Chap. 149.—An ACT to continue the office of motor vehicle commissioner ;
to provide for his election; to prescribe his powers and duties; to protect the
title of motor vehicles; to provide for the registration of titles thereto and
the issuance of certificates of title; to prescribe the effect of such registration ;
to provide for the licensing of motor vehicles and chauffeurs; to provide
penalties; and to repeal all acts and parts of acts in conflict herewith.

[S B 103]
Approved March 17, 1926.

Be it enacted by the general assembly of Virginia, as follows:
TITLE I.—MOTOR VEHICLE COMMISSIONER.

Section 1. Motor vehicle commissioner.
Section 2. Duties of department and vehicle commissioner.
Section 3. Offices of department.
Section 4. Records of department.
Section 5. Posting of records.
Section 6. Accident statistics.

TITLE II—REGISTRATION AND CERTIFICATES OF
TITLE OF MOTOR VEHICLES, TRAILERS

Section 7.
Section 8.
Section 9.

Section 10.
Section 11.
Section 12.

of title.

Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.

fer.

AND SEMI-TRAILERS.

Owner to secure registration and certificate of title.

‘Exempt from registration.

Application for registration and certificate of title.
Register of applicants to be kept by department.
Registration cards and certificates of title.

Release of lien or encumbrance shown on certificate

Registration card to be carried.

Number plates to be furnished by department.
Display of plates.

Renewal of registration.

Transfer of title or interest.

Registration by manufacturers and dealers.
Manufacturer or dealer to give notice of sale or trans-

Section 191%. Chauffeur’s license; how obtained.

Section 20.
Section 21.

obtained.

Section 22.
Section 23.
Section 24.

‘Registration by non-residents.

Lost certificates or number plates—duplicate to be

Department authorized to assign new engine number.
Notice of theft or embezzlement.
Altering or forging certificate of title a felony.

TITLE III—REFUSAL OR CANCELLATION OF REGISTRA-
TIONS AND CERTIFICATES OF TITLE AND

Section 25.

fused.

Section 26.
Section 27.
Section 28.

Section 29.
Section 30.
Section 31.
Section 32.

VIOLATIONS OF PROVISIONS RE-

LATING THERETO.
When registration or certificate of title shall be re-
When registration shall be rescinded.

Violations of registration provisions.
Making false affidavit perjury.

TITLE IV.—REGISTRATION FEES.

Registration fees.

Exempt from registration fees.
When fees delinquent; penalties.
Disposition of registration fees.
Section 33. Driving vehicle without owner’s consent.
Section 34. Receiving or transferring stolen vehicle.
Section 35. Injuring vehicle.

Section 36. Tampering with vehicle.

TITLE VI.—PENALTIES.

Section 37. Penalty for misdemeanor.
Section 38. Penalty for felony.

TITLE VIT.—INTERPRETATION.

Section 39. Uniformity of interpretation.
Section 40. Short title.

Section 41. Repeal.

Section 42. Constitutionality.

Definitions.—The following words and phrases when used in this
act shall for the purpose of this act have the meanings respectively
ascribed to them in this section except in those instances where the
context clearly indicates .a different meaning.

(a) ‘Vehicle.’-—Every device in upon or by which any person or
property is or may be transported or drawn upon a public highway,
except devices moved by human power or used exclusively upon sta-
tionary rails or tracks.

(b) ‘Motor vehicle.’—Every vehicle, as herein defined, which is
self-propelled.

(c) “Motorcycle.”—Every motor vehicle designed to travel on
not more than three wheels in contact with the ground, except any
such vehicle as may be included within the term ‘‘tractor’’. as herein
defined.

(d) ‘Tractor truck.’—Every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load
so drawn.

(e) “Farm tractor.’’—Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines
and other implements of husbandry.

(f) ‘Road tractor.’—Every motor vehicle designed and. used for
drawing other vehicles and not so constructed as to carry any load
thereon independently or any part of the weight of a vehicle or load
so drawn.

(g) ‘Trailer.’”—Every vehicle without motive power designed
for carrying property or passengers wholly on its own structure and
for being drawn by a motor vehicle.

(h) ‘‘Semi-trailer.”—Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its
own weight and that of its own load rests upon or is carried by another
vehicle.
(i) - “Specially constructed vehicle.’’-—Any vehicle which shall not
have been originally constructed under a distinctive name, make,
model or type by a generally recognized manufacturer of vehicles.

(j) “Essential parts.’”’-—All integral parts and body parts, the
removal, alteration or substitution of which will tend to conceal the
identity or substantially alter the appearance of the vehicle.

(k) ‘Reconstructed vehicle.’’—Any vehicle which shall have been
assembled or constructed largely by means of essential parts, new or
used, derived from other vehicles or makes of vehicles of various
names, models and types, or which, if originally otherwise constructed,
shall have been materially altered by the removal of essential parts
or by the addition or substitution of essential parts, new or used, de-
rived from other vehicles or make of vehicles.

(1) ‘Foreign vehicle.’—Every motor vehicle, trailer or semi-
trailer which shall be brought into this State otherwise than in the
ordinary course of business by or through a manufacturer or dealer
and which has not been registered in this State.

(m) ‘Pneumatic tires.’’—All tires inflated with compressed air.

(n) “Solid rubber tires.’-—Every tire made of rubber other than
a pneumatic tire.

(o) ‘Metal tires.” —All tires the surface of which in contact with
the highway is wholly or partly of metal or other hard, non-resilient
material.

(p) ‘‘Person.’’—Every natural person, firm, co-partnership, asso-
Clation or corporation.

(q) ‘“Owner.”—A person who holds the legal title of a vehicle or
in the event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of
the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the event
a mortgagor of a vehicle is entitled to possession then such conditional
vendee or lessee or mortgagor shall be deemed the owner for the pur-
pose of this act.

S (r) ‘‘Non-resident.’-—Every person who is not a resident of this
tate.

(s) ‘‘Manufacturer”’ or “‘dealer.’-—Every person engaged in the
business of manufacturing, buying, selling or exchanging motor ve-
hicles in this State and having an established place of businessjin this
State where the ordinary or appropriate books and records of such
manufacturer or dealer are kept and at which a substantial share of the
business of such manufacturer or dealer is transacted.

