CHAP. 522.—An ACT to amend and re-enact an act entitled an act to
license and regulate the running of automobiles, locomobiles and other
vehicles and conveyances, whose motive power is other than animal
power, along and over public highways of this State; to provide 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,
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 regulating the use and speed thereof, and to prescribe for the
violation of said rules, approved March 17, 1910; and further, to pro-
vide for licensing dealers and garages and for running motor vehicles
for hire, and to prescribe penalties for violations of this act. And
to further provide for the payment of fees collected under this act
into the State treasury and the expenditure of same in the mainte
nance and construction of State aid roads and bridges.

(H. B. 121.)
Approved March 24, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to license and regulate the running of au-
tomobiles, locomobiles and other vehicles and conveyances, whose
motive power is other than animal power, along and over pub-
lic highways of this State; to provide 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 re-
peal an act entitled an act to regulate the running of automo-
biles, 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 and regulating the use and speed
thereof, and to prescribe for the violation of said rules, be
amended and re-enacted to read as follows:

Sec. 1. That it shall be unlawful for any person, or per-
sons, except in accordance with the provisions of this act, to
run, drive or operate any automobile, locomobile, motorcyck,
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 turn-
pike 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.

Sec. 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 license to operate
the same by making application to the secretary of the Common-
wealth for a certificate of registration and license to operate.
The application must contain the name of the applicant, his resi-
dence and postoffice address, and the county 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 cyF-
inders and horsepower.

Sec. 3-a. 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 certificate
of registration and license shall be firmly attached to the ma-
chine 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 ......... ccc eee ee eee and postoffice address is
re is the owner of a machine, factory
number we eee eee - horsepower ...... - color of body ....... .
color of gear........ ; and is hereby licensed to operate his ma-
chine in the State of Virginia under the registration and license
mumber .......... for the year.........
Given under my hand the .......... day of ..............
nineteen ...............

Secretary of the Commonwealth.

Sec. 3-b. Every manufacturer, agent, or dealer in automo-
biles, locomobiles, motorcycles or motor bicycles, or other ve-
hicles 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 Common-
wealth for a dealer’s certificate of registration and license. The
application shall state the make of the machines handled by the
manufacturer, 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 ..............---- eee eee ee. whose
residence iS ........... 0c cee cece eee and place of business is

See e eee eee eee seca » is a dealer in ..............0. eee

make of machines, and is hereby licensed to operate machines
to be sold by him in this State for the year ................
under registration and license number .................

Given under my hand this, the ............ day of ........
Leet ee eee nineteen .............00.

eeegweeeee#ee#e#en+eeseee#e#e#ee#eseeetseeee#e#e@#8#ee@08e#e868¢6

Secretary of the Commonwealth,

Sec. 3-c. Any 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 oper-
ate a machine in this State shall first take out a chauffeur’s
license to operate automobiles in this State, except that a mem-
ber of a family or servant regularly employed for other pur-
poses of a licensed owner of a machine, who is otherwise quali-
fied, may operate such machine without paying additional li-
cense. The applicant shall make application to the secretary
of the Commonwealth, which application shall give the name of
the applicant, his residence, postoffice address, age and experi-
ig automobiles, and shall be sworn to before some
2d to administer oaths. There shall be appended
tion a statement, by two reputable citizens, that
a fit person and is competent to operate an auto-

nent of two dollars and fifty cents, the secretary
wealth shall issue to such applicant, a license and
cense and badge shall be carried by the chauffeur
hile operating an automobile, the badge to be
nce upon the lapel of the chauffeur’s coat or on
of the chaffeur’s cap. The license to be in the

ortify that ................ , whose residence is
... and postoffice address is..................
2en duly licensed according to law to operate or
les over the roads of this State for the year

r my hand this, the .......... day of ........
nineteen ..............4.
Secretary of the Commonwealth.

