Chap. 26.—An ACT to amend and re-enact Section 23, 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 Virginia,
said section relating to non-resident owners and operators of motor vehicles
operated in this State. [H B 19]

Approved February 26, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion twenty-three, as amended, of chapter three hundred and forty-two
of the Acts of the General Assembly of nineteen hundred and thirty-
two. approved March twentv-sixth. nineteen hundred and. thirty_twoa
and known, designated and cited as the Motor Vehicle Code of Vir-
ginia, be amended and reenacted so as to read as follows:

Section 23. Registration by non-residents—vThe privileges ex-
tended under subsection (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 non-resident owners are residents, to residents of the State of
Virginia operating motor vehicles, trailers or semi-trailers in such
state, district or country.

(a) A non-resident 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 such
vehicle in the place of residence of such owner, may operate or permit
the operation of such passenger car within or partly within this State
for a period of six months without registering such passenger car or
paying any fees to this State; but if at the expiration of such six
months such passenger car is still in this State, such owner shall pro-
cure registration and license, and shall pay for such license er ae
time operation of such vehicle in this State commenced. ‘In order to |
operate in this State on such foreign registration and number plate
or plates such non-resident owner who shall operate or permit the
operation, or expect to operate or expect to permit the operation, of
any passenger car in this State for a consecutive period exceeding
thirty days, shall temporarily register on forms prepared and distrib-
uted by the division, within the first thirty days of such period, with
the chief of police of the city or town in which such non-resident
owner is temporarily located in this State, or with the clerk of the
corporation or hustings court of the city or with the clerk of the cir-
cuit court of the county in which such non-resident owner is tempor-
arily 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 ve-
hicle, the license number assigned to such passenger car by his home
state, district or country, and his temporary address in this State.
‘Upon registering a passenger 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 prepared and furnished by the division,
on which shall be written such information as the director shall re-
quire. Such non-resident 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 procured Virginia registration and
license therefor. Such non-resident owner shall pay a fee of twenty-
five cents for such temporary registration 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 registered 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 registering such passenger car to forward
such temporary registration to the division within ten days of the time
of such registration. Wilful failure, refusal or neglect on the part of
any chief of police or clerk of any such court, to comply with the pro-
visions 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 population the registration fee shall be paid to the
motor vehicle division and the chiefs of police of said cities shall not
be lable to fine for failure to comply with the provision.

If such non-resident owner shall fail to so register such passenger
car, in the manner and within the time herein provided, he shall, ynless
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 non-resident from a state or
political division that does not require the registration of a vehicle like
that owned by such non-resident when such vehicle is owned and oper-
ated by a resident of Virginia in the state or political division in which
the foreign vehicle owned or operated by such non-resident is registered,
such non-resident shall not be required to register such vehicle in this
State; provided, however, that this subsection 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, or at a speed in violation of
this act; nor shall the privileges provided in this subsection apply to
common carriers or passenger cars.

(b) Except as provided and permitted under the provisions of
sub-section (a-two) of this section a non-resident 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 required
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 non-resident owner, however, may operate or permit the opera-
tion of foreign vehicles in this State as often as three times in any one
calendar month without the necessity of obtaining Virginia registration
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 vehicles, 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 sub-
section 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
extended to non-residents 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 herein
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 anv chief of police or clerk to comply with the provisions of this
subsection, 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 1s com-
plained of. |

In the event that a non-resident 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 non-resident owner
becomes inoperative at any time, such non-resident 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 thous-
and (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
becomes 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 non-resi-
dent operator required to pay such charges, while transporting property
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 designation of the property so transported. It shall be unlawful
for any such non-resident 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 non-resident, including any foreign corporation, carry-
ing on_ business within this State and owning and regularly operating
in such bisitess-amy-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
residents of this State.

(e) Notwithstanding the other provisions of this section, the
director, 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
operating vehicles in such state, district, or country.

(f) 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 opera-
tion of such motor vehicle, trailer or semi-trailer on such license is
specifically authorized by the director. :

(g) It is specifically provided that any non-resident 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 non-resident who shall operate
a motor vehicle in this State shall secure the registration thereof and
a license therefor.

(h) Each non-resident 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 any motor vehicle, trailer or semi-trailer
registered by or for him, 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 service 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.

(i) The acceptance by a non-resident of the rights and privileges
conferred by this section as evidenced by his operation, either in per-
son or by an agent, or employee, a motor vehicle, trailer or semi-
trailer hereunder, or the operation by a non-resident, either in person
or by an agent, or employee of a motor vehicle, trailer or semi-trailer
on a highway in this State otherwise than under this section, shall be
deemed equivalent to an appointment 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 non-resident in any action or proceeding against him growing out
of any accident or collision in which such non-resident or his agent or
employee may be involved while operating a motor vehicle, trailer or
semi-trailer on such highway, and said acceptance or operation shall
be a signification of his agreement that any such process against of
notice to him which is so served shall be of the same legal force and
validity as if served upon him personally. Service of such ,process or
notice shall be made by leaving a copy of the process or notice, to-
gether with a fee of three dollars, plus one dollar additional for each
defendant over one to be thus served, in the hands of the director, or
in his office in the city of Richmond, Virginia, and such service shall
be sufficient upon the said non-resident, provided that notice of such
service and a copy of the process or notice are forthwith sent by
registered mail, with registered delivery receipt requested, by the
director to the defendant, or defendants, and an affidavit or compliance
herewith by the director, or some one designated by him for that pur-
pose and having knowledge of such compliance, shall be filed with the
declaration or notice of motion.

The court in which the action is pending may order such contin-
uances as may be necessary to afford the defendant reasonable oppor-
tunity to defend the action.

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

a