Chap. 336.—An ACT to amend and re-enact Section 35, 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,
in relation to registration, license and other fees, and to add a new Section 35-a,
relating to the cooperation by the State Highway Commission with the Public
Roads Administration and the American Association of State Highway Officials.

[S B 218]
Approved March 29, 1940

1. Be it enacted by the General Assembly of Virginia, That
section thirty-five, 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 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) 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 pas-
sengers, 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
common carriers operating under authority of the State Corporation
Commission 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
capacity, 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 capa-
city, two hundred and fifty ($250.00) dollars; five and one-half (5/4)
ton capacity, three hundred ($300.00) dollars; six (6) ton capacity
three hundred and fifty ($350.00) dollars; six and one-half (644) tor
capacity, four hundred and fifty ($450.00) dollars; seven (7) tor
capacity, five hundred and fifty ($550.00) dollars; seven and one
half (744) ton capacity, six hundred and fifty ($650.00) dollars
eight (8) ton capacity, seven hundred and fifty ($750.00) dollars
eight and one-half (814) 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 thousand and fifty ($1,050.00:
ee ten (10) ton capacity, eleven hundred and fifty ($1,150.00
ollars. |

(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 provided
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 automobile and
not to be used for carrying produce, freight or property for other than
($3 ia the license plate therefor to be three dollars and fifty cents

5-50).

(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 regis-
tration and license. The application shall state the make of the
machines handled by the manufacturer, agent or dealer. On the pay-
ment 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 manufac-
turer, 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
business; provided that dealer’s tags shall not be used on motor
vehicles for the use or operation of which dealers charge or receive
compensation, 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 con-
tract carrier by motor vehicle of property, which operates, or which
should operate, under a permit issued by the State Corporation Com-
mission as provided by law, or by a contract carrier by motor vehicle
of property, 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 re-
stricted 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 by a common car-
rier by motor vehicle of property, which operates, or which should
operate, under a certificate issued by the Interstate Commerce Com-
mission 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 sub-
sections (c) and (d) of this section. Any person who shall operate, or
who shall permit the operation 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 pro-
vided 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 Commission as provided by law, but not as
a common carrier by motor vehicle of property, or a restricted com-
mon 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 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 convic-
tion 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 imprison-
ment in jail for a period not to exceed six months or by both such fine
and imprisonment.

The cargo transported 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 subsections (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 sub-
sections (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-quarter 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 con-
viction 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 inadvertence, 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,
trailer 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
business, 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
contract carrier by motor vehicle of passengers 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
passengers under a permit issued by the Interstate Commerce Com-
mission as provided by law.

(g) For the operation of each motor vehicle, trailer, or semi-
trailer kept or used for rent or hire for the transportation of pas-
sengers, or operated by a contract carrier by motor vehicle of passen-
gers, 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 Commission 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 Com-
mission 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 pro-
vided by law, there shall be paid in addition 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 passengers or a restricted com-
mon carrier by motor vehicle of passengers, who operate under a
certificate issued by the State Corporation Commission, and persons
who operate as a common carrier by motor vehicle of passengers, who
operate under a certificate issued by the Interstate Commerce Com-
mission, 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 mentioned, 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
operation of any motor vehicle, trailer, or semi-trailer over any
highway (as that word is defined in this act) of this State, for the
transportation 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 Com-
mission 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 Interstate 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.

(g-1) The fees required by sub-section (g) of this section to be
paid for certificates of registration, license plates and the operation
of motor vehicles used for rent or hire shall not be required for the
operation of any motor vehicle with a normal seating capacity of not
more than six adult persons while used not for profit in transporting
persons who as a common undertaking bear or agree to bear all or
a part of the actual costs of such operation; and for the purpose of
sub-section (b) of this section every such motor vehicle shall be
treated as a private motor vehicle for which the fee for the annual
certificate of registration and license plates shall be forty cents per
hundred pounds of weight, or major fraction thereof.

(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.

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

(j) Incorporated towns and 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
incorporated 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
combination 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 trans-
portation 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, merchandise, 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
common 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.

Section 35-a. The State Highway Commission is hereby au-
thorized and empowered to cooperate with the Public Roads Adminis-
tration and the American Association of State Highway Officials in
the numbering, signing, marking, safety provisions, research, pre-
paring standard specifications, testing of road materials and other-
wise, in reference to highways.