(a) An owner shall make application upon appropriate forms fur-
nished by the director for a certificate of title. The owner shall certify
every application for a certificate of title before a person authorized tc
administer oaths; and officers and employees of the division are here-
1932 | ACTS OF ASSEMBLY 621

by authorized to administer oaths for the purpose of this act, and it is
their duty to do so without fee.

(b) Every application for a certificate of title shall contain a
statement of the applicant’s title and of all liens or encumbrances upon
said vehicle and the names and addresses of all persons having any in-
terest therein and the nature of every such interest.

(c) Every application for a certificate of title shall contain a brief
description of the vehicle to be registered, including the name of the
maker, the engine or serial number, and upon the registration of a
new vehicle, the date of sale by the manufacturer or dealer to the per-
son first operating such vehicle. The application shall contain such
other information as may be required by the division.

(d) In the event that the vehicle for which the registration of
a certificate of title is applied is a specially constructed, reconstructed,
or foreign vehicle, such fact shall be stated in the application, and
with reference to every foreign vehicle which has been registered
theretofore outside of this State, the owner shall exhibit to the division
the certificate of title and registration card or other evidence of such
former registration as may be in the applicant’s possession or control,
or such other evidence as will satisfy the division that the applicant is
the lawful owner or possessor of such vehicle.

Section 15. Applications for certificates of title to vehicles and
motors.—Any person operating as a public carrier by authority of the
State corporation commission or under a franchise granted by any
city or town, and who owns and uses solely for the purposes authorized
by said commission, city or town, five or more motor vehicles, may se-
cure certificates of title to such motor vehicles as hereinafter provided.

For each such motor vehicle for which a certificate of title has been
issued prior to the effective date of this act the director may upon pay-
ment of a two ($2.00) dollar fee, the presentation of proper applica-
tion, and the surrender of the original certificate of title, issue a cer-
tificate of title to such vehicle in which certificate the manufacturer’s
vehicle serial number and a number assigned by the director thereto,
shall be substituted for the motor number, and a certificate of title to
the motor in which certificate the motor shall be described as such.

For each such vehicle for which certificate of title is issued after
this act becomes effective separate certificates of title to the vehicle
and the motor may be issued, the certificate of title to the vehicle to
bear the manufacturer’s vehicle serial number and a number assigned
thereto by the director in lieu of the motor number. A fee of two
($2.00) dollars shall be charged for each such certificate of title to a
vehicle, and a fee of one ($1.00) dollar shall be charged for each such
certificate of title to a motor.

Each person securing certificates of title as hereinbefore provided
in this section shall secure a certificate of title to each spare motor
owned by him, before he shall use the said motor in any motor vehicle
operated upon any highway in this State. A fee of one ($1.00) dollar
shall be charged for each such certificate of title so issued.
Motor vehicles for which certificates are issued as provided in this
section shall be registered under the manufacturer’s vehicle serial
number and the number assigned thereto by the director in lieu of the
motor number.

The fees provided for in this section shall be in addition to those
provided for in section thirty-five of this act.

Section 16. Registration of vehicles and owners.—The division
shall file each application received, and when satisfied as to the genu-
ineness and regularity thereof, and that the applicant is entitled thereto
shall register the vehicle therein described and the owner thereof in
suitable books or on index cards, as follows:

First. Under a distinctive registration number assigned to the ve-
hicle and to the owner thereof hereinafter referred to as the registra-
tion number ;

Second. Alphabetically under the name of the owner ;

Third. Numerically under the engine number and name of the
vehicle. ,

Section 17. Registration cards and certificates of title—(a) The
division upon receiving an application for a certificate of title for a
motor vehicle, trailer or semi-trailer shall issue to the owner a certifi-
cate of title therefor and a registration card as separate documents.
Such owner upon receiving the said registration card shall sign his
name thereon with pen and ink, in the space provided.

(b) The division upon receiving an application for a certificate
of title to a motor vehicle, trailer or semi-trailer showing liens or en-
cumbrances upon said motor vehicle, trailer or semi-trailer, shall, upon
issuing to the owner thereof a certificate of title therefor, show upon
the face of the certificate of title all liens or encumbrances disclosed by
such application. All such liens or encumbrances shall be shown in
the order of their priority, said priority being according to the infor-
mation contained in such application. .

Liens or encumbrances placed on motor vehicles, trailers or semi-
trailers by the voluntary act of the owner after the original issue of
title to the owner must be shown on said certificates of title. In such
cases, the owner shall file application with the division on a blank fur-
nished for that purpose, setting forth the said lien or liens and such
information in connection therewith as the said division may deem
necessary, and the division, if satisfied that it is proper that the same
be recorded, and upon surrender of the certificate of title covering said
motor vehicle, trailer or semi-trailer, shall thereupon issue a new cer-
tificate of title showing said liens or encumbrances in the order of
their priority, said priority being according to the date of the filing of
said application for same. For the purpose of recording such subse-
quent lien, the director may require any lien holder to deliver to the
director the said certificate of title; upon issuing the said new certifi-
cate it shall thereupon be sent or delivered to the said lien holder from
whom the prior certificate was obtained.

Said certificate of title of such motor vehicle, trailer or semi-trailer
shall be delivered to the person, firm or corporation holding the first
lien or encumbrance upon said motor vehicle, trailer or semi-trailer
and retained by him or them until the entire amount of his or their
lien is fully paid by the owner of said motor vehicle, trailer or semi-
trailer, when the same shall be delivered to the next lien holder, and
so on, and if none, then to the owner of said motor vehicle, trailer or
semi-trailer. Said certificate of title, when issued by the division
showing a lien or encumbrance, shall be deemed adequate notice to the
Commonwealth, creditors and purchasers that a lien against the motor
vehicle exists and the recording of such reservation of title, lien or en-
cumbrance in the county or city wherein the purchaser or debtor re-
sides or elsewhere is not necessary and shall not be required, and mo-
tor vehicles, trailers or semi-trailers registered under this act shall
not be subjected to, but shall be exempt from the provisions of sections
fifty-one hundred and eighty-nine and fifty-two hundred and twenty-
four of the Code of Virginia, as amended, nor shall recordation of such
lien in any other place for any other purpose be required and shall
have no effect. Provided that if such registration of a lien or encum-
brance upon a new motor vehicle, new trailer or new semi-trailer be
done within ten days from the time application for certificate of title
for same has been received by the division, it shall be as valid as to all
persons whomsoever including the Commonwealth as if such registra-
tion had been done on the day such lien or encumbrance was acquired.
The charge for each certificate of title so issued and registration of
such motor vehicle, trailer or semi-trailer shall be one ($1.00) dollar
and the liens shown upon such certificate shall have priority over any
other liens against such vehicle, trailer or semi-trailer, however cre-
ated and recorded.

(c) The registration card and the certificate of title shall each con-
tain upon the face thereof the date issued, the registration number
assigned to the owner and to the motor vehicle, trailer or semi- -trailer,
the name and address of the owner, a description of the registered mo-
tor vehicle, trailer or semi-trailer, and such other statement of facts as
may be determined by the division.

(d) The registration card shall contain upon the reverse side forms
for endorsement of the signature and notice to the division of a trans-
fer of the motor vehicle trailer or semi-trailer.

(e) The certificate of title shall contain a statement of the owner’s
title and of all liens or encumbrances upon the motor vehicle, trailer
or semi-trailer therein described and whether possession is held by the
owner under a lease, contract or conditional sale or other like agree-
ment. The certificate of title shall also contain upon the reverse side
forms of assignment of title or interest and warranty thereof with
space for notation of liens and encumbrances upon such motor vehicle,
trailer or semi-trailer at the time of a transfer.

(f) Every certificate of title issued under this section shall be
valid for the life of the motor vehicle, trailer or semi-trailer so long
as the owner to whom the same is issued shall retain legal title or right
of possession of or to such vehicle, and such certificates need not be
renewed annually or at any other time except upon a transfer of title
or interest of the owner. _

Section 18. Release of lien or encumbrance shown on certificate of
title—An owner upon securing the release of any lien or encumbrance
upon a motor vehicle, trailer or semi-trailer and shown upon the cer-
tificate of title issued therefor may exhibit the documents evidencing
such release, signed by the person or persons making such release and
acknowledged before a notary public or some one authorized by the
laws of this State to take acknowledgments of deeds, and the certifi-
cate of title to the division; the division when satisfied as to the genu-
ineness and regularity thereof shall issue to such owner either a new
certificate of title in proper form or an indorsement or rider showing
the release of such lien or encumbrance which the division shall attach
to the outstanding certificate of title.

Section 19. Registration card to be carried.—The registration card
issued for a motor vehicle, trailer or semi-trailer required to be regis-
tered by this act, and the registration card issued for a foreign vehicle
required to be registered by the State or county wherein licensed, shall
at all times while such motor vehicles, trailers or semi-trailers are be-
ing operated upon a highway of this State be in the possession of the
operator or chauffeur thereof and subject to inspection by any peace
officer.

Section 20. Number plates to be furnished—(a) The division
shall also furnish to every owner whose motor vehicle, trailer or semi-
trailer shall be registered, one number plate for a motorcycle and two
number plates for every other motor vehicle, semi-trailer and trailer.

(b) Every number plate shall have displayed upon it the registra-
tion number assigned to the motor vehicle, trailer or semi-trailer and
to the owner thereof, also the name of this State, which may be ab-
breviated, and the year for which it is issued. Such plate and the re-
quired letters and numerals thereon, except the year for which issued,
shall be of sufficient size to be plainly readable from a distance of one
hundred feet during daylight.

(c) Every registration or license number plate so issued by the
division shall remain the property of the division and shall be subject
to be revoked, cancelled and repossessed by the division at any time
as in this act provided.

Section 21. Display of number plate—(a) Number plates assigned
to a trailer, or semi-trailer and to a motor vehicle, other than a motor-
cycle, shall be attached to such trailer, semi-trailer or motor vehicle,
one in front and the other in the rear. The number plate assigned to
a motorcycle or semi-trailer shall be attached to the rear thereof.
Number ‘plates shall be so displayed during the current registration

ear.
" (b) Every number plate shall at all times be securely fastened to
the motor vehicle, trailer or semi-trailer to which it is assigned, so as
to prevent the plate from swinging and at a height not less than
twelve inches from the ground, measuring from the bottom of suck
plate, in a position to be clearly visible, and shall be maintained fre
from foreign materials and in a condition to be clearly legible.

Section 22. Registration by manufacturers and dealers—(a) A
manufacturer of or dealer in motor vehicles, trailers or semi-trailers
owning and operating any motor vehicle, trailer or semi-trailer upot
any highway, in lieu of registering each such motor vehicle, trailer o:
semi-trailer, may obtain from the division, upon application therefor
upon the proper official form, and upon payment of the fees requirec
by law, and attach to each such vehicle one or duplicate license plate:
as required for different classes of such vehicles by section twenty o1
this act, which plate or set of plates shall each bear thereon a distinc.
tive number, also the name of this State, which may be abbreviated.
and the year for which issued, together with the word “dealer” or 3
distinguishing symbol indicating that such plate or plates are issued tc
a manufacturer or dealer; any plates so issued may, during the calen-
dar year for which issued, be transferred from one motor vehicle.
trailer or semi-trailer to another, used or operated by such manufac-
turer or dealer, who shall keep a written record of the motor vehicle.
trailer and semi-trailer upon which such dealer’s number plates are
used, which record shall be open to inspection by any police officer or
any officer or employee of the division.

Such dealer’s license plates shall be used only on motor vehicles,
trailers and semi-trailers which when operated on the highways of this
State are operated in connection with their business; provided that
dealers tags shall not be used on motor vehicles for the use or opera-
tion of which dealers charge or receive compensation, such as wreck-
ing cranes or other service motor vehicles.

Motor vehicles, trailers and semi-trailers being so used shall actu-
ally be operated by such manufacturer or dealer or by a bona fide
officer or employee of such manufacturer or dealer.

(b) Every manufacturer of or dealer in motor vehicles, trailers or
semi-trailers, shall obtain and have in possession a certificate of title
issued by the division to such manufacturer or dealer, or to the imme-
diate vendor of such manufacturer or dealer for each motor vehicle,
trailer and semi-trailer operated upon the highways by such manufac-
turer or dealer, except that a certificate of title shall not be required
for any new motor vehicle, trailer or semi-trailer to be sold as such by
a manufacturer or dealer. ,

(c) No manufacturer of or dealer in motor vehicles, trailers or
semi-trailers shall cause or permit any such motor vehicle, trailer or
semi-trailer owned by such person to be operated or moved upon a
public highway without there being displayed upon such motor ve-
hicle, trailer or semi-trailer a number plate or plates issued to such
person, either under section twenty of this act or under this section,
except as otherwise authorized in sub-section (d) and (e) of this
section.

(d) Any manufacturer of motor vehicles, trailers or semi-trailers
nay operate or move or cause to be moved or operated upon the high-
ways for a distance of not exceeding twenty-five miles any such motor
vehicle, trailer or semi-trailer from the factory where manufactured
yr assembled, to a railway depot, vessel or place of shipment or de-
ivery, without registering the same and without number plates at-
ached thereto under a written permit first obtained from the local
police authorities having jurisdiction over such highways and upon
displaying in plain sight upon each such motor vehicle, trailer and
semi-trailer a placard bearing the name and address of the manutac-
turer authorizing or directing such movement.

(e) Any dealer in motor vehicles, trailers or semi-trailers may op-
erate or move, or cause to be operated or moved, any such motor ve-
hicle, trailer or semi-trailer upon the highways for a distance of not
exceeding twenty-five miles from a vessel, railway depot, warehouse
or any place of shipment or from a factory where manufactured or
assembled to a sales room, warehouse or place of shipment, or trans-
shipment, without registering such motor vehicle, trailer or semi-
trailer and without number plates attached thereto, under a written
permit first obtained from the local police authorities having jurisdic-
tion over such highways and upon displaying in plain sight upon each
such motor vehicle, trailer or semi-trailer a placard bearing the name
and address of the dealer authorizing or directing such movement.

Section 23. Registration by nonresidents—The privileges ex-
tended under sub-section (a), (b), (d) and (e) of this section to non-
resident owners of foreign motor vehicles, trailers and semi-trailers
operated in this State are extended only on condition that the same
privileges are granted by the State, district or country wherein such
nonresident owners are residents, to residents of the State of Virginia
operating motor vehicles, trailers or semi-trailers in such State, dis-
trict or country.

