Chap. 299.—An ACT to regulate the running of automobiles, locomobiles and
other vehicles and conveyances whose motive power is other than animals,
along and over the public highways of this State, to provide for the regis-
tration of the same, to provide uniform rules regulating the use and speed
thereof and to prescribe penalties for the violation of said rules.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That it shall be
unlawful for any person or persons, except in accordance with the pro-
visions of this act, to run, drive, or operate any automobile, locomobile,
or any vehicle of any kind, the motive power of which shall be electricity,
steam, gas, gasoline, or any other motive power except animals, and
which said vehicles shall hereafter be called machines in this act, on or
along or across any public road, street, alley, highway, avenue, or turn-
pike of any county, city, town or village in the State of Virginia, except
and until such person shall comply with section two of this act.

2. Every owner of a machine shall register the same by making appli-
cation to the secretary of the Commonwealth for a certificate of regis-
tration. The application must contain the name of the applicant with
his address and place of residence, the name and a brief description of the
machine, with the number, if any, as fixed by the maker.

(a) The secretary of the Commonwealth shall issue a certificate of reg-
istration in duplicate, giving the machine in question a number, which
shall distinguish it. One of these certificates of registration must be
firmly attached to the machine in an easily accessible place, and shall be
in form as follows: :

This is to certify that ————_——— is the owner of a ————— ma-
chine, numbered ————-.

That his (or her) residence is —————; his (or her) postoffice address
is —————, and that he (or she) hath obtained this certificate according
to law on the day of , nineteen hundred and

Teste:

Secretary of the Commonwealth of Virginia.

(b) A number plate must also be delivered to the applicant by the
secretary of the Commonwealth, upon which the number assigned must
be printed in Arabic numerals not less than four inches in height, fol-
lowed by the letters Va. And this plate must always be in evidence upon
the rear of the machine.

(c) The fee for the certificate and plate shall be two dollars ($2.00),
which amount shall be paid to the secretary of the Commonwealth.

(d) If the owner of a machine shall furnish satisfactory proof of the
loss of his certificate of registration or number plate, then the secretary
of the Commonwealth shall furnish another one or both, giving the same
number as originally held, upon the payment of the fee designated in sub-
section (c) of this section.

3. Every machine operator in this State shall have displayed from one
hour after sunset to one hour before sunrise at least one white light
throwing a bright light at least one hundred feet in the direction in which
the machine is going, and also shall exhibit on the rear of the machine
one red light, which will effectually illumine the number tag on the
rear.

4. Should the owner part with the machine or any interest in it in the
year following the date of the certificate it shall be the duty of the pur-
chaser to take out a new certificate in accordance with the provisions of
this act; nor shall the number of any machine be changed during the life
of re certificate, and there shall be only one number placed on each
machine.
5. An operator of a machine shall not drive in the corporate limits of
any city or town at a greater rate of speed than twelve (12) miles an hour.
Outside of the corporate limits of any city or town a speed of fifteen
miles an hour is permissible, except in going around curves, down sharp
declines, or at the intersection of any cross roads, or over the crest of
hills, or in passing other vehicles or riders on roadways, when a rate of
speed that will tend to avoid danger must be observed.

6. It shall be the duty of the owner or the driver of every machine run
upon any turnpike upon passing a toll gate to exhibit his certificate to
the toll-gate keeper, who shall enter the name and -address of the owner
and the number of the machine, together with the hour and day of the
passage through the gate of the machine, in a book kept for such pur-
poses, which book shall be furnished all the toll-gate keepers by the sev-
eral boards of supervisors. And it shall be the duty of the owner or
driver of any machine to exhibit his certificate for inspection when so
requested by the sheriff or any constable, policeman, or peace officer.

7. Of the two ($2.00) dollars to be paid for the said certificate, fifty
(50) cents shall be retained by the clerk for the issuance of such
certificate and the balance shall be turned over to the treasurer of the
county or city and placed to the credit of said county or city for the pur-
pose of reimbursing said county or city for the expenses entailed by this
act.

8. The following rate of speed may be maintained, but shall not be
exceeded on any of the highways set forth in section one of any city, town,
or village, or county in this State by any one driving a machine.

(a) A speed of eight miles an hour around curves or bends or where the
roadway is not plainly visible for a distance of two hundred feet ahead,
and at the intersection of prominent cross roads when such road or high-
way passes through the open country.

(b) A speed of eight miles per hour where a street or highway passes
the built-up portions of a city, town, or village.

(c) A speed of eight miles an hour at points on any public highway
when there is a gathering of horses or persons. Otherwise the rate of
speed may be fifteen miles per hour, but not more, and this rate is sub-
ject to the conditions set forth in the succeeding sections of this act.