The certificate of registration and license of owner
, certificate of registration and license of owner
or motor bicycle, dealer’s certificate of registra-
e and chauffeur’s license, shall terminate on the
of December of the year for which issued.
Number plates in duplicate must also be delivered
it by the secretary of the Commonwealth, upon
ber assigned must be painted in Arabic numerals
yur inches in height, followed by the letters ‘‘“VA.”
the year for which issued, and such plates must
ridence upon the front and rear of the machine.
e fee for the certificate of registration and license
e paid by the owner of the automobile, or motor
r bicycle or other vehicle the motive power of
than animal power, shall be forty cents per horse
orsepower to be determined by the rating ‘‘form-
d by the association of licensed automobile manu
now known as the standard horse power formuls
of automobile engineers.”
lf of the license fee herein required to be paic
of an automobile shall be charged or collectec
_license is issued on or after the first day of Sep
year.

shall be paid to the secretary of the Common
hall issue certificates of registration and licens
lates as provided for in this act.
ter February first in each and every year ever
or chauffeur who shall operate an automobile o:
rer the roads or streets of the State, without firs’
obtaining from the secretary of the Commonwealth a license
to operate the same, and display the license as provided by law.
shall be guilty of a misdemeanor and fined not less than ten
dollars nor more than twenty dollars. Each day’s use of the
machine without license shall constitute a separate offense in
the discretion of the magistrate or other court trying the case.
And all licenses issued before this act goes into effect shall ex-
pire on the thirty-first day of January, nineteen hundred and
seventeen.

sec. 6. If the owner of a machine shall furnish satisfac-
tory 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 number 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
as nearly like the original plate issued to him as possible.

Sec. 7. Should the owner part with the machine during
the year for which the certificates of registration and license
were issued, he shall immediately notify the secretary of the
Commonwealth of such sale, and return to him the certificate
and license. Should the owner disposing of his machine afore-
said, 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 payment of the fee of one dollar, provided the
new machine require no greater license fee than that paid for
the old machine, but should the new machine require a greater
license fee than that paid for the old license, the secretary of
the Commonwealth is authorized to make the transfer on the
payment of the difference between the license paid and that
required for the new machine. Should the owner, disposing of
his machine, desire the license transferred to the purchaser, the
secretary of the Commonwealth is authorized to make the same
on receipt of a request in writing from the person in whose
name the license was issued and the fee for such transfer shall
be one dollar.

It shall be unlawful for any person to attach or use a number
plate | or certificate or license on a machine for which it was not
issued.

Sec. 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 fifteen (15) miles an hour, except in cases where the local
ordinances of such city or town shall provide otherwise. Out-
side 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 roadways, when a rate of speed not exceeding ten miles an
hour must be observed.

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

Sec. 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 licens-
ing 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 accordance with the laws
thereof, and none other, together with the initial letter or let-
ters, of such State to be displayed on his motor vehicle, as in the
sub-title 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, with-
out complying with the provisions of sections two, three-a and
three-b; provided, however, that if any non-resident be con-
victed of violating any provisions of sections 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
end 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 resi-
dents of other State the privilege of using the roads of this
State, as in this section provided, in return for similar privi-
leges granted residents of this State by such other States.

Sec. 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 any one driving a machine.

(a) A speed of ten 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 over-
takes 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 an hour, so as
to enable the automobile to pass at the left at a speed not ex-
ceeding ten miles per hour.

(b) A speed of ten miles per hour where a street or high-
way passes the built-up portions of a city, town or village.
(c) A speed of ten miles an hour at points on any public
highway where there is a gathering of horses or persons. Other-
wise the rate of speed may be twenty miles per hour, but this
rate is subject to the conditions set forth in the succeeding sec-
tions of this act.

Sec. 12. The owner, operator, conductor, driver or occu-
pant of any such machine, shall keep a careful !ook ahead for the
approach of horseback riders, or vehicles drawn by horses, or
other animals, and upon the approach 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
signaled by such rider or occupant of 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 occupant of said vehicle, 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.

Sec. 13. When the operator, owner, occupant, conductor or
driver of such machine overtakes a horse or vehicle or motor
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 ten miles per hour. Should such
vehicle or 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
2 horse or vehicle going in the same direction, the provisions 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 mak-
ing 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

, 119
machine is going, and also shall exhibit in the rear of the
machine one red light, which shall effectually illumine the nun-
ber tag on the rear.

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

Sec. 14. Any person, failing to perform any duty imposed
by any section of this act, or violating any provision, or condi-
tion 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 hust-
ings court of the city, in accordance with the general law gov-
erning appeals in misdemeanor cases.