(a) A nonresident owner, except as otherwise provided in this
section, owning any such passenger car which has been duly registered
for the current calendar year in the State, district or country of which
the owner is a resident, and which at all times when operated in this
State has displayed upon it the number plate or plates issued for suck
vehicle in the place of residence of such owner, may operate or permi
the operation of such passenger car within or partly within this State
for a period of six months without registering such passenger car. 01
paying any fees to this State; but if at the expiration of such sis
months such passenger car is still in this State, such owner shall pro
cure registration and license, and shall pay for such license from the
time operation of such vehicle in this State commenced. In order t
operate in this State on such foreign registration and number plate o:
plates such nonresident owner who shall operate or permit the opera
tion, or expect to operate or expect to permit the operation, of any
passenger car in this State for a consecutive period exceeding thirt
days, shall temporarily register on forms prepared and distributed by
the division, within the first thirty days of such period, with the chie
of police of the city or town in which such nonresident owner is tem
porarily located in this State, or with the clerk of the corporation or
hustings court of the city or with the clerk of the circuit court of the
county in which such nonresident owner is temporarily located in this
State, or with the division, the passenger car so operated in this State,
stating the make of such passenger car, the motor number and serial
or other identification number of such vehicle, the license number as-
signed to such passenger car by his home State, district or country,
and his temporary address in this State. Upon registering a passen-
ger car, the chief of police, the clerk of court, or the division, as the
case may be, shall furnish such non-resident owner with a sticker pre-
pared and furnished by the division, on which shall be written such
information as the director shall require. Such nonresident owner
shall place such sticker on the front windshield of his passenger car
and shall maintain such sticker on such windshield at all times while
operating such passenger car in this State, or until he shall have pro-
cured Virginia registration and license therefor. Such nonresident
owner shall pay a fee of twenty-five cents for such temporary registra-
tion of such passenger car to the chief of police or clerk registering
such passenger car, or in the event that such passenger car is so regis-
tered with the division, he shall pay such fee to the division. It shall
be the duty of the chief of police or the clerk of the court so register-
ing such passenger car to forward such temporary registration to the
division within ten days of the time of such registration. Wilful fail-
ure, refusal or neglect on the part of any chief of police or clerk of
any such court, to comply with the provisions of this subsection shall
subject the person who is guilty thereof to a fine of not less than ten
($10.00) dollars, and not more than fifty ($50.00) dollars and may be
ground for removal from office. Charges for dereliction of the duties
imposed by this subsection shall be tried by the court of record having
jurisdiction over the officer whose neglect is complained of. Provided
that in cities of one hundred and twenty-five thousand or more popu-
lation the registration fee shall be paid to the motor vehicle division
and the chiefs of police of said cities shall not be liable to fine for
failure to comply with the provision.

If such nonresident owner shall fail to so register such passenger
car, in the manner and within the time herein provided, he shall, unless
excused by the director for good cause shown, at the expiration of
such thirty-day period, immediately procure the registration of and a
license for such passenger car.

(a-2) Provided, however, that any nonresident from a State or
political division that does not require the registration of a vehicle
like that owned by such nonresident when such vehicle is owned and
operated by a resident of Virginia in the State or political division in
which the foreign vehicle owned or operated by such nonresident is
registered, such nonresident shall not be required to register such
vehicle in this State; provided, however, that this sub-section shall
not be construed as to permit the operation of any truck, trailer or
semi-trailer, the weight, length, width or height of which vehicle or
combination of vehicles is in violation of the provisions of this act ar
at a speed in violation of this act; nor shall the privileges provided i
this subsection apply to common carriers or passenger Cars. |

(b) Except as provided and permitted under the provisions of
subsection (a-2) of this section a nonresident owner of a foreign motor
vehicle, trailer or semi-trailer, which is regularly operated in this State,
or from a point or points without this State to a point or points within
this State, or from a point or points within this State to a point or
points without this State, or through this State, for purposes other
than purposes of pleasure, shall, unless otherwise provided in this sec-
tion, register such vehicle and pay the same fees therefor as are re-
quired with reference to like vehicles owned by residents of this State.
Any such owner who operates or permits to be operated one or more
such vehicles either simultaneously or alternately as often as four times
in any one month, shall be considered to be regularly operating such
vehicle and/or vehicles in this State.

Such nonresident owner, however, may operate or permit the op-
eration of foreign vehicles in this State as often as three times in any
one calendar month without the necessity of obtaining Virginia regis-
tration of and licenses for foreign vehicles so operated only upon the
following condition:

The owners or the operators of such foreign vehicles operated in
this State shall, upon first entering this State, temporarily register on
forms prepared and distributed by the division, at the first available
registration point after entering this State with the chief of police of
any city or town, with the clerk of a circuit, corporation or hustings
court, or with the division, the foreign vehicles so operated in this
State, stating the make of such foreign vehicles, the motor number
and serial number or other identification number of such foreign ve-
hicles, the license number assigned to such foreign vehicles by the
State, district or country in which such foreign vehicles are registered,
and the name and permanent address of the owners of such foreign
vehicles. ,

For such temporary registration there shall be paid to the chief of
police or clerk, making such registration a fee of twenty-five cents for
every foreign vehicle so registered ; in the event that such temporary
registration is with the division, such fee shall be paid to the division.
Upon the temporary registration cards to be issued under this subsec-
tion there shall be printed the day and month in the calendar year for
which issued. The operators of such foreign vehicles operated in this
State, shall, at all times while operating such foreign vehicles carry
on their person such temporary registration cards, and it shall be the
duty of such operators upon entering this State to immediately punch
out of such registration cards the date on which they entered this
State. Failure to procure such temporary registration cards, or to
have such registration cards in possession at all times, or to punch out
the date as herein required, shall serve to cancel the privileges ex-
tended to nonresidents under this subsection and to render such non-
residents liable for the immediate registration of the foreign vehicles
so operated.
It shall be the duty of each chief of police and of each clerk of a
circuit, corporation or hustings court upon being tendered the fee here-
in provided to register any such foreign vehicle and to forward a copy
of such temporary registration to the division within ten days of the
time of such registration. Failure, refusal or neglect on the part of
any chief of police or clerk to comply with the provisions of this sub-
section, shall subject such chief of police or clerk to a fine of not less
than ten ($10.00) dollars and not more than fifty ($50.00) dollars, and
may be ground for removal from office. Charges for dereliction of
the duties imposed by this subsection shall be tried by the court of
record having jurisdiction over the officer whose neglect is com-
plained of.

In the event that a nonresident owner of a foreign motor vehicle
operates such vehicle for purposes other than pleasure as often as four
times a month in this State exclusively in interstate commerce, and the
license fee prescribed by this subsection for such nonresident owner
becomes inoperative at any time, such nonresident owner shall pay in
lieu thereof the following charges: ,

For each such vehicle whose gross weight is less than five thousand
(5,000) pounds the sum of one cent per mile for each mile operated
over the public highways of this State; for each such vehicle whose
gross weight is five thousand (5,000) pounds, but less than ten thou-
sand (10,000) pounds, the sum of one and one-half cents per mile so
operated; for each such vehicle whose gross weight is ten thousand
(10,000) pounds, but less than fifteen thousand (15,000) pounds, the
sum of two cents per mile so operated ; and for each such vehicle whose
gross weight is fifteen thousand (15,000) pounds, or more, the sum of
two and one-half cents per mile so operated.

In the event that the mileage charge imposed by this subsection be-
comes operative, the director shall collect such charges and pay the
same to the State treasurer. For the purpose of collecting such charges
the director is authorized to promulgate such rules and regulations,
appoint such deputies or agents and perform such other acts as shall
be reasonable, necessary and proper for the collection of such charges.
The State treasurer shall, in the manner provided by law, pay out of
any funds so collected and paid to him the cost of the collection of said
charges, which payments shall be in addition to the appropriations
otherwise made to the division of motor vehicles, but shall not exceed
the amount so collected and paid to the State treasurer.

For the purpose of aiding in the enforcement of the provisions of
this subsection, with reference to the mileage charges, every nonresi-
dent operator required to pay such charges, while transporting prop-
erty in interstate commerce over the public highways of this State,
shall at all times cause to be in the possession of the person in charge
of such vehicle a bill of lading or way bill showing the point of origin
and destination of the property so transported. It shall be unlawful
for any such nonresident operator to fail or refuse to pay such charges,
or to have in his possession or exhibit any false or fraudulent bill of
lading or way bill.
For the purpose of this subsection “gross weight” shall be the
weight of the chassis (manufacturer’s shipping weight), plus one and
one-half times the manufacturer’s rated carrying capacity.

(c) Every nonresident, including any foreign corporation, carry-
ing on business within this State and owning and regularly operating
in such business any motor vehicle, trailer or semi-trailer within this
State, shall be required to register such vehicle and pay the same fees
therefor as is required with reference to like vehicles owned by resi-
dents of this State.

(e) Notwithstanding the other provisions of this section, the di-
rector, with the consent of the governor, may extend to the owners of
foreign vehicles operated in this State the same privileges which are
granted by the State, district or country wherein the owners of such
foreign vehicles are residents, to residents of the State of Virginia op-
erating vehicles in such State, district, or country.

({) It shall be unlawful and constitute a misdemeanor for any
person to operate a motor vehicle, trailer or semi-trailer, or for the
owner thereof to permit such motor vehicle, trailer or semi-trailer to
be operated in this State on a foreign dealers’ license, unless the oper-
ation of such motor vehicle, trailer or semi-trailer on such license is
specifically authorized by the director.

(¢) It is specifically provided that any nonresident who becomes
engaged in a gainful occupation in this State for a consecutive period
exceeding sixty days and temporarily domiciled in this State while in
such gainful occupation, shall be deemed a resident of this State for
the purpose of this act, and any such nonresident who shall operate a
motor vehicle in this State, shall secure the registration thereof and a
license therefor.

(h) Each nonresident owner of a motor vehicle, trailer or semi-
trailer making application for the registration thereof in this State,
shall file with such application a duly executed instrument, constituting
the director and his successors in office, his true and lawful attorney
upon whom all lawful process against and notice to such owner may be
served in any action or legal proceeding brought as the result of the
operation and/or use of his registered motor vehicle, within this State,
and therein shall agree that any process against or notice to such
owner shall be of the same force and effect as if served on such owner
within this State; the service of such process or notice shall be made
by leaving a copy of the same in the office of the director with a serv-
ice fee of three ($3.00) dollars to be taxed as a part of the costs of the
suit. Said director shall forthwith notify such owner of such service
by letter directed to him at the post office address stated in his
application.

(1) The acceptance by a nonresident of the rights and privileges
conferred by this section as evidenced by his operating a motor vehicle,
trailer or semi-trailer hereunder, or by the operation by a nonresident
of a motor vehicle, trailer or semi-trailer on a highway in this State,
other than under this section, shall be deemed equivalent to an appoint-
ment by such non-resident of the director or his successors in office, to
be his true and lawful attorney upon whom may be served all lawful
process against and notice to such nonresident in any action or pro-
ceeding against him, growing out of any accident or collision on which
said nonresident may be involved while operating a motor vehicle,
trailer or semi-trailer on such highway, and said acceptance or opera-
tion shall be a signification of his agreement that any such process
against or notice to him, which is so served, shall be of the same legal
force and validity as if served on him personally. Service of such pro-
cess or notice shall be made by leaving a copy of the process or notice
with a fee of three ($3.00) dollars in the hands of the director, or in
his office, and such service shall be sufficient upon the said nonresi-
dent ; provided, that notice of such service and a copy of the process
or notice are forthwith sent by registered mail by the director to the
defendant and the director’s affidavit of compliance herewith be filed
with the declaration or notice of motion.

The court in which the action is pending may order such con-
tinuances as may be necessary to afford the defendant reasonable op-
portunity to defend the action.

No judgment shall be entered against a nonresident under this or
the preceding subsection until after the process or notice has been
served as aforesaid, on the director, at least ten days.

Section 25. When director may grant temporary registration or
permit.—The director may, if in his opinion it shall be equitable, grant
a special temporary registration or permit for the operation of tractors,
tractor-trucks, trucks and heavy duty trailers for the transportation of
heavy construction equipment, cranes, well-digging apparatus, and
other heavy equipment upon the highways of this State from one point
to another within this State, or from this State to a point or points
without this State, or from without this State to a point or points with-
in this State. Such special registration or permit shall give the regis-
tration or permit number, the date of issue, the date of expiration and
the route to be traveled, and shall be displayed in a prominent place on
the vehicle or other apparatus.

For such special temporary registration or permit the applicant
therefor shall pay a fee based upon the sum of ten cents per mile for
each and every mile to be traveled by such tractor, tractor-truck, truck,
heavy duty trailer, crane, well-digging apparatus, or other heavy
equipment.

Nothing in this section shall be construed as imposing or permit-
ting the collection of the fee specified in this section if the vehicle for
which such temporary registration is issued has been registered under
the provisions of section thirty-five of this act.

Section 26. Notice of change in appearance or mechanical equip-
ment.—Each holder of a certificate of title of a motor vehicle, who
shall substitute in such vehicle another motor so that such motor ve-
hicle shall no longer conform to the description contained in the appli-
cation for said certificate of title shall, except as otherwise provided in
section fifteen, promptly after such change i is made secure a new certi-
ficate of title and registration for which he shall pay a fee of one
($1.00) dollar.

Section 27. Expiration of registration ; use of number plates.—(a)
Every registration under this act, on or before March thirty-first, nine-
teen hundred and thirty-three, unless otherwise provided, shall expire
on March thirty-first, nineteen hundred and thirty-three; every regis-
tration under this act thereafter, unless otherwise provided, shall ex-
pire on the thirty-first day of March next succeeding the date of regis-
tration. Every such registration shall be renewed annually upon ap-
plication by the owner and by payment of the fees required by law,
such renewal to take effect on the first day of April each year.

(b) Registration and number plates or a number plate issued
under the laws of this State for a succeeding license year may be used
without penalty on and after March fifteenth of the year preceding the
beginning of such license year; registrations and number plates or a
number plate issued under the laws of this State prior to April first,
nineteen hundred and thirty-three, for the license year ending on the
thirty-first day of March, nineteen hundred and thirty-three, may be
used without penalty during the first fifteen days of April, nineteen
hundred and thirty-three; thereafter, registrations and number plates
or a number plate issued under the laws of this State for a preceding
license year may be used without penalty during the first fifteen days
of a current license year.

(c) An owner who has made proper application for renewal of
registration of a motor vehicle, trailer or semi-trailer prior to April
first, but who has not received the number plates, plate or registration
card for the ensuing license year shall be entitled to operate or permit
the operation of such vehicle upon the highways upon displaying
thereon the number plates or plate issued for the preceding year for
such time to be prescribed by the division as it may find necessary for
issuance of such new plate or plates.

Section 28. Transfer of title or interest—(a) The owner of a
motor vehicle, trailer or semi-trailer registered under the foregoing
provisions of this act transferring or assigning his title or interest
thereto shall endorse an assignment and warranty of title upon the
reverse side of the certificate of title of such motor vehicle, trailer or
semi-trailer with a statement of all liens or encumbrances thereon,
shall acknowledge his signature thereto before a person authorized to
administer oaths and shall deliver the certificate to the purchaser or
transferee at the time of delivering the motor vehicle, trailer or semi-
trailer.

(b) The transferee shall thereupon write his name and address
with pen and ink upon the certificate of title, and except as provided
in the next sub-division of this section, shall immediately forward such
certificate to the division with an application for the registration of
such motor vehicle, trailer, or semi-trailer and for a certificate of title.