(t) “Highway.’’—Every way or place of whatever nature open
to the use of the public for purposes of vehicular travel.

(u) ‘‘Department.’’—The motor vehicle department of this State
acting directly or through its du’y authorized officers and agents.

S (v) ‘‘Commissioner.’’-—The motor vehicle commissioner of this
tate.

Section 1. The office of motor vehicle commissioner is hereby
continued. The commissioner: shall be quadrennially elected by the
joint vote of the two houses of the general assembly; provided, how-
ever, that the motor vehicle commissioner who may be in office when
this act takes effect shall continue therein until the expiration of his
term unless sooner removed. The commissioner shall receive such
salary as may be appropriated by law for the purpose. During the
recess of the general assembly the governor shal] have power to sus-
pend from office the commissioner for misbehavior, incapacity, neg-
lect of official duty, or acts performed without due authority of law,
but in case this power is exercised, the governor shall report to the
general assembly, at the next session thereof, the fact of such suspen-
sion and the cause therefor, whereupon the general assembly shall
determine whether such commissioner shall be restored or finally re-
moved; and the governor shall have power, during the recess of the
general assembly, to appoint a pro tempore successor to a commis-
sioner so suspended. Before entering upon the duties of his office, the
commissioner shall enter into bond, with some solvent guaranty com-
pany as surety, to be approved by the governor, in the penalty of one
hundred thousand dollars, with condition to faithfully discharge his
duties and account for and pay over monthly all money that may
come into his hands. The premium upon such bond shall be paid
by the Commonwealth.

Section 2. Duties of department and commissioner.—(a) It
shall be the duty of the department and all officers thereof to observe
and enforce the provisions of this act.

(b) The motor vehicle commissioner is hereby authorized to adopt
and enforce such administrative rules and regulations and to appoint
such agencies as may be necessary to carry out the provisions of this
act. He shall also provide suitable-forms for applications, certificates
of titles and registration cards, license number plates and chauffeur’s
ncenses and badges, and all other forms requisite for the purpose of
tnis act.

(c) The provisions of any or all of the motor vehicle laws of the
State of Virginia shall be enforced by the motor vehicle commissioner,
or any of his deputies, inspectors, or civilian appointees, who shall be in
complete uniform, or shall display his badge or other sign of authority.

Every county, city, town or other political subdivision of the
State may also enforce the provisions of the motor vehicle laws of
the State of Virginia through the agency of any constable, peace or
police officer, sheriff or deputy, provided that such officer shall be
completely uniformed at the time of such enforcement or, shall dis-
play his badge or other sign of authority, and with the further pro-
vision that all officers making arrests incident to the enforcement of
the motor vehicle laws of this State shall be paid fixed and determined
salaries for their services, and shall have no interest in, nor be per-
mitted by law to accept the benefit of any fine or fee resulting from
the conviction of an offender against any provision of the motor ve-
hicle laws of the State of Virginia.

(d) It shall be the duty of every operator of every motor vehicle
to stop upon the request or signal of an uniformed officer, or upon the
display of the badge of authority should the officer not be in uniform,
and each operator shall reply to such questions concerning his acts,
or permit such inspection of his vehicle or equipment, or shall display
his license to operate his vehicle whenever requested by the officer
stopping or signalling him, and no such operator or a motor vehicle
shall be required to obey the signal of any person not in uniform or
not displaying a badge of authority.

Section 3. Offices of department.—(a) The motor vehicle com-
missioner shall maintain his principal office in the city of Richmond
and shall maintain branch offices in such other places in the State as
he shall deem necessary properly to carry out the provisions of this
act and all other motor vehicles laws.

(b) The commissioner of motor vehicles and his assistants sev-
erally are hereby vested with the powers of a sheriff for the purpose
of enforcing the laws of this State concerning motor vehicles and the
taxes on motor vehicle fuels, and it shall be the duty of such officer
and his assistants to use their best efforts to enforce the same; but
nothing in. this section shall be construed as relieving any sheriff, con-
stable, commissioner of the revenue or police officer from the duty
of aidng and assisting in the enforcement of such laws.

(c) All moneys accruing to the department under this act shall
be paid into the State treasury in full, and all expenses incident to
the maintenance of the department and the proper enforcement of
this act shall be paid by the State treasurer upon receipt of the proper
authorization by the commissioner of motor vehicles.

(d) The treasurer of each county, except the counties of Henrico,
and Chesterfield, or a county wherein there is a branch office of the
motor vehicle commissioner, shall act as the agent of the commis-
sioner in receiving applications for the registration of titles of motor
vehicles, the issuance of number or license plates for vehicles, in the
issuance of chauffeurs’ licenses.

(e) Each such agent shall be bonded in a satisfactory amount and
shall remit to the commissioner at the close of each week all monies
collected hereunder, together with a complete record of what such re-
mittance is intended to cover. Each treasurer shall be paid for the
sale of each set of number plates, not exceeding the sum of twenty-
five cents, and for each chauffeur’s license issued not exceeding the
sum of ten cents, which sum shall be paid by the commissioner out of
the receipts received from the issuance of licenses. The persons pay-
ing the license shall pay no premium for such service.

(f) If his office be not salaried, the sum so deducted shall belong
to the treasurer as compensation for his services under this section,
but from such compensation he shall pay all freight, cartage and post-
age, and any extra clerk hire or other office expense occasioned by
such duties. In any county in which such office is a salaried one the
sums so deducted shall belong to the treasury of the county or city
and the county or city shall pay such charges, including freight, cart-
age, postage and extra clerk hire occasioned by such duties.

(¢) Within twelve months next following the date that this act
shall become effective the commissioner may establish branch offices
in each city within the State with a population of one hundred and
fifty thousand or more, and in each county where the county shall
have a population one hundred and fifty thousand or more, in-
clusive of the incorporated towns and cities, and in such other places
as he may deem proper and necessary and wherein an applicant for
the operation of such branch shall be satisfactory to the commissioner.

And when such branch offices are established a deputy motor ve-
hicle commissioner shall be placed in charge thereof, who shall be
properly bonded, and whose sole and only compensation for his ser-
vices and for the expenses incident to the maintenance of the branch
office shall be the amount of fees authorized under this section to be
paid to county or city treasurers.

