Chap. 265.—An ACT to amend and re-enact sections 2. 17, 22, 23. 28. 32, 33, 34,
39, 43, 44, 46, 53, 58, 62, 63, 75, 84, 94, 95, 96, 97, 99, 100, 105, 106, 107, 111,
112, 121 and 122 of chapter 342 of the Acts of Assembly for 1932 entitled
an act to revise, simplify, rearrange and consolidate into one act which shall
constitute and be designated and cited as “The Motor Vehicle Code of Vir-
ginia,” the various statutes of the Commonwealth concerning the registration
and licensing of motor vehicles, trailers and semi-trailers, the licensing of
chauffeurs, the collection of fees and disposition of funds collected, the op-
eration of vehicles on the public roads, highways, streets and alleys, the
Division of Motor Vehicles and the director of said division, the powers and
duties of said division and director, and the penalties for violations of the
provisions of certain such statutes; and to repeal all statutes and acts in
conflict with the provisions of this act, approved March 26, 1932. [H B 215]

Approved March 28, 1934

I. Be it enacted by the General Assembly of Virginia, That sections
two, seventeen, twenty-two, twenty-three, twenty-eight, thirty-two, thir-

ty-three, thirty-four, thirty-nine, forty-three, forty-four, forty-six, fifty-
three, fifty-eight, sixty-two, sixty-three, seventy-five, eighty-four, ninety-
four, ninety-five, ninety-six, ninety-seven, ninety-nine, one hundred, one
hundred and five, one hundred and six, one hundred and seven, one
hundred and eleven, one hundred and twelve, one hundred and twenty-
one and one hundred and twenty-two of chapter three hundred and
forty-two of the Acts of Assembly of nineteen hundred and thirty-two,
entitled an act to revise, simplify, rearrange and consolidate into one
act which shall constitute and be designated and cited as “The Motor
Vehicle Code of Virginia,” the various statutes of the Commonwealth
concerning the registration and licensing of motor vehicles, trailers and
semi-trailers, the licensing of chauffeurs, the collection of fees and dis-
position of funds collected, the operation of vehicles on the public roads,
highways, streets and alleys, the Division of Motor Vehicles and the
director of said division, the powers and duties of said division and
director, and the penalties for violations of the provisions of certain such
statutes; and to repeal all statutes and acts in conflict with the provi-
sions of this act, approved March twenty-sixth, nineteen hundred and
thirty-two, be amended and re-enacted so as to read as follows:

Section 2. Definitions—The following words and phrases when
used in this act shall, for the purpose of this act have the meanings re-
spectively ascribed to them in this section except in those instances
where the context clearly indicates a different meaning.

(a) “Director.’—The Director of the Division of Motor Vehicles
of this State.

(b) “Division.”—The Division of Motor Vehicles of this State,
acting directly or thiough its duly authorized officers and agents.

(c) “Essential parts.”’—All integral parts and body parts, the re-
moval, alteration or substitution of which will tend to conceal the iden-
tity or substantially alter the appearance of the vehicle.

(b) “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) “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.

(f) “Highway.”—Every way or place of whatever nature open to
the use of the public for purposes of vehicular travel in this State,
including the streets and alleys in towns and cities.

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

(1) “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.

(j) “Motor Vehicle Code.”—The laws embraced in the following
chapters and sections of this act.

(k) “Motor vehicles.”—Every vehicle as herein defined which is
self-propelled or designated for self-propulsion.

(1) “Non-resident.”—-Every person who is not a resident of this
State except the non-residents referred to in section twenty-three-g of
this act.

Any foreign corporation which is authorized to do business in this
State by the State Corporation Commission shall be deemed a resident
of this State for the purpose of this act; provided, however, that in the
case of corporations incorporated in this State but doing business with-
out the State, only such principal place of business or branches located
within this State shall be dealt with as residents of this State.

(m) “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 purpose
of this act, except that in all such instances when the rent paid by the
lessee includes charges for services of any nature and/or when the lease
does not provide that title shall pass to the lessee upon payment of the
rent stipulated, the lessor shall be regarded as the owner of such vehicle,
and said vehicle shall be subject to such requirements of this act as are
applicable to vehicles operated for compensation.

(n) “Person.”—Every natural person, firm, co-partnership, associ-
ation or corporation.

(o) “Pneumatic tires.”—All tires inflated with compressed air.

(p) “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 named
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, derived from
other vehicles or makes of vehicles.

(g) “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,

(r) “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.

(s) “Solid rubber tires.”—Every tire made of rubber other than
a pneumatic tire. .

(t) “Specially constructed vehicles.”—Any vehicle which shall not
have been originally constructed under a distinctive name, make, model
or type by a generally recognized manufacturer of vehicles.

(u) “Town.”—An incorporated town.

(v) “Tractor truck.”’—Every motor vehicle designed and used pri-
marily 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.

(w) “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.

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

(y) The terms operation or use for rent or for hire, for the trans-
portation of passengers, or as a property carrier for compensation, and
the term business of transporting persons or property, wherever used
in this act, mean, any owner and/or operator of any motor vehicle,
trailer or semi-trailer operating over the highways of this State who
accepts or receives compensation for the service, directly or indirectly.

The term compensation wherever used in this act means money or
the equivalent thereof.

(z) “Intersection.”—The area embraced within the prolongation of
the lateral curb lines, or if none, then the lateral boundary lines of two
or more highways, which join one another at an angle, whether or not
one such highway crosses the other.

(z-1) The term “commission” means the State Corporation Com-
mission of the Commonwealth of Virginia.

Section 17. Registration cards and certificates of title—(a) The
division upon receiving an application for a certificate of title for a
motor vehicle, trailer or semi-trailer shall issue to the owner a cer-
tificate of title therefor and a registration card as separate documents.
Such owner upon receiving the said registration card shall sign his
name thereon with pen and ink, in the space provided.

(b) The division upon receiving an application for a certificate of
title to a motor vehicle, trailer or semi-trailer showing liens or encum-
brances upon said motor vehicle, trailer or semi-trailer, shall, upon
issuing to the owner thereof a certificate of title therefor, show upon
the face of the certificate of title all liens or encumbrances disclosed by
such application. All such liens or encumbrances shall be shown in
the order of their priority, said priority being according to the infor-
mation contained in such application.

Liens or encumbrances placed on motor vehicles, trailers or semi-
trailers by the voluntary act of the owner 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 division on a blank
furnished for that purpose, setting forth the said lien or liens and such
information in connection therewith as the said division may deem
necessary, and the division, if satisfied that it is proper that the same
be recorded, and upon surrender of the certificate of title covering said
motor vehicle, trailer, or semi-trailer, shall thereupon issue a new cer-
tificate 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. [or the purpose of recording such subsequent
lien, the director may require any lien holder to deliver to the director
the said certificate of title; upon issuing the said new certificate it shall
thereupon be sent or delivered to the said lien holder from whom the
prior certificate was obtained.

Said certificate of title of such motor vehicle, trailer or semi-trailer
shall be delivered to the person, firm or corporation holding the first
lien or encumbrance upon said motor vehicle, trailer or semi-trailer
and retained by him or them until the entire amount of his or their
lien is fully paid by the owner of said motor vehicle, trailer or semi-
trailer, when the same shall be delivered to the next lien, holder, and
so on, and if none, then to the owner of said motor vehicle, trailer or
semi-trailer. Said certificate of title, when issued by the division show-
ing a lien or encumbrance, shall be deemed adequate notice to the
Commonwealth, creditors and purchasers 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. Motor
vehicles, trailers or semi-trailers registered or for which a certificate
of title shall have been issued under this act shall not be subjected to,
but shall be exempt from the provisions of sections fifty-one hundred
and eighty-nine and 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 and shall have no effect.
Provided that if application for the registration or recordation of a
lien or encumbrance to be placed upon a motor vehicle, trailer or semi-
trailer be filed in the office of the Division of Motor Vehicles in the city
of Richmond, Virginia, within ten (10) days from the date of such
applicant’s purchase of such motor vehicle, trailer or semi-trailer, it
shall be as valid as to all persons, whomsoever, including the Common-
wealth, as if such registration had been done on the day such lien or
encumbrance was acquired and liens shown upon such certificates of
title issued by the division pursuant to applications for same, shall have

priority over any other liens against such motor vehicle, trailer or
semi-trailer, however created and recorded.

