Chap. 365.—An ACT to amend and re-enact Sections 2, 18, 20, 21, 26, 28, 29, 38, 43
and 113 of the Motor Vehicle Code of Virginia, as amended, relating to the
definition of certain terms, to the registration of motor vehicles, trailers and
semi-trailers, to title certificates, registration certificates and license plates, and
to the powers, rights and duties of the Director of the Division of Motor Ve-
hicles and of certain other persons with respect to motor vehicles, trailers and
semi-trailers, to encumbrances thereon, and to the ownership, transfer, operation
and weights thereof, and defining certain offenses. [H B 407]

Approved April 1, 1942

1. Be it enacted by the General Assembly of Virginia, That sections
two, eighteen, twenty, twenty-one, twenty-six, twenty-eight, twenty-nine,
thirty-eight, forty-three and one hundred and thirteen of the Motor
Vehicle Code of Virginia, as amended, be amended and re-enacted, as
follows:

Section 2. Definitions——The following words and phrases when
used in this act shall, for the purpose of this act have the meanings re-
spectively ascribed to them in this section except in those instances where
the context clearly indicates a different meaning.

(a) “Director”—The director of the division of motor vehicles of
this State.
(b) “Division’.—The division of motor vehicles of this State,
acting directly or through its duly authorized officers and agents.

(c) “Essential parts’—All integral parts and body parts, the
removal, alteration or substitution of which will tend to conceal the
identity or substantially alter the appearance of the vehicle.

(d) “Farm tractor’—Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines
and other implements of husbandry.

(e) “Foreign vehicle’—Every motor vehicle, trailer or semi-trailer
which shall be brought into this State otherwise than in the ordinary
course of business by or through a manufacturer or dealer and which has
not been registered in this State.

. (f) “Highway’.—Every way or place of whatever nature open to
the use of the public for purposes of vehicular travel in this State, includ-
ing the streets and alleys in towns and cities.

(g) “Manufacturer” or “dealer” —Every person engaged in the
business of manufacturing, buying, selling or exchanging motor vehicles
in this State and having an established place of business in this State
where the ordinary or appropriate books and records of such manufac-
turer or dealer are kept and at which a substantial share of the business
of such manufacturer or dealer is transacted.

(h) ‘Metal tires’”.—All tires the surface of which in contact with
the highway is wholly or partly of metal or other hard, non-resilient
material. -

(i) “Motorcycle”.—Every motor vehicle designed to travel on not
more than three wheels in contact with the ground, and any four-wheeled
vehicle weighing less than five hundred (500) pounds and equipped with
an engine of less than six (6) horsepower, except any such vehicle as
may be included within the term “tractor” as herein defined. )

(j) “Motor Vehicle Code”.—The laws embraced in the following
chapters and sections of this act. .

(k) “Motor vehicles”.—Every vehicle as herein defined which is
self-propelled or designed for self-propulsion.

(1) “Non-resident”.—Every person who is not a resident of this
State except the non-residents referred to in section twenty-three-g of
this act.

- Any foreign corporation which is authorized to do business in this
State by the State Corporation Commission shall be deemed a resident of
this State for the purpose of this act; provided, however, that in the case
of corporations incorporated in this State but doing business without the
State, only such principal place of business or branches located within
this State shall be dealt with as residents of this State.

-(m) “Owner”.—A person who holds the legal title of a vehicle or
in the event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of pos-
session vested in the conditional vendee or lessee, or in the event a mort-
gagor of a vehicle is entitled to possession then such conditional vendee
or lessee or mortgagor shall be deemed the owner for the purpose of this
cu. 365] ACTS OF ASSEMBLY 551

act, except that in all such instances when the rent paid by the lessee
includes charges for services of any nature and/or when the lease does
not provide that title shall pass to the lessee upon payment of the rent
stipulated, the lessor shall be regarded as the owner of such vehicle, and
said vehicle shall be subject to such requirements of this act as are appli-
cable to vehicles operated for compensation.