(c) When the transferee of such motor vehicle, trailer or semi-
trailer is a dealer who holds thé same for resale and operates the same
only for sales purposes under a dealer’s number plate or when such
1932 | ACTS OF ASSEMBLY . 633

transferee does not drive such motor vehicle, trailer or semi-trailer
nor permit such motor vehicle, trailer or semi-trailer to be driven upon
the highways, such transferee shall not be required to register such
motor vehicle, trailer or semi-trailer nor forward the certificate of title
to the division, as provided in the preceding paragraph, but such trans-
feree upon transferring his title or interest to another person shall
give notice of such transfer to the division and shall endorse and
acknowledge an assignment and warranty of title upon such certificate
and deliver the same to the person to whom such transfer is made.

(d) The division, upon receipt of a certificate of title properly
assigned and acknowledged, accompanied by an application for regis-
tration, shall register the motor vehicle, trailer or semi-trailer therein
described and shall issue to the person entitled thereto by reason of
such transfer a new registration card, number plate or plates, and cer-
tificate of title in the manner and form for the fees herein provided for
original registration.

(e) Whenever the applicant for the registration of a motor vehicle,
trailer or semi-trailer or a new certificate of title thereto is unable to
present a certificate of title thereto by reason of the same being lost or
unlawfully detained by one in possession, or the same is not otherwise
available, the division is hereby authorized to receive such application
and to examine into the circumstances of the case and may require the
filing of affidavits or other information, and when the division 1s satis-
fied that the applicant is entitled thereto, is hereby authorized to regis-
ter such motor vehicle, trailer, or semi-trailer and issue a new registra-
tion card, number plate or plates and certificate of title to the person
entitled thereto.

(f{) Except as otherwise provided in subsection (g) of this sec-
tion, in the event of the transfer by operation of law of the title or in-
terest of an owner in and to a motor vehicle trailer, or semi-trailer
registered under the provision of this act, as upon inheritance, devise
or bequest, order in bankruptcy or insolvency, execution sale, reposses-
sion upon default in the performing the terms of a lease or executory
sales contract or otherwise than by the voluntary act of the person
whose title or interest is so transferred, the transferee or his legal rep-
resentative shall make application to the division for a certificate of
title therefor, giving the name and address of the person entitled there-
to, and accompany such application with the registration card and
certificate of title previously issued for the motor vehicle, trailer or
semi-trailer, if available, together with such instruments or documents
of authority, or certified copies thereof, as may be required by law to
evidence or effect a transfer of title or interest in or to chattels in such
case. The division when satisfied of the genuineness and regularity of
such transfer, shall cancel the registration of such motor vehicle, trailer
or semi-trailer and issue a new certificate of title therefor to the person
entitled thereto. The transferee may also apply for and obtain the
registration of such motor vehicle, trailer or semi-trailer.

(¢) Upon the transfer of ownership of any motor vehicle, trailer
or semi-trailer, its registration shall expire and the person in whose
name such vehicle is registered, shall within thirty days return the
certificate of registration and the number plates to the division with a
written notice, under oath, containing the date of such transfer of
ownership, and the name and place of residence and post office address
of the owner; provided, upon the death of an owner of a registered
motor vehicle its registration shall, unless such vehicle shall be de-
stroyed, be deemed to continue in force as a valid registration until the
end of the year or until the ownership of such vehicle shall be trans-
ferred before the end of such year by the executor of the will or ad-
ministrator of the estate of such deceased owner or by the legatee or
distributee. A person who shall transfer to another the ownership of
a registered motor vehicle, trailer or semi-trailer owned by him, upon
the filing of a new application, may have registered in his name an-
other such vehicle of the same or less weight or to another vehicle in
his possession of greater weight upon payment of the amount of the
difference in the registration fee between the two vehicles. Such trans-
fer shall be in accordance with the rules and regulations of the division.

Section 29. When manufacturer or dealer to notify division of

transfer—Every manufacturer or dealer, upon transferring a motor
vehicle, trailer or semi-trailer, whether by sale, lease or otherwise, to
any person other than a manufacturer or dealer, shall immediately
give notice of such transfer to the division upon the official form pro-
vided by the division. Every such notice shall contain the date of
such transfer, the names and addresses of the transferer and the trans-
feree and such description of the motor vehicle, trailer or semi-trailer
as may be called for in the official form. ,
Section 30. Lost or mutilated plates, registration cards and certi-
ficates of title ; how duplicates may be obtained.—In the event that any
number plate, or plates, registration card, or certificate of title issued
hereunder shall be lost, mutilated, or shall have become illegible, the
person who is entitled thereto shall make immediate application for
and obtain a duplicate or substitute therefor upon furnishing informa-
tion of such fact satisfactory to the division and upon payment of the
required fee as herein provided; for a registration card there shall be
no charge; for a certificate of title two ($2.00) dollars; for one regis-
tration number plate one ($1.00) dollar; for two registration number
plates two ($2.00) dollars. A person, having once applied for and re-
ceived a duplicate or substitute set of number plates, shall not be en-
titled to again apply for and receive a duplicate or substitute set of
number plates during the license year for which the original set of
plates were issued.

Section 31. Duty of owner when engine or serial number or other
identification number becomes illegible, or is removed or obliterated.—
The owner of a motor vehicle, trailer or semi-trailer upon which the
engine or serial number or other identification number has become
illegible or has been removed or obliterated shall immediately make
application to the division for a new engine or serial number or other
identification number for such motor vehicle, trailer, or semi-trailer.
The division, when satisfied that the applicant is the lawful owner or
1932] ACTS OF ASSEMBLY __ 635

possessor of the motor vehicle, trailer, or semi-trailer referred to in
the application, is hereby authorized to assign a new engine or serial
number or other identification number thereto and shall require that
such number, together with the name of this State or a symbol indi-
cating this State, and the date of such assignment be stamped upon the
engine, or in the event such number is a serial number or other iden-
tification number then upon such portion of the motor vehicle, trailer,
or semi-trailer as shall be designated by the division. Whenever a
new engine or serial number or other identification number has been
assigned to and stamped upon a motor vehicle, trailer, or semi-trailer
as provided for in this section, the division shall insert such number
upon the registration card and certificate of title issued for such motor
vehicle, trailer or semi-trailer.

Section 32. When registration or certificate of title or operator’s
or chauffeur’s license shall be refused—The division shall not grant
an application for the registration of a motor vehicle, trailer or semi-
trailer or certificate of title therefor or an operator’s or chauffeur’s
license in any of the following events:

(a) When the applicant therefor is not entitled thereto under the
provisions of this act.

(b) When the applicant has neglected or refused to furnish the
division with the information required in the appropriate official form
or reasonable information required by the division.

(c) When the fees required therefor by law have not been paid.

(d) When the vehicle is not equipped with proper brakes, proper
lights, proper horns, or warning devices, proper mirror, muffler or cut-
out, windshield wiper, or proper steering gear adequate to insure the
safe control of the vehicle as required by this act, or when such ve-
hicle is equipped with a smoke screen device, or when required by law
a proper electrical or mechanical signalling device.

(e) When an applicant, if not a resident of this State, has not
filed with the director a power of attorney appointing him the appli-
cant’s authorized agent or attorney-in-fact upon whom process or no-
tice may be served as required in section twenty-three of this act. _

Section 33. When registration shall be revoked.—(a) The division
shall revoke, rescind and cancel the registration of any motor vehicle,
trailer or semi-trailer which the division shall determine is unsafe or
unfit to be operated or is not equipped with proper brakes, proper
lights, proper horns or warning devices, proper mirror, muffler or cut-
out, windshield wiper or proper steering gear adequate to insure the
safe control of the vehicle as required by this act, or when such ve-
hicle is equipped with a smoke screen device, or when required by law
a proper electrical or mechanical signalling device.

(b) The division shall revoke, rescind and cancel the registration
of a motor vehicle trailer or semi-trailer, and shall revoke, rescind;
cancel or repossess the registration card, registration or license num-
ber plate or plates, or operator’s license or chauffeur’s license, when-
ever the person to whom the registration card, or registration or
license number plate or plates or operator’s or chauffeur’s license has
been issued shall make or permit to be made an unlawful use of the
same or permit the use thereof by a person not entitled thereto.

(c) Should any person, firm or corporation, after receiving a
license from the director of the division of motor vehicles, as herein
provided, operate or attempt to operate, in unlawful competition with
the holder of a motor vehicle carrier’s certificate, such person, firm or
corporation shall be deemed guilty of a misdemeanor; and, upon con-
viction thereof before any court having jurisdiction of the territory
within which any part of such operation or competition takes place,
shall be fined not less than fifty ($50.00) dollars nor more than two
hundred and fifty ($250.00) dollars, and each day’s operation or com-
petition shall constitute a separate offense, and the license of such
convicted person, firm or corporation shall be revoked by the director
of the division of motor vehicles. But nothing contained in this sub-
section shall apply to taxicabs and for hire vehicles for the transporta-
tion of passengers whose business originates in cities and towns but
who may make occasional trips outside of such corporate limits.

(d) From any such action by the division, an appeal shall lie as
of right to any court of record having competent jurisdiction.

Section 33%4. It shall be unlawful for any person, firm or corpora-
tion, after receiving a license from the director of the division of motor
vehicles as herein provided to transport any commodity in any terri-
tory at a less freight rate or charge than that fixed by the State cor-
poration commission for a common carrier for the same commodity in
the same territory. ,

Section 34. Notice of theft or embezzlement of vehicles—When-
ever the owner of any motor vehicle, trailer or semi-trailer which is
stolen or embezzled, notifies the division of such theft or embezzle-
ment, provided in the event of an embezzlement, the owner shall have
first procured a warrant for the arrest of the persons charged with
such embezzlement, the division shall immediately suspend the regis-
tration of such motor vehicle, trailer or semi-trailer until such time as
it shall be notified that the owner has recovered such motor vehicle,
trailer or semi-trailer, but notices given as heretofore provided shall
be effective only during the current registration year in which given,
but if during such year such motor vehicle, trailer or semi-trailer is
not recovered, a new notice may be given with like effect during the
ensuing year. Every owner who has given a notice of theft or em-
bezzlement must immediately notify the division of the recovery of
such motor vehicle, trailer or semi-trailer.

Section 35. Registration fees.—For the vear nineteen hundred and
thirty-two there shall be paid to the division for the registration of
motor vehicles, trailers and semi-trailers, fees according to the sched-
ule set forth in section twenty-nine of chapter one hundred and forty-
nine of the Acts of the General Assembly, of nineteen hundred and
twenty-six, which is an act entitled “an act to continue the office of
motor vehicle commissioner; to provide for his election; to prescribe
his powers and duties; to protect the title of motor vehicles; to pro-
vide for the registration of titles thereto and the issuance of certifi-
cates of title; to prescribe the effect of such registration; to provide
for the licensing of motor vehicles and chauffeurs ; to provide penalties ;
and to repeal all acts and parts of acts in conflict herewith,” approved
March seventeenth, nineteen hundred and twenty-six, as last amended
by an act approved March twenty-sixth, nineteen hundred and thirty,
which section is expressly continued in force for this purpose.
Such registration shall not expire until March thirty-first, nineteen
hundred and thirty-three. For the registration of any motor vehicle,
trailer or semi-trailer on and after January first, nineteen hundred and
thirty-three and before the first day of April, nineteen hundred and
thirty-three the fee shall be as provided by section twenty-nine of the
said chapter one hundred and forty-nine of the Acts of the General
Assembly of nineteen hundred and twenty-six, as amended, for the
last three months period of any year.

On and after the first day of April, nineteen hundred and thirty-
three, there shall be paid to the division for the registration of motor
vehicles, trailers and semi-trailers, fees according to the following
schedule:

(a) The fee for certificate of title shall be one ($1.00) dollar.

(b) All motor vehicles, trailers, and semi-trailers designed and
used for the transportation of passengers shall be licensed according
to weight. Manufacturer’s shipping weight shall be used in determin-
ing the license fees herein prescribed. The fee for the certificate of
registration and license plates to be paid by the owner of the motor
vehicle shall be seventy cents per hundred pounds of weight or major
fraction thereof ; provided that no fee for an automobile shall be less
than twelve and one-fourth ($12.25) dollars per year, and no fee for
a motorcycle shall be less, than five ($5.00) dollars per year and two
($2.00) dollars addition for each side car.

(c) The fee for the certificate of registration and license plates to
be paid by the owners of trucks and tractor trucks other than com-
mon carriers operating under authority of the State corporation com-
mission shall be based on the capacity of such truck or tractor-truck
and shall be according to the following schedule: One (1) ton or less
capacity, fifteen ($15.00) dollars; one and one-half (114) ton capacity,
twenty ($20.00) dollars; two (2) ton capacity, thirty ($30.00) dollars ;
two and one-half (214) ton capacity, fifty ($50.00) dollars; three (3)
ton capacity, seventy-five ($75.00) dollars; three and one-half (3%)
ton capacity, one hundred ($100.00) dollars; four (4) ton capacity,
one hundred and fifty ($150.00) dollars; four and one-half (4%) ton
capacity, two hundred ($200.00) dollars; five (5) ton capacity, two
hundred and fifty ($250.00) dollars; five and one-half (514) ton capac-
ity, three hundred ($300.00) dollars; six (6) ton capacity, three hun-
dred and fifty ($350.00) dollars; six and one-half (614) ton capacity,
four hundred and fiftv ($450.00) dollars; seven (7) ton capacity, five
hundred and fifty ($550.00) dollars: seven and one-half (7%) ton
capacity, six hundred and fifty ($650.00) dollars; eight (8) ton capac-
ity, seven hundred and fifty ($750.00) dollars; eight and one-half
(814) ton capacity, eight hundred and fifty ($850.00) dollars; nine (9)
ton capacity, nine hundred and fifty ($950.00) dollars: nine and one-
half (9%) ton capacity, one thousand and fifty ($1,050.00) dollars;
ten (10) ton capacity, eleven hundred and fifty ($1,150.00) dollars.

(d) The owners of trailers and semi-trailers other than those pro-
vided in subsection (b) of this section, shall pay for the certificate of
registration and license plates therefor one-half (14) of the fee pro-
vided for in subsection (c) for trucks of like capacity, except that a
fee for a trailer or a semi-trailer having a carrying capacity of one-
half (%2) ton or less shall be ten ($10.00) dollars.

(e) Every manufacturer, agent or dealer in motor vehicles, trail-
ers and semi-trailers, on or before the first day of April in each year,
or before he commences to operate vehicles to be sold by him, shall
make application to the director for a dealer’s certificate of registration
and license. The application shall state the make of the machines hand-
led by the manufacturer, agent or dealer. On the payment of the fee of
thirty-five dollars a certificate of registration and license shall be
issued to the dealer in such form as may be prescribed by the director.
For such fee the director shall issue to such dealer two (2) sets of
number plates, and for each additional set in excess of two (2) a fee
of seven dollars and fifty cents ($7.50) per set shall be paid; provided
the fee for a motorcycle dealer shall be twenty-five ($25.00) dollars
for the first three (3) sets of plates and seven ($7.00) dollars for each
additional set of plates, but if the application of such manufacturer,
agent, or dealer in motor vehicles, as herein provided, be made after
the first day of December of any year, then the amount or amounts he
shall be required to pay for the certificate of registration and license,
provided for hereunder shall be half, only, of the fee herein prescribed.

