Chap. 385.—An ACT to provide for the licensing of chauffeurs, and other motor
vehicle operators, and for the suspension and revocation of such licenses for
certain causes; to fix liability on certain persons for negligence in the operation
of motor vehicles on the public highways; and to prescribe penalties for
violations of certain provisions of this act. [fH B 103]

Approved March 29, 1932

Be it enacted by the general assembly of Virginia, as follows:

1. 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) “Chauffeur:’ every person employed for the principal pur-
pose of operating a motor vehicle and every person who drives a
motor vehicle while in use as a public or common carrier of persons
or property.

(b) “Division:” The division of motor vehicles of this State, act-
ing directly or through and by its duly authorized officers and agents.

(c) “Director :” the director of the division of motor vehicles of
this State. |

(d) “Farm tractor:” every motor vehicle designed and used pri-
marily as a farm implement for drawing plows, mowing machines and
other implements of husbandry.

(e) “Highway :” every way or place of whatever nature open to
the use of the public for purposes of vehicular travel in this State, in-
cluding the streets and alleys in towns and cities.

(f) “Motor vehicles :” every self propelled vehicle in, upon, or by
means of which, any person or property may be transported or drawn
upon a public highway.

(g) “Non-resident :’ every person who is not a resident of this
State.

(h) “Operator:” every person, other than a chauffeur, in actual
physical control of a motor vehicle on a highway.

(1) “Owner :” a person who holds the legal title to a motor vehi-
cle, or a person legally entitled to the actual possession of such vehicle
under a conditional sale contract; a lease contract, or a mortgage.

(j) “Person:” every natural person.

2. Operators and chauffeurs must be licensed—No person except
those expressly exempted under sections three, four, seven and thir-
teen (d) of this act shall drive any motor vehicle upon a highway
in this State unless such person upon application has been licensed
as an operator or chauffeur by the division as hereinafter provided.

3. What persons are exempt from license—(a) No person shall
be required to obtain an operator’s or chauffeur’s license for the pur-
pose of driving or operating a road roller, road machinery, or any
farm tractor or implement of husbandry temporarily drawn, moved or
propelled on the highways. Counties, cities and towns of this State
are hereby expressly prohibited from requiring any other operator’s
license or local permit to drive, except as herein provided for, pro-
vided that cities which have now in force or may hereafter adopt reg-
ulations for the licensing of drivers of taxicabs and other similar for
hire passenger vehicles, and for the control of the operation of such
for hire vehicles, may continue to impose and enforce regulations in
addition to the provisions of this act.

-(b) Every person in the service of the army, navy, or marine
corps of the United States and when furnished with a driver’s permit
and when operating an official motor vehicle in such service, shall be
exempt from license under this act.

4. Nonresidents, when exempt from license—(a) A nonresident
over the age of sixteen years who has been duly licensed either as an
operator or chauffeur under a law requiring the licensing of operators
or chauffeurs in his home state or country and who has in his imme-
diate possession either a valid operator’s or chauffeur’s license issued
to him in his home state or country shall be permitted without exami-
nation or license under this act to drive a motor vehicle upon the high-
ways of this State.

(b) It shall be unlawful for any nonresident whose home state
or country does not require the licensing of operators or chauffeurs,
and who has not been licensed either as an operator or chauffeur in
his home state or country, to operate any motor vehicle upon any
highway in this State without first making application for and ob-
taining a license as an operator or chauffeur as required under this
act; but any such unlicensed nonresident, who is over the age of six-
teen years, may operate any motor vehicle which has been duly reg-
istered for the current calendar year in the state or country of which
the owner is a resident upon the highways of this State, for a period
of not more than thirty (30) days in any one year without making
application for or obtaining an operator’s or chauffeur’s license under
this act, upon condition that such nonresident may be required at any
time or place to prove lawful possession of or the right to operate,
such motor vehicle, and establish his proper identity.

5. What persons shall not be licensed—(a) No operator’s li-
cense shall be issued to any person under the age of sixteen years,
except as hereinafter provided, and no chauffeur’s license shall be is-
sued to any person under the age of eighteen years.

