CHAPTER 218

An Act to amend and reenact §§ 46.1-149, 46.1-150, 46.1-154, 46.1-155,
46.1-156, 46.1-157, 46.1-162, 46.1-164 of the Code of Virginia, relating
to fees for registration and license plates for motor vehicles, trailers
and semitrailers, and to amend and reenact § 46.1-65 of the Code of
Virginia, relating to taxes and license fees imposed by counties,
cities and towns upon motor vehicles, trailers and semitrailers; to
amend and reenact § 46.1-78 of the Code of Virginia, relating to fees
for the issuance of certificates of title; and to provide for the manner
of allocating the revenues derived from such taxes and fees. 5 aE

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Approved March 13, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-65, 46.1-78, 46.1-149, 46.1-150, 46.1-154, 46.1-155, 46.1-156,
46.1-157, 46.1-162 and 46.1-164 of the Code of Virginia be amended and
reenacted as follows:

§ 46.1-65. (a) Except as provided in § 46.1-66 counties, incorporated
cities and towns may levy and assess taxes and charge license fees upon
motor vehicles, trailers and semitrailers; provided that no such taxes and
license fees shall be assessed or charged by any county upon vehicles of
owners who are residents of any town located in such county which con-
stitutes a separate school district approved for operation when such
vehicles are already subject to town license fees and taxes. The amount
of the license fee or tax imposed by any county, city or town upon any
class of motor vehicles, trailers or semitrailers shall not be greater than
the amount of the license tax imposed at the time of the annual registration
in 1963 by the State on vehicles of like class. Such license fees and taxes
shall be imposed in such manner, on such basis, and for such periods, as
the proper authorities of such counties, cities and towns may determine,
and subject to proration for fractional periods of years in the manner
prescribed in § 46.1-165.

(b) The revenue derived from all county, city or town taxes and
license fees imposed upon motor vehicles, trailers or semitrailers shall
be applied to general county, city or town purposes, as the case may be,
except that in any county having a population of more than eleven thou-
sand four hundred but less than eleven thousand nine hundred, or in any
county having a population of more than thirty thousand but less than
thirty-one thousand, this revenue shall be paid into the school fund of
such county.

(c) A county, incorporated city, or town may require that no motor
vehicle, trailer or semitrailer shall be locally licensed unless and until the
applicant for such license shall have produced satisfactory evidence that
all personal property taxes upon the motor vehicle, trailer or semitrailer
to be licensed have been paid which have been properly assessed or are
assessable against the applicant by the county, incorporated city or town.

(d) If in any county imposing license fees and taxes under this sec-
tion, a town therein imposes like fees and taxes upon vehicles of owners
resident in such town, the owner of any vehicle subject to such fees or
taxes shall be entitled, upon such owner displaying evidence that he has
paid the amount of such fees or taxes, to receive a credit on the fees or
taxes imposed by the county to the extent of the fees or taxes he has paid
to such town. Nothing herein contained shall be construed as depriving
any town now imposing such licenses and taxes from increasing the
same or as depriving any town not now imposing the same from here-
after doing so, but subject to the limitations provided in the foregoing
paragraph. The governing body of any county and the governing body
of any town in said county wherein each impose the license tax herein pro-
vided may provide mutual agreements so that not more than one license
tag in addition to the State tag shall be required.

(e) Any county, city or town levying taxes and charging license
fees under this section may by ordinance provide that it shall be unlawful
for any owner of a motor vehicle, trailer or semitrailer to display upon
such motor vehicle, trailer or semitrailer any license plate of such county,
city or town after the expiration date of such license plate. Any such
ordinance may provide that a violation of such ordinance shall constitute
a misdemeanor and be punishable by a fine not exceeding twenty dollars.

(f) Except as provided by paragraph (d), no vehicle shall be subject
to taxation under the provisions of this section in more than one jurisdic-

on.

§ 46.1-78. The fee to be paid to the Division for the issuance of each
original certificate of title shall be * five dollars, and the fee to record a
supplemental lien and issue a new title shall be * five dollars.

§ 46.1-149. (a) The annual registration fees for motor vehicles, trailers
and semitrailers, designed and used for the transportation of passengers
upon the highways of this State are:

(1) * $15.00 for a private motor vehicle other than a motorcycle with
a normal seating capacity of not more than 10 persons, including the
driver if such private motor vehicle is not used for the transportation of
passengers for compensation and is not kept or used for rent or for
hire, or is not operated under a lease without a chauffeur.

(2) 30¢ per one hundred pounds of weight or major fraction thereof
for a private motor vehicle other than a motorcycle with a normal seating
capacity of more than 10 adult persons including the driver if such private
motor vehicle is not used for the transportation of passengers for com-
pensation and is not kept or used for rent or for hire or is not operated
under a lease without chauffeur. Provided that in no case shall the fee be
less than * $15.00.

