An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1928 |
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Law Number | 399 |
Subjects |
Law Body
Chap. 399.—An ACT to amend and re-enact sections 17, 18, 21, 25, 34, 39, 42,
56%2, and 73 of chapter 474 of the acts of 1926, entitled an act to regulate the
operation of vehicles on, public highways, to govern and protect pedestrians
while using such highways, to provide penalties for violating the provisions
of this act and the disposition of fines and forfeitures collected hereunder, to
make uniform the law relating to the subject matter of this act, and to repeal
all acts or parts of acts inconsistent with the provisions of this act, approved
March 25, 1926, and to repeal section 57 of said chapter 474 of the acts of
1926, approved March 25, 1926. [H B 261]
Approved March 23, 1928
1. Be it enacted by the general assembly of Virginia, that sections
seventeen, eighteen, twenty-one, twenty-five, thirty-four, thirty-nine,
forty-two and seventy-three of chapter four hundred and _ seventy-
four of the acts of nineteen hundred and twenty-six, entitled an act
to regulate the operation of vehicles on public highways, to govern
and protect pedestrians while using such highways, to provide penalties
for violating the provisions of this act and the disposition of fines and
forfeitures collected hereunder, to make uniform the law relating to
the subject matter of this act, and to repeal all acts or parts of acts
inconsistent with the provisions of this act, approved March twenty-
fifth, nineteen hundred and twenty-six, be amended and re-enacted so
as to read as follows:
Section 17. Turning at intersection. (a) Drivers of vehicles, when
to the right, shall keep as closely as practicable to the right-hand curb
or edge of any highway, and, when turning to the left, shall pass be-
yond the center of the intersection, as closely as practicable to the
right thereof before turning such vehicle to the left; and, when in any
city, town or village, shall keep as closely as practicable to the right-
hand curb or edge of the street, and shall turn the corner at a rate of
speed not to exceed ten miles per hour.
For the purpose of this section the center of the intersection shall
mean the meeting point of the medial lines of the highways intersecting
one another.
(b) Local authorities in their respective jurisdiction may modify
the foregoing method of turning at intersections by clearly indicating
by buttons, markers or other direction signs within an intersection the
course to be followed by vehicles turning thereat, and it shall be un-
lawful for any driver to fail to turn in a manner as so directed when
such direction signs are authorized by local authorities.
Section 18. Signals on starting, stopping or turning. (a). The
driver of any vehicle upon a highway before starting, stopping or
turning from a direct line shall first see that such movement can be
made in safety and whenever the operation of any other vehicle may
be affected by such movement shall give a signal as required in this
section plainly visible to the driver of such other vehicle of his inten-
tion to make such movement. And all signals given or made as herein
required shall be given only by the driver, and shall be given regardless
of whether there is, or is not, in front, behind, or abreast the vehicle
intended to be started, stopped or turned, any other vehicle.
(b). The signal herein required shall be given by means of the
hand and arm in the manner herein specified except when a vehicle is
so constructed or loaded as to prevent the hand and arm signal from
being visible both to the front and rear in which event, the signal shall
be given by a device of a type which has been approved by the depart-
ment.
Whenever the signal is given by means of the hand and arm, the
driver shall indicate his intention to start, stop, or turn or partly turn
by extending the hand and arm from and beyond the left side of the
vehicle, in the manner following:
(c). For left turn, or to pull to the left, the arm shall be extended
in a horizontal position straight from and level with the shoulder.
(d). For right turn, or to pull to the right, the arm shall be ex-
tended upward.
(e). For slowing down or to stop, the arm shall be extended down-
ward. ,
(f). Such signals shall be given at least fifty (50) feet before
slowing down, stopping, turning, partly turning, or materially altering
the course of the vehicle, and the presence and use of a “stop light,”
or other electrical indication, not plainly simulating the hand and arm
signals provided herein, shall not relieve the driver of the necessity
for the use of and the giving of the signals herein contained.
(g). Drivers having once given a hand signal must continue the
course thus indicated unless they alter the original signal and take
care that drivers of vehicles and pedestrians have seen and are aware
of the change.
(h). Drivers receiving a signal from another driver shall keep
their vehicles under complete control, and shall be able to avoid an
accident resulting from a misunderstandng of such signal.
(i). Drivers of vehicles, standing or stopped at the curb or edge
before moving such vehicles, shall give signals of their intention to
move into traffic.
Section 21. All vehicles, when entering a highway, which is a part
of the State highway system, from the side thereof, shall do so at a
rate of speed not to exceed five miles per hour.
Section 25. (a). No vehicle shall be stopped in such manner as
to impede or interefere with or render dangerous the use of the high-
way by others; and, except upon one way streets, as provided in this
article, no vehicle shall be stopped except close to the right hand curb.
(b). No person shall leave standing any vehicle, attended or unat-
tended, upon the paved, improved or main traveled portion of any
highway, outside of a business or residence district, when it is practi-
cable to leave such vehicle standing off of the paved, improved or main
traveled portion of such highway.