9. The owner, operator, conductor, driver, or occupant of any such
machine shall keep a careful look ahead for the approach of horseback
riders or vehicles drawn by horses or other animals, and upon the ap-
proach of such riders or vehicles shall slow up, keep his machine under
thorough and careful control, give ample roadway to such rider or vehicle,
and if signalled by such rider or occupant of such vehicle, or be other-
wise requested thereto, shall immediately bring his vehicle to a full stop
and allow ample room and time to allow such rider or vehicle to pass.
And if requested so to do by the said rider or the occupant of said ve-
hicle, the owner, operator, conductor, driver, or occupant, if a male, of
any such machine, shall lead the horse or horses past his machine. Should
any horse ridden or driven in an opposite direction to that which the
machine is travelling, give evidence of fright, then the duty of the driver
shall be the same as if he had been signalled to by the rider of the horse
or the occupant of the vehicle.

10. When the operator, owner, occupant, conductor, or driver of such
machine overtakes a horse or vehicle travelling in the same direction with
himself he shall slow down his speed, signal for the road by bell or gong
or horn, and if the horse or other vehicle stop, shall pass at a rate of
speed not greater than four miles per hour. Should such vehicle or rid-
den horse not stop and the said operator, owner, driver, conductor, or oc-
‘cupant of said machine desire to pass he shall do so at a rate of speed not
greater than may be necessary, and shall in all cases use due diligence
and care not to frighten the horse or horses. In case of a machine pass-
ing a horse or vehicle going in the same direction the provisions of sec-
tion nine of this act shall apply to the operator, owner, driver, occupant.
or conductor of the machine, except that in such case the horse or horses
shall be held until the horse or horses become quiet, and then the ma-
chine may proceed.

Every machine shall be provided with a lock, key, or other device to
prevent its being set in motion, and no person shall allow any such
machine operated by him to stand or remain unattended in any street.
avenue, road, alley, highway, park, parkway, or any other public place.
without first locking or making fast the machine as above provided.
Every machine shall be provided with a good and sufficient brake or
brakes, and shall also be provided with a suitable bell, horn, or other
signal device.

11. Any person failing to perform any duty imposed by any section of
this act or violating any provision or condition herein set forth shall for
each offense be fined not less than ten dollars or more than one hundred
dollars or imprisoned in jail not less than five nor more than thirty davs.
or both, in the discretion of the justice of the peace before whom the case
may be tried. An appeal may be taken to the circuit court of the county
or the corporation or hustings court of the city, in accordance with the
general law governing appeals in misdemeanor cases.

12. In addition to such fine or imprisonment any person violating any
of the provisions of this act shall be liable for any damages actually in-
curred by reason of such violation and the machine may be seized and
impounded anywhere in any county or city of this State upon the order
of a justice of said county or city in which the offense is committed and
may, by order of the justice, be sold to pay such fine or damage. But
before any judgment shall be entered in said proceeding the owner of such
machine shall have notice of the same by publication or otherwise, accord-
ing to law and allowed an opportunity to make defense, and the driver of
the machine shall be deemed an agent of the owner for the purpose ol
serving process. .

13. In case when any such machine shall be impounded as provided in
the preceding section and judgment be against the owner, the sheriff, con-
stable, or sergeant, as the case may be, shall fix upon a time and place for
the sale thereof, and post notices of the same for at least ten days before
the day of the sale, at three or more public places in his county or corpo-
ration, and shall publish notice of sale in some newspaper published in
the county or city for two consecutive weeks. At the time and place so
appointed such officer shall sell to the highest bidder for cash the said
machine ; and the surplus, if any there be after deducting the amount of
fine, cost, and damage, shall be paid to the owner of the machine. |

14. This act shall apply to all counties in this State whose board of
supervisors shall, by a recorded vote, adopt the same and to none other,
and upon such adoption this act as to such county shall become imme-
diately operative, and it shall so apply to all incorporated cities whose
council shall adopt the same, and to none other.

15. Nothing in this act shall apply to the machines known as traction
engines, or to any locomotive engine or electric car running on rails or
motor bicycles. Nor shall it apply to any incorporated city or town
which now or shall hereafter have ordinances governing the operation of
machines within their corporate limits, unless the council of such city or
town shall adopt this act in accordance with the provisions of section
twenty; and nothing contained in this act shall affect the right of any
person injured in his person or property by the negligent operation of any
machines to sue and recover damages as heretofore.

16. Every board of supervisors or council adopting this act shall at
once notify the secretary of the Commonwealth, who shall keep a record
of the counties or cities so adopting, open to public inspection.