CHAPTER 2

AN ACT to amend and reenact § 2-75.1 of the Code of Virginia, relating
to parking in Capitol Square, and to provide a penalty for violations
thereof. § 81]

[

Approved January 16, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 2-75.1 of the Code of Virginia be amended and reenacted as
follows:

§ 2-75.1. (1) Except as hereinafter provided all parking in the Capitol
Square of motor vehicles and animal drawn vehicles is hereby prohibited ;
provided, * that during the recess of the General Assembly the Director
may, in his discretion, cause to be marked off certain portions of the
driveways in the Capitol Square and permit such vehicles to be parked
therein under such rules and regulations as he may prescribe. The Director
shall, at all times, reserve parking areas on the west of the Capitol for
parking by members of the General Assembly.

(1-a) During sessions of the General Assembly parking in the Capitol
Square shall be subject to rules and regulations promulgated jointly by the
Speaker of the House of Delegates and the President of the Senate and such
rules and regulations shall be enforced by the Capitol police.

(2) The Director is authorized, by and with the approval of the
Governor, to utilize any vacant property owned by the State and located
near the Capitol Square for the purpose of providing parking facilities
for officers and employees of the State, and to allocate spaces therein and
operate the same under such rules and regulations as he may prescribe.
In the event any attendant is employed to supervise such parking of vehicles
in any such lot utilized for parking purposes, the salary of such attendant
shall be paid by the State officers and employees using such lot for park-
ing purposes under such rules and regulations as the Director may pre-
scribe.

(3) Any person parking any vehicle contrary to the rules and regula-
tions referred to in paragraph one-a or contrary to the other provisions of
this section, or contrary to any parking sign or “no parking” sign erected
by the Director pursuant to rules and regulations promulgated by him,
shall be subject to a fine of not less than one dollar nor more than twenty-
five dollars for each offense.

2. Anemergency exists and this act is in force from its passage.

CHAPTER 2

DIVISION OF MOTOR VEHICLES

§ 46.1-22. There shall be a Divison of Motor Vehicles headed by
the Commissioner of the Division of Motor Vehicles.

§ 46.1-23. The Commissioner 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 next 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 sr the unexpired term in the same manner as original appointments
are made.

§ 46.1-24. The Commissioner, before entering upon the discharge of
his duties, shall take an oath that he will faithfully and impartially dis-
charge and perform all the duties of his office and he shall give bond in
such penalty as may be fixed by the Governor, conditioned upon the faith-
ful discharge of his duties. The premium on such bond shall be paid out
of the funds available for the maintenance and operation of his office.
The Commissioner shall receive such salary as may be appropriated for
the purpose.

§ 46.1-25. The administration of the motor vehicle license, regis-
tration and title laws, the issuance, suspension and revocation of operators’
and chauffeurs’ licenses, the examination of applicants for, and holders
of operators’ and chauffeurs’ licenses, the administration, training, disci-
plining and assignment of examiners of applicants for operators’ and
chauffeurs’ licenses, the administration of the safety responsibility laws,
fuel tax laws and such other laws or parts of laws involving the former
Division of Motor Vehicles in the Department of Finance as are not
covered by § 52-4, shall be in the Division of Motor Vehicles established
by this chapter.

§ 46.1-26. Subject to the provisions of Chapter 1.1 of Title 9 the
Commissioner may adopt such reasonable administrative rules and regu-
lations as may be necessary to carry out the laws administered by the
Division and may enforce such rules and regulations and laws through
such agencies of this State as he may designate. A violation of any such
rule or regulation shall be a misdemeanor and punished as prescribed
in § 46.1-16. He shall also provide suitable forms for applications, certifi-
cates of title and registration cards, license number plates, operators’
licenses and chauffeurs’ licenses and badges and, unless otherwise required
in this title, he shall provide all other forms requisite for the purpose of
this title.

§ 46.1-27. (a) The Commissioner is hereby relieved of any and all
liability for any loss resulting from the failure or insolvency of any bank
or trust company or because of the defalcation of any officer or employee
of any bank or trust company of any funds belonging to the Commonwealth,
collected by any agent or agents of the Commissioner or of the Division
of Motor Vehicles and deposited, whether heretofore or hereafter, in any
bank or trust company to the credit of the Commissioner or to the credit
of the Commonwealth.

(b) Nothing in this section shall in any way affect the provisions of
law concerning the securities deposited by State depositories pursuant to
§§ ee to 2-188 and 2-191, to protect funds belonging to the Common-
wealth.

§ 46.1-28. The Commissioner shall maintain his principal office in
the city of Richmond and may appoint such agents and maintain branch
offices in such places in the State as he deems necessary properly to carry
out the provisions of this title.

§ 46.1-29. All moneys accruing to the Division under this title shall,
except as herein otherwise provided, be paid into the State treasury
in full and all expenses incident to the maintenance of the Division,
including those of the branch offices and agencies, and other expenses
incurred in the proper enforcement of this title shall be paid by the State
Treasurer upon receipt of the proper authorization by the Commissioner.

§ 46.1-30. (a) The personnel of each branch office and each agency
shall be appointed by the Commissioner and shall be bonded in an amount
fixed by the Commissioner. The person in charge of the branch office and
each agency shall remit weekly to the Commissioner all moneys collected,
accompanied by a complete record of what such remittance is intended
to cover. The Commissioner shall not be held liable in the event of the
loss of any moneys collected by such agents resulting from their failure
to forward such moneys to the Division.

