Chap. 400.—An ACT to amend and re-enact sections (d) and (n) of the
definition clause defining “tractor trucks” and “highways” and_ sections
3, 9, 46, 47, 48, 51, 66, 67 and 71 of chapter 474 of the acts of the general
assembly of Virginia, session of 1926, relating to the operation of motor
vehicles upon the public highways, and to repeal section 56%, as amended,
of said chapter. [H B 265]

Approved March 25, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tions (d) and (n), defining “tractor trucks” and “highways” of the
definition clause, and sections three, nine, forty-six, forty-seven, forty-
eight, fifty-one, sixty-six, sixty-seven, and seventy-one of chapter four
hundred and seventy-four, of the acts of the general assembly of Vir-
ginia, session of nineteen hundred and twenty-six, be amended and
re-enacted so as to read as follows:

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 con-
text clearly indicates a different meaning:

(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 load and weight of the vehicle
attached thereto.

(n) “Highway.”—-Every way or place of whatever nature open
to the use of the public for the purpose of vehicular travel, including
the streets of cities and towns.

Section 3. Restrictions as to speed—(a) Any person driving
a vehicle on a highway shall drive the same at a careful and prudent
speed not greater nor less than is reasonable and proper, having due
regard to the traffic, surface and width of the highway and of any
other conditions then existing. And any person who shall drive any
vehicle upon a highway at such speed as to endanger the life, limb or
property of any person, or so as to unnecessarily block, hinder or
retard the orderly and safe use of the highway by those following,
shall be prima facie guilty of reckless driving.

(b) Subject to the provisions of sub-division (a) of this section
and except in those instances where a lower speed is specified in this
act, it shall be prima facie lawful for the driver of any vehicle, save
and to drive the same at a speed not exceeding the following:

1. Fifteen miles an hour when passing a school during recess or
while children are going to or leaving school during its opening and
closing hours; provided, that markers be placed on the highways so
as to plainly show the location of such schools.

2. Fifteen miles an hour in a business district, as defined herein.

3. Twenty-five miles an hour in a residence district, as defined
herein.

4. Forty-five miles an hour under all other conditions.

(c) Reckless driving within the meaning of this section shall be
deemed to include the following offenses, which are expressly pro-
hibited.

1. Driving a vehicle when not under complete control, or with
inadequate or improperly adjusted brakes.

2. Driving to the left of the center of the street except upon
one-way streets.

3. Passing or attempting to pass two other vehicles abreast, mov-
ing in the same direction.

4. Violating the provisions of the right of way laws, as set out
in section nineteen hereof.

5. Failure to give adequate and timely signals of intention to turn
or partly turn, slow down, or stop.

6. Exceeding a reasonable speed under the circumstances and
traffic conditions obtaining at the time.

7. Passing other vehicles going in the same direction while cross-
ing an intersection, or while pedestrians are passing or about to pass
in front of either of such vehicles.

8. Driving a vehicle out of an alley, lane or building or across
a sidewalk into a street, without first bringing such vehicle to a speed
of five miles per hour.

9. Making a left turn without passing the right of the center
point of the intersection, whether marked or not, and without first
signalling his intention so to turn.

10. Making a right turn without keeping close to the curb, and
without first signalling his intention so to turn.

Section 9.—Drive on right side of highways——Upon all highways
of sufficient width the driver of a vehicle shall drive the same upon
the right half of the highway, unless it is impracticable to travel on
such side of the highway and except when overtaking and passing an-
other vehicle subject to the limitations applicable in overtaking and
passing set forth in sections twelve and thirteen of this act.

Section 46. Horns and warning devices—(a) Every motor ve-
hicle when operated upon a highway shall be equipped with a horn
in good working order, capable of emitting sound audible under normal
conditions over a distance of not less than two hundred feet; and
it shall be unlawful for any vehicle to be equipped with or for any
person to use upon a vehicle any siren, exhaust, compression or spark
plug whistle, or for any person at any time to use a horn otherwise
than as a reasonable warning or to make any unnecessary or unrea-
sonably loud or harsh sound by means of a horn or other warning de-
vice, except that the vehicles of common carriers, or extraordinarily
large and heavy vehicles may be equipped with such type of warning
device as the director of the division of motor vehicles may require
or permit.

(b) Every police and fire department vehicle and every ambulance
used for emergency calls shall be equipped with a siren or exhaust
whistle of a type not prohibited by the department.

Section 47. Mirrors.—All motor vehicles so constructed or loaded
as to prevent the driver from obtaining a view of the highway to the
rear shall be equipped with a mirror so located as to reflect to the
driver a plain view of the highway for a distance of at least two hun-
dred feet to the rear of such vehicle.

Section 48. Windshields on motor vehicles—It shall be unlawful
for any person to drive any vehicle upon a highway with any sign,
poster or other non-transparent material upon the front windshield,
side wings, or rear windows of such motor vehicle other than a certi-
ficate or other paper required to be so displayed by law, or which may
be permitted by the director of the division of motor vehicles.