(n) “Person’”.—Every natural person, firm, co-partnership, asso-
ciation or corporation.

(0) “Pneumatic tires’. —All tires inflated with compressed air.

(p) “Reconstructed vehicle’—Any vehicle which shall have been
assembled or constructed largely by means of essential parts, new or
used, derived from other vehicles or makes of vehicles of various named
models and types, or which, if originally otherwise constructed, shall have
been materially altered by the removal of essential parts or by the addi-
tion or substitution of essential parts, new or used, derived from other

vehicles or makes of vehicles.

(g) “Road tractor’.—Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any load thereon
independently or any part of the weight of a vehicle or load so drawn.

(r) “Semi-trailer”.—Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried by another vehicle.

(s) “Solid rubber tires’.—Every tire made of rubber other than
a pneumatic tire.

(t) “Specially constructed vehicles” —Any vehicle which chat not
have been originally constructed under a distinctive name, make, model
or type bya generally recognized manufacturer of vehicles.

(u) ‘“Town”.—An incorporated town.

(v) “Tractor truck’”.—Every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to carry
a load other than a part of the load and weight of the vehicle attached
thereto.

(w) “Trailer”. —Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure and for
being drawn by a motor vehicle.

(x) ‘“Vehicle”.—Every device in, upon or by which any person
or property is or may be transported or drawn upon a highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.

(y) The terms operation or use for rent or for hire, for the trans-
portation of passengers, or as a property carrier for compensation, and
the term business of transporting persons or property, wherever uSed in
this act, mean, any owner and/or operator of any motor vehicle, trailer
or semi-trailer operating over the highways of this State who accepts
or receives compensation for the service, directly or indirectly.

The term compensation wherever used in this act means money or
the equivalent thereof.

z) “Intersection”.—The area embraced within the prolongation
of the lateral curb lines, or if none, then the lateral boundary lines of two
or more highways, which join one another at an angle, whether or not
one such highway crosses the other.

(z-1) The term “commission” means the State Corporation Com-
mission of the Commonwealth of Virginia.

Section 18. Release of lien or encumbrance shown on certificate of
title—An owner upon securing the release of any lien or encumbrance
upon a motor vehicle, trailer or semi-trailer shown upon the certificate
of title issued therefor may exhibit the documents evidencing such re-
lease, signed by the person or persons making such release and acknowl-
edged before a notary public or some one authorized by the laws of this
State to take acknowledgements of deeds, and the certificate of title to
the division; or where it is impossible to secure such release from the
beneficiary of the lien, and three years have elapsed from the date of
recordation of such lien, the owner may exhibit to the division whatever
evidence available showing that the debt secured has been satisfied, to-
gether with a statement by said owner under oath that the debt has been
paid; the division when satisfied as to the genuineness and regularity
thereof shall issue to such owner either a new certificate of title in proper
form or an indorsement or rider showing the release of such lien or
encumbrance which the division shall attach to the outstanding certificate
of title.

Section 20. License plates to be furnished—(a) The division
shall also furnish to every owner whose motor vehicle, trailer or semi-
trailer shall be registered, one license plate for a motorcycle, semi-trailer
or trailer, and two license plates for every other motor vehicle. The
license plates for trailers, semi-trailers, commercial vehicles and trucks,
other than license plates for dealers, may be of such design as to prevent
removal without mutilating some part of the indicia forming a part of
the plate, when secured to the bracket, and the division shall furnish
appropriate securing means to be used in connection with said plate. The
division is further authorized, at its discretion, to extend the use of said
license plates and securing means therefor to other classes of motor
vehicles.

(b) Every license plate shall have displayed upon it the registration
number assigned to the motor vehicle, trailer or semi-trailer and to the
owner thereof, also the name of this State, which may be abbreviated,
and the year for which it is issued. Such plate and the required letters
and numerals thereon, except the year for which issued, shall be of suff-
cient size to be plainly readable from a distance of one hundred feet
during daylight.