(c). No vehicle shall be stopped with its left side to the curb, ex-
cept upon one-way streets.
(d). No vehicle shall be backed up to a curb, except during the
time actually engaged in loading or unloading merchandise therefrom.
(e). Unless in an emergency or to allow another vehicle or pedes-
trians to cross in front, no vehicle shall be stopped in any street ex-
cept close to and parallel with the curb, and in no instance shall such
vehicles be parked less than four feet apart, nor with the near wheels
further than six inches from the curb.
(f). Vehicles shall not be stopped in such manner as to block or
obstruct the orderly and lawful passage of other traffic, nor upon any
crossing nor between a safety zone and curb, nor within fifteen feet
of the ends of any obstruction opposite the vehicle. Vehicles stopped
two or more abreast, parallel with the curb, shall be deemed to obstruct
traffic, and in violation hereof.
(g). Stopping a vehicle at any time, upon any highway, for the
purpose of advertising any article of any kind, or displaying there-
upon advertisements of any article, or advertisement for sale of the
vehicle itself, is prohibited.
(h). However, if any officer charged with the enforcement of this
act shall find a vehicle standing upon a highway in violation of the
provisions of this section, he is hereby authorized to move or cause
such vehicle to be moved.
(1). The ‘driver of any vehicle which is temporarily disabled
while on the paved surface of a highway shall remove same as expe-
ditiously as conditions and circumstances may permit.
(j). No load of logs, timber, lumber or any long and heavy sub-
stance made up of two or more pieces of any material shall be hauled
on the public roads or highways of this State, in wagons, trucks, or
other vehicles, unless securely bound together, at both ends, with
chains or cables of sufficient length and strength to hold them securely
so as to prevent separation of the several parts of such load, provided,
however, that lumber of less than twenty feet only one chain or cable
shall be required to bind or tie the same. Such loads shall be securely
fastened to or upon such wagon, truck, or other vehicle, so as to pre-
vent slipping and falling therefrom.
Section 34. Powers of local authorities—Local authorities except
as expressly authorized by sections three and twenty-one shall have
no power or authority to decrease any speed limitation declared in
this act or to enact or enforce any rule or regulations contrary to the
provisions of this act, except that local authorities shall have power
to provide by ordinance for the regulation of traffic by means of traffic
officers or semaphores or other signalling devices on any portion of the
highway where traffic is heavy or continuous, or where in their judg-
ment conditions may require, and may prohibit other than one way
traffic upon certain highways and may regulate the use of the high-
ways by processions of assemblages.
Local authorities may also, when and where conditions require:
(a). Adopt any such regulations not in conflict with the provisions
of this act, as the proper local authority shall deem advisable and
necessary ; and repeal, amend or modify any such regulation; provided,
however, that such regulations, laws, or rules shall not be deemed to
be violated if, at the time of the alleged violation, the designation
placed in conformity with this paragraph was missing, effaced, muti-
lated, or defaced, so that an ordinary observant person, under the
Same circumstances would not be apprised of or aware of the exist-
ence of such rule. Such authorities may also, when and where con-
ditions require, enact ordinances, or adopt police regulations, requiring
all vehicles to come to a full stop at any street intersection other than
a street which has been designated for service of through traffic in
connection with the State highway system.
(b). Officers of the law, authorized or permitted under this act,
shall by voice, hand or signal, direct all traffic, but shall not forbid or
prevent any one from proceeding or standing in a manner permitted
or required by law.
(c). Signals by traffic officers. Signals by traffic officers shall be
as follows:
(1). By hand, to stop traffic, stand with shoulders parallel with
moving traffic, and with arm raised forty-five degrees above shoulder
toward moving lines of traffic, hand extended, palm toward traffic to
be stopped. Repeat movement with other hand to stop traffic in op-
posite direction.
By hand, to move traffic, stand so that shoulders are parallel to
line of trafic to be moved. Extended right arm and hand full length,
height of shoulder toward said traffic, fingers extended and joined,
palm downward, bring hand sharply in direction traffic is to move.
Face about and repeat the same movement to move traffic proceeding
from opposite direction.
(2). By whistle, one blast—moving traffic to stop;
Two blasts—traffic in opposite direction to move;
Three or more short blasts—to warn of approach of fire apparatus,
or of an emergency, when all traffic shall immediately clear the inter-
section and stop.
By lights or semaphores:
Red indicates that traffic then moving shall stop and remain stopped
as long as the red signal is shown.
Green indicates that traffic shall then move in the direction of the
signal, and remain in motion as long as the green signal is given.
Amber indicates that a change is about to be made in the directions
of the movement of traffic. When the amber signal is shown traffic
which has not already entered the intersection, including the cross-
walks, shall stop, but, that which has entered the intersection shall
continue to move until the intersection has been entirely cleared.
When semaphores not in operation the use of an amber light indi-
cates need for caution.