(b) The division shall not issue an operator’s or chauffeur’s li-
cense to any person whose license, either as operator or chauffeur, has
been suspended, during the period of such suspension; nor to any
person whose license, either as operator or chauffeur, has been re-
voked under the provisions of this act until the expiration of one
year after such license was revoked.

(c) The division shall not issue an operator’s or chauffeur’s li-
cense to any person who it has determined is an habitual drunkard or
is addicted to the use of narcotic drugs.

(d) No operator’s or chauffeur’s license shall be issued to any
applicant who has previously been adjudged insane or an idiot, imbe-
cile, epileptic, or feeble-minded, and who has not at the time of such
application been restored to competency by judicial decree or released
from a hospital for the insane or feeble-minded upon a certificate of
the superintendent that such person is competent, nor then unless the
division is satisfied that such person is competent to operate a motor
vehicle with safety to persons and property. ,

(e) The division shall not issue an operator’s or chauffeur’s li-
cense to any person when in the opinion of the division such person
is afflicted with or suffering from such physical or mental disability
or disease as will serve to prevent such person from exercising reas-
onable and ordinary control over a motor vehicle while operating the
same upon the highways, nor shall a license be issued to any person
who is unable to understand highway warning or direction signs.

Provided that the words physical disability or disease shall not be
construed to mean persons unable to hear or to speak, or both, and
who have good vision and can satisfactorily demonstrate their ability
to drive an automobile or truck, and who have sufficient knowledge
of traffic rules and regulations.

6. Age limits for drivers of school buses and public passenger-
carrying motor vehicles, it shall be unlawful (a) for any person,
whether licensed under this act or not, who is under the age of eigh-
teen years to drive a motor vehicle while in use as a school bus for
the transportation of pupils to or from school, provided, however, such
school bus may be operated by a person between the ages of sixteen
and eighteen years, with the approval of the school board served by
such bus, or (b) for any person, whether licensed under this act or not,
who is under the age of twenty-one years, to drive a motor vehicle
while in use as a public passenger-carrying vehicle.

7. Instruction permits—(a) The division upon receiving from
any person over the age of sixteen years an application for a tempo-
rary instruction permit may in its discretion issue such a permit enti-
tling the applicant, while having such permit in his immediate posses-
sion, to drive a motor vehicle upon the highways for a period of sixty
days when accompanied by a licensed operator or chauffeur who is
actually occupying a seat beside the driver.

(b) An operator’s license may be issued to a minor between the
ages of fourteen and sixteen years, upon proper application therefor
and upon satisfactory evidence that such minor is mentally, physi-
cally and otherwise qualified to drive a motor vehicle with safety ;
provided further, that no such minor shall drive a motor vehicle on
the streets and alleys of any city in this State if prohibited from so
doing by a proper city ordinance.

8. Application for operator’s or chauffeur’s license—(a) Every
application for an operator’s or chauffeur’s license shall be made upon
a form approved and furnished by the division and shall be verified by
the applicant before a person authorized to administer oaths, and for
administering this oath no charge shall be made.

(b) Every application shall state the name, age, sex and residence
address of the applicant, and whether or not the applicant has hereto-
fore been licensed as an operator or chauffeur and if so when and by
what state, and whether or not such license has ever been suspended or
revoked and if so the date of and reason for such suspension or revo-
cation. | |

9, Application of minors——The division shall not issue an oper-
ator’s license on the application of any minor under the age of eighteen
years, unless such application is signed by the father of the applicant,
if the father is living and has custody of the applicant, otherwise by
the mother or guardian having custody of such minor, or in the event
a minor under the age of eighteen years has no father, mother or guar-
dian, then an operator’s license shall not be issued to the minor unless
his application, therefor is signed by his employer.

