Chap. 23.—An ACT to amend and reenact Sections 52 and 105 of The Motor
Vehicle Code of Virginia, relating, ps re to regulation of traffic “if
localities and securing cargo of certain vehicles. . {H 71

Approved February 19, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections fifty-two and one hundred five of the Motor
Vehicle Code of Virginia, be amended and reenacted as follows:

Section 52. Powers of local authorities—Local authorities in
cities or towns shall have no power or authority to decrease any
speed limitation declared in this chapter or to enact or enforce any
ordinance, rule or regulation contrary to the provisions of this
chapter, except that such local authorities shall have power to
provide by ordinance for the regulation of traffic by means of traffic
officers or semaphores or other signalling devices on any portion
of the highway where traffic is heavy or continuous, or where in
their judgement conditions may require, and may prohibit other
than one way traffic upon certain highways and may regulate the
use of the highways by processions or assemblages.

Such local authorities may also, when and where conditions
require:

(a) Adopt any such ordinances, rules and regulations not
in conflict with the provisions of this chapter, as the proper local
authority shall deem advisable and necessary, and to repeal, amend
or modify any such ordinance, rule or regulation; provided, how-
ever, that such ordinances, rules or regulations shall not be deemed
to be violated if, at the time of the alleged violation, the designation
placed in conformity with this paragraph was missing, effaced,
mutilated, or defaced, so that an ordinary observant person, under
the same circumstances, would not be apprised of or aware of the
existence of such rule. Such authority may also, when and where
conditions require, enact ordinances, or adopt police regulations,
requiring all vehicles to come to a full stop at any street intersection
other than a street which has been designated as a part of the
primary system of State highways in any town having a popula-
tion of less than thirty-five hundred according to the United States
census of nineteen hundred twenty.

(b) Officers of the law, authorized or permitted under this
chapter, shall, by voice, hand or signal, direct all traffic, but shall
not forbid or prevent any one from proceeding or standing in a
manner permitted or required by law.

(c) Signals by traffic officers shall be as follows:

(1) By hand, to stop traffic, stand with shoulders parallel
with moving traffic, and with arms raised forty-five degrees above
shoulder toward moving lines of traffic, hand extended, palm
toward traffic to be stopped. By hand, to move traffic, stand so that
shoulders are parallel to line of traffic to be moved. Extend right
arm full length, height of shoulders toward said traffic, fingers
extended and joined, palm downward, bring hand sharply in direc-
tion traffic is to move. Repeat movement with left hand to start
trafic from opposite direction.

(2) By whistle, one blast—moving traffic to stop; two blasts,
trafic in opposite direction to move; three or more short blasts,
to warn of approach of fire apparatus, or of an emergency when
all trafic shall immediately clear the intersection and stop.

(d) Signals by lights or semaphores shall be as follows: Red
indicates that trafic then moving shall stop and remain stopped as
long as the red signal is shown. Green indicates that traffic shall
then move in the direction of the signal, and Temain in motion
as long as the green signal is given.

Amber indicates that a change is about to be made in the
directions of the moving of traffic. When the amber signal is shown,
trafic which has not already entered the intersection, including the
crosswalks, shall stop, but, that which has entered the intersection
shall continue to move until the intersection has been entirely
cleared. '

When semaphores not in operation, the use of amber light
indicates need for caution.

(e) The authorities of counties, except as herein otherwise
provided, in this State shall have no authority to adopt any ordi-
nances, rules and regulations concerning matters covered by this
chapter of this act. All ordinances, rules and regulations, except
as herein otherwise provided, adopted by the authorities of any
county in conflict with the provisions of this subsection of this
section are hereby repealed.

Provided, however, that nothing in this subsection shall apply
to the authorities or the ordinances, rules and regulations, adopted
hy the authorities of any county which adjoins a city within or
without this State having a population of one hundred and twenty-
hve thousand or more, provided such county has a trial justice,
and, provided, further, that the fines collected for the violation of
such ordinances shall be paid to the State when the arrest is made
hy an officer of any division of the State government.

(f) Notwithstanding other provisions of this section, the board
ot supervisors or other governing body of any county having,
according to the last preceding United States census, more than
five hundred inhabitants per square mile, may by ordinance pre-
scribe maximum speed limits for vehicles operated upon any high-
way in such county, or for certain sections or zones thereof desig-
nated by the board of supervisors or other governing body of such
county, and fix penalties for violations of such ordinances, which
penalties, however, shall not exceed the penalties prescribed for
violations of the provisions of section sixty-two of this act. Such
maximum speed limits may parallel, reduce or increase those pre-
scribed by subsection (b) of section sixty-two of this act. When
the board of supervisors or other governing body of any such
county prescribes maximum speed limits, for any highway or
highways in such county, then appropriate markers or signs stating
such maximum speed shall be erected and maintained on or
along those highways in such county; such markers or signs on or
along State highways shall be erected and maintained by the State
Highway Commission; and such markers or signs on or along
other highways shall be erected and maintained by such county.
The approval of any such ordinance by the circuit court of such
county or the judge thereof in vacation is not required, but a
certified copy of each such ordinance affecting any one or more State
highways shall, promptly after adoption, be filed by the board or
body of such county with the State Highway Commission. All
fines: collected for the violation of any such ordinance shall be
paid to the State when the arrest is made by an officer of any
division of the State government.

(g) The governing bodies of cities and towns may by ordinance,
whenever, in their judgment conditions so require, (1) prohibit the
use of motor trucks, except for the purpose of receiving loads or
making deliveries, on certain designated streets; (2) restrict the
use of motor trucks passing through the city or town, to such
street or streets, as may be designated in such ordinance; (3)
prohibit the use of certain designated streets by private carriers for
hire as well as-common carriers, except for the purpose of receiving
passengers or goods or making deliveries.

Section 105. Prevention of noise, smoke, et cetera, muffler,
cut-out and straight exhaust regulated—(a) No person shall
drive a motor vehicle upon a highway. unless such motor vehicle
is equipped with a muffler in good working order and in constant
operation to prevent excessive or unusual noise, annoying smoke
and the escape of excessive gas, steam or oil. All exhaust pipes
carrying exhaust gases from the motor shall be directed parallel
with the ground or slightly upward.

(b) It shall be unlawful for any motor vehicle to be equipped
with or for any person to use a “muffler cut-out” -or “straight ex-
haust” while such motor vehicle is being operated upon.a highway.

(c) No vehicle shall be operated or moved on any highway
unless such vehicle is so constructed as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.

(d) No vehicle which is designed. and/or used for the purpose
of hauling logs, poles or lumber, barrels, hogsheads or other
materials or containers which by their very. nature may shift
or roll, shall be operated or moved over any highway unless its
load is securely fastened by chain or metal cable so as to prevent
the shifting or falling of such load from the vehicle.