(3) 30¢ per hundred pounds of weight or major fraction thereof
for a school bus, public or private; provided that in no case shall the fee
be less than * $15.00.
(4) * $12.50 for trailer or semitrailer designed for use as living
quarters for human beings.

(5) $5.00 in addition to 30¢ per hundred pounds of weight or major
fraction thereof for each motor vehicle, trailer or semitrailer used as a
common carrier of passengers, operating either intrastate or interstate.*
Starting with the nineteen hundred fifty-nine license year beginning April
one, nineteen hundred fifty-nine, interstate common carriers of interstate
passengers may elect to be licensed and pay the fees therefor as prescribed
in subsection (5a) of this section upon submission to the Commissioner of a
declaration of operations and equipment as he may prescribe.

(5a) $5.00 in addition to 70¢ per hundred pounds of weight or major
fraction thereof for each motor vehicle, trailer or semitrailer used as a
common carrier of interstate passengers if election is made to be licensed
under this subsection. Starting with the nineteen hundred fifty-nine
license year beginning April one, nineteen hundred fifty-nine, in lieu of
the foregoing fee of 70¢ per hundred pounds a motor carrier of passengers,
operating two or more vehicles both within and without this State under
authority of the Interstate Commerce Commission, may make application
to the Commissioner for proration registration and upon the filing of such
application, in such form as the Commissioner may prescribe, the Com-
missioner is authorized and directed to apportion the registration fees
provided in this subparagraph so that the total registration fees to be
paid for such vehicles of such carrier shall be that proportion of the total
fees, if there were no apportionment, that the total number of miles
travelled by such vehicles of such carrier within the State bears to the
total number of miles travelled by such vehicles within and without this
State, such total mileage in each instance being the estimated total mile-
age to be travelled by such vehicles during the license year for which such
fees are paid, subject to the adjustment in accordance with an audit to be
made by representatives of the Commissioner at the end of such license
year, the expense of such audit to be borne by the carrier being audited;
provided that each vehicle passing into or through this State shall be
registered and licensed in this State and the annual registration fee to
be paid for each such vehicle shall not be less than * $30.00. For the
purpose of determining such apportioned registration fees, only those
motor vehicles, trailers, or semitrailers operated both within and without
the State shall be subject to inclusion in determining the apportionment
provided for herein.

(6) $5.00 in addition to 80¢ per hundred pounds of weight or major
fraction thereof for each motor vehicle, trailer or semitrailer kept or
used for rent or for hire or operated under a lease without chauffeur for
the transportation of passengers. This subsection does not apply to
vehicles used as common carriers.

(7) $5.00 in addition to 90¢ per hundred pounds of weight or major
fraction thereof for a taxicab and other vehicles kept for rent or hire
operated with a chauffeur for the transportation of passengers, which
operates or should operate under permits issued by the Corporation Com-
mission as required by law. This subsection does not apply to vehicles
used as common carriers.

(8) * $8.00 for a motorcycle.

(9) * $7.00 for a sidecar.

(10) * $15.00 for a bus used exclusively for transportation to and
from Sunday school or church, for the purpose of divine worship.

(11) $5.00 in addition to 70¢ per hundred pounds of weight or major
fraction thereof for other passenger-carrying vehicles. Provided, however,
that in addition to the fees set forth in paragraph (a) hereinabove, a fee
of five dollars shall be imposed for the annual registration of motor vehicles,
trailers and semitrailers exceeding four thousand pounds.

(b) The manufacturer’s shipping weight or scale weight shall be
used for computing all fees required by this section to be based upon the
weight of the vehicle.

(c) The applicant for registration bears the burden of proof that
the vehicle for which registration is sought is entitled by weight, design
and use to be registered at the fee tendered by the applicant to the Com-
missioner or to his authorized agent.

§ 46.1-150. The fees required by § 46.1-149 (a) (6) and (7) to be
paid for certificates of registration and license plates for the operation
of motor vehicles used for rent or hire shall not be required for the
operation of any motor vehicle with a normal seating capacity of not
more than six adult persons including the driver while used not for
profit in transporting persons who, as a common undertaking, bear or
agree to bear all or a part of the actual costs of such operation; and for
the purpose of § 46.1-149 every such motor vehicle shall be treated as a
private motor vehicle for which the fee for the annual certificate of regis-
tration and license plates shall be * fifteen dollars. Provided, however, if
such vehicles exceed a weight of four thousand pounds such fee shall be
twenty dollars.