It shall be unlawful for any such manufacturer, dealer, agent, or
any other person to use such number plates other than on motor ve-
hicles, trailers and semi-trailers used in connection with their busi-
ness ; provided that dealers’ tags shall not be used on motor vehicles
for the use or operation of which dealers’ charge or receive compen-
sation, such as wrecking cranes or other service motor vehicles, and
any violation of this section shall be punished by a fine of not less
than twenty-five ($25.00) dollars, and not more than one hundred
($100.00) dollars.

(f{) For the operation of each motor vehicle, trailer, or semi-
trailer operated in intrastate commerce as a property carrier for
compensation, but not as a motor vehicle carrier operating, or which
should operate, under a certificate issued by the State corporation
commission as provided by law, there shall be paid a fee which shall
be one and one-half times the amount of the fees as provided in sub-
section (c) and (d). Any person who shall operate, or who shall per-
mit the operation of any motor vehicle, trailer, or semi-trailer over
any highway (as that word is defined in this act) of this State, in in-
trastate commerce as a property carrier for compensation, but not as
a motor vehicle carrier operating, or which should operate, under a
certificate issued by the State corporation commission as provided by
law, without first having paid to the director the fee prescribed by this
subsection shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than fifty ($50.00) dol-
lars nor more than five hundred ($500.00) dollars, or by imprison-
ment in jail for a period not to exceed six months,or by both such fine
and imprisonment.

The presence on a motor truck, tractor-truck, trailer or semi-trailer
of property for which the owner or operator of such motor truck, trac-
tor-truck, trailer or semi-trailer is unable to show evidence of owner-
ship of such property, or indirect evidence of having produced same, or
that he has sold same in the regular course of his usual business, shall
be prima facie evidence that he is transporting such property for
compensation.

The director, division of motor vehicles, may issue appropriately
designated tags for property carrying vehicles to applicants holding
themselves out for private employment, and who agree that they will
not operate upon a regular schedule, nor solicit nor receive patronage
along the route or between cities, towns or locations served by motor
vehicle carriers operated under certificates granted by the State cor-
poration commission.

The director, division of motor vehicles, may issue appropriately
designated tags for passenger transportation to applicants who agree
and undertake not to solicit the transportation of persons over the
improved public highways and/or between incorporated communities,
nor to operate upon a regular schedule, nor to receive patronage at
intermediate points between their points of origin and destination,. but
who may be privately employed for a specific trip.

(g) For the operation of each motor vehicle, trailer or semi-
trailer kept or used for rent or hire for the transportation of passen-
gers, but not as a motor vehicle carrier under the certificate issued by
the State corporation commission or as a motor vehicle carrier which
should secure such certificate, there shall be paid in addition to the
fees provided in subsection (b) of this section the sum of five ($5.00)
dollars for each revenue producing seat; provided that holders of cer-
tificates issued by the State corporation commission, and persons op-
erating motor vehicles, trailers, or semi-trailers for the transportation
of passengers in any city pursuant to a franchise granted by such city,
may use any of their regularly licensed vehicles, of a seating capacity
of more than twelve for infrequent trips, for the transportation of
special parties, either on or off their regular route, upon the written
permission of the director of the division of motor vehicles, and for
such privilege there shall be paid five ($5.00) dollars for each such
trip, for each vehicle so employed. Every person, firm or corporation
engaged in hiring or renting motor vehicles in this paragraph men-
tioned, shall furnish to the director of the division of motor vehicles,
whenever required so to do, a list of motor vehicles used or employed
in such business, and with such description thereof when and as may
be required by the said director. Any person who shall operate, o1
who shall permit the operation of, any motor vehicle, trailer or semi-
trailer over any highway (as that word is defined in this act) of this
State, for the transportation of passengers for compensation, but not
as a motor vehicle carrier operating, or which should operate, under
a certificate issued by the State corporation commission as provided
by law, without first having paid to the director the fee prescribed by
this subsection shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than fifty ($50.00) dol-
lars, nor more than five hundred ($500.00) dollars, or by imprison-
ment in jail for a period not to exceed six months or by both such fine
and imprisonment. -

(h) Three-quarters of the license fee herein required to be paid by
the owner of a machine shall be collected whenever such license is is-
sued on or after the first day of July in any year.

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 October in any year.

One-quarter 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 December of any year.

(1) These fees shall be paid to the director who shall issue cer-
tificates of registration and license and number plates, as provided for
in this act.

(j) Incorporated towns and cities may levy and assess taxes and
charge license fees and taxes upon vehicles, as heretofore, except license
fees and taxes upon motor vehicles used by a dealer or manufacturer for
sales purposes. Such license fees and taxes to be charged, imposed and
assessed in such manner, on such basis, and for each period, as the
proper authorities of such incorporated towns and cities may deter-
mine, and subject to proration for fractional periods in the same man-
ner as prescribed in subsection (1) hereof.

Provided, however, that no incorporated town or city may levy
and assess taxes and charge license fees and taxes upon any motor
vehicle on which similar taxes and/or fees are charged or assessed
by the incorporated town or city of which the owner of such vehicle is
a resident; nor may more than one incorporated town or city exact
such license fee or tax on the same vehicle.

(k) Any officer authorized to enforce the motor vehicle laws,
having reasons to believe that the gross weight or carrying capacity
of a motor vehicle, trailer, or semi-trailer exceeds that for which it is
licensed is authorized to weigh the same either by means of loadmeters
or scales.

(m) On all vehicles registered under subsections (f) and (g) of
this section, the owner thereof shall cause to be printed or painted
on such vehicle in letters not less than two-.inches in height the name
of such owner, and the city, town, or county in which such owner has
located his principal place of business.

(n) Any owner of a motor vehicle, trailer, or semi-trailer who
shall purchase articles, merchandise, commodities or things at one
point or points and transport them in said motor vehicle, trailer, or
semi-trailer to another point or points for sale at the latter point or
points, in the sale price of which is reflected a charge for the trans-
portation of such articles, merchandise, commodities or things, or
who shall permit any such vehicle to be so used by another, shall be
deemed to be operating such vehicle for hire; provided, however, this
provision shall not apply to merchants maintaining a regular place
of business and delivering by motor vehicle, trailer, or semi-trailer,
articles, merchandise, commodities and things sold by them, for which
no transportation charge directly or indirectly is made.

Nothing in this section shall be construed so as to apply to a com-
mon carrier of persons or property holding a certificate issued by the
State corporation commission.

Section 36. Chauffeurs’ license, how obtained; form of license.—
Any person other than the Owner of a motor vehicle or a member of
his family, which has been registered and licensed to be operated in
this State, whose principal duty or occupation requires him to drive a
motor vehicle, and any person other than the owner, who drives a
motor vehicle while in use as a public or common carrier of persons
or property before he shall operate a motor vehicle in this State shall
first take out a chauffeur’s license, which shall expire on March thirty-
first of each year. The applicant shall make application to the director
which application shall give the name of the applicant, his residence,
post office address, age and experience in operating motor vehicles,
and shall be sworn to before some officer authorized to administer
oaths. There shall be appended to such application a statement by
two reputable citizens, that the applicant is a fit person and is compe-
tent to operate such vehicle.

On the payment of five ($5.00) dollars, the director 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 motor vehicle,
the badge to be plainly in evidence upon the lapel of the chauffeur’s
cap. The form of license shall be prescribed by the director.

Provided that no charge shall be made for the issuance o
feur’s license to firemen, policemen or other officers_
the State, or any of its political subdivisio agencies which may
be necessary in connection with the operation of motor vehicles owned
by the State, its political subdivisions or agencies.

Section 37. Disposition of fees——Except as otherwise provided in
sections ten and one hundred and nine, all fees and licenses collected
pursuant to the provisions of this act shall be paid into the State
treasury, and warrants for the expenditure of funds.necessary for the
proper enforcement of this act shall be issued by the comptroller upon
certificates of the director or his representatives, designated by him
and bonded, that the parties entitled thereto, and shall be paid by the
State treasurer out of the said funds, not exceeding the amount appro-
priated in the general appropriation bill.

This fund, except as is otherwise provided in this section, shall
constitute a special fund to be expended under the direction of the
State highway commissioner for the maintenance of roads and bridges
in the State highway system; provided, however, that the State high-

21

way commission may in its discretion first set aside, out of said funds
each year, the amount in their judgment necessary for the maintenance
of the roads and bridges in the State highway system and expend in
their discretion the balance of said fund for construction or recon-
struction of roads and bridges in the State highway system under the
provisions of sections five, six, eight and nine, or any amendments
thereto, of chapter four hundred and three of the Acts of the General
Assembly of nineteen hundred and twenty-two, provided any funds
available for construction or reconstruction under the provisions of
this section, shall be nearly as possible equitably apportioned by the
commission among the several construction districts; provided, fur-
ther, that no part of the said maintenance fund shall be expended on
toll roads so long as tolls are collected thereon. The State highway
commissioner is hereby authorized to expend part of the funds which
may be available for maintenance, and of those that may be available
for construction of roads in the State highway system, for the main-
tenance, construction or reconstruction of roads and bridges in the
State highway system in incorporated towns of thirty-five hundred in-
habitants or less, according to the United States census of nineteen
hundred and twenty, provided that no greater amount per mile for
maintenance, construction or reconstruction is expended within the
corporate limits of any town than the average amount per mile ex-
pended for similar maintenance, construction or reconstruction of
roads in the State highway system for a distance of five miles outside
the corporate limits of such town on the road of which part within the
corporate limits is a section; but the State highway commissioner may
in his discretion enter into agreements with the corporate authorities
of any such town, providing for the construction of a wider or more
expensive type of road, or for additional expenditure for adequate
maintenance, provided that in such case the amount of the cost of
such construction, reconstruction or maintenance in excess of the
amount which the State highway commission is authorized to expend
under the provisions hereof be borne by the town; and provided fur-
ther that there may be paid out of this fund as a contribution toward
the construction, reconstruction and/or maintenance of streets in cities
or towns and such sums as may be provided by law; and provided,
further, that there may also be paid out of this fund such amounts as
may be provided by law for the expense and operation and mainte-
nance of the department of highways and the division of motor
vehicles. |

Section 38. Violation of registration provisions.—It shall be un-
lawful for any person to commit any of the following acts:

First: To operate or for the owner thereof to knowingly permit
the operation upon a highway of any motor vehicle, trailer, or semi-
trailer which is not registered or for which a certificate of title has
not been issued or which does not have attached thereto and displayed
thereon the number plate or plates assigned thereto by the division
for the current registration year, subject to the exemptions mentioned
1932] ACTS OF ASSEMBLY 64:

in sections twenty-two, twenty-three, twenty-five and twenty-six of
this act. |

Second. To display, cause or permit to be displayed or to have in
possession any registration card, certificate of title or registration
number plate or chauffeur’s license, knowing the same to be fictitious
or to have been cancelled, revoked, suspended or altered. :

Third. To lend or to knowingly permit the use by one not entitled
thereto any registration card number plate or chauffeur’s license, is-
sued to the person so lending or permitting the use thereof.

Fourth. To fail or refuse to surrender to the division, upon de-
mand, any certificate of title or registration card or registration num-
ber plate, or chauffeur’s license, which has been suspended, cancelled
or revoked as in this act provided.

Fifth. To use a false or fictitious name or address in any applica-
tion for the registration of any motor vehicle, trailer or semi-trailer
or for a certificate of title or for chauffeur’s license, or for any re-
newal or duplicate thereof, or to knowingly make a false statement or
to knowingly conceal a material fact or otherwise commit a fraud in
any such application.

Section 39. Making false affidavit or swearing falsely, perjury.—
Any person who shall knowingly make any false affidavit or shall
knowingly swear or affirm falsely to any matter or thing required by
the terms of this act to be sworn or affirmed to shall be guilty of per-
jury and upon conviction shall be punishable by a fine and impris-
onment as other persons committing perjury are punishable.

Section 40. When unlawful to have in possession certificate of

title issued to another.—It shall be unlawful and constitute a misde-
meanor for any person in this State to have in his possession a cer-
tificate of title issued by the director to a person other than the holder
thereof, unless and until the certificate of title has been duly assigned
to the holder and acknowledged before a party authorized to admin-
ister oaths as provided in this act. This section shall not apply to
lienors who legally hold such certificates of title as provided in this
act. "
Section 41. Dealers receiving vehicles for which certificates of
titles have been issued to others, to report to division—Dealers re-
ceiving motor vehicles, trailers or semi-trailers for which certificates
of title have been issued by the director to persons other than the
dealer so receiving such motor vehicle, trailer, or semi-trailer shall
report to the division the receipt of such motor vehicle, trailer or
semi-trailer within five days after the receipt thereof, stating the
make, type, motor number, serial number or other identification num-
ber of such motor vehicle, trailer or semi-trailer, the name and address
of the former owner, the number of the title certificate and the date
such motor vehicle, trailer or semi-trailer was received. Any violation
of this section shall be unlawful and shall constitute a misdemeanor.

Section 42. Unlawful for lienor who holds certificate of title not
to surrender same when lien satisfied.—It-shall be unlawful and con-
stitute a misdemeanor for a lienor who holds a certificate of title as
provided in this act to refuse or fail to surrender such certificate of
‘itle to the person legally entitled thereto within ten days after his
lien shall have been paid and satisfied.

Section 43. Receiving or transferring stolen vehicles—(a) Any
person who with intent to procure or pass title to a motor vehicle,
trailer, or semi-trailer which he knows or has reason to believe has
been stolen, shall receive or transfer possession of the same from one
to another, or who shall with like intent have in his possession any
motor vehicle, trailer or semi-trailer which he knows or has reasons
to believe has been stolen, and who is not an officer of the law engaged
at the time in the performance of his duty as an officer, shall be
cuilty of a felony and upon conviction shall be punished as provided
in section one hundred and twenty of this act.

(b) Any person who shall sell, trade, exchange or barter a motor
vehicle, trailer or semi-trailer in this State without first having se-
cured a certificate of title therefor from the division, or without legally
having in his or her possession a certificate of title therefor issued by
the division to the owner thereof, except as otherwise provided in this
act, shall be guilty of a misdemeanor and shall be punished as pro-
vided in section one hundred and nineteen of this act.

(c) Any person who shall purchase, trade, exchange or barter for
a motor vehicle, trailer or semi-trailer in this State, knowing or hav-
ing reason to believe that the vendor thereof has not secured a certi-
ficate of title from the division, or knowing or having reason to be-
lieve that the vendor thereof does not legally have in his or her pos-
session a certificate of title therefor issued by the division to the owner
thereof, except as otherwise provided in this act, shall be guilty of a
misdemeanor and shall be punished as provided in section one hundred
and nineteen of this act.

Section 44. Injuring vehicles——(a) Any person who shall ind1-
vidually, or in association with one or more others wilfully break, in-
jure, tamper with or remove any part or parts of any motor vehicle,
trailer or semi-trailer for the purpose of injuring, defacing or de-
stroying such motor vehicle, trailer or semi-trailer, or temporarily ot
permanently preventing its useful operation, or for any purpose
against the will or without the consent of the owner of such motor
vehicle, trailer or semi-trailer, or who shall in any other manner wil-
fully or maliciously interfere with or prevent the running or operation
of such motor vehicle, trailer or semi-trailer, shall be guilty of a mis-
demeanor.