Section 39. Weight of vehicles and loads——No vehicle shall be
drawn or propelled over any of the public highways within this State,
the wheel load of which shall exceed eight thousand pounds per wheel,
or having a weight exceeding six hundred and fifty pounds per inch,
width of tires, measured in contact with the surface of the highway.
No vehicle or combination of vehicles shall carry a gross weight, in-
cluding weight of vehicle and load, exceeding forty thousand pounds,
nor the wheel load weight or per inch width of tire exceed that speci-
fied above; and provided, further, that no vehicle shall cross any bridge
or culvert within this State where the gross load is greater than the
amount posted on the bridge or culvert as its carrying capacity. Any
violation of this section shall constitute a misdemeanor and shall be
punished as provided in section sixty-six of this act.
Section 42. When the State highway commission and the local
authorities may decrease the weight limits—The State highway com-
mission where State highways are concerned, and the local authorities,
where the roads are under their jurisdiction, may adopt rules and
regulations or pass ordinances, as the -case may be, decreasing the
weight and load limit specified in section thirty-nine for a total period
not to exceed ninety days in any calendar year, when operation over
roads or highways by reason of deterioration, rain, snow or other
climatic conditions, will seriously damage such highways unless such
weights are reduced. The State highway commission or local author-
ities executing any such ordinance or regulation shall cause to be
erected, signs stating the weight specified in such ordinance or regu-
lation at each end of the section of highway affected and no such ordi-
nance or regulation shall be effective until such signs are erected. Any
violation of such rules and regulations or such ordinances shall consti-
tute a misdemeanor and shall in either case be subject to the same
punishment provided by section sixty-six of this act whether the prose-
cution be for a violation of a rule and regulation of the State highway
commission or of a rule and regulation or ordinance of a board of
supervisors.
Section 56%. No motor vehicle shall be operated over the roads
of this State unless equipped with some device, if obtainable, which
will effectively prevent glare. No device designed or intended to
eliminate glare shall be used in headlamps on any motor vehicle unless
the same has been previously approved by the director of the division
of motor vehicles. The director shall not approve any device intended
to prevent glare unless and until he has caused the device to be tested
by some recognized electrical testing laboratory, especially equipped to
make such tests. The director shall not approve any device which in
any way fastens to the bulb or to the bulb socket.
Section 73. Pedestrians. (a). The roadbeds of highways within
cities and towns are primarily intended for vehicles, but pedestrians
have the right to cross them in safety, and drivers of street cars and
vehicles shall exercise proper care not to interfere with such rights
nor to injure them or their property.
(b). When crossing highways or streets within incorporated towns
or cities, pedestrians shall not carelessly or maliciously interfere with
the orderly passage of vehicles and shall cross wherever possible only
at intersections or cross-walks. Pedestrians in crossing any street at
intersection with another street, shall at all times have the right of way
over vehicles making right turns into street being crossed by such
pedestrians.
(c). At such intersection where no traffic officer is on duty pedes-
trians shall have the right of way over vehicles.
(d). This shall not entitle the pedestrian to enter or cross the inter-
section regardless of approaching traffic, but shall be interpreted to
require vehicles to change their course, slow down, or come to a com-
plete stop if necessary to pernut pedestrans to safely and expeditiously
negotiate the crossing.
(e) Pedestrian shall cross only at right angles, and shall not
cross highways diagonally; nor, except to board a street car, or to
enter a safety zone at right angles, shall they step into that portion of
the highway open to moving trafhc, at any point between intersections
where their presence would be obscured from the vision of approach-
ing drivers by a vehicle or other obstruction at the curb or side.
(f). At intersections where traffic officers are on duty, pedestrians
shall cross the intersection only with released traffic, and shall be sub-
ject to the same signals as govern the movement of other traffic.
(g). When actually boarding or alighting from a street car pedes-
trians shall have the right of way over vehicles, but shall not in order
to board or alight from street cars, step into the street sooner, nor
remain there longer than 1s absolutely necessary to do so.
(h). Pedestrians shall not use the highways, other than the side-
walks thereof, for travel, except when obliged to do so by the absence
of sidewalks, reasonably suitable and passable for their use, in which
case they shall keep as near as reasonably possible to the extreme left
side or edge of same.
(1). No person shall play on a highway within an incorporated
city or town or use in play thereon roller skates, coasters or any simi-
lar vehicle or toy or other article on wheels or runners, excepting bi-
cycles, tricycles and motorcycles, except in such areas as may be es-
pecially designated for that purpose by the proper local authorities.
1026 ACTS OF ASSEMBLY [vaA.
(j). Any person convicted of violating section seventy-four shall
be fined not less than two dollars nor more than twenty-five dollars
for each separate offense excepting subparagraph (b) and for any
conviction thereunder the minimum fine shall be ten dollars.
Be it further enacted that section fifty-seven of chapter four hun-
dred and seventy-four of the acts of nineteen hundred and twenty-six,
approved March twenty-fifth, nineteen hundred and twenty-six, be, and
the same is, hereby, repealed.