10. Examination of applicants—(a) The division shall examine
every applicant for an operator’s or chauffeur’s license before issuing
any such license, except as otherwise provided in subsection (b) of
this section. The division shall examine the applicant as to his phys-
ical and mental qualifications and his ability to operate a motor vehi-
cle in such manner as not to jeopardize the safety of persons or prop-
erty and as to whether any facts exist which would bar the issuance
of a license under section five of this act, but such examination shall
not include investigation of any facts other than those directly per-
taining to the ability of the applicant to operate a motor vehicle with
safety, or other than those facts declared to be prerequisite to the is-
suance of a license under this act.

(b) The division shall issue without examination, and free of cost,
an operator’s license to any person making proper application there-
for at any time after this section becomes effective and before the first
day of July, nineteen hundred and thirty-three, who shall be of sut-
ficient age as prescribed by section five (5) of this act, to receive the
same, and who shall furnish evidence satisfactory to the division that
such applicant had previously operated any motor vehicle in a satis-
factory manner within this State, for a distance of at least five hun-
dred miles; and all such licenses so issued within that time shall ex-
pire by their own limitation on the thirtieth day of June, nineteen
hundred and thirty-four. On and after the first day of July, nineteen
hundred and thirty-three, no other person, except those expressly ex-
empted as hereinbefore provided for, shall drive any motor vehicle on
any highway in this State unless and until such person shall have sat-
isfactorily passed the examination required by subsection (a) of this
section and obtained either an operator’s or a chauffeur’s license,
which shall be issued upon the payment of a fee of fifty (50) cents for
each operator’s license and a fee of two ($2.00) dollars for each chaut-
feur’s license ; and all such licenses so issued from the first day of July,
nineteen hundred and thirty-three, until the thirtieth day of June, nine-
teen hundred and thirty-four, shall expire by their own limitation, on
the last mentioned date; provided, that any chauffeur’s license so is-
sued within said period, shall upon the payment of a fee of five ($5.00)
dollars, be issued to expire on the thirtieth day of June, nineteen hun-
dred and thirty-six.

Any operator’s license so expiring on the thirtieth day of June,
nineteen hundred and thirty-four, shall, upon proper application and,
in the discretion of the division, without examination of the appli-
cant, be thereafter renewed for successive periods of five years be-
ginning with July first, nineteen hundred and thirty-four, upon the
payment of a fee of fifty (50c) cents for each such renewal; and any
operator’s license issued at any time within any such five years period
shall be for the residue of such period and shall be likewise renew-
able for successive periods of five years, upon the payment of a like
renewal fee of fifty (50c) cents. Any chauffeur’s license so expiring.
either on the thirtieth day of June, nineteen hundred and thirty-four
or on the thirtieth day of June, nineteen hundred and thirty-six, shall,
upon proper application and, in the discretion of the division, without
examination, be thereafter renewed for successive periods of one year.
or three years, and if such renewal be for one year, the fee therefor
shall be two ($2.00) dollars, and if for three years, the fee shall be
five ($5.00) dollars. Any chauffeur’s license issued as now provided
by law, either by way of renewal, or on a new application, from Jan-
uary first to June thirtieth, inclusive, in the year nineteen hundred anc
thirty-three, shall be made to expire on the last mentioned date, and
the fee therefor shall be two dollars and fifty cents.
11. Designation of local officers——The director is hereby author-
ized to designate such persons within this State as he shall see fit
to act for the division for the purpose of examining applicants for op-
erator’s and chauffeur’s licenses. It shall be the duty of any such per-
son so designated or appointed to conduct examinations of applicants
for operator’s and chauffeur’s licenses under the provision of this act,
and to make a written report of findings and recommendations upon
such examination to the division. |

12. Register of operators and chauffeurs—The division shall file
every application for an operator’s or chauffeur’s license and index the
same by name and number and maintain suitable records of all licenses
issued and all applications for licenses denied, also a record of all li-
censes which have been suspended or revoked. |

13. Licenses issued to operators and chauffeurs—(a) The divi-
sion shall issue to every person licensed as an operator an operator’s
license and to every person licensed as a chauffeur a chauffeur’s li-
cense. Every chauffeur before operating a motor vehicle as a public
or common carrier of persons or property shall apply for and receive
from the division and at all times while so operating a motor vehicle
shall display in plain sight upon the band of his cap or upon the lapel
of his outer coat, a chauffeur’s badge. Any person licensed as a chauf-
feur under this act shall not be required to procure an operator’s li-
cense, but no person shall drive any motor vehicle as a chauffeur un-
less licensed as a chauffeur.