(b) Any person who shall individually, or in association with one
or more others remove, change or alter-any motor number, serial 01
other identification number, without the consent of the division, shal
be guilty of a misdemeanor and shall be punished as provided in sec.
tion one hundred and nineteen of this act.

(c) Any person who shall knowingly have in his or her posses
sion a motor vehicle, trailer or semi-trailer, the motor number, seria
number or identification number of which has been removed, changec
or altered without the consent of the division, shall be guilty of a mis
demeanor and shall be punished as provided in section one hundred
and nineteen of this act.

Section 45. Unlawful to sell or operate vehicles without identifi-
cation numbers assigned; exception.—It shall be unlawful to sell, or
to operate upon any highway in this State, any motor vehicle, trailer
or semi-trailer which does not have stamped upon or cut into the
motor thereof the motor number assigned thereto by the manufacturer
or by the director, or any trailer or semi-trailer which does not bear
a permanent serial or other identification number assigned thereto by
the manufacturer thereof or by the director with the exception that
nonresident owners who are permitted to operate motor vehicles, trail-
ers or semi-trailers without registration, under the registration pro-
vision relating to nonresidents contained in section twenty-three of
this act, shall not be required to comply with the provisions of this
section before operating a motor vehicle, trailer or semi-trailer upon
the highways of this State.

The director shall have authority to adopt reasonable rules and
regulations to carry out the provisions of this section.

Section 46. Altering or forging certificate of title, a felony—Any
person who shall alter, with fraudulent intent, any certificate of title
or registration card or license plate or plates issued by the division,
or forge or counterfeit any certificate of title or registration card, li-
cense plate or plates purporting to have been issued, by the division
under the provisions of this act or who shall alter or falsify with
fraudulent intent or forge any assignment thereof, or who shall hold
or use any such certificate, registration card or assignment, license
plate or plates, knowing the same to have been altered, forged, or
falsified, shall be guilty of a felony and upon conviction thereof shall
be punished as provided in section one hundred and twenty of this act.

The owner of a vehicle, if operating same when such vehicle has
altered or forged license plates thereon, used as identification plates,
shall be deemed to have knowledge of such alteration or forgery.

Section 47. Driving vehicle without owner’s consent; how pun-
ished.—Any person who shall take, drive or use a motor vehicle,
trailer or semi-trailer not his own, without the consent of the owner
thereof and in the absence of the owner, and with intent to tempo-
rarily deprive the owner thereof of his possession thereof, without in-
tent to steal the same, shall be guilty of a misdemeanor. The consent
of the owner of a motor vehicle, trailer or semi-trailer to its taking
driving or using shall not in any case be presumed or implied because
of such owner’s consent on a previous occasion to the taking, driving
or using of such motor vehicle, trailer or semi-trailer by the same or a
different person. Any person who assists in, or is a party or accessory
to, or an accomplice in, any such unauthorized taking, driving or us-
ing, shall also be guilty of a misdemeanor.

Section 48. Tampering with vehicle—Any person who shall,
without the consent of the owner or person in charge of a motor ve-
hicle, trailer or semi-trailer, climb into or upon such motor vehicle,
trailer or semi-trailer with the intent to commit any crime, malicious
mischief, or injury thereto, or who, while a motor vehicle, trailer or
semi-trailer is at rest and unattended, shall attempt to manipulate any
of the levers, and starting crank or other device, brakes, or mechanism
thereof or to set said motor vehicle, trailer or semi-trailer in motion,
shall be guilty of a misdemeanor, except that the foregoing provision
shall not apply when any such act is done in an emergency or in
furtherance of public safety or by or under the direction of an officer
in the regulation of traffic or performance of any other official duty.

CHAPTER III

REGULATION OF TRAFFIC

Section 49. Unlawful not to comply with chapter.—It shall be
unlawful for any person to refuse, fail or neglect to comply with any
of the provisions of this chapter. ,

Section 50. Drivers of State, county and city vehicles, subject to
provisions of this chapter—The provisions of this chapter 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 city, town, dis-
trict or any other political subdivision of this State subject to such
specific exceptions as are set forth in this chapter. |

Section 51. Persons riding bicycles or animals to obey traffic reg-
ulations—Every person riding a bicycle or an animal upon a roadway
and every person driving any animal shall be subject to the provisions
of this chapter applicable to the driver of a vehicle, except those pro-
visions which by their very nature can have no application.

Section 52. Powers of local authorities——Local authorities in
cities or towns shall have no power or authority to decrease any speed
limitation declared in this chapter or to enact or enforce any ordi-
nance, rule or regulation contrary to the provisions of this chapter,
except that such local authorities shall have power to provide by ordi-
nance for the regulation of traffic by means of traffic officers or sema-
phores or other signalling devices on any portion of the highway
where traffic is heavy or continuous, or where in their judgment condi-
tions may require, and may prohibit other than one way traffic upon
certain highways and may regulate the use of the highways by pro-
cessions or assemblages.

Such local authorities may also, when and where conditions re-
quire: ,

(a) Adopt any such ordinances, rules and regulations not in con-
flict with the provisions of this chapter, as the proper local authority
shall deem advisable and necessary, and to repeal, amend or modify
any such ordinance, rule or regulation ; provided, however, that such
ordinances, rules, or regulations shall not be deemed to be violated
if, at the time of the alleged violation, the designation placed in con-
forniity with this paragraph was missing, effaced, mutilated, or de-
faced, so that an ordinary observant person, under the same circum.
stances, would not be apprised of or aware of the existence of such
1932] ACTS OF ASSEMBLY 64;

rule. Such authority may also, when and where conditions require
enact ordinances, or adopt police regulations, requiring all vehicles tc
come to a full stop at any street intersection other than a street whict
has been designated for service of through traffic in connection wit
the State highway system. , |

(b) Officers of the law, authorized or permitted under this chap-
ter, shall, by voice, hand or signal, direct all traffic, but shall not for-
bid or prevent any one from proceeding or standing in a manner per-
mitted or required by law. .

(c) Signals by traffic officers shall be as follows:

(1) By hand, to stop traffic, stand with shoulders parallel with
moving traffic, and with arms raised forty-five degrees above shoul-
der toward moving lines of traffic, hand extended, palm toward traffic
to be stopped. Repeat movement with other hand to stop traffic op-
posite direction. By hand, to move traffic, stand so that shoulders are
parallel to line of traffic to be moved. Extend right arm and hand
full length, height of shoulders toward said traffic, fingers extended
and joined, palm downward, bring hand sharply in direction traffic is
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 traf-
fic shall immediately clear the intersection and stop.

(d) Signals by lights or semaphores shall be as follows: Red in-
dicates 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 not in operation, the use of an amber light in-
dicates need for caution.

(e) The authorities of counties in this State shall have no au-
thority to adopt any ordinances, rules and regulations concerning
matters covered by this chapter of this act. All ordinances, rules and
regulations adopted by the authorities of any county in conflict with
the provisions of this subsection of this section are hereby repealed.

Provided, however, that nothing in this subsection shall apply to
the authorities or the ordinances, rules and regulations adopted by
the authorities of any county which adjoins a city within or without
this State having a population of one hundred and twenty-five thous-
and or more, provided such county has a trial justice, and, provided,
further, that the fines collected for the violation of such ordinances
shall be paid to the State when the arrest is made by an officer of any
livision of the State government.
Section 53. 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 54. Local traffic signs——Local authorities in cities and
towns in their respective jurisdiction may cause appropriate signs to
be erected and maintained, designating residence and business dis-
tricts, highways and steam or interurban railway grade crossings
and such other signs as may be deemed necessary to carry out the pro-
visions of this chapter of this act, and to control traffic.

Section 55. Other than official signs prohibited—No unauthor-
ized person shall erect or maintain upon any highway any warning or
direction sign, marker, signal or light in imitation of any official sign,
marker, signal or light erected under the provisions of this chapter of
this act, and no person shall erect or maintain upon any highway any
traffic or highway sign or signal bearing thereon any commercial ad-
vertising. 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 by the local authorities of cities and
towns within the said localities.

Section 56. Injuring signs——Any person who shall deface, injure,
knock down or remove any sign legally posted as provided in this
chapter of this act shall be guilty of a misdemeanor.

Section 57. 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 at the scene
of such accident and any person violating this provision shall upon
conviction be punished as provided in section fifty-eight of this act.

(b) The driver of any vehicle involved in any such accident shall
also give his name, address, chauffeur’s license number as operators
permit number and the registration number of his vehicle to the per-
son 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, sur-
geon or hospital for medical or surgical treatment if it is apparent
that such treatment is necessary or is requested by the injured persor
and it shall be unlawful for any person to violate this provision.

Section 58. Penalty for failure to stop in event of accident involv-
ing personal injury——Every person convicted ot violating subsectior
(a) of section fifty-seven of this act, relative to the duty to stop it
the event of personal injury accidents, shall be punished by impris-
onment 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 thar
five years, or by fine of not less than one hundred dollars nor mor
than five thousand dollars, or by both such fine and imprisonment.

Section 59. Reports of accidents. (a) The driver of any vehicl
1932] ACTS OF ASSEMBLY , 649

involved in any 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 file or cause to be filed a report of such acci-
dent with the division, except that when such accident occurs within a
city such report shall be made within twenty-four hours to the police
department of such city. Every police department shall forward on
the fifth day of each month every such report received during the pre-
vious calendar month, or a copy thereof, so filed with it to the main
office of the division. All accident reports shall be made on forms ap-
proved by the division. With respect to any such accident involving a
collision between any common carrier and another vehicle, such com-
mon carrier shall also make a report of the accident to the division,
such report to be filed on or before the tenth day of the month follow-
ing the accident.

(b) Where a person required to report an accident by the pre-
ceding subsection is physically incapable of making such report, and
there is another occupant in the vehicle at the time of the accident,
such Occupant shall make the report.

The division may require drivers, or common carriers involved in
accidents to file supplemental reports and may require witnesses of
accidents to render reports to it upon forms furnished by it whenever
the original report is insufficient in the opinion of the division.

All accident reports together with all supplemental reports above
mentioned shall be without prejudice and shall be for the confidential
use of the division and shall not be used in any manner whatsoever
as evidence, or, for any other purpose in any trial, civil or criminal
arising out of such accident. The division shall be required to furnish
upon demand of any court, a properly executed certificate stating that
a specific accident report has or has not been filed with the division
solely to prove a compliance with this section.

(c) The division shall prepare and shall upon request supply to
police, coroners, sheriffs and other suitable agencies, or individuals,
forms for accident reports calling for sufficiently detailed information
to disclose with reference to a highway accident the cause, conditions
then existing, and the persons and vehicles involved.

The division shall receive accident reports required to be made by
this chapter and may tabulate and analyze such reports and publish
annually, or at more frequent intervals, statistical information based
thereon as to the number, cause and location of highway accidents.

Based upon its findings after such analysis, the division may con-
duct further necessary detailed research to more fully determine the
cause and control of highway accidents. It may further conduct ex-
perimental field tests within areas of the State from time to time to
prove the practicability of various ideas advanced in traffic control
and accident prevention. .

(d) Every person holding the office of coroner in this State shall
on the tenth day of each month report to the division the death of any
person during the preceding calendar month as the result of an acci-
dent involving a motor vehicle and the circumstances of such accident.
Section 60. Garage keeper to report damaged vehicles——The per-
son in charge of any garage or repair shop to which is brought any
motor vehicle which shows evidence of having been involved in a se-
rious. accident or struck by a bullet shall report to the nearest police
‘station or sheriff’s office or resident representative of the director
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 61. Reckless driving——Any person who drives a vehicle
upon a highway recklessly, or at a speed or in a manner so as to en-
danger, or be likely to endanger life, limb or property of any person
shall be guilty of reckless driving. Every person convicted of reck-
less driving, under this section, shall be punished: for a first violation
by a fine of not less than ten dollars nor more than one hundred dol-
lars, or by confinement in jail not to exceed thirty days, or both; for
conviction for subsequent violations, within twelve months from the
date of a prior conviction for reckless driving, a fine of not less than
fifty dollars, nor more than five hundred dollars, or he may be further
punished by imprisonment in jail for a period of not less than ten
days nor more than six months, or by both such fine and imprison-
ment. -
Section 62. Restrictions as to speed ; decline driving —(a) Any
‘person driving a vehicle on a highway shall drive the same at a care-
ful 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. 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 or-
derly and safe use of the highway by those following, or so as to cause
congestion on the highway, shall be prima facie guilty of reckless
dtiving.

(b) Any person who shall drive at a speed exceeding the speeds
set forth in this subsection shall be prima rate guilty of teckless
driving:

First. Fifteen wales an hour when passing a school during: recess
or while children are. going to or leaving school during its opening
and closing hours; provided, that markers be placed on the highways
so as to plainly show the location of such schools.

Second. Fifteen miles an hour in a ‘Duan district, as defined
herein.

Third. Twenty-five miles an hour in a residence district, as de-
fined herein.

Fourth. Such speed as shall be fixed by the State biptens com-
mission or the legislative authorities of cities and towns for congested
areas or at dangerous points on the highways, which areas or points
are clearly indicated by markers or signs. .

Fifth. Forty-five miles an hour under all other conditions.

(c) Reckless. driving within the meaning of this section. shall
- deemed to include the following offenses, which are expressly :pro-
hibited.
First. Driving a vehicle when not under complete control, or with
inadequate or improperly adjusted brakes. “

Second. Driving to the left of the center of the street except upon
one-way streets. |

Third. Passing or attempting to pass two other vehicles abreast,
moving in the same direction.

Fourth. Violating the provisions of the right of way laws, as set
out in section seventy-seven hereof.

Fifth. Failure to give adequate and timely signals of intention
to turn or partly turn, slow down, or stop. ,

Sixth. Exceeding a reasonable speed under the circumstances and
traffic conditions obtaining at the time. |

Seventh. 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. |

Eighth. Driving a vehicle out of an alley, lane or building or
across a sidewalk into a street, without first bringing such vehicle to a
full stop immediately before crossing such sidewalk. ,

Ninth. Making a left turn without passing to the right of the
center point of the intersection, whether marked or not, and without
first signalling his intention so to turn. |

Tenth. Making a right turn without keeping close to the curb,
and without first signalling his intention so to turn.

(d) Any person who shall be guilty of reckless driving as set
forth in this section shall be punished as provided in section sixty-two
of this act.

Section 63. Special speed limitation on bridges.—It shall be un-
lawful to drive any vehicle upon any public bridge, causeway or via-
duct at a speed which is greater than the maximum speed which can
with safety to such structure be maintained thereon, when such struc-
ture is sign-posted as provided in this section.

The State highway commission upon request, or upon its own in-
itiative may, conduct an investigation of any public bridge, causeway
or viaduct, and the commission shall determine and declare the maxi-
mum 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 commis-
sion shall be conclusive evidence of the maximum speed which can
with safety to any such structure be maintained thereon.