Section 4. Records of department —AIll registrations and license
records in the offices of the department shall be public records, but
shall be open for inspection only subject to such regulations as the
commissioner may adopt.

“The motor vehicle commissioner shall, as of February first of
each year, and as soon thereafter as possible, but in no case later than
April first, certify from his records, to the proper commissioner of
the revenue the name and address of the owner of each motor vehicle
in his city or county, and the name, model, type, horsepower and
weight of each of the said motor vehicles.

“Tt shall be the duty of the commissioner of the revenue to assess
for taxation as tangible personal property as now required by law each
motor vehicle shown by the statement certified to him as aforesaid
and liable for taxation as tangible personal property.”’

Section 5. Posting of records.—The department, as often as
practicable but at least once each month, shall either publish or post
upon public bulletin boards in each of its ‘offices a record of stolen ve-
hicles and shall furnish copies of such records to the police depart-
ments and sheriffs’ offices throughout the State.

Section 6. Accident statistics—(a) The department shall pre-
pare and supply to police and sheriff’s offices and other suitable agen-
cies forms for accident reports calling for sufficient detailed informa-
tion to disclose with reference to a highway accident the cause, con-
ditions then existing and the persons and vehicles involved.

(b) The department shall receive accident reports required to be
made under this act and shall tabulate and analyze such reports and
publish annually or at more frequent intervals statistical information
based thereon as to the number, cause and location of highway acci-
dents.

TITLE I.—REGISTRATION AND CERTIFICATES OF
, TITLE OF MOTOR VEHICLES, TRAILERS
AND SEMI-TRAILERS.

Section 7. Owner to secure registration and certificate of title.—
(a) Every person or corporation and express, telegraph or telephone
company owning a motor vehicle, trailer or semi-trailer intended to
be operated upon any highway in this State shall before the same 1s
so operated apply to the department for and obtain the registration
thereof and a certificate of title therefor except as otherwise provided
for in this section and except the owner of any vehicle which is ex-
empted by section eight and excepting also when an owner is per-
mitted to operate a vehicle under the registration provisions relating
to manufacturers, dealers and non-residents contained in sections
eighteen and twenty of this act.

(b) The department may make and enforce regulations providing
that upon proper application for a certificate of title and the regis-
tration of a vehicle either new or after a transfer such vehicle may be
operated upon the highway under a temporary permit issued by the
department or a duplicate application carried in the vehicle or when
purchased from a dealer then under dealers’ plates issued under sec-
tion eighteen of this act pending the granting or refusal of complete
registration, issuance of certificate of title and receipt of registration
number plates.

Section 8. Exempt from registration.—Farm tractors, road rollers
and road machinery used for highway purposes need not be registered
under this act. .

Section 9. Application for registration and certificate of title.—
(a) An owner shall make application upon appropriate forms fur-
nished by the department for registration, also for a certificate of
title. Said certificate shall be good for the life of the car so long as
the same is held or owned by the original owner of such certificate and
need not be renewed annually. The owner shall certify every appli-
cation for a certificate of title before a person authorized to administer
oaths, and officers and employees of the department are hereby auth-
orized to administer oaths for the purpose of this act and it is their
duty to do so without fee.

(b) Every application for a certificate of t tle shall contain a
statement of the applicant’s title and of all liens or encumbrances upon
said vehicle and the names and addresses of all persons having any in-
terest therein and the nature of every such interest. ,

(c) Every application for a certificate of title shall contain a
brief description of the vehicle to be registered, including the name of
the maker, the engine or serial number and upon the registration of a
new vehicle, the date of sale by the manufacturer or dealer to the
person first operating such vehicle. The application shall contain
such other information as may be required by the department.

(d) In the event that the vehicle for which the registration of a
certificate of title is applied is a specially constructed, reconstructed
or foreign vehicle, such fact shall be stated in the application, and with
reference to every foreign vehicle which has been registered thereto-
fore outside of this State, the owner shall exhibit to the department
the certificate of title and registration card or other evidence of such
former registration as may be in the applicant’s possession or contro
or such other evidence as will satisfy the department that the appli.
cant is the lawful owner or possessor of such vehicle.

Section 10. Register of applicants to be kept by department.—
The department shall file each application received, and when satis
fied as to the genuineness and regularity thereof, and that the appli.
cant is entitled thereto shall register the vehicle therein described anc
the owner thereof in suitable books or on index cards as follows:

(1) Under a distinctive registration number assigned to the ve
hicle and to the owner thereof hereinafter referred to as theregistration
number;

(2) Alphabetically under the name of the owner;

* (3) Numerically and alphabetically under the engine and serial
number and name of the vehicle.

Section 11. Registration cards and certificates of title—(a) The
department upon registering a vehicle and receiving an application
for a certificate of title therefor shall issue to the owner a registration
card and a certificate of title therefor as separate documents. An
owner upon receiving a registration card shall sign the usual signature
or name of such owner with pen and ink in the space provided upon
the face of such card.

(b) Liens or encumbrances placed on motor vehicles after the
original issue of title to the owner must be shown on said certificates
of title. In such cases, the owner shall file application with the motor
vehicle commissioner, on a blank furnished for that purpose, setting
forth the said lien or liens and such information in connection there-
with as the said commissioner may deem necessary, and the commis-
sioner, if satisfied that it is proper that the same be recorded, and upon
surrender of the title covering said motor vehicle, shall thereupon issue
a new certificate of title showing said liens or encumbrances in the
order of their priority, said priority being according to the date of the
filing of said application for same. Said certificate of title of such
motor vehicle shall be delivered to the person, firm or corporation
holding the first lien or encumbrance upon said motor vehicle and re-
tained by him or them until the entire amount of his or their lien is
fully paid by the owner of said vehicle, when the same shall be deliv-
ered to the next lien holder, and so on and if none, then to the owner
of said motor vehicle. Said certificate of title, when issued by the
motor vehicle commissioner showing a lien or encumbrance, shall be
deemed adequate notice to the Commonwealth, creditors and pur-
chasers that a lien against the motor vehicle exists and the recording
of such reservation of title, lien or encumbrance in the county or city
wherein the purchaser or debtor resides or elsewhere is not necessary
and shall not be required, and motor vehicles registered under this
act shall not be subject to, but shall be exempt from the provisions of
section fifty-two hundred and twenty-four of the Code of Virginia,
as amended, “‘nor shall recordation of such lien in any other place for
any other purpose be required if properly recorded in accordance with
this act.”” The charge for each original certificate of title so issued
and registration of such motor vehicle shall be one dollar and the liens
shown upon such certificate shall have priority over any other liens
against such vehicle, however created and recorded.

