Chap. 342.—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,
said section relating to the registration fees. [S B 275]

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 that the said amended
section shall 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 de-
termining the license fees herein prescribed. Except as hereinafter
provided, 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
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 (1)4) 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 ca-
pacity, two hundred and fifty ($250.00) dollars; five and one-half
(514) 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 (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)
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 (4%) of the fee pro-
vided 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 auto-
mobile 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 regis-
tration 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 pre-
scribed 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
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
‘ess than twenty-five ($25.00) dollars, and not more than one hundred
($100.00) dollars.

(f) For the operation of each motor vehicle, trailer, 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
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 provided by law, or as 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 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 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 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 a
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 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 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 centum.

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.

(zg) For the operation of each motor vehicle, trailer or 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 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 ve-
hicle 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 addition to the fees provided in sub-
section (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
Commission, may use any of their regularly licensed vehicles, of a
seating capacity 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 ($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 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 car-
rier 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 pas-
sengers, 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.

(h) One-half of the annual license fee herein required. except as
herein otherwise provided, to be paid by the owner of a motor vehicle,
trailer or semi-trailer, shall be collected whenever such license is
issued during the period beginning on the first day of October in any
year, and ending on the fifteenth day of January in the same license
year, and one-third of such fee shall be collected whenever such license
is issued after the fifteenth day of January in the same license year.

(i) These fees shall be paid to the director who shall issue certifi-
cates 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 combina-
tion of vehicles is licensed, is hereby 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 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, or
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.