Section 64. When speed limit is not applicable—The speed limi-
tations set forth in this chapter of 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. per-
sons charged with or suspected of any such violation, nor to fire de-
partment 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 consequence of a reckless disregard of the safety of others.
Section 65. Drive on right side of highways.—Except as other-
wise provided in section sixty-eight, upon all highways of sufficient
width the driver of a vehicle shall drive the same upon the right half
of the 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 seventy and seventy-two of this act. ,

Section 66. Keep to the right in crossing intersections or rail-
roads.—In crossing an intersection of highways or the intersection 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 67. Special regulations applicable on streets and high-
ways laned for traffic—Whenever any highway has been divided into
clearly marked lanes for traffic, drivers of vehicles shall obey the fol-
lowing regulations :

(a) A vehicle shall normally be driven in the lane nearest the
right hand edge or curb of the highway when said lane is available for
travel except when overtaking another vehicle or in preparation for a
left turn or as permitted in subsection (d).

(b) A vehicle shall be driven as nearly as is practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with
safety.

(c) Upon a highway which is divided into three lanes a vehicle
shall not be driven in the center lane except when overtaking and
passing another vehicle or in preparation for a left turn or unless such
center lane is at the time allocated exclusively to traffic moving in the
direction the vehicle is proceeding and is signposted or marked to
give notice of such allocation.

(d) The State highway commission, or local authorities, with re-
spect to highways under their jurisdiction, may designate right hand
lanes for slow moving traffic under this act, and when such lanes are
signposted or marked to give notice of such designation a vehicle may
be driven in any lane allocated to traffic moving in the direction such
vehicle is proceeding, but when traveling within such inside lanes
vehicles shall be driven at approximately the speed authorized in such
lanes, and speed shall not unnecessarily be decreased so as to block,
hinder or retard traffic.

Section 68. Passing vehicles proceeding in opposite directions.—
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 69. Overtaking a vehicle—(a) The driver of any vehi-
cle 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 ve-
hicle.

(b) The driver of an overtaking motor vehicle when traveling
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 70. Driver to give way to overtaking vehicle-—The driver
of a vehicle about to be overtaken and passed by another vehicle ap-
proaching 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 71. Limitations on privilege of overtaking and passing.—
(a) The driver of a vehicle shall not drive to the left side of the cen-
ter line of a highway in overtaking and passing another vehicle pro-
ceeding 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 overtaking
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 curve in the highway where the driver’s view along the high-
way is obstructed unless permitted in accordance with section sixty-
eight.

(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 72. Following too closely—(a) The driver of a motor
vehicle shall not follow another more closely than is reasonable and
prudent, having due regard to the speed of both vehicles and the traf-
fic upon, and conditions of, the highway at the time.

(b) The driver of any motor truck or bus shall not follow an-
other motor truck or bus within two hundred feet when upon any
highway outside of cities or towns.

Section 73. 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
highways.

Section 74. Turning at intersections——(a) Drivers of vehicles,
when turning to the right, shall keep as closely as practicable to the
right-hand curb or edge of the highway, and, when turning to the
left, shall pass beyond the center of the intersection, and as closely
as practicable to the right of the center of such intersection before
turning such vehicle to the left; and, when in any city, town or vil-
lage, shall keep as. closely as practicable to the right-hand curb o1
edge of the street, and shall turn the corner at a rate of speed not tc
exceed ten miles per hour. For the purpose of this section the centet
of the intersection shall mean the meeting point of the medial lines of
the highways intersecting one another.

(b) Local authorities in cities and towns, in their respective juris-
diction, 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 75. Signals on starting, stopping, or turning.—(a) Every
driver who intends to start, stop, or turn, or partly turn 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 move-
ment. |

-. (b) The signal herein required shall be given by means of the
hand and arm, or by some mechanical or electrical device approved by
the director after this section takes effect, in the manner herein speci-
fied. 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 extended
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 ex-
tended upward.

(e) For slowing down or to stop, the arm shall be extended down-
ward.

({) Such signals shall be given at least fifty feet before slowing
down, stopping, turning, partly turning, or materially altering the
course of the vehicle.

(g) Drivers having once given a hand, electrical or mechanical
device signal, must continue the course thus indicated, unless they
alter the original signal and take care that drivers of vehicles and pe-
destrians have seen and are aware of the change.

(h) Drivers receiving a signal from another driver shall keep
their vehicle under complete control, and shall be able to avoid an
accident resulting from a misunderstanding of such signal.

(1) Drivers of vehicles, standing or stopped at the curb or
edge before moving such vehicles, shall give signals of their inten-
tion to move into traffic, as hereinbefore provided, before turning in
the direction the vehicle will proceed from the curb.

Section 76. 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 seventy-eight. 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 in-
tersection and turning therein to the left across the line of travel of
1932 | | ACTS OF ASSEMBLY 655

such first mentioned vehicle, provided the driver of the vehicle turning
left has given a plainly visible signal or intention to turn left as re-
quired in section seventy-five.

(c) The driver of any vehicle upon a highway within a canines
or residence district shall yield the right of way to a pedestrian cross-
ing such highway within any clearly marked crosswalk or any regu-
lar 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. :

Section 77. Exception to the right of way rules—The driver of a
vehicle entering a public highway from a private road or driveway
shall, immediately before entering such highway, stop, and upon en-
tering such highway shall yield the right of way to all vehicles ‘ap-
proaching on such public highway.

Section 78. What to do on approach of police or fire department
vehicle.—(a) Upon the approach of any police or fire department ve-
hicle, 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 posi-
tion unless otherwise directed by a police or traffic officer, until the
police or fire department vehicle shall. have passed. 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 consequences of an arbitrary exercise of such right
of way.

(b) It shall be unlawful for the driver of any vehicle other than
one on official business to follow any fire apparatus traveling in re-
sponse 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 79. Pedestrians—-(a) When crossing highways or streets
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 intersection or cross-walks. Pedes-
trians in crossing any street at intersection with another street, shall
at all times have the right of way over vehicles making right turns into
streets being crossed by such pedestrians.

(b) At such intersection where no traffic officer is on duty, pedes-
trians shall have the right of way over vehicles.

—(c) This shall not entitle the pedestrian to enter or cross the inter-
section, regardless of approaching traffic, but shall be interpreted to
require vehicles to change their course, slow down, or come to a com-
plete stop if necessary to permit pedestrians to safely and expeditiously
negotiate the crossing.

(d) Pedestrians shall cross 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 ot
the highway open to moving traffic, at any point between intersections
where their presence would be obscured from the vision of approach-
ing drivers by a vehicle or other obstruction at the curb or side.

(e) 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 re-
main there longer than is absolutely necessary to do so. |

(f) Pedestrians shall not use the highways, other than the side-
walks thereof, for travel, except when obliged to do so by the absence
of sidewalk, reasonable 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. |

(g) No person shall play on a highway, other than upon the side-
walks, thereof within a city or town or in any part of a highway out-
side the limits of any city or town designated by the motor vehicle
commissioner, or use in play thereon roller skates, coasters or any
similar 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,
and if such highway has two traffic lanes, they shall keep as near as
reasonably possible to the extreme left side or edge of the left hand
traffic lane so that they will be facing oncoming traffic at all times.

(h) Any person convicted of violating any of the provisions of
this section shall be fined not less than two dollars nor more than
twenty-five dollars for each separate offense.

Section 80. Solicitation of transportation in motor vehicles for-
bidden ; penalty.—It shall be unlawful for any person while upon any
highway or the right-of-way of any highway, to endeavor by words,
gestures or otherwise, to beg, invite or secure transportation in any
motor vehicle not engaged in passenger carrying for hire, unless said
person knows the driver thereof or any passenger therein. Provided,
nothing in this section shall prohibit the solicitation of aid in the
event of accidents or by persons who are sick or seeking assistance
for the sick; and provided furthermore, that the exception for sickness
shall apply only in cases of bona fide sickness in which an emergency
exists. Any person violating any of the provisions of this section shall
be punished by a fine of not more than fifty ($50.00) dollars or by
imprisonment for not more than thirty days, or both fine and im-
prisonment.

Section 81. Passing street cars—(a) The driver of a vehicle over-
taking any railway interburban 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 passenger has boarded
such car or reached adjacent sidewalk, or if there be no sidewalk, has
cleared the traveled portion of the highway; but 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 82. Driving through safety zone prohibited—The driver
of a vehicle shall not, at any time drive through or over a safety zone.

Section 83. 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 84. Vehicles must slow down at certain steam railway
grade crossings.—(a) Except in cities and towns it shall be the duty of
every person driving any vehicle on a highway, on approaching a
place where a railway crosses such highway at grade, at which cross-
ing 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; pro-
vided, every 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 sig-
nalled to stop by such flagman; and provided further 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 com-
panies 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 towns it shall be the duty of steam rail-
way 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—
Virginia 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 sufficient height to carry in two lines the words above required,
and shall be of proportionate length,

(d) Whenever, in the opinion of the State corporation commis-
sion, 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 city or town of this Commonwealth, 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 commission 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, however, that nothing herein contained shall af-
fect any such gates or flagman heretofore established or maintained
by agreement. ,

Section 85. Vehicles before entering highway of State highway
system to stop—All vehicles when entering a highway, which is im-
proved and hard surfaced and is a part of the State highway system,
from the side thereof, shall, immediately before entering such high-
way, stop.

Section 86. Stopping on highways.—(a) No vehicle shall be
stopped in such manner as to impede or interfere with or render
dangerous the use of highways by others; no truck or bus or part
thereof shall be stopped on the traveled portion of any highway out-
side of cities and towns for the purpose of taking on or discharging
passengers or loading or unloading merchandise or other commodities ;
unless the operator of any such vehicle cannot leave the traveled por-
tion of the highway with safety and, except upon one way streets, as
provided in this act, no vehicle shall be stopped except close to the
right hand curb or edge of the highway ; provided, that the council or
other governing body of any city or town may, by a general ordinance,
provide for the regulation of parking within its limits and may au-
thorize the city manager, the director of public safety, the chief of
police, or other designated officer within said city or town to put said
regulations into effect, including specifically the right and authority
to classify vehicles with reference to parking, and to designate the
time, place and manner such vehicles may be allowed to park on city
or town streets, and may delegate to the appropriate administrative
official or officials the authority to make and enforce such additional
rules and regulations as parking conditions may require, and may pre-
scribe penalties for failure to conform thereto. :

Section 87. 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 ot
the entrance to a fire station, nor within twenty feet from the inter-
section of curb lines, or if none, then within fifteen feet of the inter-
section of property lines at an intersection of highways.

Section 88. Driving on steep grades—The driver of a motor ve-
hicle 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 89. 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. a igh.

Section 90. When continuous driving prohibited—It shall be un.
lawful for any person to drive any motor vehicle on the highways of
this State for more than thirteen hours in any period of twenty-four
hours, or for a period which, when added to the time such person may
have driven a motor vehicle over the highways of any other State
would make an aggregate of more than thirteen hours in any period of
twenty-four hours.

It shall also be unlawful for the owner of any such vehicle to cause.
or permit, the same to be driven in violation of this section.

Section 91. Smoke screens, et cetera.—(a) It shall be, and is here-
by, declared to be a felony to install, or to aid or abet in installing, in
any manner, in, on or upon any motor vehicle, any device, appliance,
equipment, or instrument, of any kind, character or description, or of
any part of such device, appliance, equipment or instrument, designed
for generating or emitting smoke, thereby creating what is commonly
known as a “smoke screen;” or, of emitting any gas which may be a
hindrance or obstruction to ‘traffic - and, also it is hereby declared to be
a felony for one to have in his possession any motor vehicle known by
him to be so equipped, or who shall drive or operate, on the highways
of this State, any motor vehicle known by him to be so equipped.

(b) Any motor vehicle found to be equipped with any device, ap-
pliance, equipment or instrument, as herein mentioned, or equipped for
the installation or attachment of any “smoke screen” or gas emitting
device, appliance, equipment, or instrument, as herein mentioned, shall
be forfeited to the Commonwealth, subject to the rights of an innocent
owner and lien holders. But no such forfeiture shall take place unless
the owner or operator thereof have knowledge of same as prescribed
in subsection (a) of this section.

(c) Any person found guilty of violating the provisions of this
section shall be confined in the penitentiary not less than one year, nor
more than five years; or, he may be fined not less than twenty-five
($25.00) dollars nor more than five hundred ($500.00) dollars, and
confined in jail not less than thirty days nor more than twelve months.

Section 92. Display of insignia and emblems.—It shall be unlawful
for any person to display upon any motor vehicles, the insignia or em-
blem of any motor vehicle club or similar organization of this State,
unless such person, under the constitution, by-laws, rules and regula-
tions of such club or organization, shall be entitled to use the same. .

Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be pun-
ished by a fine not to exceed fifty ($50.00) dollars.

Section 93. Records required of persons renting motor vehicles
without drivers.—Every person or persons engaged in the business of
renting motor vehicles without drivers, who shall rent any such ve-
hicle without a driver, otherwise than as a part of a bona fide trans-
action involving the sale of such motor vehicle, shall maintain a record
of the identity of the person to whom the vehicle is rented and the
exact time the vehicle is the subject of such rental or in possession of
the person renting and having the use of the vehicle, and every such
record shall be public record and open to inspection by any person
Jamaged as to their person or property, by the operation of said ve-
hicle, or by any member of any traffic or police department in the dis-
charge of their duty. And any person who has been damaged as to his
person or property may require a production of such written record in
person or by his duly authorized agent or attorney.

It shall be a misdemeanor for any such person who shall rent a
motor vehicle as herein provided to fail to make or have in possession
or to refuse an inspection of the record required in this section.

The director shall prescribe a form for the keeping of the record
provided for in this section and the owner shall use said form.

Section 94. Lighting equipment of vehicles—(a) Every vehicle
operated or moved upon a highway within this State, shall at all times
be equipped with lamps as are in this section respectively required for
different classes of vehicles, which lamps shall at all times be capable
of being lighted.

(b) Head lamps on motor vehicles——Every motor vehicle other
than a motorcycle, road roller, road machinery or tractor used on a
highway shall be equipped with two head lamps, no more or less, of
equal candle power, at the front of and on opposite sides of the motor
vehicle, which head lamps shall comply with the requirements and
limitations hereinafter set forth and shall be of a type which has been
approved by the director.

Provided, however, that special lamp or light designed for the pur-
pose of penetrating fog and for safe driving in bad weather, may be
used with the approval of the director.

(c) Head lamps on motorcycles.—Every motorcycle shall be

equipped with at least one and not more than two head lamps which
shall be of a type that has been approved by the director and shall be
capable of projecting sufficient light to the front of such motorcycle to
render discernible a person or object at a distance of two hundred
(200) feet, but shall not project a glaring or dazzling light to persons
approaching such motorcycles.
- (d) Rear lamps.—Every motor vehicle, trailer or semi-trailer
which is being drawn at the end of one or more other vehicles, or
motorcycle, shall carry at the rear a lamp capable of exhibiting a red
light plainly visible under normal atmospheric conditions from a dis-
tance of three hundred (300) 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 distance of fifty (50) feet to the rear of such
vehicle and of a type that has been approved by the director. ,

(e) Lamps on bicycles——Every bicycle shall be equipped with a
lamp on the front thereof which will give a light visible under normal
atmospheric conditions from a distance of at least three hundred (300)
feet in front of such bicycle and shall also be equipped with a lamp on
the rear which will exhibit a red light visible under light conditions
from a distance of at least three hundred (300) feet to the rear of such
bicycle.

