Chap. 326.—An ACT to license and regulate the running of automobiles, loco-
mobiles and other vehicles and conveyances whose motive power is other
than animal power, along and over public highways of this State; to pro-
vide for the registration of the same, to provide uniform rules regulating
the use and speed thereof, and to prescribe penalties for the violation of
said rules and regulations, and for the licensing of chauffeurs, and to
repeal an act entitled an act to regulate the running of automobiles, loco-
mobiles and other vehicles and conveyances whose motive power is other
than animals, along and over the public highways of this State; to pro-
vide for the registration of the same, to provide uniform rules regulating
the use and speed thereof, and to prescribe for the violation of said rules,
approved March 17, 1906.

Approved March 17, 1910.

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,
motor cycle, motor bicycle, or any vehicle of any kind the motive power
of which shall be electricity, steam, gas, gasoline, or any other motive
power except animal power, 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 turnpike of any county, city, town or village
in the State of Virginia, except and until such person shall comply with
the provisions of this act.

2. Every owner of a machine on or before the first day of January
in each year, or before he shall commence to operate his machine, shall
register and obtain a license to operate the same by making application
to the secretary of the Commonwealth for a certificate of registration
and license to operate. The application must contain the name of the
applicant, his residence and postoffice address and the wunty in which
he resides, and if a corporation, its place of business, giving the name,
factory number, if any, fixed by its maker, a brief description showing
the style of machine, source of power, number of cylinders and horse-
power.

8a. The secretary of the Commonwealth shall issue a certificate of
registration and license, giving the machine in question a number which
shall] distinguish it, which cetrificate of registration and license shall be
firmly attached to the machine in an easily accessible place, and shall
be shown to any sheriff, constable or other police officer when demanded
to be seen by said officer. The certificate and license shall be in form
as follows:

This is to certify that —————-, whose residence is —-————-, and
postoffice address is —-———, is the owner of a ————— machine, fac-
tory number —————, horsepower —-————, color of body —————,
color of gear --————_,, and is hereby licensed to operate his machine

in the State of Virginia under the registration and license number
for the year
Given under my hand this, the ————— day of —————,, nine-
teen .

Secretary of the Commonwealth.

3b. Every manufacturer, agent or dealer in automobiles, locomobiles,
motor cycles or motor bicycles, or other vehicles of like kind, on or before
the first day of January in each year, or before he commences to operate
machines to be sold by him, shall make application to the secretary of the
Commonwealth for a dealer’s certificate of registration and license.
The application shall state the make of machines handled by the manu-
facturer, agent or dealer, and the probable number that will be disposed
of during that year, and on the payment of the fee of fifty dollars the
secretary of the Commonwealth shall issue to such dealer a certificate
of registration and license in form as follows:
This is to certify that —————, whose residence is ——-——,, and
place of business is —————-, is a dealer in ————— make of machines,
and is hereby licensed to operate machines to be sold by him in this
State for the year —————, under the registration and license number

Given under my hand this, the ————— day of ————., nine-
teen ——_—__—-.

——___—____._..,
Secretary of the Commonwealth.

3c. Every person, other than the owner of a machine which has been
registered and licensed to be operated in this State, who shall operate
machines for pay, before he shall operate a machine in this State shall
first take out a chauffeur’s license to operate automobiles in this State,
except that a member of a family of a licensed owner of a machine who
is otherwise qualified may operate such machine without paying addi-
tional license.

The applicant shall make application to the secretary of the Com-
monwealth, which application shall give the name of the applicant, his
residence, postoffice address, age and experience in operating automobiles,
and shall be sworn to before some officer authorized to administer oaths.
There shall be appended to each application a statement, by two repu-
table citizens, that the applicant is a fit person and is competent to
operate an automobile.

On the payment of two dollars and fifty cents the secretary of the
Commonwealth shall issue to such applicant a license and badge, which
license and badge shall be carried by said chauffeur at all times while
operating an automobile, the badge to be plainly in evidence upon the
lapel of the chauffeur’s coat or on the front part of the chauffeur’s cap.
The license to be in the form following:

This is to certify that —-————, whose residence is —-———, and
postoffice address is —————, has this day been duly licensed according
to law to operate or drive automobiles over the roads of this State for
the year —————.

Given under my hand this, the ————— day of —————,, nine-
teen —————_.

Secretary of the Commonwealth.
3d. The certificate of registration and license of owner of automo-
bile, certificate of registration and license of owner of motor cycle or
motor bicycle, dealer’s certificate of registration and license and chauf-
feur’s license shall terminate on the thirty-first day of December of the
year for which issued.