(c) The registration card and the certificate of title shall each
contain upon the face thereof the date issued, the registration number
assigned to the owner and to the vehicle, the name and address of the
owner, also a description of the registered vehicle, and such other
statement of facts as may be determined by the department.

(d) The registration card shall contain upon the reverse side forms
for endorsement of the signature and notice to the department of a
transfer of the vehicle.
(e) The certificate of title shall contain a statement of the owner’s
title and of ‘all liens or encumbrances upon the vehicle therein de-
scribed and whether possession is held by the owner under a lease,
contract or conditional sale or other like agreement. The certificate
of title shall also contain upon the reverse side forms of assignment
of title or interest and warranty thereof with space for notation of
liens and encumbrances upon such vehicle at the time of a transfer.

(f) Every certificate of title issued hereunder shall be valid for
the life of the vehicle so long as the owner to whom the same is issued
shall retain legal title or right of possession of or to such vehicle, and
such certificates need not be renewed annually or at any other time
except upon a transfer of title or interest of the owner.

Section 12. Release of lien or encumbrance shown on certificate
of titl.—An owner upon securing the release of any lien or encum-
brance upon a vehicle and shown upon the certificate of title issued
therefor may exhibit the documents evidencing such release .and the
certificate of title to the department and the latter when satisfied as
to the genuineness and regularity thereof shall issue to such owner
either a new certificate of title in proper form or an indorsement or
rider showing the release of such lien or encumbrance which the de-
partment shall attach to the outstanding certificate of title.

Section 13. Registration card to be carried.—The registration
card issued for a vehicle required to be registered hereunder shall at
all times while the vehicle is being operated upon a highway within
this State be in the possession of the operator or chauffeur thereof and
subject to inspection by any peace officer.

Section 14. Number plates to be furnished by department.—
(a) The department shall also furnish to every owner whose vehicle
shall be registered one number plate for a motorcycle or semi-trailer
and two number plates for every other motor vehicle and trailer.

(b) Every number plate shall have displayed upon it the regis-
tration number assigned to the vehicle and to the owner thereof, also
the name of this State which may be abbreviated and the year number
for which it is issued. Such plate and the required letters and numer-
als thereon except the year number for which issued shall be of suff-
cient size to be plainly readable from a distance of one hundred feet
during daylight.

(c) Commissioner to certify to registration data——The motor
vehicle commissioner shall also upon request of any officer charged
with the enforcement of the motor vehicle laws of the State furnish a
certificate setting forth the said distinguishing number plate together
with the name and address of the owner, which said certificate shall
be prima facie evidence of the ownership of the said machine in any of
the courts of the Commonwealth.

Section 15. Display of plate.-—(a) Number plates assigned to a
trailer and to a motor vehicle other than a motorcycle shall be attached
thereto, one in front and the other in the rear. The number plate
assigned to a motorcycle or semi-trailer shall be attached to the rear
thereof. Number plates shall be so displayed during the current
registration year.
(b) An owner who sells or transfers a registered vehicle may have
the number plates and the registration number thereon .assigned to
another vehicle in his possession of the same or less weight upon pay-
ment of one dollar, which shall be the fee therefor, or to another ve-
hicle in possession of greater weight upon payment of the amount of
the difference in registration fee between the two vehicles. Such trans-
fer shall be in accordance with the rules and regulations of the depart-
ment. The purchaser of a vehicle bearing a registration number of
the current year may, with the consent of the previous owner, have
the registration number thereon assigned to him on payment of one
dollar which shall be the fee therefor. Such transfer shall be madé
in accordance with the rules and regulations of the department.

(c) Every number plate shall at all times be securely fastened to
the vehicle to which it is assigned so as to prevent the plate from
swinging and at a height not less than twelve inches from the ground,
measuring from the bottom of such plate, in a position to be clearly
visible, and shall be maintained free from foreign materials and in a
condition to be clearly legible.

Section 16. Renewal of registration.—(a) Every vehicle registra-
tion under this act shall expire December thirty-first of each year and
shall be renewed annually upon application by the owner and by pay-
ment of the fees required by law, such renewal to take effect on the
first day of January each year.

(b) An owner who has made proper application for renewal of
registration of a vehicle prior to January first, but who has not re-
ceived the number plates, plate or registration card for the ensuing
year shall be entitled to operate or permit the operation of such ve-
hicle upon the highways upon displaying thereon the number plates
or plate issued for the preceding year for such time to be prescribed
by the department as it may find necessary for issuance of such new
plate.

Section 17. Transfer of title or interest—(a) The owner of a
vehicle registered under the foregoing provisions of this act trans-
ferring or assigning his title or interest thereto shall endorse the name
and address of the transferee upon the reverse side of the registration
card issued for such vehicle and within five days shall forward such
card to the department. The owner shall also endorse an assignment
and warranty of title upon the reverse side of the certificate of title
of such vehicle with a statement of all liens or encumbrances thereon,
shall acknowledge his signature thereto before a person authorized
to administer oaths and shall deliver the certificate to the purchaser
or transferee at the time of delivering the vehicle.

(b) The transferee shall thereupon write his name and address
with pen and ink upon the certificate of title, and except as provided
in the next sub-division of this section shall within five days forward
such certificate to the department with an application for the regis-
tration of such vehicle and for a certificate of title.

(c) When the transferee of such a vehicle is a dealer who holds
the same for re-sale and operates the same only for purposes of demon-
stration under a dealer’s number plate or when the transferee does
not drive such vehicle nor permit such vehicle to be driven upon the
highways, such transferee shall not be required to register such ve-
hicle nor forward the certificate of title to the department, as pro-
vided in the preceding paragraph, but such transferee upon trans-
ferring his title or interest to another person shall give notice of such
transfer to the department and shall endorse and acknowledge an
assignment and warranty of title upon such certificate and deliver
the same to the person to whom such transfer is made.

