Chap. 390.—An ACT to amend and re-enact section 109 of chapter three hun-
dred 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 con-
cerning 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 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 provisions of this act. [H B 211]

Approved March 30, 1934

1. Be it enacted by the General Assembly of Virginia, That sec-
tion one hundred nine (109) of chapter three hundred and forty-
two of the Acts of Assembly of nineteen hundred and thirty-two, en-
titled 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
provisions of this act, be amended and re-enacted so as to read as
follows:

Section 109. Enforcement provisions——(a) The director is author-
ized at any time to compel, by proclamation of the Governor or other-
wise, the owner and/or operator of any motor vehicle, trailer or semi-
trailer operated upon a highway within this Commonwealth to submit
such vehicle to an inspection of its mechanism and equipment by an
official inspection station, designated for that purpose, and any such
owner and/or operator who fails to so submit a motor vehicle, trailer
or semi-trailer operated upon the highways of this State to such in-
spection, or who fails or refuses to correct or have corrected in accord-
ance with the requirements of this act, any mechanical defects found
by such inspection to exist, shall be guilty of a misdemeanor and shall
be punished in accordance with the provisions of section one hundred
eighteen, and each operation of such motor vehicle, trailer or semi-
trailer over any highway in this State after failure to comply with
this law shall constitute a separate offense.

(b) The director is authorized to designate, furnish instructions to,
and to supervise official inspection stations for the inspection of motor
vehicles and/or vehicles and for adjusting and correcting equipment
enumerated in this act in such a manner as to conform to specifica-
tions hereinbefore set forth. And the director shall adopt and furnish
to such official inspection stations, rules and regulations governing the
making of inspections herein provided for and may require the filing
by the owner and/or operator of such station of a surety bond condi-
tioned upon the faithful performance of the duties required by this
act and the rules and regulations promulgated by the director. The
director may at any time, after five days’ notice, revoke the designa-
tion or appointment of any official inspection station designated or
appointed by him. When the equipment has been corrected in accord-
ance with this act the official inspection station shall issue to the operator
or owner of the vehicle, on forms furnished by the department, a
duplicate of which is retained by such station, a certificate showing the
date of correction, registration number of the vehicle and the official
designation of such station, provided, however, that common carriers,
operating under certificate from the State Corporation Commission,
who desire to do so may install or use with the approval of the director
private inspection stations for the inspection and correction of their
equipment.

(c) It shall be unlawful for any official inspection station to make
a charge for such inspection; the term “inspection” as herein used shall
not include repairs or adjustments. Repairs or adjustments necessary
to bring the vehicle in conformity with this act may be made by agree-
ment between the owner and such station or whatever repair station
the owner may select. If such adjustments or repairs are made by
anyone other than an official inspection station such vehicle must again
be inspected and approved by an official inspection station. For an
official inspection station to violate this act or rules or regulations of
the director, or for anyone not designated by the director to display,
advertise or voice the fact that such person is an official inspection
station shall be guilty of a misdemeanor, punishable by a fine of not less
than fifty ($50.00) dollars nor more than five hundred ($500.00)
dollars.

(d) The director or employee of said department shall not be
pecuniarily interested in any company writing bonds for the official
adjusting stations nor shall any employee of said department solicit
business for any such bonding companies.