Chap. 387.—An ACT to amend and re-enact Section 35 of an act entitled an act
to revise, simplify, rearrange and consolidate into one act which shall con-
stitute 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 chauf-
feurs, 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, approved March 26, 1932, as heretofore amended and
re-enacted by an act approved March 2, 1934, in relation to registration fees.

[H B 65]
Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That section
thirty-five of an act 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 disposition of funds collected, the operation
of vehicles on the public roads, highways, streets, and alleys, the Divi-
sion 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 twenty-
sixth, nineteen hundred and thirty-two, as heretofore amended and
re-enacted by an act approved March second, nineteen hundred and
thirty-four, in relation to registration fees, be amended and re-enacted
so as to read as follows:

Section 35. Registration fees—On and after the fifteenth day of
March, nineteen hundred and thirty-four, there shall be paid to the
division for the registration of motor vehicles, trailers and semi-
trailers, fees according to the following schedule:

(a) The fee for certificate of title shall be one ($1.00) dollar.

(b) All motor vehicles, trailers, and semi-trailers designed and
used for the transportation of passengers shall be licensed according
to weight and manufacturer’s shipping weight shall be used in deter-
mining the license fees herein prescribed. Except as hereinafter pro-
vided, the fee for the certificate of registration and license plates to be
paid by the owner of the motor vehicle shall be seventy cents per
hundred pounds of weight or major fraction thereof; provided that
no fee for an automobile shall be less than eight ($8.00) dollars per
year, and no fee for a motorcycle shall be less than three ($3.00)
dollars per year and two ($2.00) dollars additional for each side car ;
provided, however, the fee for the certificate of registration and
license plates to be paid by the owner of any private motor vehicle
(other than a motorcycle) designed and used for the transportation of
passengers, but not kept or used for rent or hire for the transportation
of passengers, nor as a motor carrier under a certificate or a permit
issued by the State Corporation Commission, nor as a motor carrier
which should secure such a certificate or permit, shall be forty cents
per hundred pounds of weight, or major fraction thereof.

(c) The fee for the certificate of registration and license plates
to be paid by the owners of trucks and tractor-trucks other than com-
mon carriers operating under authority of the State Corporation Com-
mission shall be based on the capacity of such trucks or tractor-truck
and shall be according to the following schedule: One (1) ton or less
capacity, fifteen ($15.00) dollars; one and one-half (114) ton capac-
ity, twenty ($20.00) dollars; two (2) ton capacity, thirty ($30.00)
dollars; two and one-half (214) ton capacity, fifty ($50.00) dollars ;
three (3) ton capacity, seventy-five ($75.00) dollars; three and one-
half (314) ton capacity, one hundred ($100.00) dollars; four (4) ton
capacity, one hundred and fifty ($150.00) dollars; four and one-half
(414) ton capacity, two hundred ($200.00) dollars; five (5) ton
capacity, two hundred and fifty ($250.00) dollars; five and one-half
(544) ton capacity, three hundred ($300.00) dollars; six (6) ton
capacity, three hundred and fifty ($350.00) dollars; six and one-half
(614) ton capacity, four hundred and fifty ($450.00) dollars; seven
(7) ton capacity, five hundred and fifty ($550.00) dollars; seven and
one-half (714) ton capacity, six hundred and fifty ($650.00) dollars ;
eight (8) ton capacity, seven hundred and fifty ($750.00) dollars:
eight and one-half (8%) ton capacity, eight hundred and _ fifty
($850.00) dollars; nine (9) ton capacity, nine hundred and fifty
($950.00) dollars; nine and one-half (914) ton capacity, one thou-
sand and fifty ($1,050.00) dollars; ten (10) ton capacity, eleven
hundred and fifty ($1,150.00) dollars.

(d) The owners of trailers and semi-trailers other than those pro-
vided in subsection (b) of this section, shall pay for the certificate of
registration and license plates therefor one-half (14) of the fee pro-
vided for in subsection (c) for trucks of like capacity ; except on one
or two wheel trailer with body length of not more than six feet, width
not to exceed width of car, maximum capacity not to exceed one
thousand (1,000) pounds, to be attached to applicant’s own automo-
bile and not to be used for carrying produce, freight or property for
other than the owner, the license plate therefor to be three dollars and
fifty cents ($3.50).