Provided, however, a levy made by virtue of an execution, fier
facias or other proper court order, upon a motor vehicle, trailer or
semi-trailer, for which a certificate of title has been issued by the divi-
sion, shall constitute a lien, subsequent to liens theretofore recorded by
the division, if and when the officer making such levy reports to the
division at its office in Richmond, Virginia, on forms provided therefor
by the division, that such levy has been made, and that the motor ve-
hicle, trailer or semi-trailer thus levied upon has been seized by and
is in the custody of such officer, and should such lien be thereafter
satisfied or should the motor vehicle, trailer or semi-trailer thus levied
upon and seized, be thereafter released by such officer, he shall imme-
diately report that fact to the division at its office in Richmond.

(b14) The fee to be paid to the division for the issuance of each
certificate of title shall be one ($1.00) dollar.

(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 motor vehicle, trailer or semi-trailer,
the name and address of the owner, a description of the registered motor
vehicle, trailer or semi-trailer, and such other statement of facts as may
be determined by the division.

(d) The registration card shall contain upon the reverse side forms
for endorsement of the signature and notice to the division of a trans-
fer of the motor vehicle, trailer or semi-trailer.

(e) The certificate of title shall contain a statement of the owner’s
title and of all liens or encumbrances upon the motor vehicle, trailer
or semi-trailer therein described and whether possession is held by the
owner under a lease, contract or conditional sale or other like agree-
ment. 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 motor vehicle,
trailer or semi-trailer at the time of a transfer.

(£) Every certificate of title issued under this section shall be
valid for the life of the motor vehicle, trailer or semi-trailer 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 22. Registration by manufacturers and dealers—(a) A
manufacturer of or dealer in motor vehicles, trailers, or semi-trailers,
owning and operating any motor vehicle, trailer or semi-trailer upon any
highway, in lieu of registering each such motor vehicle, trailer or semi-
trailer, may obtain from the division, upon application therefor, upon
the proper official form, and upon payment of the fees required by law,
and attach to each such vehicle one or duplicate license plates as required
for different classes of such vehicles by section twenty of this act, which

plate or set of plates shall each bear thereon a distinctive number, also
the name of this State, which may be abbreviated, and the year for
which issued, together with the word “dealer” or a distinguishing sym-
bol indicating that such plate or plates are issued to a manufacturer
or dealer ; any plates so issued may, during the calendar year for which
issued, be transferred from one motor vehicle, trailer or semi-trailer
to another, used or operated by such manufacturer or dealer, who shall
keep a written record of the motor vehicle, trailer and semi-trailer upon
which such dealer’s number plates are used, which record shall be open
to inspection by any police officer or any officer or employee of the
division.

Such dealer’s license plates shall be used only on motor vehicles,
trailers and semi-trailers which when operated on the highways of this
State are operated in connection with their business: provided that
dealers tags shall not be used on motor vehicles for the use of opera-
tion of which dealers charge or receive compensation, such as wreck-
ing cranes or other service motor vehicles.

Provided, however, a dealer may permit such tags to be used in the
operation of a motor vehicle, trailer or semi-trailer by a bona fide pros-
pective purchaser thereof where such dealer issues to such prospective
purchaser a certificate on forms provided by the division, a copy of
which shall be retained by such dealer and open at all times to the
inspection of the director or any of the officers or agent of the division.
Such certificate shall show the date of issuance, the person to whom
issued, the motor or serial number of the vehicle for the use of which
it is issued and the dealer’s license number, and shall be in the imme-
diate possession of the person operating such vehicle at all times while
so operating same. Such certificate shall entitle such person to operate
with dealer’s tags only on the day mentioned therein and not more
than two such certificates may be issued by a dealer to the same person
on successive days.

Motor vehicles, trailers and semi-trailers being so used shall actu-
ally be operated by such manufacturer or dealer or by a bona fide
officer or employee of such manufacturer or dealer.

(b) Every manufacturer of or dealer in motor vehicles, trailers
or semi-trailers, shall obtain and have in possession a certificate of title
issued by the division to such manufacturer or dealer, or to the imme-
diate vendor of such manufacturer or dealer for each motor vehicle,
trailer and semi-trailer operated upon the highways by such manufac-
turer or dealer, except that a certificate of title shall not be required,
but upon application therefor by such manufacturer or dealer, the
division shall issue a certificate of title, for any new motor vehicle,
trailer or semi-trailer to be sold as such by a manufacturer or dealer.

.(c) No manufacturer of or dealer in motor vehicles, trailers or
semi-trailers shall cause or permit any such motor vehicle, trailer or
semi-trailer owned by such person to be operated or moved upon a
public highway without there being displayed upon such motor vehicle,

trailer or semi-trailer a number plate or plates issued to such person,
either under section twenty of this act or under this section, except
as otherwise authorized in subsection (d) and (e) of this section.

(d) Any manufacturer of motor vehicles, trailers or semi-trailers
may operate or move or caused to be moved or operated upon the
highways for a distance of not exceeding twenty-five miles any such
motor vehicle, trailer or semi-trailer from the factory where manu-
factured or assembled, 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 dis-
playing in plain sight upon each such motor vehicle, trailer and semi-
trailer 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 motor
vehicle, trailer or semi-trailer upon the highways for a distance not
exceeding twenty-five miles from a vessel, railway depot, warehouse or
any place of shipment or from a factory where manufactured or
assembled to a sales room, warehouse or place of shipment, or trans-
shipment, without registering such motor vehicle, trailer or semi-
trailer and without number plates attached thereto, under a written
permit first obtained from the local police authorities having juris-
diction over such highways and upon displaying in plain sight upon
each such motor vehicle, trailer or semi-trailer a placard bearing the
name and address of the dealer authorizing or directing such move-
ment.

Section 23. Registration by non-residents.——The privileges extended
under subsection (a), (b), (d) and (e) of this section to non-resident
owners of foreign motor vehicles, trailers and semi-trailers operated
in this State are extended only on condition that the same privileges
are granted by the State, district or country wherein such non-resident
owners are residents, to residents of the State of Virginia operating
motor vehicles, trailers or semi-trailers in such State, district or
country.

(a) A non-resident owner, except as otherwise provided in this
section, owning any such passenger car which has been duly regis-
tered for the current calendar year in the State, district or country of
which the owner is a resident, 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 passenger car within or partly within
this State for a period of six months without registering such passen-
ger car or paying any fees to this State; but if at the expiration of such
six months such passenger car is still in this State, such owner shall
procure registration and license, and shall pay for such license from
the time operation of such vehicle in this State commenced. In order to

operate in this State on such foreign registration and number plate or
plates such non-resident owner who shall operate or permit the oper-
ation, or expect to operate or expect to permit the operation, of any
passenger car in this State for a consecutive period exceeding thirty
days, shall temporarily register on forms prepared and distributed by
the division, within the first thirty days of such period, with the chief
of police of the city or town in which such non-resident owner is tem-
porarily located in this State, or with the clerk of the corporation or
hustings court of the city or with the clerk of the circuit court of the
county in which such non-resident owner is temporarily located in this
State, or with the division, the passenger car so operated in this State,
stating the make of such passenger car, the motor number and serial
or other identification number of such vehicle, the license number as-
signed to such passenger car by his home State, district or country, and
his temporary address in this State. Upon registering a passenger
car, the chief of police, the clerk of court, or the division, as the case
may be, shall furnish such non-resident owner with a sticker prepared
and furnished by the division, on which shall be written such infor-
mation as the director shall require. Such non-resident owner shall
place such sticker on the front windshield of his passenger car and shall
maintain such sticker on such windshield at all times while operating
such passenger car in this State, or until he shall have procured Vir-
ginia registration and license therefor. Such non-resident owner shall
pay a fee of twenty-five cents for such temporary registration of such
passenger car to the chief of police or clerk registering such passenger
car. or in the event that such passenger car is so registered with the
division, he shall pay such fee to the division. It shall be the duty of
the chief of police or the clerk of the court so registering such pas-
senger car to forward such temporary registration to the division within
ten days of the time of such registration. Wilful failure, refusal or
neglect on the part of any chief of police or clerk of any such court,
to comply with the provisions of this subsection shall subject the per-
son who is guilty thereof to a fine of not less than ten ($10.00) dol-
lars, and not more than fifty ($50.00) dollars and may be ground for
removal from office. Charges for dereliction of the duties imposed by
this subsection shall be tried by the court of record having jurisdiction
over the officer whose neglect is complained of. Provided that in cities
of one hundred and twenty-five thousand or more population the
registration fee shall be paid to the motor vehicle division and the
chiefs of police of said cities shall not be liable to fine for failure to
comply with the provision.