Sec. 15. In addition to such fine or imprisonment, any per-
son violating any of the provisions of this act, shall be liable
for damages actually incurred by reason of such violation, and
default of the deposit with the justice by such owner or occupant
of a sum in cash reasonably sufficient to pay such costs 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 is com-
mitted, and may, by order of the justice, be sold to pay such
fine or damage.

But before any judgment shall be entered in said proceed-
ings, the owner of such machine shall have notice of the same
by publication or otherwise, according 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 of serv-
ing process.

Sec. 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 corpora-
tion, 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.

Sec. 17. Nothing in this act shall apply to the machines
known as traction engines, or to any locomotive engine, or elec-
tric cars running on rails. Machines owned by the State, coun-
ties and cities and used for purely State, county and municipal
purposes shall be required to register, but no fee shall be col-
lected for number plate and registration. And nothing con-
tained in this act shall affect the right of person injured in his
person or property by the negligent operation of any machine
to sue and recover damages as heretofore.

Sec. 18. That every person who shall keep a garage for
the storage or hire of automobiles, in the county and in towns
of less than two thousand (2,000) inhabitants, shall pay the
sum of fifteen dollars ($15), and an additional sum of fifty cents
($.50) for the storage capacity in excess of five (5) of the
vehicles hereinafter defined, and in towns of two thousand
(2,000) inhabitants and over, he shall pay twenty-five dollars
lars ($25) and an additional tax of fifty cents ($.50) for the
storage capacity over five (5) of each of the vehicles herein-
after mentioned, and in cities of the second class, he shall pay
a tax of thirty-five dollars ($35) and fifty cents ($.50) addi-
tional for each vehicle for the storage capacity of each vehicle
over five, and in cities of the first class he shall pay a tax of one
hundred dollars ($100), and one dollar ($1) 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.

Sec. 19. A garage, as used within the terms of this act,
shall mean every place where three or more motor vehicles are
stored or housed at any one time for compensation other than
compensation to owner of the building, except only such places
in which automobiles or motor vehicles of other kinds are kept
by the owners thereof without payment for storage.

Sec. 20. Every person, for the privilege of running an au-
tomobile, taxicab or motor vehicle of any kind for hire, in the
transportation of merchandise or passengers in cities or towns
of less than five thousand inhabitants shall for each machine
operated pay the sum of ten ($10) dollars, this fee to be paid
in addition to the registration and license tax hereinbefore pro-
vided for. These to be the only State license taxes to be paid
for the privilege of running an automobile, taxicab or motor
vehicle of any kind for hire in the transportation of merchan-
dise or passengers.

Sec. 21. Any person, firm, association or corporation, li-
censed 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.

Sec. 22. Any person violating sections twenty and twenty-
one of this act shall, upon conviction, pay a fine of not less than
fifty dollars nor more than one hundred dollars for each offense.
Sec. 23. All fees collected by the secretary of the Com-
monwealth under the provisions of this act, after the payment
of the necessary clerical assistance and tne expenses incident
to the cost of purchasing number plates and paying the 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 maintenance of roads
and of bridges constructed with State aid and county and magis
verial district oond issues of this State, to ~e expended accoraing
to the provisions of an act approved February twenty-five, nine-
teen hundred and eight, entitled, an act to provide for State
money aid in addition to convict labor for the improvement of
public roads, except that the fund snall be applicable to the main-
tenance of the roads of all the counties of the State, whether
constructed with convict labor or not, and whether constructed
with State aid or the proceeds of bond issues of districts or coun-
ties; and provided further, that the State highway commis
sioner and local road autnorities of the county, shall agree as
to the amount required for the maintenance of roads and bridges
to be maintained, in this agreement outlining the character and
method of work to be done and the cost of the same; that this
work may be done by the local road autnorities, or in any other
way agreed on by the highway commissioner and tne local road
authorities, and when completed according to this agreement,
shall be paid for out of the maintenance fund.

Where the apportionment of a county in which no roads
have been constructed, as specified above, and the whole appor-
tionment is not used in the maintenance of roads or bridges, the
remainder shall be used in the construction of roads or bridges
until a maintenance charge is created, provided further, that
any surplus remaining after the application to the maintenance
of State aid roads and bridges in any county availing itself of
convict labor, shall revert to the general fund and be
tributed to the other counties in accordance with the provisions
of this act.

Sec. 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 the State; to provide 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 seventeenth, nineteen hundred and ten, is hereby re-
pealed.