(e) Every manufacturer, agent or dealer in motor vehicles, trailers
and semi-trailers, on or before the first day of April in each year, or
before he commences to operate vehicles to be sold by him, shall make
application to the director for a dealer’s certificate of registration and
license. The application shall state the make of the machines handled
by the manufacturer, agent or dealer. On the payment of the fee of
thirty-five dollars a certificate of registration and license shall be issued
to the dealer in such form as may be prescribed by the director. For
such fee the director shall issue to such dealer two (2) sets of number
plates, and for each additional set in excess of two (2) a fee of seven
dollars and fifty cents ($7.50) per set shall be paid; provided the fee
for a motorcycle dealer shall be fifteen ($15.00) dollars for the first
three (3) sets of plates and four ($4.00) dollars for each additional
set of plates, but if the application of such manufacturer, agent, or
dealer in motor vehicles, as herein provided, be made after the first
day of December of any year, then the amount or amounts he shall be
required to pay for the certificate of registration and license, provided
for hereunder shall be half, only, of the fee herein prescribed.

It shall be unlawful for any such manufacturer, dealer, agent, or
any other person to use such number plates other than on motor
vehicles, trailers and semi-trailers used in connection with their busi-
ness; provided that dealer’s tags shall not be used on motor vehicles
for the use or operation of which dealers charge or receive compensa-
tion, such as wrecking cranes or other service motor vehicles, and any
violation of this section shall be punished by a fine of not less than
twenty-five ($25.00) dollars, and not more than one hundred ($100.00)
dollars.

(f) For the operation of each motor vehicle, trailer, or semi-trailer
operated by a property carrier for compensation, or by a contract
carrier by motor vehicle of property, which operates, or which should
operate, under a permit issued by the State Corporation Commission
as provided by law, or by a contract carrier by motor vehicle of prop-
erty, which operates, or which should operate, under a permit issued
by the Interstate Commerce Commission as provided by law, but not
by a common carrier by motor vehicle of property or a restricted com-
mon carried by motor vehicle of property, which operates, or which
should operate, under a certificate issued by the State Corporation
Commission as provided by law, nor by a common carrier by motor
vehicle of property, which operates, or which should operate, under a
certificate issued by the Interstate Commerce Commission as provided
by law, there shall be paid a fee which shall be one and one-half times
the amount of the fees as provided in subsections (c) and (d) of this
section. Any person who shall operate, or who shall permit the opera-
tion of any motor vehicle, trailer, or semi-trailer over any highway
(as that word is defined in this act) of this State, as a property carrier
for compensation, or as a contract carrier by motor vehicle of property,
which operates, or which should operate, under a permit issued by the
State Corporation Commission as provided by law, or as a contract
carrier by motor vehicle of property which operates, or which should
operate, under a permit issued by the Interstate Commerce Commis-
sion as provided by law, but not as a common carrier by motor
vehicle of property, or a restricted common carrier by motor vehicle
of property which operates, or which should operate, under a certificate
issued by the State Corporation Commission as provided by law, nor
as a common carrier by motor vehicle of property, which operates, or
which should operate, under a certificate issued by the Interstate Com-
merce Commission as provided by law, without first having paid to the
director the fee prescribed by this subsection shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine of
not less than fifty ($50.00) dollars nor more than five hundred
($500.00) dollars, or by imprisonment in jail for a period not to exceed
six months or by both such fine and imprisonment.

The cargo transportated on any truck licensed under the provisions
of subsections (c) or (f) of this section shall not exceed in weight
equal to two and six-tenths times the capacity for which such truck
was licensed; nor shall the cargo transported on any trailer licensed
under the provisions of sub-sections (d) or (f) of this section exceed
in weight a weight equal to one and three-quarter times the capacity
for which such trailer was licensed; nor shall the cargo transported on
any tractor-truck licensed under the provisions of subsections (c) or
(f{) of this section, and semi-trailer licensed under the provisions of
subsections (d) or (f) of this section, exceed in weight a weight equal
to two and six-tenths times the capacity for which such tractor-truck
was licensed plus one and three-quarters times the capacity for which
such semi-trailer was licensed.