If such non-resident owner shall fail to so register such passenger
car, in the manner and within the time herein provided, he shall, unless
excused by the director for good cause shown, at the expiration of such
thirty-day period, immediately procure the registration of and a license
for such passenger car.

(a-2) Provided, however, that any non-resident from a State or
political division that does not require the registration of a vehicle
like that owned by such non-resident when such vehicle is owned and
operated by a resident of Virginia in the State or political division in
which the foreign vehicle owned or operated by such non-resident is
registered, such non-resident shall not be required to register such
vehicle in this State; provided, however, that this subsection shall not
be construed as to permit the operation of any truck, trailer or semi-
trailer, the weight, length, width or height of which vehicle or com-
bination of vehicles is in violation of the provisions of this act, or at a
speed in violation of this act; nor shall the privileges provided in this
subsection apply to common carriers or passenger cars.

(b) Except as provided and permitted under the provisions of sub-
section (a-2) of this section a non-resident owner of a foreign motor
vehicle, trailer or semi-trailer, which is regularly operated in this State,
or from a point or points without this State to a point or points within
this State, or from a point or points within this State to a point or
points without this State, or through this State, for purposes other than
purposes of pleasure, shall, unless otherwise provided in this section,
register such vehicle and pay the same fees therefor as are required with
reference to like vehicles owned by residents of this State. Any such
owner who operates or permits to be operated one or more such ve-
hicles either simultaneously or alternately as often as four times in any
one month, shall be considered to be regularly operating such vehicle
and/or vehicles in this State.

Such non-resident owner, however, may operate cr permit the oper-
ation of foreign vehicles in this State as often as three times in any one
calendar month without the necessity of obtaining Virginia registration
of and licenses for foreign vehicles so operated only upon the follow-
ing condition:

The owners or the operators of such foreign vehicles operated in
this State shall, upon first entering this State, temporarily register on
forms prepared and distributed by the division, at the first available
registration point after entering this State, with the chief of police of
any city or town, with the clerk of a circuit, corporation or hustings
court, or with the division, the foreign vehicles so operated in this
State, stating the make of such foreign vehicles, the motor number and
serial number or other identification number of such foreign vehicles,
the license number assigned to such foreign vehicles by the State, dis-
trict or country in which such foreign vehicles are registered, and the
name and permanent address of the owners of such foreign vehicles.

For such temporary registration there shall be paid to the chief of
police or clerk, making such registration a fee of twenty-five cents for
every foreign vehicle so registered; in the event that such temporary
registration is with the division, such fee shall be paid to the division.
Upon the temporary registration cards to be issued under this subsection
there.shall be printed the day and month in the calendar year for which
issued. The operators of such foreign vehicles operated in this State,
shall, at all times while operating such foreign vehicles carry on their
person such temporary registration cards, and it shall be the duty of
such operators upon entering this State to immediately punch out of
such registration cards the date on which they entered this State.
Failure to procure such temporary registration cards, or to have such
registration cards in possession at all times, or to punch out the date
as herein required, shall serve to cancel the privileges extended to non-
residents under this subsection and to render such ron-residents liable
for the immediate registration of the foreign vehicles so operated.

It shall be the duty of each chief of police and of each clerk of a
circuit, corporation or hustings court upon being tendered the fee herein
provided to register any such foreign vehicle and to forward a copy of
such temporary registration to the division within ten days of the time
of such registration. Failure, refusal or neglect on the part of any
chief of police or clerk to comply with the provisions of this subsec-
tion, shall subject such chief of police or clerk to a fine of not less
than ten ($10.00) dollars and not more than fifty ($50.00) dollars, and
may be ground for removal from office. Charges for dereliction of
the duties imposed by this subsection shall be tried by the court of
record having jurisdiction over the officer whose neglect is com-
plained of.

In the event that a non-resident owner of a foreign motor vehicle
operates such vehicle for purposes other than pleasure as often as
four times a month in this State exclusively in interstate commerce, and
the license fee prescribed by this subsection for such non-resident owner
becomes inoperative at any time, such non-resident owner shall pay in
lieu thereof the following charges:

For each such vehicle whose gross weight is less than five thousand
(5,000) pounds the sum of one cent per mile for each mile operated over
the public highways of this State; for each such vehicle whose gross
weight is five thousand (5,000) pounds, but less than ten thousand
(10,000) pounds, the sum of one and one-half cents per mile so oper-
ated; for each such vehicle whose gross weight is ten thousand (10,-
000) pounds, but less than fifteen thousand (15,000) pounds, the sum
of two cents per mile so operated; and for each such vehicle whose
gross weight is fifteen thousand (15,000) pounds, or more, the sum
of two and one-half cents per mile so operated.

In the event that the mileage charge imposed by this subsection
becomes operative, the director shall collect such charges and pay the
same to the State Treasurer. For the purpose of co!lecting such charges
the director is authorized to promulgate such rules and regulations, ap-
point such deputies or agents and perform such other acts as shall be
reasonable, necessary and proper for the collection of such charges.
The State Treasurer shall, in the manner provided by law, pay out of
any funds so collected and paid to him the cost of the collection of said
charges, which payments shall be in addition to the appropriations

otherwise made to the Division of Motor Vehicles, but shall not exceed
the amount so collected and paid to the State Treasurer.

For the ptirpose of aiding in the enforcement of the provisions of
this subsection, with reference to the mileage charges, every non-resi-
dent operator required to pay such charges, while transporting property
in interstate commerce over the public highways of this State, shall at
all times cause to be in the possession of the person in charge of such
vehicle a bill of lading or way bill showing the point of origin and
destination of the property so transported. It shall be unlawful for any
such non-resident operator to fail or refuse to pay such charges, or to
have in his possession or exhibit any false or fraudulent bill of lading or
way bill.

For the purpose of this subsection “gross weight” shall be the weight
of the chassis (manufacturer’s shipping weight), plus one and one-half
times the manufacturer’s rated carrying capacity.

(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 such vehicle and pay the same fees
therefor as is required with reference to like vehicles owned by resi-
dents of this State.

(e) Notwithstanding the other provisions of this section, the direc-
tor, with the consent of the Governor, may extend to the owners of
foreign vehicles operated in this State the same privileges which are
granted by the State, district or country wherein the owners of such
foreign vehicles and residents, to residents of the State of Virginia
operating vehicles in such State, district, or country.

(f) It shall be unlawful and constitute a misdemeanor for any
person to operate a motor vehicle, trailer or semi-trailer, or for the
owner thereof to permit such motor vehicle, trailer or semi-trailer to
be operated in this State on a foreign dealers’ license, unless the oper-
ation of such motor vehicle, trailer or semi-trailer on such license is
specifically authorized by the director.

(g) It is specifically provided that any non-resident who becomes
engaged in a gainful occupation in this State for a consecutive period
exceeding sixty days and temporarily domiciled in this State while in
such gainful occupation, shall be deemed a resident of this State
for the purpose of this act and any such non-resident who shall operate
a motor vehicle in this State shall secure the registration thereof and
a license therefor.

(h) Each non-resident owner of a motor vehicle, trailer, or semi-
trailer making application for the registration thereof in this State, shall
file with such application a duly executed instrument, constituting the
director and his successors in office, his true and lawful attorney upon
whom all lawful process against and notice to such owner may be served
in any action or legal proceeding brought as the result of the operation
and/or use of any motor vehicle, trailer or semi-trailer registered by or

for him, within this State; and therein shall agree that any process
against or notice to such owner shall be of the same force and effect
as if served on such owner within this State; the service of such pro-
cess or notice shall be made by leaving a copy of the same in the office
of the director with a service fee of three ($3.00) dollars to be taxed
as a part of the costs of the suit. Said director shall forthwith notify
such owner of such service by letter directed to him at the post office
address stated in his application.