(f) Lamps on other vehicles—All vehicles not heretofore in this
section required to be equipped with specified lamps shall carry one or
more lamps or lanterns capable of projecting a white light to the front
and red to the rear visible under normal atmospheric conditions from
a distance of not less than three hundred (300) feet to the front and
rear of such vehicles.

(g) Dimension or marker lights—-All motor vehicles exceeding
seven feet in height or in width or the widest portion of which extends
four inches beyond the front fender extremes shall be equipped with
lamps mounted at the extreme right and left hand front top corners of
such vehicle, each of which lamps shall be capable of projecting a
green light visible under normal atmospheric conditions for a distance
of at least three hundred (300) feet to the front of such vehicle, and
shall be equipped with lamps mounted at the extreme right and left
hand rear top corners of such vehicle, each of which lights shall be
capable of projecting a red light visible under normal atmospheric
conditions for a distance of at least three hundred (300) feet to the
rear of such vehicle. If the front and/or the rear of such vehicles
shall not be the widest portions of such vehicle the dimension or
marker, lights required in this subsection shall be mounted on the
widest portions of the vehicle with the green lights herein required
visible from the front as herein required, and the red lights herein re-
quired visible from the rear as herein required. The lamps herein re-
quired shall be of a type that has been approved by the director.

(h) Any motor vehicle or motorcycle may be equipped with not to
exceed one spotlight or ditch light which when lighted shall be aimed
and used so that no portion of the beam will be directed to the left of
the center of the highway at any time or more than one hundred (100)
feet ahead of the vehicle, and shall be of a type that has been approved
by the director.

(1) Any motor vehicle may be equipped with not to exceed two
side lamps of not more than six candle power; interior light of not
more than fifteen candle power ; vacant or destination signs on vehicles
operated as public carriers, and signal lamps. No motor vehicle shall
be operated upon a highway in this State equipped with lamps per-
mitted under this subsection unless such lamps shall be of a type ap-
proved by the director.

(j) No motor vehicle shall be operated on any highway which is
equipped with any lighting device other than lamps required or per-
mitted in this act or required or permitted by the director.

(k) If natural light is insufficient to enable the operator of a ve-
hicle to discern an object at a distance of three hundred (300) feet the
lamps in this section respectively required for different classes of ve-
hicles shall be lighted. It shall be unlawful and constitute a misde-
meanor for any person to violate the provisions of this subsection;
provided, however, that if the driver of the vehicle at the time that he
is stopped by the arresting officer shall have in his vehicle and shall
display to such officer a complete set of spare bulbs and fuses for re-
quired lights and shall in the presence of the officer install such bulbs
or fuses as may be necessary to have the vehicle lighted as in this act
required, the arresting officer and/or any court may consider the pos-
session and installation of such spare bulbs and fuses as a mitigating
circumstance or a complete bar to a prosecution under this subsection.

Section 95. Requirements as to head lamps.—(a) The head lamps
of motor vehicles shall be so constructed, arranged, and adjusted that
they will at all times under normal atmospheric conditions produce a
driving light sufficient to render clearly discernible a person or object
at least two hundred (200) feet ahead, but shall not project a glaring
or dazzling light to persons approaching 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 with the level road upon which the
loaded vehicle stands. In no case shall the beam rise higher than
forty-two inches, seventy-five (75) feet ahead of the vehicle when the
lights are mounted on the side of cowl or dash of vehicles.

(c) Whenever a vehicle is being operated upon a highway or a
portion thereof which is sufficiently lighted to reveal any person or
object upon such way at a distance of two hundred (200) feet ahead of
such vehicle, it shall be permissible to dim the head lamps or tilt the
main beams of light thereof downward.

Section 96. 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-eighths’ 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 97. Head lamp specifications, tests and approval—(a)
The director is authorized and required to determine whether any head
lamps of a type sold for use or used upon any motor vehicle, trailer or
semi-trailer will comply with the requirements of section ninety-five
and the specifications adopted by him for laboratory tests. The direc-
tor is authorized to adopt current specifications of the society of auto-
motive engineers for such laboratory tests. He shall publish lists of
approved devices by name and type.

Section 98. Lights on parked vehicles—Whenever a vehicle is
parked or stopped upon a highway whether attended or unattended
during the period from a half hour after sunset to a half hour before
sunrise there shall be displayed upon such vehicle one or more lamps
projecting a white light visible under normal atmospheric conditions
from a distance of three hundred (300) feet to the front of such ve-
hicle and projecting a red light visible under like conditions from a
distance of three hundred (300) feet to the rear, except that local au-
thorities may provide by ordinance that no lights need be displayed
upon any such vehicle when parked in accordance with local ordinance.

Section 99. Brakes—(a) Every motor vehicle when operated upon
a highway shall be equipped with brakes adequate to control the
movements of and to stop such vehicle or vehicles, and such brakes
shall be maintained in good working order and shall conform to regu-
lations provided in this section.

(b) 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 hand brake thereon, stopping the motor and
turning the front wheels into the curb or side of the highway.

(c) Ona dry, hard, approximately level stretch of highway free
from loose material, the service (foot) brake shall be capable of stop-
ping the motor vehicle at a speed of twenty (20) miles per hour within
a distance of twenty-five (25) feet with four wheel brakes or forty-five
(45) feet with two wheel brakes. The hand brake shall be capable of
stopping the vehicle under like conditions of this section within a dis-
tance of not more than seventy-five (75) feet.

(d) Motor trucks and tractor-trucks with semi-trailers attached,
shall be capable of stopping on a dry, hard, approximately level high-
way free from loose material at a speed of twenty (20) miles per hour
within the following distances; thirty feet with both hand and service
brake applied simultaneously and fifty feet when either is applied
separately, except that vehicles-maintained and operated permanently
for the transportation of property and which were registered in this or
any other State or district prior to August, nineteen hundred and
twenty-nine, shall be capable of stopping on a dry, hard, approxi-
mately level highway free from loose material at a speed of twenty
(20) miles per hour within a distance of fifty (50) feet-with both hand
and service brake applied simultaneously and within a distance of
seventy-five (75) feet when either applied separately.

(e) Every semi-trailer or trailer or separate vehicle attached by a
draw bar, chain or coupling to a towing vehicle and having a carrying
capacity in excess of two tons, shall be equipped with brakes controlled
or operated by the driver of the towing vehicle, which shall conform
to the specifications set forth in subsection (d) of this section and
shall be of a type approved by the director.

Section 100. Steering gear——Every motor vehicle being operated
upon a highway shall be equipped with steering gear adequate to in-
sure the safe control of the vehicle and shall not show signs of weak-
ness or breaking under ordinary conditions.

Section 101. Horns and warning devices.—(a) Every motor ve-
hicle, trailer or semi-trailer operated upon a highway shall be equipped
with a horn in good working order, capable of emitting sound audible
under normal conditions over a distance of not less than two hundred
(200) feet; and it shall be unlawful for any vehicle to be equipped
with or for any person to use upon any vehicle any siren, exhaust,
compression or spark plug whistle or horn. It shall be unlawful for
any vehicle to be equipped with or for any person to use any horn or
warning device while upon a highway or any way open to public travel
that is not of a type that has been approved by the director, or for any
person at any time to use a horn otherwise than as a reasonable warn-
ing, or to make any unnecessary or unreasonably loud or harsh sound
by means of a horn or other warning device, except that the vehicles of
common carriers or extraordinarily large and heavy vehicles may be
equipped with such type of warning device as the director may require
or permit.

(b) Every police and fire department vehicle and every ambulance
used for emergency calls shall be equipped with a siren or exhaust
whistle of a type not prohibited by the director.

(c) It shall be unlawful to possess with intent to sell, or to sell or
offer for sale any horn or warning device that is not of a type that has
been approved by the director. And the director is hereby authorized
to adopt and enforce rules and regulations and uniform specifications
relating to construction, mounting, use and number of warning devices
for which an approval fee shall be made as hereinafter provided.

Section 102. Mirrors.—No person shall operate a motor vehicle upon
a highway which is not equipped with a mirror so located as to reflect
to the operator a view of the highway for a distance of not less than
two hundred (200) feet to the rear of such vehicle. The mirrors re-
quired by this section shall be of the type approved by the director.

Section 103. Windshields—(a) It shall be unlawful for any per-
son to operate any motor vehicle, trailer or semi-trailer upon a high-
way with any sign, poster or other nontransparent material upon the
front windshield, sideshields or rear windows of such motor vehicle
other than a certificate or other paper required to be so placed by law
or which may be permitted by the director ; provided, that signal lamps
of a type approved by the director, shall not be considered a violation
of this section.

(b) Every permanent windshield on a motor vehicle shall be
equipped with a device for cleaning snow, rain, moisture or other
matter from the windshield directly in front of the operator, which de-
vice shall be so constructed as to be controlled or operated by the
operator of the vehicle. The device required by this subsection shall
be of a type approved by the director.

Section 104. Flag or light at end of load—wWhenever 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 not less than twelve inches, both in length and width,
except that between one-half hour after sunset and one-half hour be-
fore sunrise, there shall be displayed at the end of such load a red light,
plainly visible under normal atmospheric conditions at least two hun-
dred feet from the rear of such vehicle.

Section 105. Prevention of noise, smoke, et cetera, muffler, cut-
out and straight exhaust regulated—(a) No person shall drive a
motor vehicle upon a highway unless such motor vehicle is equipped
with a muffler in good working order and in constant operation to pre-
vent excessive or unusual noise, annoying smoke and the escape of ex-
cessive gas, steam or oil. All exhaust pipes carrying exhaust gases
from the motor shall be directed parallel with the ground or slightly
upward.
1932 | ACTS OF ASSEMBLY

(b) It shall be unlawful for any motor vehicle to be equipped
with or for any person to use a “muffler cut-out” or “straight exhaust”
while such motor vehicle is being operated upon a highway.

(c) No vehicle shall be operated or moved on any highway unless
such vehicle is so constructed as to prevent its contents from dropping,
sifting, leaking or otherwise escaping therefrom.

Section 106. Signal devices—(a) Any motor vehicle which is so
constructed or carries a load in such a manner as to prevent a hand and
arm signal required in section seventy-five of this act from being visi-
ble both to the front and rear of such vehicle, shall be equipped with a
mechanical or electric signal device which meets the requirements of
this act and is of a type that has been approved by the director.

(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 (100) feet to the rear of the vehicle on
which it is used.

(c) The director is authorized to adopt and enforce rules and reg-
ulations not inconsistent with this section governing the construction,
locating and operation of signal devices and the color of lights which
may be used in any such signal devices. The director 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
the signal device is of a type which has been found to meet the regula-
tions of the director with reference thereto.

Section 107. Lighting, warning and signal device approval certif-
cates.—(a) It shall be unlawful for any person to possess with intent
to sell, sell or offer for sale either separately or as a part of the equip-
ment of a motor vehicle or to use or have as equipment upon a motor
vehicle operated on a highway any lighting device, horn or warning
device, or signal device, or combination thereof, or mirror or wind-
shield wiper unless of a type that has been submitted to and approved
by the director. Each such device shall bear thereon a trade-mark or
name and shall be accompanied by printed instructions as to the proper
mounting, use and candle power of bulbs to be used therewith and any
particular methods of mounting or adjustments necessary to meet the
requirements of this act, and any rule or regulation of the director.

(b) The director when having reason to believe that an approved
lighting device, horn or warning device or signal device, or mirror or
windshield wiper sold commercially does not under ordinary condi-
tions of use comply with the requirements of this act, may, after notice
to the manufacturer thereof, suspend or revoke the certificate of ap-
proval issued therefor, until or unless such device is resubmitted to
and retested by an authorized testing agency and is found to meet the
requirements of this act. The director may at the time of retest pur-
chase in the open market and submit to the testing agency one or more
sets of such approved device, and if such device upon such retest fails
to meet the requirements of this act the director may permanently re-
voke the certificate of approval of such device.

(c) A certificate of approval hereafter issued by the director, for
any of the above enumerated devices, shall expire and be void after
two (2) years from date of issue, unless the manufacturer shall have,
prior to the expiration date, made application for renewal of such cer-
tificate, furnished two samples for test purposes in.accordance with
this act, together with the fee hereinafter provided, and a new certifi-
cate of approval shall have been issued. All approvals in force and
effect at the time of the enactment of this act shall expire two (2)
years from the time this act takes effect.

(d) The director shall approve methods of brake testing and
head light testing. Approval of the use of mechanical brake and light
testing equipment may be given by the director. When necessary, the
director may call upon the United States bureau of standards or some
other recognized testing agency to assist him in determining whether
such mechanical testing equipment shall be approved for the purpose
set forth in this act.

Section 108. Fees for approval certificates—Any person who shall
apply to the director for a certificate of approval required by this
chapter of this act, shall pay the fees herein prescribed :

(a) The fee for approval and recordation of head lamps, horns or
warning devices, signal devices and other devices required by this act
to be approved by the director and not provided for elsewhere in this
section, shall be a sum not more than one hundred and fifty ($150.00)
dollars.

(b) .The fee for approval and recordation of rear lamps, spot-
lamps, or any other lighting devices shall be a sum not more than
seventy-five ($75.00) dollars.

(c) The fee for approval and recordation of mirrors, or windshield
wipers shall be one ($1.00) dollar.

(d) The fee for renewal of approval and recordation of devices
under subsection (a) shall be a sum not more than fifty ($50.00) dol-
lars, and under subsection (b) shall be a sum not more than twenty-
five ($25.00) dollars, and under subsection (c) two and one-half
($2.50) dollars.

(e) The fee for approval and recordation of brake testing and
light testing machines shall be a sum not more than one hundred
($100.00) dollars for each type approved.

(f) Fees collected under this section shall be used by the director
in examining and testing devices to be approved, and for maintaining
and publishing necessary records ; and shall be in addition to the regu-
lar appropriation made by law.

Section 109. Enforcement provisions.—(a) The director is author-
ized at any time to compel the owner of any motor vehicle or vehicles
being operated upon a highway within this Commonwealth, to submit
such vehicle to an inspection of its mechanism and equipment by an
official adjusting station.

(b) The director is authorized to designate, furnish instructions
1932 | ACTS OF ASSEMBLY 667

to, and to supervise official adjusting stations for the inspection of
motor vehicles and/or vehicles and for adjusting and correcting equip-
ment enumerated in this act in such a manner as to conform to speci-
fications herein before set forth. When the equipment has been cor-
rected in accordance with this act the official adjusting station shall
issue to the operator or owner of the vehicle, on forms furnished by
the department, a duplicate of which is retained by such station, a cer-
tificate showing the date of correction, registration number of the
motor vehicle and the official designation of such station, provided,
however, that common carriers operating under certificate from the
State corporation commission, who desire to do so may install or use
with the approval of the director, private adjusting stations for the
inspection and correction of their equipment.