(b) The compensation of the personnel of each branch office and each
agency is to be fixed by the Commissioner. The compensation fixed for
each agency shall not exceed an amount in excess of the aggregate of
thirty-five cents for each set of license plates issued or sold annually at
each agency. For the purpose of maintaining adequate annual service
at places established solely for the sale of license plates, the Commis-
sioner may, in his discretion, prorate the annual compensation fixed at
each agency in such manner as will best secure adequate service at all
times throughout each calendar year and no agent selling and issuing
licenses shall be entitled to the fees for each license issued by him. ;

(c) The compensation awarded shall belong to the agents for their
services under this section, and the Commissioner shall cause to be paid
all freight, cartage, premium on bond and postage, but not for any extra
clerk hire or other expense occasioned by their duties. ;

§ 46.1-31. All registration, title and license records in the office of
the Division shall be public records, but shall be open for inspection only
subject to such regulations as the Commissioner may adopt. Reports in
the Division received from motor vehicle fuel dealers, as that word is
defined in Chapter 18 of Title 58, 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.

§ 46.1-32. The Commissioner shall have prepared a list of registra-
tions and titles which may be offered for sale to the public at a price which
shall be determined by the Commissioner. The list may be furnished the
commissioner of the revenue of each county and city without cost.

46.1-38. The Commissioner may make a reasonable charge for
furnishing information to others than to (1) officials, including court
and police officials of the State and of any of the counties, towns and
cities of the State and court and police officials of other states and of
the Federal Government, provided the information requested is for official
use, and (2) 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. But the Commissioner 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 furnish-
ing such information.

§ 46.1-34. The Commissioner, upon request of any officer charged
with the enforcement of the laws of this State, another state, or of the
Federal Government or of any other person, shall furnish, free of cost
to such officer or upon the receipt of a reasonable fee to be determined
by the Commissioner from such other person, a certificate, under seal
of the Division, setting forth a distinguishing number or license plate
of a motor vehicle, trailer or semitrailer, together with the name and
address of the owner thereof. Such 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 of the courts of the
Commonwealth.

§ 46.1-35. The fees received by the Commissioner under §§ 46.1-32
through 46.1-34 shall be used by the Commissioner to defray the expenses
of the Division incurred by reason of §§ 46.1-31 through 46.1-34. Such
fees shall be in addition to the regular appropriation made by the General
Assembly

§ 46.1-86. The Commissioner of the Division of Motor Vehicles, with
the approval of the Governor, may, after any paper or record has remained
in his office for a period of three years, which it is unnecessary to preserve
as a permanent record, destroy the same.

§ 46.1-37. (a) The Commissioner, his several assistants, and police
officers appointed by him are vested with the powers of a sheriff for the
purpose of enforcing the laws of this State which the Commissioner is
required to enforce.

(b) Nothing in this title shall be construed as relieving any sheriff or
sergeant, commissioner of the revenue, police officer or any other offi
now or hereafter invested with police powers and duties, State or local,
from the duty of aiding and assisting in the enforcement of such laws
within the scope of their respective authority and duty.
(c) All police officers appointed by the Commissioner are vested with
the authority and power to administer oaths and take acknowledgments
and affidavits incidental to the administration and enforcement of this title
and all other laws relating to the operation of motor vehicles, applications
for operators’ and chauffeurs’ licenses and the collection and refunding of
aes levied on gasoline, for which services they shall receive no compen-
sation.

§ 46.1-38. Notwithstanding the provisions of § 19-75 no 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 subdivision thereof, assess as a part of the cost
of the case any fee for arrest, or as a witness, for the benefit of any police
officer of the Division; nor shall any such police officer receive any such
fee. Any such police officer who accepts or receives 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 the Commissioner may remove him
eee But such officers are not prohibited from accepting or receiving
rewards.

§ 46.1-39. (a) All police officers appointed by the Commissioner, and
engaged in the enforcement of criminal laws and the laws relating to the
operation of motor vehicles upon the roads and highways of this State
shall, before entering upon or continuing in their duties, enter into bond,
with some solvent guaranty, indemnity, fidelity or casualty company au-
thorized to do business in this State as surety, in the penalty of fifteen
thousand dollars and with condition for the faithful and lawful perform-
ance of their duties. Such bonds shall be filed in the office of the Division of
Motor Vehicles and the premiums thereon shall be paid out of the fund
appropriated for the enforcement of the laws concerning motor vehicles.
All persons injured or damaged in any manner by the unlawful, negligent
or improper conduct of any such officer while on duty may maintain an
action upon such bond.

(b) In lieu of posting bond as provided herein any such police officer
may furnish an adequate liability insurance policy as proof of his ability
to respond in damages which may be adjudged against him in favor of any
person or persons injured or damaged in any manner resulting from his
unlawful, negligent or improper conduct while on official duty, to the
amount of fifteen thousand dollars. The premiums on any such insurance
policy or policies shall be paid out of the funds appropriated for the en-
forcement of the laws concerning motor vehicles.

(c) All such bonds and insurance policies shall be approved by the
Commissioner.

§ 46.1-40. If any police officer appointed by the Commissioner shall
be arrested or indicted or otherwise prosecuted on any charge arising out
of any act committed in the discharge of his official duties, the Commis-
sioner may employ special counsel approved by the Attorney General to
defend such officer. The compensation for special counsel employed pur-
suant to this section shall, subject to approval of the Attorney General,
be paid out of the funds appropriated for the administration of the
Division of Motor Vehicles.