(d) The department, upon receipt of a certificate of title properly
assigned and acknowledged, accompanied by an application for regis-
tration, shall register the vehicle therein described and shall issue to
the person entitled thereto by reason of such transfer a new registra-
tion card, number plate or plates and certificate of title in the manner
and form hereinbefore provided for original registration.

(e) Whenever the applicant for the registration of a vehicle or a
new certificate of title thereto is unable to present a certificate of
title thereto by reason of the same being lost or unlawfully detained
by one in possession, or the same is not otherwise available, the de-
partment is hereby authorized to receive such application and to
examine into the circumstances of the case and may require the filing
of affidavits or other information, and when the department is satis-
fied that the applicant is entitled thereto is hereby authorized to regis-
ter such vehicle and issue a new registration card, number plate or
plates and certificate of title to the person entitled thereto.

(f) In the event of the transfer by operation of law of the title
or interest of an owner in and to a vehicle registered under the pro-
visions of this act, as upon inheritance, devise or bequest, order in
bankruptcy or insolvency, execution sale, repossession upon default
in performing the terms of a lease or executory sales contract or other-
wise than by the voluntary act of the person whose title or interest is
so transferred, the tranferee or his legal representative shall make
application to the department for a certificate of title therefor, giving
the name and address of the person entitled thereto, and accompany
such application with the registration card and certificate of title
previously issued for the vehicle, if available, together with such in-
struments or documents of authority, or certified copies thereof, as
may be required by law to evidence or effect a transfer of title or in-
terest in or to chattels in such case. The department, when satisfied
of the genuineness and regularity of such transfer, shall cancel the
registration of such vehicle and issue a new certificate of title therefor
to the person entitled thereto. The transferee may also apply for and
obtain the registration of such vehicle.

Section 18. Registration by manufacturers and dealers.—(a) A
manufacturer of or dealer in motor vehicle, trailers or semi-trailers,
owning and operating any such vehicles upon any highway in lieu of
registering each such vehicle, may obtain from the department, upon
application therefor, upon the proper official form and payment of
the fees required by law and attach to each such vehicle one or dupli-
cate license plates, as required for different classes of vehicles by sec-
tion fourteen (a), which plate or set of plates shall each bear thereon
a distinctive number, also the name of this State, which may be ab-
breviated, and the year for which issued, together with the word
“dealer’’ or a distinguishing symbol indicating that such plate or
plates are issued to a manufacturer or dealer, and any plates so issued
may, during the calendar year for which issued, be transferred from
one such vehicle to another owned or operated by such manufacturer
or dealer who shall keep a written record of the vehicles upon which
such dealers’ number plates are used, which record shall be open to
inspection by any police officer or any officer or employee of the de-
partment.

(b) Every manufacturer of or dealer in motor vehicles, trailers
or semi-trailers shall obtain and havé in possession a certificate of
title issued by the department to such manufacturer or dealer, or to
the immediate vendor of such manufacturer or dealer for each motor
vehicle, trailer and semi-trailer owned and operated upon the high-
ways by-such manufacturer or dealer, except that a certificate of title
shall not be required for any new vehicle to be sold as such by a manu-
facturer or dealer.

(c) No manufacturer of or dealer in motor vehicles, trailers or
semi-trailers shall cause or permit any such vehicle owned by such
person to be operated or moved upon a public highway without there
being displayed upon such vehicle a number plate or plates issued to
such person, either under section fourteen or under this section ex-
cept as otherwise authorized in sub-division (d) or (e) of this section.

(d) Any manufacturer of motor vehicles, trailers or semi-trailers
may operate or move or cause to be moved or operated upon the high-
ways for a distance of not exceeding twenty-five miles any such ve-
hicles from the factory where manufactured to a railway depot, vessel
or place of shipment or delivery, without registering the same and
without number plates attached thereto under a written permit first
obtained from the local police authorities having jurisdiction over
such highways and upon displaying in plain sight upon each such ve-
hicle a placard bearing the name and address of the manufacturer
authorizing or directing such movement.

(e) Any dealer in motor vehicles, trailers or semi-trailers may
operate or move, or cause to be operated or moved, any such vehicle
upon the highways for a distance of not exceeding twenty-five miles
from a vessel, railway depot, warehouse or any place of shipment to
a sales room, warehouse or place of shipment, or trans-shipment with-
out registering such vehicle and without number plates attached
thereto, under a written permit first obtained from the local police
authorities having jurisdiction over such highways and upon display-
ing in plain sight upon each such vehicle a placard bearing the name
and address of the dealer authorizing or directing such movement.

Section 19. Manufacturer or dealer to give notice of sale and
transfer—Every manufacturer or dealer, upon transferring a motor
vehicle, trailer or semi-trailer, whether by sale, lease or otherwise,
to any person other than a manufacturer or dealer, shall immediately
give notice of such transfer to the department upon the official form
provided by the department. Every such notice shall contain the
date of such transfer, the names and addresses of the transferer and
transferee and such description of the vehicle as may be called for in
the official form.

Section 191%. Chauffeurs’ license; how obtained; form of li-
cense.—Any person other than the owner of a motor vehicle which
has been registered and licensed to be operated in this State, whose
principal duty or occupation is the driving of a motor vehicle for com-
pensation, and every person who drives a motor vehicle while in use
as a public or common carrier of persons or property before he shall
operate a motor vehicle in this State shall first take out a chauffeur’s
license. The applicant shall make application to the motor vehicle
commissioner, which application shall give the name of the applicant,
his residence, postoffice address, age and experience in operating ma-
chines, and shall be sworn to before some officer authorized to admin-
ister oaths. There shall be appended to such application a statement
by two reputable citizens, that the applicant is a fit person and is
competent to operate a machine.

On the payment of five dollars ($5.00), the motor vehicle commis-
sioner shall issue to such applicant a license and badge, which ‘license
and badge shall be carried by the chauffeur at all times while oper-
ating a machine, 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 form of license shall be prescribed by the motor vehicle commis-
sioner.