Section 51. Additional permissible lights on vehicles——(a) Spot
lights——Any motor vehicles may be equipped with not to exceed two
spot lights, except that a motorcycle shall not be equipped with more
than one spot light, and every spot light shall be so aimed and used,
upon approaching another vehicle, that no part of the beam will be
directed to the left of the center of the highway, nor more than one
hundred feet ahead of the vehicle.

(b) Front side lamps.—Any motor vehicle may be equipped with
two side lamps upon the front of such vehicle and projecting a light
to the front or side and conforming to regulations adopted by the
commissioner. No electrical lamps or bulbs exceeding four standard
candle power shall be used in any such side lamp.

(c) Other exterior lights prohibited—No vehicle shall be equipped
with any lighting device other than those required or permitted in this
or the preceding section, except that this provision shall not be deemed
to prevent the use upon a motor vehicle of interior lights of low
candle power, nor the use of vacant or destination signs on vehicles
operated as public carriers.

(d) Auxiliary lamps.—Any motor vehicle may be equipped with
such auxiliary light of low candle power and illuminated signal devices
as may be permitted or required under this act or the rules and regu-
lations adopted by the commissioner. .

(e) All vehicles with bodies extending over the wheels on the
sides and measuring seven feet or more in height from the ground
shall, in addition to the lights hereinbefore required, carry two white
lights on the front of the body, and two red lights on the rear of the
body so placed as to plainly show the width and height of such vehicle,
both front and back.

Section 66. Penalties for misdemeanors—(a) It shall be un-
lawful 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.

Every person convicted of a misdemeanor for a violation of any
of the provisions of this act for which no other penalty is provided,
shall, for a first conviction thereof, be punished by a fine of not less
than five dollars nor more than one hundred dollars, or by imprison-
ment in jail for not less than one nor more than ten days; for second
such conviction within one year such person shall be punished by a
fine of not less than ten dollars nor more than two hundred dollars
or by imprisonment in jail for not less than one nor more than twenty
days, or by both such fine and imprisonment; upon a third or sub-
sequent conviction within one year such person shall be punished by
a fine of not less than twenty-five dollars nor more than five hundred
dollars or by imprisonment in jail for not less than ten days nor
more than six months. :

Where, in this section, in any case, it is provided that a fine or
jail sentence may be imposed it shall be construed to mean that both
the fine and jail sentence may be imposed.

Section 67. Penalty for reckless driving—Every person con-
victed of reckless driving, under section two of this act, shall be pun-
ished for a first violation by a fine of not less than ten dollars nor
more than one hundred dollars, or by confinement in jail not to exceed
thirty days, or both. For conviction for subsequent violations, a fine
of not less than fifty dollars, nor more than five hundred dollars, or
he may be further punished by imprisonment in jail for a period of not
less than ten days nor more than six months, or by both such fine and
imprisonment. ,

Section 71. Report of convictions to be sent to department—(a)
Every justice of the peace, trial justice, police justice, or clerk of a
court of record in this State shall keep a full record of every case
in which a person is charged with violation of any provision of this
act, and in the event that such person is convicted or that his bail
is forfeited, an abstract of such record shall be sent forthwith by such
justice of the peace, trial justice, police justice, or clerk of a court of
record to the department. But this requirement shall not be deemed
to make the court of a justice of the peace, trial justice, or police
justice a court of record.

(b) Abstracts required by this section shall be made upon forms
prepared by the department and shall include all necessary information
as to the parties to the case, the nature of the offense, the date of
hearing, the plea, the judgment, the amount of the fine or forfeiture
as the case may be, and every such abstract shall be certified by the
justice of the peace, police judge or clerk of such police court, as a true
abstract of the records of the court.

(c) Each clerk of any court of record of this State shall also,
within ten days after any final judgment of conviction of any violation
of any of the provisions of this act, send to the department a certified
copy of such judgment of conviction. Certified copies of the judg-
ment shall also be forwarded to the department upon conviction of
any person of manslaughter or other felony in the commission of
which a vehicle was used. The said department shall keep such rec-
ords in its office, and they shall be open to the inspection of any per-
son during reasonable business hours.

(d) Wilful failure, refusal or neglect to comply with any of the
provisions of this section shall subject the person who is guilty thereof,
to a fine of not less than ten dollars and not more than fifty dollars,
and may be ground for removal from office. Charges for dereliction
of the duties imposed by this section shall be tried by the court of rec-
ord having jurisdiction over the officer whose neglect is complained of,
and the proceedings shall be upon an informal complaint of any person.

2. Be it further enacted that section fifty-six and one-half, as
amended, of said chapter four hundred and seventy-four of the acts
of nineteen hundred and twenty-six, be, and the same is hereby, re-
pealed.