(1) The acceptance by a non-resident of the rights and privileges
conferred by this section as evidenced by his operating a motor vehicle,
trailer or semi-trailer hereunder, or by the operation by a non-resident
of a motor vehicle, trailer or semi-trailer on a highway in this State,
other than under this section, shall be deemed equivalent to an appoint-
ment by such non-resident of the director or his successors in office,
to be his true and lawful attorney upon whom may be served all lawful
process against and notice to such non-resident in any action or pro-
ceeding against him, growing out of any accident or collision on which
said non-resident may be involved while operating a motor vehicle,
trailer or semi-trailer on such highway, and said acceptance or oper-
ation shall be a signification of his agreement that any such process
against or notice to him, which is so served, shall be of the same
legal force and validity as if served on him personally. Service of
such process or notice shall be made by leaving a copy of the process
or notice, together with a fee of three ($3.00) dollars, plus one ($1.00)
dollar additional for each defendant to be thus served where there is
more than one such defendant, in the hands of the director, or in his
office in the city of Richmond, Virginia, and such service shall be suf-
ficient upon the said non-resident, provided, that notice of such service
and a copy of the process or notice are forthwith sent by registered
mail, with registered delivery receipt requested, by the director to the
defendant, or defendants, and an affidavit of compliance herewith by
the director or some one designated by him for that purpose and having
knowledge of such compliance shall be filed with the declaration or
notice of motion.

The court in which the action is pending may order such continu-
ances as may be necessary to afford the defendant reasonable oppor-
tunity to defend the action.

No judgment shall be entered against a non-resident under this or
the preceding subsection until after the process or notice has been served
as aforesaid, on the director, at least ten days.

Section 28. Transfer of title or interest—-(a) The owner of a
motor vehicle, trailer or semi-trailer registered under the foregoing
provisions of this act transferring or assigning his title or interest
thereto shall endorse an assignment and warranty of title upon the
reverse side of the certificate of title of such motor vehicle, trailer or
semi-trailer with a statement of all liens or encumbrances thereon, shall
acknowledge his signature thereto before a person authorized to ad-
minister oaths and shall deliver the certificate to the purchaser or
transferee at the time of delivering the motor vehicle, trailer or semi-
trailer.

(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 subdivision of this section, shall immediately forward such certi-
ficate to the division with an application for the registration of such
motor vehicle, trailer, or semi-trailer and for a certificate of title.

(c) When the transferee of such motor vehicle, trailer or semi-
trailer is a dealer who holds the same for resale and operates the same
only for sales purposes under a dealer’s number plate or when such
transferee does not drive such motor vehicle, trailer or semi-trailer nor
permit such motor vehicle, trailer or semi-trailer to be driven upon the
highways, such transferee shall not be required to register such motor
vehicle, trailer or semi-trailer nor forward the certificate of title to the
division, as provided in the preceding paragraph, but such transferee
upon transferring his title or interest to another person shall give notice
of such transfer to the division 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 division, upon receipt of a certificate of title properly as-
signed and acknowledged, accompanied by an application for registra-
tion, shall register the motor vehicle, trailer or semi-trailer therein de-
scribed and shall issue to the person entitled thereto by reason of such
transfer a new registration card, number plate or plates, and a certifi-
cate of title in the manner and form for the fees herein provided for
original registration.

(e) Whenever the applicant for the registration of a motor vehicle,
trailer or semi-trailer 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 division 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 division is satis-
fied that the applicant is entitled thereto, is hereby authorized to register
such motor vehicle, trailer, or semi-trailer and issue a new registration
card, number plate or plates and certificate of title to the person entitled
thereto.

(f) Except as otherwise provided in subsection (g) of this section,
in the event of the transfer by operation of law of the title or interest
of an owner in and to a motor vehicle, trailer, or semi-trailer registered
under the provision of this act, as upon inheritance, devise or bequest,
order in bankruptcy or insolvency, execution sale, repossession upon
default in the performing the terms of a lease or executory sales con-
tract or otherwise than by the voluntary act of the person whose title
or interest is so transferred, the transferee or his legal representative
shall make application to the division for a certificate of title therefor,

giving the name and address of the person entitled thereto, and accom-
pany such application with the registration card and certificate of title
previously issued for the motor vehicle, trailer or semi-trailer, if avail-
able, together with such instruments or documents of authority, or cer-
tified copies thereof, as may be required by law to evidence or effect a
transfer of title or interest in or to chattels in such case. The division
when satisfied of the genuineness and regularity of such transfer, shall
cancel the registration of such motor vehicle, trailer or semi-trailer
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
motor vehicle, trailer or semi-trailer.

(g) An owner who sells or transfers a registered motor vehicle,
trailer or semi-trailer may have the number plates and the registration
number thereon, assigned to another vehicle of like design and weight
titled in such owner’s name according to the provisions of this act,
upon application to the division, accompanied by a fee of one ($1.00)
dollar, or if such other vehicle be of greater weight or different design
from that for which such number plates were assigned, upon the pay-
ment of a fee of one ($1.00) dollar and the amount of the difference in
registration fees between the two vehicles, all such transfers to be in
accordance with the rules and regulations of the division.

The purchaser of a motor vehicle, trailer, or semi-trailer bearing
registration number plates of the current year may, with the consent
of the previous owner, have the registration number thereon assigned to
him upon application to the division, accompanied by a fee of one
($1.00) dollar, all such transfers to be in accordance with the rules
and regulations of the division. Provided, however, that no other trans-
fer of license plates by such purchaser from the vehicle so purchased
shall be made within thirty (30) days from the date of the original
assignment of such license plates. Upon the death of an owner of a
registered motor vehicle, trailer or semi-trailer, its registration shall
continue in force as a valid registration until the end of the year for
which such license are issued or until the ownership of such motor
vehicle, trailer or semi-trailer shall be transferred, before the end of
such year, by the executor or administrator of the estate of such de-
ceased owner, or by a legatee or distributee of such estate.

Section 32. When the registration or certificate of title or operator’s
or chauffeur’s license may be refused—The division may refuse to
grant an application for the registration of motor vehicle, trailer or
semi-trailer or certificate of title therefor or an operator’s or chauf-
feur’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
division with the information required in the appropriate official form
or reasonable information required by the division.

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

(d) When the vehicle is not equipped with proper brakes, proper
lights, proper horn or warning devices, proper mirror, muffler or cut-
out, windshield wiper, proper steering gear, adequate to insure the safe
control of the vehicle, or when such vehicle is equipped with a smoke
screen device, or when required by law, a proper electrical or mechani-
cal device.

(e) When an applicant, if not a resident of this State, has not filed
with the director a power of attorney appointing him the applicant’s
authorized agent or attorney-in-fact upon whom process or notice may
be served as required in section twenty-three of this act.

Section 33. When registration shall be revoked.—(a) The division
shall revoke, rescind and cancel the registration of any motor vehicle,
trailer or semi-trailer which the division shall determine is unsafe or
unfit to be operated or is not equipped with proper brakes, proper lights,
proper horns or warning devices, proper mirror, muffler or cut-out,
windshield wiper or proper steering gear adequate to insure the safe
control of the vehicle as required by this act, or when such vehicle is
equipped with a smoke screen device, or when required by law a proper
electrical or mechanical signalling device.

(b) The division shall revoke, rescind and cancel the registration
of a motor vehicle, trailer or semi-trailer, and shall revoke, rescind, can-
cel or repossess the registration card, registration or license number
plate or plates, or operator’s license or chauffeur’s license, whenever
the person to whom the registration card, or registration or license
number plate or plates or operator’s or chauffeur’s 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.

(c) Should any person, firm or corporation, after receiving a
license from the Director of the Division of Motor Vehicles, as herein
provided, operate or attempt to operate, in unlawful competition with
the holder of a motor vehicle carrier’s certificate, such person, firm or
corporation shall be deemed guilty of a misdemeanor; and, upon con-
viction thereof before any court having jurisdiction of the territory
within which any part of such operation or competition takes place shall
be fined not less than fifty ($50.00) dollars nor more than two hundred
and fifty ($250.00) dollars, and each day’s operation or competition
shall constitute a separate offense, and upon receiving a record of such
conviction, the director shall revoke all motor vehicle license and regis-
tration of such convicted person, firm or corporation, which revocation
shall continue until the fine and cost imposed have been paid. But
nothing contained in this subsection shall apply to taxicabs and for-hire
vehicles for the transportation of passengers whose business originates
in cities and towns but who may make occasional trips outside of such
corporate limits.