Section 20. Registration by non-residents.—(a) A non-resident
owner, except as otherwise provided in this section, owning any for-
eign vehicle which has been duly registered for the current calendar
year in the State, county or other place of which the owner is a resi-
dent and which at all times when operated in this State has displayed
upon it the number plate or plates issued for such vehicle in the place
of residence of such owner may operate or permit the operation of
such vehicle within this State without registering such vehicle or
paying any fees to this State.

(b) A non-resident owner of a foreign vehicle operated within
this State for the transportation of persons or property for compen-
sation, either regularly according to a schedule or for a consecutive
period exceeding thirty days, shall register such vehicle and pay the
same fees therefor as is required with reference to like vehicles owned
by residents of this State.

(c) Every non-resident, including any foreign corporation carry-
ing on business within this State and owning and regularly operating
in such business any motor vehicle, trailer or semi-trailer within this
State, shall be required to register each such vehicle and pay the same
fees therefor as is required with reference to like vehicles owned by
residents of this State.

Section 21. Lost certificates or number plates; duplicates to be ob-
tained.—In the event that any number plate, registration card or cer-
tificate of title issued hereunder shall be lost, mutilated, or shall have
become illegible, the person who is entitled thereto shall make immedi-
ate application for and obtain a duplicate or substitute certificate of
title therefor upon furnishing information of such fact satisfactory to
the department and upon payment of the required fee of fifty (50) cents
or for registration number plates upon payment of one ($1.00) dollar.

Section 22. Department authorized to assign new engine num-
ber.—The owner of a motor vehicle upon which the engine or serial
number has become illegible or has been removed or obliterated shall
immediately make application to the department for a new engine or
serial number for such motor vehicle. The department, when satis-
fied that the applicant is the lawful owner or possessor of the vehicle
referred to in the application, is hereby authorized to assign a new
engine or serial number thereto and shall require that such number,
together with the name of this State or a symbol indicating this State,
and the date of such assignment be stanped upon the engine, or in the
event such number 1s a serial number then upon such portion of the
motor vehicle as shall be designated by the department. Whenever
a new engine or serial number has been assigned to and stamped upon
a motor vehicle as provided for in this section, the department shall
insert such number upon the registration card and certificate of title
issued for such motor vehicle.

Section 23. Notice of theft or embezzlement.—Whenever the
owner of any motor vehicle, trailer or semi-trailer which is stolen or
embezzled, notifies the department of such theft or embezzlement,
provided in the event of an embezzlement the owner shall have first
procured a warrant for the arrest of the persons charged with such
embezzlement, the department shall immediately suspend the regis-
tration of such vehicle until such time as it shall be notified that the
owner has recovered such vehicle, but notices given as heretofore pro-
vided shall be effective only during the current registration year in
which given, but if during such year such vehicle is not recovered, a
new notice may be given with like effect during the ensuing year.
Every owner who has given a notice of theft or embezzlement must
immediately notify the department of the recovery of such vehicle.

Section 24. Altering or forging certificate of title a felony.—Any
person who shall alter with fraudulent intent any certificate of title or
registration card issued by the department, or forge or counterfeit any
certificate of title or registration card purporting to have been issued by
the department under the provisions of this act or who shall alter or
falsify with fraudulent intent or forge any assignment thereof, or who
shall hold or use any such certificate, registration card or assignment,
knowing the same to have been altered, forged, or falsified, shall be
guilty of a felony and upon conviction thereof shall be punished as
provided in section thirty-eight of this act.

REFUSAL OR CANCELLATION OF REGISTRATION AND
CERTIFICATES OF TITLE AND VIOLATIONS OF
PROVISIONS RELATING THERETO.

Section 25. When registration or certificate of title shall be re-
fused.—The department shall not grant an application for the regis-
tration of a vehicle or certificate of title therefor or an operator’s or
chauffeur’s license in any of the following events:
(a) When the applicant therefor is not entitled thereto under the
provisions of this act.

(b) When the applicant has neglected or refused to furnish the
department with the information required in the appropriate official
form or reasonable information required by the department.

(c) When the fees required therefor by law have not been paid.

Section 26. When registration shall be rescinded.—(a) The de-
partment shall rescind and cancel the registration of any vehicle which
the department shall determine it is unsafe or unfit to be operated or
is not equipped as required by law.

(b) The department shall rescind and cancel the registration of
a vehicle, or chauffeur’s license, whenever the person to whom the
registration card or registration number plates therefor or license has
been issued shall make or permit to be made an unlawful use of the
same or permit the use thereof by a person not entitled thereto.

Section 27. Violation of. registration provisions.—It shall be un-
lawful for any person to commit any of the following acts:

First. To operate or for the owner thereof to knowingly permit
the operation upon a highway of any motor vehicle, trailer or semi-
trailer which is not registered or for which a certificate of title has not
been issued or which does not have attached thereto and displayed
thereon the number plate or plates assigned thereto by the depart-
ment for the current registration year, subject to the exemptions men-
tioned in sections sixteen and eighteen of this act.

Second. To display, cause or permit to be displayed or to have
in possession any registration card, certificate of title or registration
number plate or chauffeur’s license, knowing the same to be fictitious
or to have been cancelled, revoked, suspended or altered.

Third. To lend or to knowingly permit the use by one not en-
titled thereto any registration card of registration number plate or
chauffeur’s license, issued to the person so lending or permitting the
use thereof.

Fourth. To fail or refuse to surrender to the department, upon
demand, any certificate of title or registration card or registration
number plate, or chauffeur’s license, which has been suspended, can-
celled or revoked as in this act provided.

Fifth. To use a false or fictitious name or address in any applica-
tion for the registration of any vehicle or for a certificate of title or
for chauffeur’s license, or for any renewal or duplicate thereof, or to
knowingly make a false statement or to knowlingly conceal a material
fact or otherwise commit a fraud in any such application.

Section 28. Making false affidavit, perjury—Any person who
shall knowingly make any false affidavit or shall knowingly swear or
affirm falsely to any matter or thing required by the terms of this act
to be sworn or affirmed to shall be guilty of perjury and upon convic-
tion shall be punishable by a fine and imprisonment as other persons
committing perjury are punishable.