4. A number plate must also be delivered to the applicant by the
secretary of the Commonwealth, upon which the number assigned must
be painted in Arabic numerals not less than four inches in height, fol-
lowed by the letters Va., and in figures the year for which issued, and
this plate must always be in evidence upon the rear of the machine.

5. The fee for the certificate of registration and license and plate to
be paid by the owner of an automobile or other vehicle the motive power
of which is other than animal power, except motor cycles or motor
bicycles, if twenty horsepower or less, shall be five dollars; and if over
506 ACTS OF ASSEMBLY.

twenty and under forty-five horsepower, shall be ten dollars; and if forty-
five horsepower or over, twenty dollars, the horsepower to be determined
by the rating given by the manufacturer; and if more than one rating, the
highest is to be taken for the purposes of this act. The fee for certificate
of registration and license and plate for a motor cycle or motor bicycle
shall be two dollars.

These fees shall be paid to the secretary of the Commonwealth, who
shall issue certificate of registration and license and number plates as
provided for in this act.

6. If the owner of a machine shall furnish satisfactory proof of the
loss of his certificate of registration and license, then the secretary of
the Commonwealth shall issue a duplicate on the payment of the fee of
one dollar. Should the owner of a machine suffer the loss of his num-
ber plate, it shall be his duty to report the loss to the secretary of the
Commonwealth, who shall thereupon grant a permit to have another
made and used on the machine, the new plate to be ag nearly like the
original plate issued to him as possible.

7. Should the owner part with the machine during the year for
which the certificate of registration and license was issued, he shall im-
mediately notify the secretary of the Commonwealth of such sale, and
return to him the certificate and license. Should the owner disposing of
his machine aforesaid purchase another during that year, the secretary
of the Commonwealth shall transfer the old number to the new machine
and issue a new certificate and license for the new machine on the pay-
ment of the fee of one dollar. It shall be unlawful for any person to
attach or use a number plate or certificate and license on a machine for
which it was not issued.

8. The 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, except in cases where the local ordinances of such city or town
shall provide otherwise. Outside of the corporate limits of any city or
town a speed of twenty miles an hour is permissible, except 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 road-
ways, when a rate of speed not exceeding eight miles an hour must be
observed.

9. It shall be the duty of the owner or driver of any machine to
produce his certificate for inspection when so requested by the sheriff or
any constable, policeman or other peace officer.

10. Any owner or operator, not a resident of this State, who shall
have complied with the laws of the State in which he resides, requiring
the registration of motor vehicles, or licensing of operators thereof, and
the display of identification or registration numbers on such vehicles,
and who shall cause the identification numbers of such State, in accord-
ance with the laws thereof, and none other, together with the initial
letter, or letters, of such State to be displayed on his motor vehicle, as
in this subtitle provided, while used or operated upon the public high-
ways of this State, may use such highways, not exceeding two periods
of seven consecutive days in each calendar year, without complying with
the provisions of sections two, three-a and three-b: provided, however,
that if any non-resident be convicted of violating any provisions of sec-
tions eight, nine, eleven, twelve, thirteen, he shall thereafter be subject
to and required to comply with all the provisions of said sections two,
three-a and three-b, relating to the registration of motor vehicles and
the licensing of operators thereof; and the governor of this State is
hereby authorized and empowered to confer and advise with the proper
officers and legislative bodies of other States of the Union and enter into
reciprocal agreements under which the registration of motor vehicles
owned by residents of this State will be recognized by such other States,
and he is further authorized and empowered, from time to time, to grant
to residents of other States the privilege of using the roads of this
State, as in this section provided, in return for similar privileges granted
residents of this State by such other States.

11. 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 anyone 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 three hundred feet
ahead, and at the intersection of prominent cross-roads, when such road
or highway passes through the open country; and when the operator of
an automobile overtakes a vehicle and indicates his desire to pass said
vehicle, it shall be the duty of the driver of the vehicle to bear to the
right and decrease his speed to less than eight miles per hour, so as to
enable the automobile to pass at the left at a speed not exceeding eight
miles per hour. |

(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
where there is a gathering of horses or persons. Otherwise the rate of
speed may be twenty miles per hour, but this rate is subject to the con-
ditions set forth in the succeeding sections of this act.

12. 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 ve-
hicle, and if signaled by such rider or occupant of such vehicle, or be
otherwise requested thereto, shall immediately bring his machine and
its engine 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 said rider or oc-
cupant of said vehicle, the owner, operator, conductor, driver or occu-
pant, 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 direc-
tion to that which the machine is traveling give evidence of fright, then
the duty of the driver shall be the same as if he had been signaled to by
the rider of the horse or the occupant of the vehicle.