Any person, firm or corporation, or the agent or servant of any
person, firm or corporation violating the provisions of the next pre-
ceding paragraph shall be guilty of a misdemeanor and upon convic-
tion fined not less than five dollars nor more than one hundred dollars ;
provided, however, that such person, firm, or corporation or the agent
or servant thereof shall not be convicted if, through accident or inad-
vertence, the authorized weight is exceeded by no more than five
per cent.

In no event shall any truck, tractor-truck, trailer or semi-trailer be
licensed for a capacity less than the manufacturer’s rated carrying
capacity thereof; but an owner may license any truck, tractor-truck,
trailor or semi-trailer for a capacity in excess of the manufacturer’s
rated carrying capacity thereof; provided, however, that no truck,
tractor-truck, trailer or semi-trailer shall be licensed for a capacity in
excess of twice the manufacturer’s rated carrying capacity.

The presence on a motor truck, tractor-truck, trailer or semi-trailer
of property for which the owner or operator of such motor truck,
tractor-truck, trailer or semi-trailer is unable to show evidence of
ownership of such property, or indirect evidence of having produced
same, or that he has sold same in the regular course of his usual busi-
ness, shall be prima facie evidence that he is transporting such property
for compensation.

The director may issue appropriately designated tags for property
carrying vehicles to applicants holding themselves out for private
employment as a property carrier for compensation; and shall issue
appropriately designated tags to applicants who operate as a contract-
carrier by motor vehicle of property under a permit issued by the
State Corporation Commission as provided by law, and to applicants
who operate as a contract carrier by motor vehicle of property under a
permit issued by the Interstate Commerce Commission as provided
by law.

The director may issue appropriately designated tags for passenger
carrying vehicles to applicants who keep or use such vehicles for rent
or hire for the transportation of passengers for private trips; and shall
issue appropriately designated tags to applicants who operate as a con-
tract carrier by motor vehicle of passengers under a permit issued by
the State Corporation Commission as provided by law, and to appli-
cants who operate as a contract carrier by motor vehicle of passengers
under a permit issued by the Interstate Commerce Commission as
provided by law.

(g) For the operation of each motor vehicle, trailer of semi-trailer
kept or used for rent or hire for the transportation of passengers, or
operated by a contract carrier by motor vehicle of passengers, which
operates, or which should operate, under a permit issued by the State
Corporation Commission as provided by law, or operated by a contract
carrier by motor vehicle of passengers, which operates, or which should
operate, under a permit issued by the Interstate Commerce Commis-
sion as provided by law, but not by a common carrier by motor vehicle
of passengers or a restricted common carrier by motor vehicle of
passengers, which operates, or which should operate, under a certificate
issued by the State Corporation Commission as provided by law, nor
by a common carrier by motor vehicle of passengers, which operates,
or which should operate, under a certificate issued by the Interstate
Commerce Commission as provided by law, there shall be paid in addi-
tion to the fees provided in subsection (b) of this section the sum of
five ($5.00) dollars for each revenue producing seat; provided that
persons who operate as a common carrier by motor vehicle of passen-
gers or a restiricted common carrier by motor vehicle of passengers,
who operate under a certificate issued by the State Corporation Com-
mission, and persons who operate as a common carrier by motor vehicle
of passengers, who operate under a certificate issued by Interstate
Commerce Commission, may use any of their regularly licensed
vehicles, of a seating of more than twelve for infrequent trips, for the
transportation of special parties, either on or off their regular routes,
upon the written permission of the Director of the Division of Motor
Vehicles, and upon the payment to the director of a fee of five ($5.00)
dollars for each such trip, for each vehicle so employed; provided
further, that any such trip shall be made in accordance with such
reasonable rules and regulations prescribed by the State Corporation
Commission as may elsewhere be provided for by law. Every person
engaged in hiring or renting motor vehicles in this paragraph men-
tioned, and every contract carrier by motor vehicle of passengers, who
operates, or who should operate, under a permit issued by the State
Corporation Commission as provided by law, and every contract carrier
by motor vehicle of passengers, who operates, or who should operate
under a permit issued by the Interstate Commerce Commission as
provided by law, shall furnish to the director, whenever required so to
do, a list of motor vehicles used or employed in such business, and
with such description thereof when and as may be required by the said
director. Any person who shall operate, or who shall permit the opera-
tion of any motor vehicle, trailer, or semi-trailer over any highway
(as that word is defined in this act) of this State, for the transporta-
tion of passengers for compensation, or as a contract carrier by motor
vehicle of passengers, which operates, or which should operate, under
a permit issued by the State Corporation Commission as provided by
law, or as a contract carrier by motor vehicle of passengers, which
operates, or which should operate, under a permit issued by the Inter-
state Commerce Commission as provided by law, but not as a common
carrier by motor vehicle of passengers or a restricted common carrier
by motor vehicle of passengers, which operates, or which should
operate, under a certificate issued by the State Corporation Commission
as provided by law, nor as a common carrier by motor vehicle of
passengers, which operates, or which should operate, under a certificate
issued by the Interstate Commerce Commission as provided by law,
without first having paid to the director the fee prescribed by this
subsection shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not less than fifty ($50.00) dollars nor
more than five hundred ($500.00) dollars, or by imprisonment in jail
for a period not to exceed six months or by both such fine and
imprisonment.