(c) Every license plate so issued by the division shall remain the
property of the division and shall be subject to be revoked, cancelled
and repossessed by the division at any time as in this act provided.

(d) Notwithstanding the provisions of this section, the division
may, in its discretion, issue a type of license plate suitable for permanent
use on motor vehicles, trailers, semi-trailers and motorcycles, together
with appropriate devices to be attached thereto to indicate the year for
which such vehicles have been properly licensed. The design of such
license plates shall be determined by the director. :
(e) Every permanent license plate shall be returned to the di-
vision, whenever the owner of a vehicle disposes of same by sale or
otherwise, and when not actually in use on a motor vehicle, except dealer’s
plates temporarily not in use. The person in whose name the plate is
registered may make application for the return thereof if said plate is
intended to be used on a subsequently acquired motor vehicle.

({) Every permanent license plate shall be returned to the di-
vision, whenever the owner of a vehicle elects to garage the vehicle and
discontinue the use of same upon the highway. The person in whose name
the plate is registered may make application for the return thereof if the
vehicle is to be returned to use on the highway.

Section 21. Display of license plates—(a) License plates as-
signed to a motor vehicle, other than a motorcycle, trailer or semi-trailer,
shall be attached to such motor vehicle, one in front and the other in the
rear. The license plate assigned to a motorcycle, trailer or semi-trailer,
shall be attached to the rear thereof. License plates shall be so displayed
during the current registration year.

(b) Every license plate shall at all times be securely fastened to
the motor vehicle, trailer or semi-trailer to which it is assigned, so as to
prevent the plate from swinging and at a height not less than twelve
inches from the ground, measuring from the bottom of such plate, in a
position to be clearly visible, and shall be maintained free from foreign
materials and in a condition to be clearly legible.

(c) The division is hereby authorized to make such rules and
regulations as it may deem advisable to enforce the proper mounting and
securing of the said license plate on the vehicle.

Section 26. Notice of change in appearance or mechanical equip-
ment.—E ach holder of a certificate of title of a motor vehicle, who shall
substitute in such vehicle another motor so that such motor vehicle shall
no longer conform to the description contained in the application for said
certificate of title shall, except as otherwise provided in section fifteen,
promptly after such change is made secure a new certificate of title for
which he shall pay a fee of one ($1.00) dollar.

Section 28. Transfer of title or interest—(a) The owner of a
motor vehicle, trailer or semi-trailer registered under the foregoing pro-
visions of this act transferring or assigning his title or interest thereto
shall endorse an assignment and warranty of title upon the reverse side
of the certificate of title of such motor vehicle, trailer or semi-trailer, to
the purchaser thereof, with a statement of all liens or encumbrances
thereon, shall acknowledge his signature thereto before a person author-
ized to administer oaths and shall deliver the certificate to the purchaser
or transferee at the time of delivering the motor vehicle, trailer or semi-
trailer.

(b) The transferee shall thereupon write his name and address
with pen and ink upon the certificate of title, and except as provided in
the next subdivision of this section, shall immediately forward such
certificate to the division with an application for the registration of such
motor vehicle, trailer, or semi-trailer and for a certificate of title.

(c) When the transferee of such motor vehicle, trailer or semi-
trailer is a dealer who holds the same for resale and operates the same
only for sales purposes under a dealer’s license plate or when such trans-
feree does not drive such motor vehicle, trailer or semi-trailer nor permit
such motor vehicle, trailer or semi-trailer to be driven upon the high-
ways, such transferee shall not be required to register such motor vehicle,
trailer or semi-trailer nor forward the certificate of title to the division,
as provided in the preceding paragraph, but such transferee upon trans-
ferring his title or interest to another person shall give notice of such
transfer to the division and shall endorse and acknowledge an assignment
and warranty of title upon such certificate and deliver the same to the
person to whom such transfer is made. ,