(d) From any such action by the division, an appeal shall lie as
of right to any court of record having competent jurisdiction.
(e) It shall be unlawful for the owner of any motor vehicle, trailer
or semi-trailer, license for which has been revoked pursuant to the pro-
visions of this section, to fail or refuse to surrender and deliver up to
the division or any of its officers upon demand, registration card and
license tags so revoked, and any person convicted of a violation of this
provision shall be punished by a fine of not less than fifty ($50.00)
dollars nor more than fite hundred ($500.00) dollars or by imprison-
ment in jail for not less than thirty days or by both such fine and im-
prisonment.

Section 34. Notice of theft or embezzlement of vehicles—Whenever
the owner of any motor vehicle, trailer or semi-trailer which is stolen
or embezzled, notifies the division of such theft or embezzlement, pro-
vided in the event of an embezzlement, the owner shall have first pro-
cured a warrant for the arrest of the persons charged with such em-
bezzlement the division shall immediately suspend the registration of
such motor vehicle, trailer or semi-trailer until such time as it shall be
notified that the owner has recovered such motor vehicle, trailer or
semi-trailer, but notices given as heretofore provided shall be effective
only during the current registration year in which given, but if during
such year such motor vehicle, trailer or semi-trailer 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 immedi-
ately notify the division of the recovery of such motor vehicle, trailer
or semi-trailer.

(a) Whenever any motor vehicle, trailer or semi-trailer is aban-
doned or found on the paved or improved surface of any highway or
adjacent thereto, unaccompanied by the owner or operator thereof, and
if such motor vehicle, trailer or semi-trailer constitutes a hazard in the
use of the highways by reason of its abandonment thereon, it shall be
the duty of any sheriff, constable, police or other peace officer discover-
ing or having a report of same, to remove it or have it removed to the
nearest storage garage for safekeeping and that fact shall be immediately
reported to the division or some officer or agent of the division and to
the owner of such motor vehicle, trailer or semi-trailer, as promptly as
possible, and such owner, before obtaining the possession of such motor
vehicle, trailer or semi-trailer, shall pay to the parties entitled thereto
all reasonable necessary costs incidental to the removal and/or storage
of such motor vehicle; and should such owner fail or refuse to pay
such costs or should the identity or whereabouts of such owner be
unknown and unascertainable after a diligent search has been made or
after notice to such owner at his address as indicated by the records of
the division, and to the holder of any lien, of record in the office of the
division in Richmond, Virginia, against such motor vehicle, trailer, or
semi-trailer, the director may, after thirty days and after determining
the value of such motor vehicle, trailer or semi-trailer by three disin-
terested dealers or garagemen, dispose of same by public or private
sale, and the proceeds accruing from such sale shall be forthwith paid
by him into the treasury and shall be set aside as a special fund in the
treasury to be used to meet the necessary additional expenses incurred
by the division in the performance of the duties required by this provi-
sion and to reimburse the owner of such motor vehicle, trailer or semt-
trailer, as hereafter provided.

If after the sale or other disposition of such motor vehicle, trailer
or semi-trailer, the ownership thereof at the time of its discovery and/or
removal is established satisfactorily to the director by the person claim-
ing such ownership, he shall be paid by the director so much of the
proceeds from the sale or other disposition of such motor vehicle, trailer
or semi-trailer as remains after paying the costs of removal, storage,
investigation as to ownership, appraisement and sale.

Section 39. Making false affidavit or swearing falsely, perjury.—
Any person who shall knowingly make any false affidavit or shall know-
ingly swear or affirm falsely to any matter or thing required by the
terms of this act or as to any information required by the Director of
the Division of Motor Vehicles, incidental to his administration of the
several provisions of this act, to be sworn to or affirmed, shall be guilty
of perjury, and upon conviction thereof, shall be punishable by a fine and
imprisonment as other persons committing perjury are punishable.

Section 43. Receiving or transferring stolen vehicles—(a) Any
person who with intent to procure or pass title to a motor vehicle, trailer,
or semi-trailer 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,
trailer or semi-trailer which he knows or has reasons to believe has been
stolen, and who is not an officer of 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 punished as provided in section one hundred
and nineteen of this act.

(b) Any person who shall sell, trade, exchange or barter a motor
vehicle, trailer or semi-trailer in this State without first having secured
a certificate of title therefor from the division, or without legally having
in his or her possession a certificate of title therefor issued by the divi-
sion to the owner thereof, except as otherwise provided in this act,
shall be guilty of a misdemeanor and shall be punished as provided in
section one hundred and eighteen of this act.

(c) Any person who shall purchase, trade, exchange or barter for a
motor vehicle, trailer or semi-trailer in this State, knowing or having
reason to believe that the vendor thereof has not secured a certificate
of title from the division, or knowing or having reason to believe that
the vendor thereof does not legally have in his or her possession a
certificate of title therefor issued by the division to the owner thereof,
except as otherwise provided in this act, shall be guilty of a misde-
meanor and shall be punished as provided in section one hundred and
eighteen of this act.

Section 44. Injuring vehicles——(a) Any person who shall individu-
ally, or in association with one or more others wilfully break, injure,
tamper with or remove any part or parts of any motor vehicle, trailer
or semi-trailer for the purpose of injuring, defacing or destroying such
motor vehicle, trailer or semi-trailer, or temporarily or permanently pre-
venting its useful operation, or for any purpose against the will or with-
out the consent of the owner of such motor vehicle, trailer or semi-
trailer, or who shall in any other manner wilfully or maliciously inter-
fere with or prevent the running or operation of such motor vehicle,
trailer or semi-trailer, shall be guilty of a misdemeanor.

(b) Any person who shall individually, or in association with one
or more others remove, change or alter any motor number, serial or
other identification number, without the consent of the division, shall
be guilty of a misdemeanor and shall be punished as provided in sec-
tion one hundred and eighteen of this act.

(c) Any person who shall knowingly have in his or her possession
a motor vehicle, trailer or semi-trailer, the motor number, serial num-
ber or identification number of which has been removed, changed or
altered without the consent of the division, shall be guilty of a misde-
meanor and shall be punished as provided in section one hundred and
eighteen of this act. ,

Section 46. Altering or forging certificate of title, a felony —Any
person who shall alter, with fraudulent intent, any certificate of title or
registration card or license plate or plates issued by the division, or
forge or counterfeit any certificate of title or registration card, license
plate or plates purporting to have been issued by the division 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, license plate or plates,
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 one hundred and nineteen of this act.

The owner of a vehicle if operating same when such vehicle has
altered or forged license plates thereon, used as identification plates,
shall be deemed to have knowledge of such alteration or forgery.

Section 53. Uniform marking and signing of highways.—The State
Highway Commission is hereby authorized to classify, designate and
mark State highways and to provide a uniform system of marking and
signing such highways under the jurisdiction of this State, and such
system of marking and stgning shall correlate with and so far as pos-
sible conform to the system adopted in other states. The driver of a
motor vehicle, trailer or semi-trailer shall stop, slow down or regulate
the speed of such motor vehicle, trailer or semi-trailer to accord with
requirements of road signs erected upon the authority of the highway
commission or local authorities in cities and towns and the failure of
such driver to comply with this provision shall constitute a misde-
meanor and upon conviction shall be punished in accordance with the
provisions of section one hundred and eighteen.

(a) The territory contiguous to a highway where seventy-five per
centum or more of the frontage thereon for a distance of three hundred

(300) feet or more is occupied by buildings in use for business pur-
poses shall constitute a business district for purposes of this act.

(b) The territory contiguous to a highway not comprising a busi-
ness district, where seventy-five per centum or more of the frontage
thereon for a distance of three hundred (300) feet or more is mainly
occupied by dwellings or by dwellings and buildings in use for busi-
ness purposes, shall be defined as a residence district for purposes of
this act.

Section 58. Penalty for failure to stop in event of accident in-
volving personal injury—Every person convicted of violating subsec-
tion (a) of section fifty-seven of this act, shall be punished by imprison-
ment in jail for not less than thirty days nor more than one year, or
in the State penitentiary for not less than one year nor more than five
years, or by fine of not less than twenty-five dollars nor more than five
thousand dollars, or by both such fine and imprisonment.

Section 62. Restrictions as to speed; reckless driving—(a) Any
person driving a vehicle on a highway shall drive the same at a caretul
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. 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, or so as to cause con-
gestion on the highway, shall be prima facie guilty of reckless driving.

(b) Any person who shall drive at a speed exceeding the speeds set
forth in this subsection shall be prima facie guilty of reckless driving:

First. 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.