(b) very such license shall bear thereon the distinguishing
number assigned to the licensee and shall contain the name, age, resi-
dence address and a brief description of the licensee for the purpose of
identification, also a space for the signature of the licensee.

(c) Every chauffeur’s badge shall be of metal with a plainly read-
able distinguishing number assigned to the license stamped thereon.

(d) The division, upon determining after an examination that an
applicant is mentally, physically and otherwise qualified to receive a
license, may issue to such person a temporary driver’s permit entitling
such person while having such permit in his immediate possession to
drive a motor vehicle upon the highways for a period of thirty days
before issuance to such person of an operator’s or chauffeur’s license.

14. Duplicate license certificates and chauffeur’s badges.—In the
event that/an operator’s or chauffeur’s license or a chauffeur’s badge
issued under the provisions of this act shall be lost or destroyed, the
person to whom the same was issued may obtain a duplicate or substi-
tute thereof upon furnishing proof satisfactory to the division that
such license or badge has been lost or destroyed and upon payment of
a fee of twenty-five cents for each such license or badge.

15. Licenses to be signed and carried—(a) Every person li-
censed as an operator and every person licensed as a chauffeur shall
write his usual signature with pen and ink in the space provided for
that purpose on the license certificate issued to him immediately upon
receipt of such certificate, and such license shall not be valid until the
certificate is so signed.

(b) The licensee shall have such license in his immediate posses-
sion at all times when driving a motor vehicle and shall display the
same upon demand of any person charged with the duty of enforcing
the motor vehicle laws of this State.

16. Court to report convictions and may recommend suspension of
license.—Every court having jurisdiction over offenses committed
under this act, or any other act of this State regulating the operation
of motor vehicles on highways, shall forward to the division a record
of the conviction of any person in said court for a violation of any
said laws, and may recommend the suspension of the operator’s or
chauffeur’s license of the person so convicted, and the division shall
thereupon consider and act upon such recommendation in such manner
as may seem to it best.

17. Mandatory suspension or revocation of license by the division.
—(a) The division shall forthwith revoke the license of any person
upon receiving a record of the conviction of such person of any of
the following crimes:

First. Voluntary manslaughter resulting from the operation of a
motor vehicle.

Second. Driving a vehicle while under the influence of intoxicat-
ing liquor or narcotic drug.

Third. Perjury or the making of a false affidavit to the division
under this act or any other law of this State requiring the registra-
tion of motor vehicles or regulating their operation on highways.

Fourth. Any crime punishable as a felony under the motor vehicle
laws of this State or any other felony in the commission of which a
motor vehicle is used.

Fifth. Conviction or forfeiture of bail upon three charges of reck-
less driving all within the preceding twelve months.

Sixth. A conviction of a driver of a motor vehicle, involved in an
accident resulting in the death or injury of another person, upon a
charge of failing to stop and disclose his identity at the scene of the
accident.

(b) The division upon receiving a record of the conviction of any
person upon a charge of operating a motor vehicle while the license
of such person is suspended or revoked, shall immediately extend the
period of such first suspension or revocation for an additional like
period.

18. Division may suspend or revoke licenses.—(a) The division
may after due hearing, upon not less than five days notice in writing,
said notice to be sent by registered letter to the address given by the
operator when applying for his license, which shall constitute suf-
ficient form of notice, suspend or revoke the operator’s license issued
to any person under the provisions of this act whenever it is satisfac-
torily proved to the division:

First. That such person has committed any offenses for the convic-
tion of which mandatory revocation of license is provided in section
seventeen.
Second. That such person has, by reckless or unlawful operation
of a motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or serious property damage.