(c) It shall be unlawful for any official adjusting station to make
a charge for such inspection; the term “inspection” as herein used
shall not include repairs or adjustments. Repairs or adjustments
necessary to bring the vehicle in conformity with this act may be made
by agreement between the owner and such station or whatever repair
station the owner may select. If such adjustments or repairs are made
by anyone other than an official adjusting station such vehicle must
again be inspected and approved by an official adjusting station. For
an official adjusting station to violate this act or rules or regulations
of the director, or for anyone not designated by the director to display,
advertise or voice the fact that such person is an official adjusting
station shall be guilty of a misdemeanor, punishable by a fine of not
less than fifty ($50.00) dollars nor more than five hundred ($500.00)
dollars.

Section 110. Maximum size and weight——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 1n this act.

Section 111. 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 the farm tractor shall not exceed one hun-
dred 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 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-three (33) feet,
and the actual length of any combination of vehicles coupled together
shall not exceed a total length of forty-five (45) feet, exclusive of
coupling ; provided however, the State highway commission in cases
of emergency may permit combinations in excess of forty-five (45)
feet, exclusive of coupling where the object or objects to be carried
cannot be moved otherwise, and, provided, further, that any person
now owning and operating any motor vehicle, semi-trailer or trailer,
which is now licensed under the laws of the State of Virginia, or any
combination of not more than two vehicles excess of forty-five (45)
feet exclusive of coupling, shall be permitted to operate with the con-
sent of the highway commission such vehicle or combination of ve-
hicles until April first, nineteen hundred and thirty-four; provided,
this subsection shall not apply to a combination of three vehicles
with a gross weight including vehicle and load of not exceeding
twenty thousand pounds or less until April first, nineteen hundred and
thirty-four; and provided, further, that the combination of vehicles
is registered at this time.

(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 112. Trailers and towed vehicles—(a) No motor vehi-
cle shall be driven upon a highway drawing or having attached thereto
more than one other vehicle; provided, however, in the cities of this
Commonwealth, the councils of the said cities may, in their discretion,
by general ordinance, permit motor vehicles to be driven upon the
streets of their respective cities drawing or having attached thereto
more than one other vehicle, trailer or semi-trailer, and, provided, fur-
ther, that any person now owning and operating any combination of
tractor and semi-trailer or truck and one trailer, which is now licensed
under the laws of the State of Virginia, shall be permitted to operate
with the consent of the highway commission such combination of
semi-trailer and one trailer until April first, nineteen hundred and
thirty-four.

(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. Only in
case of an emergency shall any such connection consist of a chain,
rope or cable. Whenever 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 113. Weight of vehicles and loads.—The maximum gross
weight to be permitted on the road surface through any axle of any
vehicle shall not exceed sixteen thousand (16,000) pounds, nor shall
it exceed six hundred and fifty (650) pounds per inch, width of tire,
measured in contact with the surface of the highway. The gross
weight, including the weight of the vehicle and the maximum load, of
any four wheel vehicle shall not exceed twenty-four thousand (24,000)
pounds, and the gross weight of any six wheel vehicle or any combi-
nation of vehicles shall not exceed thirty-five thousand (35,000)
pounds. In determining the number of wheels, dual wheels shall be
counted as two wheels. No two axles shall lie in the same vertical
plane, nor shall the axle spacing be less than forty inches from center
to center. The axle arrangements shall be such that the proportion
of the gross load carried on any axle shall remain constant. No ve-
hicle shall cross any bridge or culvert within the State the gross
weight of which vehicle is greater than the amount posted on the
bridge or culvert as its carrying capacity. Any violation of this sec-
tion shall constitute a misdemeanor and shall be punishable as pro-
vided in section one hundred and nineteen of this act.

Section 114. Permits for excessive size and weight.—The State
highway commission and local authorities of cities and towns in their
respective jurisdictions may, in their discretion, upon application in
writing and good cause being shown therefor, issue a special permit
in writing authorizing the applicant to operate or move a vehicle
upon the highways of a size or weight exceeding the maximum spe-
cified in this act. Every such permit may designate the route to be
traversed and contain any other restrictions or conditions deemed nec-
essary 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 a misdemeanor for any person to
violate any of the terms or conditions of such special permit.

Section 115. When the State highway commission and the local
authorities may decrease limits——Whenever in the judgment of the
State highway commission it would promote the safety of travel or is
necessary for the protection of any highway or section of highway or
bridge constituting a part of the State highway system, from undue
damage or strain, the State highway commission may adopt rules and
regulations, prescribing the weight, width, height, length or speed of
any vehicle or combination of vehicles passing over such highway or
section of highway or bridge, less than those prescribed by this act
or by general law; and for such purpose the State highway commis-
sion may adopt general rules and regulations prescribing such lesser
weights, widths, heights, lengths or speeds for vehicles or combina-
tion of vehicles passing over any general class, width, description or
specification of highways or bridges, constituting a part of the State
highway system. The local authorities of cities and towns, where the
highways are under their jurisdiction, may adopt rules and regulations
or pass ordinances, as the case may be, decreasing the weight and
load limit specified in section one hundred and thirteen (113) of this
act for a total period not to exceed ninety days in any calendar year,
when operation over highways by reason of deterioration, rain, snow
or other climatic conditions, will seriously damage such highways un-
less such weights are reduced. The State highway commission or
such local authorities executing any such ordinance or regulation
shall cause to be erected, signs stating the weight specified in such
ordinance or regulation at each end of the section of highway affected
and no such ordinance or regulation shall be effective until such signs
are erected. Any violation of such rules and regulations or such ordi-
nances shall constitute a misdemeanor and shall in either case be sub-
ject to the same punishment provided by section one hundred and
eighteen (118) of this act whether the prosecution be for a violation of
a rule and regulation of the State highway commission or a rule and
regulation or ordinance of the authorities of a city or town.

Section 116. 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 un-
lawful is authorized to weigh the same either by means of loadometers
or scales. The officer may then require the driver to immediately un-
load 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 117. Jestrictions 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. After January first, nineteen hun-
dred and thirty-four, no vehicle equipped with solid rubber tires shall
be operated over any highway in this State unless a permit therefor
first be secured from the State highway commission.

(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 protuber-
ance of any material other than rubber, which projects beyond the
tread of the traction surface of the tire, except that it shall be permis-
sible to use farm machinery having protuberance which will not injure
the highway, and to use tire chains of reasonable proportions when re-
quired 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 jurisdiction may, in their discretion, issue special permits au-
thorizing the operation upon a highway of traction engines or tractors
having movable tracks with transverse corrugations upon the peri-
phery of such movable tracks.

CHAPTER IV
PENALTIES ; MISCELLANEOUS PROVISIONS

Section 118. Penalties for misdemeanors.—(a) It shall be unlaw-
ful and constitute a misdemeanor for any person to violate any of the
provisions of this act, unless such violation is by this act 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
($5.00) dollars nor more than one hundred ($100.00) dollars, or by
imprisonment in jail for not less than one nor more than ten days; or
by both such fine and imprisonment ; for a second such conviction with-
in one year such person shall be punished by a fine of not less than ten
($10.00) dollars nor more than two hundred ($200.00) dollars or by
imprisonment in jail for not less than one nor more than twenty days,
or by both such fine and imprisonment ; for a third or subsequent con-
viction within one year such person shall be punished by a fine of not
less than twenty-five ($25.00) dollars nor more than five hundred
($500.00) dollars or by imprisonment in jail for not less than ten days
nor more than six months, or by both such fine and imprisonment.
1932 | ACTS OF ASSEMBLY 671

Section 119. Penalty for felony——Any person who shall be con-
victed of a violation of any of the provisions of this act declared to
constitute a felony shall, unless a different penalty is prescribed herein,
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.

Section 120. Appearance upon arrest for misdemeanor under
chapter three—(a) Whenever any person is arrested for a violation
of any provision of chapter three of this act punishable as a misde-
meanor the arresting officer shall, except as otherwise provided in this
section, take the name and address of such person and the license num-
ber of his motor vehicle and issue a summons or otherwise notify him
in writing to appear at a time and place to be specified in such sum-
mons or notice, such time to be at least five days after such arrest un-
less the person arrested shall demand an earlier hearing, and such per-
son shall, if he so desires 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 release 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 subsection (a) of this section shall not be
mandatory as to any person arrested and charged with an offense caus-
ing 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 resi-
dence district, nor to any person whom the arresting officer shall have
good cause to believe has committed any felony, and the arresting
officer may in his discretion 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 therefrom
upon complaint filed by any person in a court of competent juris-
diction.

Section 121. Report of convictions to be sent to department.—(a)
Every justice of the peace, trial justice, police justice, or clerk of a
court of record in this State shall keep a full record of every case in
which a person is charged with violation of any provision of chapter
three of this act, and in the event that such person is convicted or that
his bail is forfeited, an abstract of such record shall be sent forthwith
by such justice of the peace, trial justice, police justice, or clerk of a
court of record to the division. But this requirement shall not be
deemed to make the court of a justice of the peace, trial justice, or
police justice a court of record.

(b) Abstracts required by this section shall be made upon forms
prepared by the division shall include all necessary information 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 ab-
stract 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 violation
of any of the provisions of chapter three of this act, send to the di-
vision a certified copy of such judgment of conviction. Certified cop-
ies of the judgment shall also be forwarded to the division upon con-
viction of any person of manslaughter or other felony in the commis-
sion of which a vehicle was used. The said division shall keep such
records in its office, and they shall be open to the inspection of any
person during reasonable business hours.

(d) Wilful failure, refusal or neglect to comply with any of the
provisions of this section shall subject the person who is guilty
thereof, to a fine of not less than ten dollars and not more than fifty
dollars, and may be ground for removal from office. Charges for der-
eliction of the duties imposed by this section shall be tried by the
court of record having jurisdiction over the officer whose neglect is
complained of.

Section 122. Disposition of fine and forfeitures.——AII fines or for-
feitures collected upon conviction or upon a forfeiture of bail of any
person charged with a violation of any of the provisions of this act,
shall be paid into the State treasury, to be credited to the literary
fund ; provided, however, that in cities and towns the council is hereby
authorized and empowered to adopt ordinances to regulate the opera-
tion of vehicles on the highways in such cities and towns, as the case
may be, not in conflict with the provisions of this act, and to provide
penalties for violating the provisions of such ordinances, but no pen-
alty thus fixed shall be greater than the penalties imposed for similar
offenses under the provisions of this act. In such cities and towns in
which said council shall adopt the ordinances herein authorized, all
fines imposed for a violation of such ordinances shall be paid into the
city or town treasury.

Section 123. Constitutionality—I{f any part or parts, section, sub-
section, sentence, clause or phrase of this act is for any reason declared
unconstitutional, such decision shall not affect the validity of the re-
maining portions of this act which shall remain standing as if such act
had been passed with the unconstitutional part or parts, section, sub-
section, sentence, clause or phrase thereof eliminated ; and the general
assembly hereby declares that it would have passed this act if such
32 | ACTS OF ASSEMBLY.
-onstitutional part or parts, section, subsection, sente:
rase had not been included herein. .

2. Be it further enacted as follows: (a) The follc
the Code of Virginia, and all amendments of such

‘eby repealed:

Section 2125.

Section 2126.

Section 2127.

Section 2128.

Section 2129.

Section 2130.
Section 2131.
Section 2132.
Section 2133.
Section 2134.
Section 2135.
Section 2136.
Section 2137.
Section 2138.
Section 2139.
Section 2140.
Section 2141.
Section 2142.
Section 2143.
Section 2145.
Section 2148.
Section 2154.

(Twenty-one hundred and twenty-five
(Twenty-one hundred and twenty-six.
(Twenty-one hundred and twenty-sev
(Twenty-one hundred and twenty-eigh
(Twenty-one hundred and twenty-nine
(Twenty-one hundred and thirty.)

(Twenty-one hundred and thirty-one. )
(Twenty-one hundred and thirty-two.
(Twenty-one hundred and thirty-three
(Twenty-one hundred and thirty-four.
(Twenty-one hundred and thirty-five.
(Twenty-one hundred and thirty-six.)
(Twenty-one hundred and thirty-sever
(Twenty-one hundred and thirty-eight
(Twenty-one hundred and thirty-nine
(Twenty-one hundred and forty.)

(Twenty-one hundred and forty-one. )
(Twenty-one hundred and forty-two.)
(Twenty-one hundred and forty-three.
(Twenty-one hundred and forty-five. )
(Twenty-one hundred and forty-eight.
(Twenty-one hundred and fifty-four.)

(b) The following acts of the general assembly, a1
nts of such acts, are hereby repealed:
“An act making it unlawful for any person to drive
driven on the public roads and highways of this St
cle at any time with the muffler cut out or not in o
ved March twenty-seventh, nineteen hundred and twe
“An act to appropriate fifteen thousand ($15,000.00)
retary of the Commonwealth, payable out of the S
intenance and construction fund, to enable him to em:
1al inspectors to aid in the enforcement of the laws relé
icles,’ approved March twenty-fourth, nineteen
nty-three ;
“An act to require the secretary of the Commonwea
| collect extra fees for issuing motor vehicle number
ticular numbers requested by applicants,” approved |
, nineteen hundred and twenty-four ;
“An act to make it a misdemeanor to use unlawfull
icle, or to have in possession on a motor vehicle, with
awfully, any device for creating a smoke screen, and t
therefor,” approved March twenty-fourth, nineteen
nty-six ;
“An act to regulate the operation of vehicles on publi
22
govern and protect pedestrians while using such highways; to pro-
vide penalties for violating the provisions of this act and the dis-
position 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,” approved
March twenty-fifth, nineteen hundred and twenty-six;

“An act to prohibit the display upon any motor vehicle, the insignia
or emblem of any motor vehicle club or organization, penalty there-
for,” approved March fourteenth, nineteen hundred and twenty-eight ;

“An act to provide for the release of liens and encumbrances upon
motor vehicles, and to prescribe penalties for failing to make such re-
lease,” approved February twenty-seventh, nineteen hundred and
thirty.

(c) All sections, except section twenty-nine, of an act entitled: “An
act to continue the office of motor vehicle commissioner ; to provide for
his election; to prescribe his powers and duties; to protect the title
of motor vehicles; to provide for the registration of titles thereto and
the issuance of certificates of title; to prescribe the effect of such reg-
istration; to provide for the licensing of motor vehicles and chaut-
feurs ; to provide penalties ; and to repeal all acts and parts of acts in
conflict herewith,” approved March seventeenth, nineteen hundred and
twenty-six, as heretofore amended, are hereby repealed.

Section twenty-nine of the said act, as heretofore amended, shall
remain in full force and effect until midnight, on the thirty-first of
March, nineteen hundred and thirty-three ; thereupon the said section
shall be repealed.

(d) All acts and parts of acts in conflict with this act are hereby
repealed. ,

(e) The repeal of the foregoing acts, and Code sections and
amendments thereof, shall not affect in any way the validity of any
certificate of registration, certificate of title, license, registration num-
ber plate, permit, or lien, secured, obtained, issued, or recorded under
such acts or Code sections, and amendments thereof, or any of them, it
being hereby expressly provided that all such certificates, licenses, per-
mits, number plates, and liens are hereby continued in full force and
effect subject to the conditions of this act as if secured, obtained, is-
sued, or recorded hereunder.