Chap. 348.—An ACT to amend and re-enact Section 94, as heretofore amended,
of chapter 342 of the Acts of the General Assembly of 1932, approved March
26, 1932, and known, designated and cited as the Motor Vehicle Code of
Virginia, said section relating to lighting equipment on vehicles; and to
amend and re-enact Section 116, as heretofore amended, of said act, said
section relating to the weighing of vehicles upon the highways. [H B 326]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion ninety-four, as heretofore amended, and section one hundred and
sixteen, as heretofore amended, of chapter three hundred and forty-
two of the acts of the General Assembly of nineteen hundred and
thirty-two, approved March twenty-sixth, nineteen hundred and thirty-
two, and known, designated and cited as the Motor Vehicle Code of
Virginia, be amended and re-enacted so that the said amended _sec-
tions shall read as follows:

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 re-
quired 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, not exceeding thirty-two mean spherical candle
power, or such candle power as may be required or permitted by the
director, 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 shall be of a type which has been approved by
the director. |

Provided, however, that special lamp or light designed for the
purpose 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 motor-
cycle 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 dis-
tance 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 like conditions
from a distance of at least three hundred (300) feet to the rear of
such bicycle.

(f) Lamps on other vehicles——All 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 sub-section
(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—All 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 an
amber 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
conditions 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 marker
lights required in this subsection shall be mounted on the widest
portions 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 therein 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 con-
junction 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
operated 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
required 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 possession and installation of such spare bulbs and fuses as a
mitigating circumstance or a complete bar to a prosecution under this
subsection.

Section 116. Officers may weigh vehicles, collect weighing charge
and require removal of excess load—Any officer authorized to en-
force the law under this act, having reason to believe that the weight
of a vehicle and load is unlawful is authorized to weigh the same either
by means of loadmeters or scales. Should the said officer find that
the weight of any vehicle and its load is greater than that permitted
by this act, or that the weight of the load carried in or on such vehicle
is greater than that for which said vehicle 1s licensed to carry under
the provisions of this act, he shall charge and collect the sum of two
dollars as a weighing charge from the owner or operator of said
vehicle, and the officer may require the driver to unload at the nearest
place where the property unloaded may be stored or transferred to
another vehicle, such portion of the load as may be necessary to de-
crease the gross weight of such vehicle to the maximum therefor
permitted by this act.