Third. That such person is incompetent to drive a motor vehicle
or is afflicted with mental or physical infirmities or disabilities render-
ing it unsafe for such person to drive a motor vehicle upon the high-
ways.

Fourth. That such person is an habitual reckless or negligent
driver of a motor vehicle or has committed a serious violation of the
motor vehicle laws of this State.

The notice of a hearing when mailed to any person, as provided for
in this section, shall contain a statement of the charges to be heard,
the date, time and place of the hearing to be held.

The hearing shall be in the county or city wherein the licensee re-
sides or in the county or city in which the offense with which the li-
censee has been charged is alleged to have been committed.

(b) The division is hereby authorized to suspend or revoke the
right or license of any nonresident to operate a motor vehicle in this
State for any cause for which the license of a resident operator or
chauffeur may be suspended or revoked, and any nonresident who
operates a motor vehicle upon a highway when his right to operate has
been suspended or revoked by the division shall be guilty of a misde-
meanor and subject to punishment as provided in section thirty.

(c) The division is hereby authorized to suspend or revoke the
license of any resident of this State upon receiving notice of the con-
viction of such person in another state of an offense therein, which, if
committed in this State, would be grounds for the suspension or rev-
ocation of the license of an operator or chauffeur. The division is fur-
ther authorized, upon receiving a record of the conviction in this State
of a nonresident driver of a motor vehicle of any offense under the
motor vehicle laws of this State, to forward a certified copy of such
record to the motor vehicle administrator in the state wherein the
person so convicted is a resident.

(d) The division shall not suspend a license for a period of more
than one year and upon suspending or revoking any license shall re-
quire that such license and the badge of any chauffeur whose license
is so suspended or revoked shall be surrendered to and retained by the
division except that at the end of a period of suspension such license
and any chauffeur’s badge so surrendered shall be returned to the li-
censee.

19. Right of appeal—Any person denied a license or whose li-
cense has been revoked or suspended by the division under the provi-
sions of this act, shall have the right to file a petition within thirty
days thereafter for hearing in the matter in any court having criminal
jurisdiction wherein such person shall reside, and such court is hereby
vested with jurisdiction and it shall be its duty to set the matter for
hearing upon ten days’ written notice to the director, and thereupon to
take testimony and examine into the facts of the case and to determine
whether the petitioner is entitled to a license or is subject to revoca-
tion or suspension of license under the provisions of this act. Such
persons making an appeal shall have the right to trial by jury, or
before the judge, as such person may elect. ,

From the final judgment of any such court, either the person ap-
pealing thereto, or the Commonwealth shall have an appeal as of
right, and from the final judgment of any circuit, county, hustings or
corporation court, either the person appealing or the Commonwealth
shall have a right of appeal to the supreme court of appeals of Vir-
ginia, and while such an appeal is pending from any court the driver
may operate a motor vehicle, provided he enter into proper bond in an
amount to be determined by the court (not to exceed $500.00) to ob-
serve the motor vehicle laws of this Commonwealth. ,

20. New license after revocation——Any person whose license is re-
voked under this act shall not be entitled to apply for or receive any
new license until the expiration of one year from the date such former
license was revoked. 2

22. Owner liable for negligence of minor—Every owner of a
motor vehicle causing or knowingly permitting a minor under the age
of sixteen years who is not permitted under the provisions of this act
to drive such a vehicle upon a highway, and any person who gives or
furnishes a motor vehicle to such minor, shall be jointly or severally
liable with such minor for any damages caused by the negligence of
such minor in driving such vehicle.