TITLE IV.—REGISTRATION FEES, LICENSE AND
OTHER FEES.

Section 29. Registration fees —There shall be paid to the de-
partment for the registration of motor vehicles, trailers and semi-
trailers, fees according to the following schedule:

(a) The fee for certificate of title shall be one ($1.00) dollar.

(b) The fee for the certificate of registration and license: plates
to be paid by the owner of the machine shall be seventy cents per
hundred pounds of weight or major fraction thereof. Manufacturers’
shipping weights shall be used in determining the license fees herein
prescribed. All motor vehicles designed and used for the transpor-
tation of passengers shall be licensed according to weight. Provided
that no fee for an automobile shall be less than twelve and one-fourth
($12.25) dollars per year, and no fee for a motorcycle shall be less
than five ($5.00) per year and two ($2.00) dollars additional for side
car attached.

(c) The fee for a truck shall be based on the capacity of such truck
or trailer and shall be as follows: One ton or less capacity, fifteen
($15.00) dollars; one and one-half ton capacity, twenty ($20.00) dol-
lars; two ton capacity, thirty ($30.00) dollars; two and one-half ton
capacity, forty ($40.00) dollars; three ton capacity, sixty ($60.00)
dollars; three and one-half ton capacity, eighty ($80.00) dollars; four
ton capacity, one hundred and ten ($110.00) dollars; four and one-
half ton capacity, one hundred and fifty ($150.00) dollars; five ton
capacity, two hundred ($200.00) dollars. Tractors with trailers used
on the public roads shall be classed as trucks and shall pay the same
fees on tonnage of the trailers, and the fee for the trailers shall be ten
($10.00) dollars for the first ton capacity and three ($3.00) dollars
additional for each half ton or fraction thereof in excess of one ton.
License for hearse bearing ‘‘C’’ plate shall be fifteen dollars.

(d) Three-quarters of the license fee herein required to be paid
by the owner of a machine shall be collected whenever such license is
issued on or after the first day of May in any year.

One-half of the license fee herein required to be paid by the owner
of a machine shall be collected whenever such license is issued on or
after the first day of July in any year.

One-quarter of the license fee herein required to be paid by the
owner of a machine shall be collected whenever such license is issued
on or after the first day of October in any year.

These fees shall be paid to the motor vehicle commissioner who
shall issue certificates of registration and license and number plate as
provided for in this act.

(e) Incorporated towns and cities may levy or assess taxes or
charge license fees upon vehicles as heretofore, except that purely
local license fees which may be charged against any owner as a pre-
requisite to the operation of vehicles properly registered under this
act shall be for a calendar year and subject to proration for fractional
periods in the same manner as is prescribed in paragraph B hereof.

Every manufacturer, agent or dealer in machines, 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 motor ve-
hicle commissioner 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. On the payment of the fee of fifty
($50.00) 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 three sets of
number plates, and for each additional set in excess of three a fee of
fifteen ($15.00) dollars per set shall be paid, provided the fee for a
motorcycle dealer shall be twenty-five dollars for the first three sets
of plates and seven dollars for each additional set of plates.

It shall be unlawful for any such manufacturer, dealer, agent or
any other person to use such number plates other than on machines
used exclusively for sales purposes, and any violation of this section
shall be punished by a fine of not less than ten ($10.00) dollars and not
more than fifty ($50.00) dollars.

Section 30. Exempt from registration fees.—Nothing in this act
shall apply to the machines known as traction engines, or to any
locomotive engine, or electric cars running on rails.

Machines and ‘vehicles or other road or street equipment owned
by the State, counties and cities and used purely for State, county
and municipal purposes shall be required to register, but no fee shall
be collected for number plate and registration. Nothing contained
in this chapter shall affect the right of a person injured in his person
or property by the negligent operation of any machines to sue and
recover damages as heretofore.

Section 31. When fees delinquent; penalties—On and after Jan-
uary first in each and every year every dealer, owner or chauffeur,
who shall operate a vehicle over the highways of the State without
first obtaining from the motor vehicle commissioner a license to oper-
ate same, and display the license as provided by law, shall be guilty
of a misdemeanor and fined not less than five ($5.00) dollars nor more
than twenty ($20.00) dollars. Each day’s use of the machines with-
out a license shall constitute a separate offense..

Section 32. Disposition of registration fees.—All fees and licenses
collected by the provisions of this act shall be paid into the State treas-
ury and warrants for the expenditure of funds necessary for the proper
enforcement of the motor vehicle law shall be issued by the auditor
of public accounts upon certificates of the motor vehicle commissioner
of his representatives, designated by him, and bonded that the parties
are entitled thereto, and shall be paid by the State treasurer out of
the said funds, not exceeding the amount appropriated in the general
appropriation bill.

This fund, except as is otherwise provided in this section, shall con-
stitute a special fund to be expended under the direction of the chair-
man of the highway commission for the maintenance of roads and
bridges in the State highway system; provided, however, that the
State highway commission may in its discretion first set aside, out of
said funds each year, the amount in their judgment necessary for the
maintenance of the roads and bridges in the State highway system
and expend in their discretion the balance of said fund for construction
or reconstruction of roads and bridges in the State highway system
under the provisions of sections five, six, eight and nine, or any amend-
ments thereto, of chapter four hundred and three of the acts of the
general assembly of nineteen hundred and twenty-two, provided any
funds available for construction or reconstruction under the provisions
of this section shall be nearly as possible equitably apportioned by
the commission among the several construction districts; provided,
further, that no part of the said maintenance fund shall be expended
on toll roads so long as tolls are collected thereon.

The chairman of the highway commission is hereby authorized
to expend part of the funds which may be available for maintenance,
and of those that may be available for construction of roads in the
State highway system, for the maintenance, construction or recon-
struction of roads and bridges in the State highway system in incor-
porated towns of thirty-five hundred inhabitants or less, according to
the latest United States census, provided that no greater amount per
mile for maintenance, construction or reconstruction is expended
within the corporate limits of any town than the average amount
per mile expended for similar maintenance, construction or recon-
struction of roads in the State highway system for a distance of five
miles outside the corporate limits of such town on the road of which
part within the corporate limits is a section; but the chairman of the
State highway commission may in his discretion enter into agreements
with the corporate authorities of any such town, providing for the
construction ofa wider or more expensive type of road, or for additional
expenditure for adequate maintenance, provided that in such case
the amount of the cost of such construction, reconstruction or main-
tenance in excess of the amount which the chairman is authorized to
expend under the provisions hereof be borne by the town.