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

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

Fourth. Such speed as shall be fixed by the State Highway Com-
mission or the legislative authorities of cities and towns for congested
areas or at dangerous points on the highways, which areas or points
are clearly indicated by markers or signs.

Fifth. 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 prohib-
ited. :

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

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

Third. Passing or attempting to pass two other vehicles abreast
moving in the same direction. ,
Fourth. Violating the provisions of the right of way laws, as set
out in sections seventy-six and seventy-seven hereof.

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

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

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

Kighth. Driving a vehicle out of an alley, lane or building or across
a sidewalk into a street, without first bringing such vehicle to a full
stop immediately before crossing such sidewalk.

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

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

Eleventh. Passing a school bus while taking on or discharging school
children, whether going in the same or an opposite direction, at a greater
speed than five miles per hour.

Twelfth. Failure of the operator of a motor vehicle, trailer or
semi-trailer to stop, slow down or regulate the speed of same to accord
with the requirements of road signs erected by or upon the authority
of the Highway Commission or local authorities in cities and towns.

Thirteenth. Coasting or operating a motor vehicle with the gears in
neutral.

(d) Anv person convicted of reckless driving as defined in this
section, shall be guilty of a misdemeanor and punished as provided in
section sixty-one of this act.

Section 63. Special speed limitation on bridges——It shall be un-
lawful to drive any motor vehicle, trailer or semi-trailer upon any pub-
lic bridge, causeway or viaduct at a speed exceeding that indicated as
a maximum by signs posted thereon or at its approach by or upon the
authority of the State Highway Commission.

The State Highway Commission, upon request, or upon its own
initiative may, conduct an investigation of any public bridge, causeway
or viaduct, and the commission shall determine and declare the maxi-
mum speed of vehicles which such structure can withstand, and shall
cause or permit suitable signs stating such maximum speed to be
erected and maintained at a distance of one hundred feet beyond each
end of such structure. The findings and determination of the com-
mission shall be conclusive evidence of the maximum speed which can
with safety to any such structure be maintained thereon.

Section 75. Signals on starting, stopping, or turning—-(a) Every
driver who intends to start, stop, or turn, or partly turn 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 intention to make such move-
ment.

(b) The signal herein required shall be given by means of the
hand and arm, or by some mechanical or electrical device approved by
the director after this section takes effect, in the manner herein speci-
fied. 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 continuously for a distance of at
least fifty feet before slowing down, stopping, turning, partly turning,
or materially altering the course of the vehicle.

(g) Drivers having once given a hand, electrical or mechanical
device 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
vehicle under complete control, and shall be able to avoid an accident
resulting from a misunderstanding 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, as hereinbefore provided, before turning in the direc-
tion the vehicle will proceed from the curb.

Section 84. Vehicles must slow down at certain steam railway grade
crossings.—(a) Except in cities and towns it shall be the duty of
every person driving any vehicle on a highway, on approaching a place
where a railway crosses such highway at grade, at which crossing no
railway gates are maintained or no flagman is stationed and on duty at
the time, to bring his vehicle to a speed not exceeding five miles per
hour before passing over such crossing, at a distance of not less than
fifty feet, from the nearest rail of such railway tracks; provided, how-
ever, every school bus or other motor vehicle used primarily for the
transportation of school children shall be brought to a stop before
crossing the nearest rail of such railway tracks, but failure to so stop
shall not relieve the railway company from liability in any case where
the company would otherwise be liable; provided, every such person
shall stop at such crossing where gates are maintained when such
gates are closed down, or being lowered, and where a flagman is sta-
tioned and on duty at the time, whenever signalled to stop by such
flagman.

(b) The provisions of this section shall not change or alter in any
manner the existing laws as to the duty or liability of railway compa-
nies for damages to persons or property, and failure to comply with the
provisions of this section on the part of the driver of the vehicle shall
not be considered contributory negligence in an action against the
railway company for damage to persons or property, whether the same
be injury to the person or property of the driver or any other person.
And it shall not be necessary to establish the fact that the driver com-
plied with the provisions of this section in order to recover in any
action for damages to persons or property against a railway company.

(c) Except in cities and towns it shall be the duty of steam rail-
way companies to erect and maintain, at every point where a public
highway crosses such railway at grade, and on which line trains other
than purely local trains are operated, a sign, visible for one hundred
feet on each side of its tracks with the words, “slow down, five miles—
Virginia law,” in letters at least six inches in height, painted in black
upon a white background. Such signs shall be rectangular in shape,
and of sufficient height to carry in two lines the words above required,
and shall be of proportionate length.

(d) Whenever, in the opinion of the State Corporation Commis-
sion, after giving notice and hearing as prescribed by law, the public
interest requires that a gate be erected or maintained, or a flagman sta-
tioned at any highway crossing within five miles of the corporate limits
of any city or town of this Commonwealth, it shall give the superin-
tendent or manager of the railroad written notice that the same is re-
quired ; and the company shall, within the time prescribed by the com-
mission, erect and maintain at such crossing the character of gate di-
rected by the commission, and keep a man in charge of the same during
such hours as the commission may designate, or keep a flagman at such
crossing during such hours as it may require. And the said commission
may authorize the discontinuance of such gate or flagman whenever, in
its judgment, the public interest no longer requires the same; and, pro-
vided, however, that nothing herein contained shall affect any such
gates or flagman heretofore established or maintained by agreement.

Section 94. Lighting equipment of vehicles—(a) Every vehicle
operated or moved upon a highway within this State, shall at all times
be equipped with lamps as are in this section respectively required for
different classes of vehicles, which lamps shall at all times be capable
of being lighted, except as herein otherwise provided.

(b) Head lamps on motor vehicles—Every motor vehicle other
than a motorcycle, road roller, road machinery or tractor used on a
highway shall be equipped with two head lamps, no more or less, of
equal candle power, at the front of and on opposite sides of the motor
vehicle, which head lamps shall comply with the requirements and
limitations hereinafter set forth and shall be of a type which has been
approved by the director.

Provided, however, that special lamp or light designed for the pur-
pose of penetrating fog and for safe driving in bad weather may be
used with the approval of the director. ,

(c) Head lamps on motorcycles—Every motorcycle shall be
equipped with at least one and not more than two head lamps which
shall be of a type that has been approved by the director and shall be
capable of projecting sufficient light to the front of such motorcycle to
render discernible a person or object at a distance of two hundred
(200) feet, but shall not project a glaring or dazzling light to persons
approaching such motorcycles.

(d) Rear lamps.—Every motor vehicle, trailer or semi-trailer which
is being drawn at the end of one or more other vehicles, or motorcycles,
shall carry at the rear a lamp capable of exhibiting a red light plainly
visible under normal atmospheric conditions from a distance of three
hundred (300) feet to the rear of such vehicle and such rear lamp shall
be so constructed, and so mounted in its relation to the rear license
plate as to illuminate by a white light such license plates so that same
may be read from a distance of fifty feet to the rear of such vehicle, or
a separate white light shall be so mounted as to illuminate and make
visible such rear license from a distance of fifty feet to the rear of
such vehicle, such rear light and/or special white light to be of a type
that has been approved by the director.

(e) Lamps on bicycles—Every bicycle shall be equipped with a
lamp on the front thereof which will give a light visible under normal
atmospheric conditions from a distance of at least three hundred (300)
feet in front of such bicycle and shall also be equipped with a lamp on
the rear which will exhibit a red light visible under light conditions
from a distance of at least three hundred (300) feet to the rear of
such bicycle.

(f) Lamps on other vehicles——AlIl vehicles not heretofore in this
section required to be equipped with specified lamps shall carry one or
more lamps or lanterns capable of projecting a white light to the front
and red to the rear visible under normal atmospheric conditions from
a distance of not less than three hundred (300) feet to the front and
rear of such vehicles.

In lieu of the rear light on bicycles provided for in subsection (e)
of this section and of lamps or lanterns to be carried by other than
self-propelled vehicles, there may be substituted reflex reflectors to be
permanently affixed to the rear of bicycles and to the rear and front
of such vehicles other than self-propelled vehicles to be of a type, size
and color approved by the director.