(d) The division, upon receipt of a certificate of title properly
assigned and acknowledged, accompanied by an application for regis-
tration, shall register the motor vehicle, trailer or semi-trailer therein
described and shall issue to the person entitled thereto by reason of such
transfer a new registration card, license plate or plates, and certificate of
title in the manner and form for the fees herein provided for original
registration. |

(e) Whenever the applicant for the registration of a motor ve-
hicle, trailer or semi-trailer or a new certificate of title thereto is unable
to present a certificate of title thereto by reason of the same being lost or
unlawfully detained by one in possession, or the same is not otherwise
available, the division is hereby authorized to receive such application and
to examine into the circumstances of the case and may require the filing
of:affidavits or other information, and when the division is satished that
the applicant is entitled thereto, is hereby authorized to register such
motor vehicle, trailer, or semi-trailer and issue a new registration card,
license plate or plates and certificate of title to the person entitled thereto.
' - (£) Except as otherwise provided in subsection (g) of this section,
in the event of the transfer by operation of law of the title or interest of
an owner in and to a motor vehicle, trailer, or semi-trailer registered
under the provisions of this act, as upon inheritance, devise or bequest,
order in bankruptcy or insolvency, execution sale, repossession upon
default in the performing of the terms of a lease or executory sales con-
tract or. otherwise than by the voluntary act of the person whose title or
interest is so transferred, the transferee or his legal representative shall
make application to the division for a certificate of title therefor, giving
the name and address of the person entitled thereto, and accompany such
application with the registration card and certificate of title previously
issued for the motor vehicle, trailer or semi-trailer, if available, together
with such instruments or documents of authority, or certified copies
thereof, as may be required by law to evidence or effect a transfer of
title or interest in or to chattels in such case. The division when satisfied
of the genuineness and regularity of such transfer, shall cancel the regis-
tration of such motor vehicle, trailer or semi-trailer, and issue a new
certificate of title therefor to the person entitled thereto. The transferee
may also apply for and obtain the registration of such motor vehicle,
trailer or semi-trailer.

(g) An owner who sells or transfers a registered motor vehicle,
trailer or semi-trailer may have the license plates and the registration
numbered thereon, assigned to another vehicle of like design and weight
titled in such owner’s name according to the provisions of this act, upon
application to the division, accompanied by a fee of one ($1.00) dollar, or
if such other vehicle be of greater weight or different design from that
for which such license plates were assigned, upon the payment of a fee of
one ($1.00) dollar and the amount of the difference in registration fees
between the two vehicles, all such transfers to be in accordance with the
rules and regulations of the division. The purchaser of a motor vehicle,
trailer or semi-trailer bearing license plates of the current year may, with
the consent of the previous owner, have the license plates and the regis-
tration number thereon assigned to him upon application to the division,
accompanied by a fee of one dollar, all such transfers to be in accordance
with the rules and regulations of the division. Upon the death of an
owner of a registered motor vehicle, trailer or semi-trailer, its registration
shall continue in force as a valid registration until the end of the year for
which such license is issued or until the ownership of such motor vehicle,
trailer or semi-trailer shall be transferred before the end of such year, by
the executor or administrator of the estate of such deceased owner, or by
a legatee or distributee of such estate.

Section 29. Junked vehicles, when dealer or owner to notify di-
vision of transfer—Every dealer or person, upon purchasing a motor
vehicle, trailer or semi-trailer which is to be demolished, dismantled or
decommissioned, shall immediately surrender the title certificate thereto
to the division and file therewith a copy of the bill of sale or other instru-
ment transferring ownership. Before such person or purchaser sells or
transfers the vehicle or the motor thereof, he shall first secure a new title
certificate from the division and it shall be the duty of the division to
make adequate inspection of the vehicle or motor as to mechanical con-
dition, fitness and safety, before issuing the new title certificate.