TITLE V.—UNLAWFUL TAKING, TRANSFER OF OR
INJURY TO VEHICLE.

Section 33. Driving vehicle without owner’s consent.—Any per-
son who shall drive a vehicle not his own, without the consent of the
owner thereof and in the absence of the owner, and with intent to
temporarily deprive the owner thereof of his possession of such ve-
hicle, without intent to steal the same, shall be guilty of a misde-
meanor. The consent of the owner of a vehicle to its taking or driv-
ing shall not in any case be presumed or implied because of such own-
er’s consent on a previous occasion to the taking or driving of such
vehicle by the same or a different person. Any person who assists
in, Or is a party or accessory to or an accomplice in, and any such
unauthorized taking or driving, shall also be guilty of a misdemeanor.

Section 34. Receiving or transferring stolen vehicles.—Any per-
son who with intent to procure or pass title to a motor vehicle which
he knows or has reason to believe has been stolen, shall receive or
transfer possession of the same from one to another, or who shall with
like intent have in his possession any motor vehicle which he knows
or has reason to believe has been stolen, and who is not an officer o!
the law engaged at the time in the performance of his duty as an
officer, shall be guilty of a felony and upon conviction shall be pun-
ished as provided in section thirty-eight of this act.
Section 35. Injuring vehicle——Any person who shall individually,
or in association with one or more others wilfully break, injure, tamper
with or remove any part or parts of any vehicle for the purpose of
injuring, defacing or destroying such vehicle, or temporarily or per-
manently preventing its useful operation, or for any purpose against
the will or without the consent of the owner of such vehicle, or who
shall in any other manner wilfully or maliciously interfere with or
prevent the running or operation of such vehicle, shall be guilty of a
misdemeanor.

Section 36. Tampering with vehicle—Any person who shall
without the consent of the owner or person in charge of a vehicle
climb into or upon such vehicle with the intent to commit any crime,
malicious mischief, or injury thereto, or who while a vehicle is at rest
and unattended shall attempt to manipulate any of the levers, and
starting crank or other device, brakes, or mechanism thereof or to
set said vehicle in motion, shall be guilty of a misdemeanor, except
that the foregoing provision shall not apply when any such act is
done in an emergency or in furtherance of public safety or by or under
the direction of an officer in the regulation of traffic or performance
of any other official duty.

TITLE VI.—PENALTY.

Section 37. Penalty for misdemeanor.—(a) It shall be unlawful
and constitute a misdemeanor for any person to violate any of the
provisions of this act unless such violation is by this act or other law
of this State declared to be a felony.

(b) Unless another penalty is in this act or by the laws of this
State. provided, every person convicted of a misdemeanor for the vio-
lation of any provision of this act shall be punished by a fine of not
more than five hundred dollars or by imprisonment in jail for not more
than six months, or by both such fine and imprisonment.

Section 38. Penalty for felony.—Any person who shall be con-
victed of a violation of any of the provisions of this act herein or by the
laws of this State declared to constitute a felony shall, unless a differ-
ent penalty is prescribed herein or by the laws of this State, be pun-
ished by imprisonment in the penitentiary for a term not less than
one year nor more than five years, or by a fine of not less than five
hundred dollars nor mere than five thousand dollars, or by both such
fine and imprisonment.

TITLE VII.—INTERPRETATION.

Section 39. Uniformity of interpretation.—This act shall be so
interpreted and construed as to effectuate its general purpose to make
uniform the law of this State in so far as it affects the regulation of
motor vehicles, trailers and semi-trailers, the issuance of certificates
of title, the taking of vehicles without the consent of their owners,
and the duties and powers of the commissioner of motor vehicles and
the establishment of branch offices by him, and shall supersede any
and all acts so far as are in conflict herewith, it being the purpose of
this act to repeal any statutory provisions now in force and in conflict
278 ACTS OF ASSEMBLY. [va.

herewith, “‘but nothing in this act shall be construed so as to repeal the
yeneral law as to larceny.”’

Section 40.—Short title-—This act may be cited as the Virginia
uniform motor vehicle registration and certificate of title act.

Section 41. Repeal.—The act to create the office of motor ve-
hicles commissioner; to provide for his election, and compensation
and to transfer from the secretary of the commonwealth to such com-
missioner all powers and duties heretofore conferred or imposed upon
the former by the laws concerning motor vehicles and the taxes on
motor vehicle fuels, and to invest the commissioner and his assistants
with the powers of a sheriff for the purpose of enforcing such laws as
approved by the general assembly March fourth, nineteen hundred
and twenty-four, and the act to protect the title of motor vehicles
within this State; to provide for the issuance of certificates of title and
evidence of registration thereof; to regulate purchase and sale or other
transfer of ownership; to provide that registration of certificates of
title shall be notice to subsequent purchasers; to facilitate the re-
covery of motor vehicles stolen or otherwise unlawfully taken; to
provide for the regulation and licensing of certain dealers in used and
second-hand vehicles as herein defined; to prescribe the powers and
duties of the motor vehicle commissioner hereunder and to provide
penalties for violations of the provisions hereof; and to repeal an act
entitled an act to provide for the recordation of titles to motor ve-
hicles and the identification of the same; to regulate the purchase,
sale, storage and repair of motor vehicles; declaring the theft of motor
vehicles to be a felony and to prescribe penalties for violation of the
act and repealing act approved September ninth, nineteen hundred
and nineteen, and all other parts of acts in conflict herewith as ap-
proved by the general assembly March twentieth, nineteen hundred
and twenty-four, and all other acts or parts of acts inconsistent with
the provisions of this act are hereby repealed.

Section 42. Constitutionality.—If any part or parts, section, sub-
section, sentence, clause, or phrase of this act is fer any reason de-
clared unconstitutional, such decision shall not affect the validity of
the remaining portions of this act.