(g) Dimension or marker lights—AIl motor vehicles exceeding
seven feet in height or in width or the widest portion of which extends
four inches beyond the front fender extremes shall be equipped with
lamps mounted at the extreme right and left hand front top corners
of such vehicle, each of which lamps shall be capable of projecting a
green light visible under normal atmospheric conditions for a distance
of at least three hundred (300) feet to the front of such vehicle, and
shall be equipped with lamps mounted at the extreme right and left
hand rear top corners of such vehicle, each of which lights shall be
capable of projecting a red light visible under normal atmospheric con-

ditions for a distance of at least three hundred (300) feet to the rear
of such vehicle. If the front and/or the rear of such vehicles shall
not be the widest portions of such vehicle the dimension or markets
lights required in this subsection shall be mounted on the widest por.
tions of the vehicle with the green lights herein required visible from
the front as herein required, and the red lights herein required visible
from the rear as herein required. The lamps herein required shall be
of a type that has been approved by the director.

(h) Any motor vehicle or motorcycle may be equipped with not to
exceed one spotlight or ditch light which when lighted shall be aimed
and used so that no portion of the beam will be directed to the left of
the center of the highway at any time or more than one hundred (100)
feet ahead of the vehicle, and shall be of a type that has been approved
by the director. No such spotlight shall be used in conjunction with
or as a substitute for required headlights, except in case of emergency.

_(1) Any motor vehicle may be equipped with not to exceed two side
lamps of not more than six candle power; interior light of not more
than fifteen candle power ; vacant or destination signs on vehicles oper-
ated as public carriers, and signal lamps. No motor vehicle shall be
operated upon a highway in this State equipped with lamps other than
those permitted under this subsection unless such lamps shall be of a
type approved by the director.

(j) No motor vehicle shall be operated on any highway which is
equipped with any lighting device other than lamps required or per-
mitted in this act or required or permitted by the director.

(k) If natural light is insufficient to enable the operator of a
vehicle to discern an object at a distance of three hundred (300) feet
the lamps in this section respectively required for different classes of
vehicles shall be lighted. It shall be unlawful and constitute a mis-
demeanor for any person to violate the provisions of this subsection:
provided, however, that if the driver of the vehicle at the time that he
is stopped by the arresting officer shall have in his vehicle and shall
display to such officer a complete set of spare bulbs and fuses for re-
quired lights and shall in the presence of the officer install such bulbs
or fuses as may be necessary to have the vehicle lighted as in this act
required, the arresting officer and/or any court may consider the pos-
session and installation of such spare bulbs and fuses as a mitigating
circumstance or a complete bar to a prosecution under this subsection.

Section 95. Requirements as to head lamps.—(a) The head lamps
of motor vehicles shall be so constructed, arranged, and adjusted that
they will at all times when such motor vehicle is in motion, under
normal atmospheric conditions produce a driving light sufficient to
render clearly discernible a person or object at least two hundred
(200) feet ahead, but shall not project a glaring or dazzling light to
persons approaching such head lamps.

(b) Head lamps shall be deemed to comply with the foregoing
provisions prohibiting glaring and dazzling lights, if none of the main
portion of the head lamp beam rises above a horizontal plane passing

through the lamp centers and parallel with the level road upon which
the loaded vehicle stands. In no case shall the beam rise higher than
forty-two (42) inches, seventy-five feet ahead of the vehicle.

(c) Whenever a vehicle is being operated upon a highway or a
portion thereof which is sufficiently lighted to reveal any person or
object upon such way at a distance of two hundred (200) feet ahead
of such vehicle, it shall be the duty of the operator of such motor
vehicle to control by shifting, depressing, or tilting the headlight
beams thereof downward, while operating on such lighted highway.

Section 96. Acetylene lights—Motor vehicles may be equipped with
two acetylene head lamps of approximately equal candle power when
equipped with clear plain glass fronts, bright, six-inch spherical mir-
rors and standard acetylene five-eighths’ foot burners, not more and
not less, and which project a driving light sufficient to render clearly
discernible a person upon the roadway within a distance of two hundred
feet but must not project a glaring or dazzling light into the eyes of
approaching drivers.

(a) Vehicles equipped with acetylene lights as hereinbefore pro-
vided shall also be equipped with a rear lamp of acetylene type, which,
when lighted, shall project a red light visible for a distance of three
hundred (300) feet to the rear of the vehicle and shall be so constructed
as to illuminate by a white light the rear license plate of such vehicle
so as to be read for a distance of fifty (50) feet from the rear of such
vehicle.

Section 97. Head lamp specifications, tests and approval—(a) The
director is authorized and required to determine whether any head
lamps of a type sold for use or used upon any motor vehicle, trailer
or semi-trailer will comply with the requirements of section ninety-five
and the specifications adopted by him for laboratory tests. The direc-
tor is authorized to adopt current specifications of the society of auto-
motive engineers for such laboratory tests. He shall publish lists of
approved devices by name and type.

(b) It shall be unlawful to operate any motor vehicle upon the
highways of this State unless equipped with headlights of a type ap-
proved by the director and/or conforming to the specifications adopted
by the director as provided for in subsection (a) hereof.

Section 99. Brakes—(a) Every motor vehicle when operated upon
a highway shall be equipped with brakes adequate to control the move-
ments of and to stop such vehicle or vehicles, and such brakes shall be
maintained in good working order and shall conform to regulations
provided in this section.

(b) No person having control or charge of a motor vehicle shall
allow such vehicle to stand on any highway unattended without first
effectively setting the hand brake thereon, stopping the motor and turn-
ing the front wheels into the curb or side of the highway.

(c) On a dry, hard, approximately level stretch of highway free
from loose material, the service (foot) brake shall be capable of ‘stop-
ping the motor vehicle at a speed of twenty (20) miles per hour within
a distance of twenty-five (25) feet with four wheel brakes or forty-five

(45) feet with two wheel brakes. The hand brake shall be capable of
stopping the vehicle under like conditions of this section within a
distance of not more than seventy-five (75) feet.

(d) Motor trucks and tractor-trucks with semi-trailers attached,
shall be capable of stopping on a dry, hard, approximately level high-
way free from loose material at a speed of twenty (20) miles per
hour within the following distances; thirty feet with both hand and
service brake applied simultaneously and fifty feet when either is ap-
plied separately, except that vehicles maintained and operated perma-
nently for the transportation of property and which were registered in
this or any other State or district prior to August, nineteen hundred
and twenty-nine, shall be capable of stopping on a dry, hard, approxi-
mately level highway free from loose material at a speed of twenty
(20) miles per hour within a distance of fifty (50) feet with both
hand and service brake applied simultaneously and within a distance of
seventy-five (75) feet when either applied separately.

(e) Every semi-trailer or trailer or separate vehicle attached by a
draw bar, chain or coupling to a towing vehicle and having a rated
and/or actual carrying capacity of two tons, or more, shall be
equipped with brakes controlled or operated by the driver of the tow-
ing vehicle, which shall conform to the specifications set forth in
subsection (d) of this section and shall be of a type approved by the
director.

Section 100. Steering gear.—Every motor vehicle being operated
upon a highway shall be equipped with steering gear adequate to insure
the safe control of the vehicle and shall not show signs of weakness or
breaking under ordinary conditions. And the director may adopt and
promulgate standards of adequacy of steering gear, which shall be the
current standard specifications of steering gear adopted by the United
States Bureau of Standards or the society of automotive engineers, for
determining whether or not any motor vehicle operated upon any high-
way conforms to the requirements of this division.

Section 105. Prevention of noise, smoke, et cetera, muffler, cut-out
and straight exhaust regulated—(a) No person shall drive a motor
vehicle upon a highway unless such motor vehicle is equipped with a
muffler in good working order and in constant operation to prevent
excessive or unusual noise, annoying smoke and the escape of excessive
gas, steam or oil. All exhaust pipes carrying exhaust gases from the
motor shall be directed parallel with the ground or slightly upward.

(b) It shall be unlawful for any motor vehicle to be equipped with
or for any person to use a “muffler cut-out” or “straight exhaust”
while such motor vehicle is being operated upon a highway.

(c) No vehicle shall be operated or moved on any highway unless
such vehicle is so constructed as to prevent its contents from dropping,
sifting, leaking or otherwise escaping therefrom.

(d) No vehicle which is designed and/or used for the purpose of
hauling logs, poles or lumber shall be operated or moved over any
highway unless its load is securely fastened by chain or metal cable so
as to prevent the shifting or falling of such load from the vehicle.
Section 106. Signal devices—(a) Any motor vehicle which is so
constructed or carries a load in such a manner as to prevent a hand
and arm signal required in section seventy-five of this act from being
visible both to the front and rear of such vehicle, shall be equipped
with a mechanical or electrical signal device which meets the require-
ments of this act and is of a type that has been approved by the director.