23. Violation of license provisions.—It shall be unlawful for any
person to commit any of the following acts:

First. To display or cause or permit to be displayed or to have in
possession any operator’s or chauffeur’s license knowing the same.
to if fictitious or to have been cancelled, revoked, suspended or al-
tered ; | |

Second. To lend to, or knowingly permit the use of, by one not
entitled thereto, any operator’s or chauffeur’s license issued to the per-
son so lending or permitting the use thereof;

Third. To display or to represent as one’s own any operator’s o1
chauffeur’s license not isstted to the person so displaying the same; _

Fourth. To fail or refuse to surrender to the division upon demand
any operator’s or chauffeur’s license which has been suspended, can-
celled or revoked as provided by law; |

Fifth. To use a false or fictitious name or give a false or fictitious
address in any application for an operator’s or chauffeur’s license, 01
any renewal or duplicate thereof, or knowingly to make a false state
ment or knowingly to conceal a material fact or otherwise commit <
fraud in any such application. .

24. Making false affidavit perjury—Any person who shall 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 to o1
affirmed, shall be guilty of perjury and upon conviction shall be pun
ishable by fine or imprisonment as other persons committing perjury
are punishable. _ -
25. Unlawful to permit unlicensed minor to drive motor vehicle. —
It shall be unlawful for any person to cause or knowingly permit any
minor under the age of eighteen years to drive a motor vehicle upor
a highway, as an operator, unless such minor shall have first obtainec
a license or permit to so drive a motor vehicle under the provisions o1
this act.

26. Unlawful to employ unlicensed chauffeur—No person shall
knowingly employ any chauffeur to operate a motor vehicle who is
not licensed as provided by law.

27. Unlawful to permit violations of act—No person shall author-
ize Or knowingly permit a motor vehicle owned by him or under his
control to be driven by any person who has no legal right to do so
or in violation of any of the provisions of this act.

28. Unlawful to drive while license suspended or revoked.—Any
person whose operator’s or chauffeur’s license has been suspended or
revoked, as provided in this act, and who shall drive any motor vehicle
upon the highways of this State while such license stands suspended
or revoked, shall be guilty of a misdemeanor, and upon conviction
shall be punished as provided in section thirty of this act.

29, Penalty for misdemeanor.—(a) It shall be a misdemeanor for
any person to violate any of the provisions of this act unless such vio-
lation 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 for not more than
six months, or by both such fine and imprisonment.

30. Penalty for driving while license suspended or revoked.—Any
person convicted of a violation of section twenty-eight of this act
shall be punished by imprisonment in jail for a-period not less than
two days nor more than six months and there may be imposed in addi-
tion thereto a fine of not more than five hundred dollars.

31. All fees accruing under the provisions of sections ten and four-
teen of this act shall be paid to, and received by, the director, and by
him forthwith paid into the treasury, and shall be set aside as a spe-
cial fund in the treasury to be used to meet the necessary additional
expenses incurred by the division of motor vehicles-and the director
thereof in the performance of the duties required by this act, and to
repay the loan herein authorized from the fund derived from the fees
and licenses collected by the director of the division of motor vehicles
for licensing motor vehicles. All expenses, which may be incurred by
the director of the division of motor vehicles in the printing of this
act, and in the preparation and printing of the prescribed forms, cost
of equipment, mechanical devices, the cost of postage and mailing, and
the necessary additional employees together with the cost of renting,
leasing or maintaining necessary offices a sum sufficient shall be paid
in the first instant out of the fund accruing from the fees and licenses
collected by the director of the division of motor vehicles for licensing
motor vehicles by the treasurer on the warrant of the comptroller,
upon the proper voucher or vouchers required by the comptroller, ap-
proved by the director of the division of motor vehicles, and as soon
as sufficient funds are available from the fees and collections provided
for in this act, the said license fund shall be reimbursed for the amount
so paid.

32. Uniformity of interpretation—This act shall be so interpreted
and construed as to effectuate its general purpose to make uniform the
law of those States which enact it. ,

33. Short title—This act may be cited as the Virginia operators’
and chauffeurs’ license act. ,

34. Constitutionality—I{ any part or parts of this act shall be
held to be unconstitutional, such unconstitutionality shall not affect the
validity of the remaining parts of this act.

35. Repeal.—All acts or parts of acts inconsistent with the provi-
sions of this act are hereby repealed. |

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