13. When the operator, owner, occupant, conductor or driver of such
machine overtake a horse or vehicle traveling 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 eight miles per hour. Should such vehicle o1
ridden horse not stop, and the said operator, owner, driver, conductor,
or occupant 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 passing a horse or vehicle going in the same direction the pro-
vision .of section twelve 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 machine 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.

Every machine operated 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 in the rear of the
machine one red light, which shall effectually illumine the number tag
on the rear.

13a. When the operator, owner, occupant, conductor, or driver of
any such machine approaches a curve, bend or any place where the road-
way is not plainly visible for a distance of three hundred feet ahead, he
shall at all times keep his machine on the righthand side of the roadway
sufficiently to allow ample room on the opposite side for the passage of
other vehicles or machines, irrespective of whether another vehicle or
machine is approaching or not.

14. 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 imprisoned in jail
not less than five nor more than thirty days, 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 corporation or hus
tings court of the city, in accordance with the general law governing
appeals in misdemeanor cases. .

15. In addition to such fine or imprisonment, any person violating
any of the provisions of this act shall be liable for damages actually in-
curred by reason of such violation, and in default of the deposit with
the justice by such owner or occupant of a sum in cash reasonably suft-
cient to pay such cost and probable damages, the machine may be
seized and impounded anywhere in any county or city of the State upon
the order of the justice of said county or city in which the offense 1s
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 proceedings the
owner of such machine shall have notice of the same by publication or
otherwise, according to law, and allowed an opportunity to make de
fense, and the driver of the machine shall be deemed an agent of the
owner for the purpose of serving process.
16. In case when any such machine shall be impounded, as provided
in the preceding section, and judgment be against the owner, the sheriff,
constable 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 date of the sale, at three or more public places in his county
or corporation, and shall publish notice of sale in some newspaper pub-
lished 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.

1%. Nothing in this act shall apply to the machines known as traction
engines, or to any locomotive engine or electric car running on rails.
Machines owned by counties and cities and used for purely county and
municipal purposess shall not be required to be registered. 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 machine, to sue and
recover damages as heretofore.

18. All owners of automobiles, locomobiles and other vehicles whose
machines have been registered in the office of the secretary of the Com-
monwealth under the act approved March seventeenth, ninteen hundred
and six, since January first, nineteen hundred and ten, shall be required
to register their machines when this law becomes effective, and shall pay
the fee required by this act, less the fee already paid, and shall retain
their present number plates until January first, nineteen hundred and
eleven. All machines registered prior to January first, nineteen hundred
and ten, shall, as soon as this law becomes effective, register their ma-
chines in the office of the secretary of the Commonwealth for the year
nineteén hundred and ten, and pay the fee required by this act for such
registration.

19. All fees collected by the secretary of the Commonwealth under
the provisions of this act, after the payment of the necessary expenses
incident to the cost of purchasing number plates and paying cost of
mailing same, shall be paid into the State treasury, and shall constitute
a special fund to be expended under the direction of the State highway
commissioner in the permanent improvement of main highways of this
State, to be expended according to the provisions of an act approved
February twenty-fifth, nineteen hundred and eight, entitled an act to
provide for State money aid in addition to convict labor for improve-
ment of public roads.

1914. That every person who shall keep a garage for the hire,
storage or sale of automobiles in the country and in towns of less
than two thousand (2,000) inhabitants, shall pay the sum of fifteen
dollars ($15.00), and an additional sum of fifty cents ($.50) for
the storage capacity in excess of five (5) of the vehicles hereinafter de-
fined, and in towns of two thousand (2,000) inhabitants and over he
shall pay twenty-five dollars ($25.00) and an additional tax of fifty
cents ($.50) for the storage capacity over five (5) of each of the
vehicles hereinafter mentioned, and in cities he shall pay a tax of one
hundred dollars ($100) and one dollar ($1.00) additional for each
vehicle for the storage capacity of each vehicle over five. The license to
keep a garage by the proprietor of public watering places and other
places of summer resort, or any person at such places for six months or
less, shall be one-half of the sums hereinbefore specified.

20. A garage, as used within the terms of this act, shall mean a place
of storage for hire or a place where there is kept for hire 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 ani-
mals, whether such automobile, locomobile or vehicle is kept therein
permanent or temporarily.

21. Any person, firm, association or corporation licensed under this
act shall pay a license tax in the corporation or county in which such
automobile, locomobile or other vehicle is, or in which such garage is
located, but in no case shall any person pay a license tax in more than
one city or county.

22. Any person violating sections nineteen and twenty of this act
shall, upon conviction, pay a fine of not less than fifty dollars nor more
than one hundred dollars for each offense.

24. An act entitled 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 registration of the same, to provide uniform rules regu-
lating the use and speed thereof, and to prescribe for the violation of
said rules, approved March seventeenth, nineteen hundred and six, is
hereby repealed.