(h) One-half of the license fee herein required to be paid by the
owner of a motor vehicle, trailer or semi-trailer, shall be collected
whenever such license is issued on or after the first day of October in
any year.

(1) These fees shall be paid to the director who shall issue cer-
tificates of registration and license and number plates, as provided for
in this act.

(j) Incorporated towns anad cities may levy and assess taxes and
charge license fees and taxes upon vehicles, as heretofore, except
license fees and taxes upon motor vehicles used by a dealer or manu-
facturer for sales purposes. Such license fees and taxes to be charged,
imposed and assessed in such manner, on such basis, and for each
period, as the proper authorities of such incorporated towns and cities
may determine, and subject to proration for fractional periods in the
same manner as prescribed in subsection (h) hereof.

Provided, however, that no incorporated town or city may levy
and assess taxes and charge license fees and taxes upon any motor
vehicle on which similar taxes and/or fees are charged or assessed by
the incorporated town or city of which the owner of such vehicle is a
resident ; nor may more than one incorporated town or city exact such
license fee or tax on the same vehicle; and provided further that, on
and after April first, nineteen hundred and thirty-five, no city or in-
corporated town shall levy a license tax on motor vehicles greater than
the amount of the license tax assessed by the State on motor vehicles
of like class.

(k) Any officer authorized to enforce the motor vehicle laws,
having reason to believe that the cargo transported on a motor vehicle,
trailer, or semi-trailer exceeds that for which such vehicle or combina-
tion of vehicles is licensed, is authorized to weigh the same either by
means of loadmeters or scales.

(m) On all vehicles registered under subsections (f) and (g) of
this section, the owner thereof shall cause to be printed or painted on
such vehicle in letters not less than two inches in height the name of
such owner, and the city, town, or county in which such owner has
located his principal place of business.

(n) Any owner of a motor vehicle, trailer, or semi-trailer who
shall purchase articles, merchandise, commodities or things at one point
or points and transport them in said motor vehicle, trailer, or semi-
trailer to another point or points for sale at the latter point or points,
in the sale price of which is reflected a charge for the transportation of
such articles, merchandise, commodities or things, or who shall permit
any such vehicle to be so used by another, shall be deemed to be
operating such vehicle for hire; provided, however, this provision shall
not apply to merchants maintaining a regular place of business and
delivering by motor vehicle, trailer, or semi-trailer, articles, merchan-
dise, commodities and things sold by them, for which no transportation
charge directly or indirectly is made.

Nothing in this section shall be construed so as to apply to a com-
mon carrier by motor vehicle of passengers or property nor to a
restricted common carrier by motor vehicle of passengers or property
holding a certificate issued by the State Corporation Commission, as to
a common carrier by motor vehicle of passengers or property holding a
certificate issued by the Interstate Commerce Commission, while
engaged in the business of a common carrier by motor vehicle of
passengers or property, such carriers being otherwise taxed by law.