(b) Every device intended and used to give a signal ot intention
to turn or to stop a vehicle, shall be so designed and installed as to
give a signal plainly visible at all times from a distance of at least one
hundred (100) feet at a point perpendicular to the rear and on a line
adjacent to the longitudinal axis of the vehicle on which it 1s installed
and used, and anywhere along the line between this point and fifty
(50) feet from the rear of the vehicle.

(c) The. director is authorized to adopt and enforce rules and
regulations not inconsistent with this section governing the construc-
tion, locating and operation of signal devices and the color of lights
which may be used in any such signal devices. The director is author-
ized to accept a certificate of the United States bureau of standards or
some other recognized testing laboratory having an arrangement with
the said bureau by which appeal may be made to it in case of dispute
as to the findings of such other laboratory, which certificate certifies
that the signal device is of a type which has been found to meet the
regulations of the director with reference thereto.

Section 107. Lighting, warning and signal device approval certifi-
cates.—(a) It shall be unlawful for any person to possess with intent
to sell, sell or offer for sale either separately or as a part of the equip-
ment of a motor vehicle or to use or have as equipment upon a motor
vehicle operated on a highway any lighting device, horn or warning
device, or signal device, or combination thereof, or mirror or wind-
shield wiper, or the part or parts tending to change or alter the oper-
ation of such device or devices, unless of a type that has been submitted
to and approved by the director. Each such device shall bear thereon
a trade-mark or name and shall be accompanied by printed instruc-
tions as to the proper mounting, use and candle power of bulbs to be
used therewith and any particular methods of mounting or adjustments
necessary to meet the requirements of this act, and any rule or regu-
lation of the director.

(b) The director when having reason to believe that an approved
lighting device, horn or warning device or signal device, or mirror or
windshield wiper sold commercially does not under ordinary conditions
of use comply with the requirements of this act, may, after notice to
the manufacturer thereof suspend or revoke the certificate of approval
issued therefor, until or unless such device is resubmitted to and re-
tested by an authorized testing agency and is found to meet the require-
ments of this act. The director may at the time of retest purchase
in the open market and submit to the testing agency one or more sets
of such approved device, and if such device upon such retest fails to
meet the requirements of this act the director may permanently revoke
the certificate of approval of such device.

(c) A certificate of approval hereafter issued by the director, for
any of the above enumerated devices, shall expire and be void two (2)
years from date of issue, unless the manufacturer shall have, prior
to the expiration date, made application for renewal of such certificate,
furnished two samples for test purposes in accordance with this act,
together with the fee hereinafter provided, and a new certificate of
approval shall have been issued. All approvals in force and effect at
the time of the enactment of this act shall expire two (2) years from
the time this act takes effect.

(d) The director shall approve methods of brake testing and head
light testing. Approval of the use of mechanical brake and light testing
equipment may be given by the director. When necessary, the director
may call upon the United States bureau of standards or some other
recognized testing agency to assist him in determining whether such
mechanical testing equipment shall be approved for the purpose set
forth in this act.

Section 111. Size of vehicles and loads——(a) No vehicle shall ex-
ceed a total outside width, including any load thereon, in excess of
ninety-six inches, excepting the farm tractor shall not exceed one hun-
dred and eight inches, and excepting, further, that the limitations as
to size of vehicles stated in this section shall not apply to implements
of husbandry temporarily propelled or moved upon the highway.

(b) No vehicle unladen or with load shall exceed a height of twelve
feet, six inches.

(c) No vehicle shall exceed a length of thirty-three (33) feet, and
the actual length of any combination of vehicles coupled together shall
not exceed a total length of forty-five (45) feet, exclusive of coupling;
provided, however, the State Highway Commission in cases of emer-
gency may permit combinations in excess of forty-five (45) feet, ex-
clusive of coupling where the object or objects to be carried cannot be
moved otherwise, and, provided, further, that any person now owning
and operating any motor vehicle, semi-trailer or trailer, which is now
licensed under the laws of the State of Virginia, or any combination
of not more than two vehicles excess of forty-five (45) feet exclusive
of coupling, shall be permitted to operate with the consent of the High-
way Commission such vehicle or combination of vehicles until April
first, nineteen hundred and thirty-four; provided, this subsection shall
not apply to a combination of three vehicles with a gross weight
including vehicle and load of not exceeding twenty thousand pounds or
less until April first, nineteen hundred and thirty-four; and provided,
further, that the combination of vehicles is registered at this time.

(d) No train of vehicles or vehicle operated alone shall carry any
load extending more than three feet beyond the front thereof.

(e) No vehicle shall carry any load extending beyond the line of
the fender or body on the left side of such vehicle nor extending more
than six inches beyond the line of the fender or body on the right
side thereof.

Section 112. Trailers and towed vehicles—(a) No motor vehicle
shall be driven upon a highway drawing or having attached thereto

more than one other vehicle; provided, however, in the cities of this
Commonwealth, the councils of the said cities may, in their discretion,
by general ordinance, permit motor vehicles to be driven upon the
streets of their respective cities drawing or having attached thereto
more than one other vehicle, trailer or semi-trailer, and provided,
further, that any person now owning and operating any combination
of tractor and semi-trailer or truck and one trailer, which is now
licensed under the laws of the State of Virginia, shall be permitted to
operate with the consent of the Highway Commission such combination
of semi-trailer and one trailer until April first, nineteen hundred and
thirty-four.

(b) The draw bar or connection between any two vehicles, one of
which is towing or drawing the other on a highway, shall not exceed
ten feet in length from one vehicle to the other. Only in case of an
emergency shall any such connection consist of a chain or cable, but
such two vehicles, when one of which is being towed or drawn by
another regularly, shall in addition to such draw bar, be equipped at
all times when so operated on the highway, with an emergency chain.
Whenever in an emergency such connection consists of a chain, rope
or cable, there shall be displayed upon such connection a red flag, or
cloth, not less than twelve inches both in length and width or if such
emergency towing is being done at night, in lieu of such red flag or
cloth, there shall be displayed a red lamp or lantern. The draw bar
provided for in this section shall be of a design or type approved by
the director.

Except in case of a bona fide emergency resulting from mechanical
defects or accidents, it shall be unlawful to tow any vehicle over the
highways of this State, where such vehicle is designed for and is
capable of self-propulsion.

Section 121. 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 chapter
three 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 division. 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 division, 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 the residence address or whereabouts of the defendant,
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 chapter three of this act, or of any ordinance
of any city, town or county, paralleling the provisions of said chapter,
send to the division a certified copy of such judgment of conviction.
Certified copies of the judgment shall also be forwarded to the division
upon conviction of any person of manslaughter or other felony in the
commission of which a vehicle was used. The said division shall keep
such records in its office, and they shall be open to the inspection of
any person 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 record
having jurisdiction over the officer whose neglect is complained of.

Section 122. Disposition of fine and forfeitures—All fines or for-
feitures collected upon conviction or upon a forfeiture of bail of any
person charged with a violation of any of the provisions of this act,
shall be paid into the State treasury, to be credited to the literary fund;
provided, however, that in cities and towns the council is hereby author-
ized and empowered to adopt ordinances to regulate the operation of
vehicles on the highways in such cities and towns, as the case may be,
not in conflict with the provisions of this act, and to provide penalties
for violating the provisions of such ordinances, but no penalty thus
fixed shall be greater than the penalties imposed for similar offenses
under the provisions of this act. In such cities and towns in which
said council shall adopt the ordinances herein authorized, all fines im-
posed for a violation of such ordinances shall be paid into the city
or town treasury.

Provided that in all cases in which the arrest is made or the sum-
mons is issued by an officer of the Division of Motor Vehicles or of any
other division of the State government, for the violation of the motor
vehicle laws of this State, the person arrested or summoned shall be
charged with and tried for a violation of some provision of this act
and all fines and forfeitures collected upon convictions or upon for-
feitures of bail of any person so arrested or summoned shall be cred-
ited to the literary fund. Wilful failure, refusal or neglect to comply
with this provision shall subject the person who is guilty thereof to a
fine of not less than ten ($10.00) dollars nor more than fifty ($50.00)
dollars and may be ground for removal from office. Charges for the
dereliction of the duties here imposed shall be tried by the court of
record having jurisdiction over the officer charged with its violation.

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