§ 46.1-154. Except as hereinafter otherwise provided, the fee for
certificates of registration and license plates to be paid by owners of all
motor vehicles, trailers and semitrailers not designed and used for the
transportation of passengers shall be five dollars in addition to an amount
to be determined by the gross weight of the vehicle or combination of
vehicles of which it is a part, when loaded to the maximum capacity for
which it is registered and licensed, according to the schedule of fees herein
set forth. For each thousand pounds of gross weight, or major fraction
thereof, for which any such vehicle is registered and licensed there shall be
paid to the Commissioner the fee indicated in the following schedule im-
mediately opposite the weight group and under the classification established
by the provisions of § 46.1-99 (b) into which such vehicle, or any com-
bination of vehicles of which it is a part, falls when loaded to the maxi-
mum capacity for which it is registered and licensed; provided, that in
no case shall the fee be less than * seventeen dollars.
§ 46.1-155. The fee for the certificate of registration and license plates
to be paid to the Commissioner by the owner of a one or two wheel trailer
of a cradle, flat bed or open pickup type which has a body width not
greater than the width of the motor vehicle to which it is attached at any
time of operation, which is pulled or towed by a passenger car or station
wagon, or a pickup or panel truck having an actual gross vehicle weight
not exceeding five thousand pounds, and which is used for carrying prop-
erty not exceeding one thousand pounds at any one time, shall be * eight
dollars and fifty cents. Nothing herein shall be construed as applying to
the fees for trailers or semitrailers designed for use as living quarters
for human beings, or to those trailers or semitrailers operated under lease
or rental agreement, or operated for compensation.

§ 46.1-156. The fee for the certificate of registration and license plates
to be paid by the owner of any motor vehicle, trailer or semitrailer upon
which well-drilling machinery is attached and which is permanently used
solely for transporting such machinery shall be * fifteen dollars.

§ 46.1-157. (a) In the case of a combination of a tractor-truck and
a semitrailer, each vehicle constituting a part of such combination shall be
registered as a separate vehicle, and separate vehicle license plates shall
be issued therefor, but, for the purpose of determining the gross weight
group into which any such vehicle falls pursuant to § 46.1-154, the com-
bination of vehicles of which such vehicle constitutes a part shall be
considered a unit, and the aggregate gross weight of the entire combina-
tion shall determine such gross weight group. The fee for the registration
certificate and license plates for a semitrailer constituting a part of such
combination shall be * seventeen dollars. Provided, however, tf such semt-
trailer exceeds a gross weight of four thousand pounds such fee shall be
twenty-two dollars.

(b) In determining the fee to be paid for the registration certificate
and license plates for a tractor-truck constituting a part of such com-
bination the fee shall be assessed at the total gross weight and the fee per
thousand pounds applicable to the gross weight of the combination when
loaded to the maximum capacity for which it is registered and licensed.
However, there shall be no deduction from this fee for the registration
fee of the semitrailer in the combination.

§ 46.1-162. (a) The Commissioner may issue appropriately desig-
nated license plates to persons engaged in the business of delivering un-
laden motor vehicles under their own power from points of assembly or
distribution.

(b) Every applicant for license plates to be issued under this section
shall, on or before the first day of April in each year, or before he begins
delivery of any such vehicles, make application to the Commissioner for
certificate of registration and license upon such forms as may be prescribed
by the Commissioner. On the payment of a fee of seventy-five dollars
a certificate of registration and license shall be issued to the applicant in
such form as may be prescribed by the Commissioner. The Commis-
sioner shall issue to such applicant two sets of license plates. For each
additional set of license plates a fee of * twenty dollars per set shall be
paid by such applicant.

(c) It shall be unlawful for any person to use such license plates
other than on unladen motor vehicles, trailers and semitrailers which
are being delivered from points of assembly or distribution in the usual
and ordinary course of such delivery business; and the operators of such
vehicles being delivered, bearing license plates issued under this section,
shall at all times during such operation have in their actual possession a
proper bill of lading showing the point of origin and destination of the
vehicle being delivered and describing same.

§ 46.1-164. Every manufacturer, agent or dealer in motor vehicles,

trailers or semitrailers, 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 Commissioner for a dealer’s certificate of registration
and license. The application shall state the make of the machine handled
by the manufacturer, agent or dealer. On the payment of the fee of *
thirty dollars a certificate of registration and license shall be issued to
the dealer in such form as may be prescribed by the Commissioner. For
such fee the Commissioner shall issue to such dealer two sets of license
plates and for each additional set in excess of two a fee of * thirteen
dollars per set shall be paid, provided that the fee for a motorcycle dealer
shall be * twenty dollars for the first three sets of plates and * nine
dollars for each additional set of plates.
2. The revenue derived from the taxes and fees imposed under the
provisions of this act shall be expended in accordance with the provisions
of § 46.1-167 of the Code; provided, however, that the revenue derived from
any increases in taxes or fees over the amount imposed prior to the effective
date of this act shall not be allocated or expended prior to July 1, 1964,
irrespective of the date such taxes or fees are paid into the State treasury.
38. An emergency exists, and this act is in force from its passage.