Chap. 125.—An ACT to amend and re-enact sections 61 and 62 and 94, as amended,
of chapter 342, of the Acts of the General Assembly of 1932, approved March
26, 1932, and known, designated and cited as the Motor Vehicle Code of Vir-
ginia, said sections relating to reckless driving and lighting equipment.
[S B 58]
Approved March 7, 1936

I. Be it enacted by the General Assembly of Virginia, That sec-
tions sixty-one, and sixty-two and ninety-four, as amended, of chapter
three hundred and forty-two of the Acts of the General Assembly of
nineteen hundred and thirty-two, approved March twenty-six, nineteen
hundred and thirty-two and known, designated and cited as the Motor
Vehicle Code of Virginia, be amended and re-enacted so as to read
as follows:

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
dollars, 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.

In addition to the foregoing punishment, any justice or court may
suspend any license issued to such convicted person under an act of the
General Assembly approved March twenty-nine, nineteen hundred and
thirty-two, and amendments thereof, known, designated and cited as
the Virginia operators’ and chauffeurs’ license act, for a period of not
less than ten days nor more than six months, and such justice or court
shall require such convicted person to surrender his license so sus-
pended.
It shall be the duty of such justice, court, or the clerk of such jus-
tice or court, to transmit such license to the Director of the Division of
Motor Vehicles, along with the report of such conviction required to
be sent to the division.

If any person shall drive any vehicle upon any highway while his
license is so suspended he shall be punished as provided in section thirty
of the said Virginia operators’ and chauffeurs’ license act.

Section 62. Restrictions as to Speed; Reckless 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 ve-
hicle upon a highway at such speed as to endanger the life, limb or
property of any person, or so as to unnecessarily block, hinder or retard
the orderly and safe use of the highway by those following, or so as
to cause congestion on the highway, shall be prima facie guilty of reck-
less driving.

(b) Any person who shall drive at a speed exceeding the speeds
set forth in this subsection shall be prima facie guilty of reckless driv-
ing:

First. Fifteen miles an hour when passing a school during recess
or while children are going to or leaving school during its opening and
closing hours; 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 business 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 Highway 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 be
deemed to include the following offenses, which are expressly pro-
hibited.

First. Driving a vehicle when not under proper 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 sections seventy-six and seventy-seven hereof.

Tifth. 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 cen-
ter 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 signaling his intention so to turn.

Eleventh. Passing a school bus while taking on or discharging
school children, whether going in the same or an opposite direction, at
a greater speed than five miles per hour.

Twelfth. Failure of the operator of a motor vehicle, trailer or
semi-trailer to stop, slow down or regulate the speed of same to accord
with the requirements of road signs erected by or upon the authority
of the highway commission or local authorities in cities and towns.

Thirteenth. Coasting or operating a motor vehicle with the gears
in neutral.

(d) Any person convicted of reckless driving as defined in this
section, shall be guilty of a misdemeanor and punished as provided in
section sixty-one of this act.

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, except as herein otherwise provided.

(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, not exceeding thirty-two mean spherical candle
power, or such candle power as may be required or permitted by the
director, 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
motorcycles, shall carry at the rear a lamp capable of exhibiting a
red light plainly visible under normal atmospheric conditions from a
distance of three hundred (300) feet to the rear of such vehicle and
such rear lamp shall be so constructed, and so mounted in its relation
to the rear license plate as to illuminate by a white light such license
plates so that same may be read from a distance of fifty feet to the rear
of such vehicle, or a separate white light shall be so mounted as to
illuminate and make visible such rear license from a distance of fifty
feet to the rear of such vehicle, such rear light and/or special white
light to be 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 like 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,

In lieu of the rear light on bicycles provided for in subsection (e)
of this section and of lamps or lanterns to be carried by other than
self-propelled vehicles, there may be substituted reflex reflectors to be
permanently affixed to the rear of bicycles and to the rear and front of
such vehicles other than self-propelled vehicles to be of a type, size
and color approved by the director.

(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 con-
ditions 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 required visible from the
rear as herein required. The lamps herein required 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. No such spotlight shall be used in conjunc-
tion with or as a substitute for required headlights, except in case of
emergency.

(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 other
than those permitted under this subsection unless such lamps shall be
of a type approved 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
vehicle to discern an object at a distance of three hundred (300) feet
the lamps in this section respectively required for different classes of
vehicles 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.