Section 38. Violation of registration provisions.—It shall be un-
lawful for any person to commit any of the following acts:

First. To operate or for the owner thereof to knowingly permit
the operation upon a highway of any motor vehicle, trailer, or semi-
trailer which is not registered or for which a certificate of title has not
been issued or which does not have attached thereto and displayed thereon
the license plate or plates assigned thereto by the division for the current
registration year, subject to the exemptions mentioned in sections twenty-
two, twenty-three, twenty-five and twenty-six of this act.

Second. To display, cause or permit to be displayed or to have in
possession any registration card, certificate of title or registration license
plate or chauffeur’s license, knowing the same to be fictitious or to have
been cancelled, revoked, suspended or altered.

Third. To lend or to knowingly permit the use by one not entitled
thereto any registration card, license plate, operator’s or chauffeur’s
license.

Fourth. To fail or refuse to surrender to the division, upon de-
mand, any certificate of title or registration card or registration license
plate, or chauffeur’s license, which has been suspended, cancelled or
revoked as in this act provided.
Fifth. To use a false or fictitious name or address in any applica-
tion for the registration of any motor vehicle, trailer or semi-trailer or for
a certificate of title or for chauffeur’s license, or for any renewal or
duplicate thereof, or to knowingly make a false statement or to knowingly
conceal a material fact or otherwise commit a fraud in any such applica-
tion.

Section 43. Receiving or transferring stolen vehicles or not
properly registered vehicles—-(a) Any person who with intent to pro-
cure or pass title to a motor vehicle, trailer, or semi-trailer which he knows
or has reason to believe has been stolen, shall receive or transfer posses-
sion of the same from one to another, or who shall with like intent have
in his possession any motor vehicle, trailer or semi-trailer which he knows
or has reason to believe has been stolen, and who is not an officer of the
law engaged at the time in the performance of his duty as an officer, shall
be guilty of a felony and upon conviction shall be punished as provided
in section one hundred and nineteen of this act.

(b) Any person who shall sell, trade, exchange or barter a motor
vehicle, trailer or semi-trailer in this State without first having secured a
certificate of title therefor, or without legally having in his or her pos-
session a certificate of title therefor issued to the owner thereof, except as
otherwise provided in this act, shall be guilty of a misdemeanor and shall
be punished as provided in section one hundred and eighteen of this act.

(c) Any person who shall purchase, trade, exchange or barter for
a motor vehicle, trailer or semi-trailer in this State, knowing or having
reason to believe that the vendor thereof has not secured a certificate of
title, or knowing or having reason to believe that the vendor thereof does
not legally have in his or her possession a certificate of title therefor
issued to the owner thereof, except as otherwise provided in this act, shall
be guilty of a misdemeanor and shall be punished as provided in section
one hundred and eighteen of this act.

Section 113. Weight of vehicles and loads——-The maximum gross
weight to be permitted on the road surface through any axle of any
vehicle shall not exceed sixteen thousand (16,000) pounds, nor shall it
exceed six hundred and fifty (650) pounds per inch, width of tire,
measured in contact with the surface of the highway. The gross weight,
including the weight of the vehicle and the maximum load, of any four-
wheel vehicle shall not exceed twenty-four thousand (24,000) pounds,
and the gross weight of any six-wheel vehicle or any combination of
vehicles shall not exceed thirty-five thousand (35,000) pounds. In de-
termining the number of wheels, dual wheels shall be counted as two
wheels. No two axles shall lie in the same vertical plane, nor shall the
axle spacing be less than forty inches from center to center. The axle
arrangements shall be such that the proportion of the gross load carried
on any axle shall remain constant. No vehicle shall cross any bridge or
culvert within the State the gross weight of which vehicle is greater than
the amount posted on the bridge or culvert as its carrying capacity. Any
violation of this section shall constitute a misdemeanor and shall be
punishable as provided in section one hundred and eighteen of this act.
cHs. 366, 367] ACTS OF ASSEMBLY 557