Chap. 492.—An ACT to amend and reenact Sections 14, 28-a, 35, 35-a and 38
of Chapter 342 of the Acts of Assembly of 1932, as amended, known and
designated as the “Motor Vehicle Code of Virginia”. [S 164]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections fourteen, twenty-eight-a, thirty-five, thirty-five-a
and thirty-eight of chapter three hundred forty-two of the Acts of the
Assembly of nineteen hundred thirty-two, as amended, known and
designated as the “Motor Vehicle Code of Virginia” be amended and
reenacted as follows:

Section 14. Application for registration and certificate of title —
(a), An owner shall make application upon appropriate forms furnished
by the director for a certificate of title. The owner shall certify every
application for a certificate of title before a person authorized to
administer oaths and officers and employees of the division are hereby
authorized to administer oaths for the purpose of this act, and it is
their duty to do so without fee.

(b) Every application for a certificate of title shall contain a
statement of the applicant’s title and of all liens or encumbrances upon
said vehicle and the names and addresses of all persons having any
interest therein and the nature of every such interest.

(c) Every application for a certificate of title shall contain a brief
description of the vehicle to be registered, including the name of the
maker, the vehicle identification or serial number, and upon the registra-
tion of a new vehicle, the date of sale by the manufacturer or dealer to
the person first operating such vehicle. The application shall contain
such other information as may be required by the division.

(d) In the event that the vehicle for which the registration of a
certificate of title is applied is a specially constructed, reconstructed, or
foreign vehicle, such fact shall be stated in the application, and with
reference to every foreign vehicle which has been registered theretofore
outside of this State, the owner shall exhibit to the division the certificate
of title and registration card or other evidence of such former registration
as may be in the applicant’s possession or control, or such other evidence
as will satisfy the division that the applicant is the lawful owner or
possessor of such vehicle.

Section 2154(61) Michie’s Code 1942.

Section 28-a. Notwithstanding any other provisions of law, the
division may transfer title of a motor vehicle, trailer or semi-trailer
owned by a person in the armed service of the United States assigned to
foreign duty upon the affidavit of a member of the immediate family of
the owner, and without the formalities otherwise provided for transfers,
that the affant has been authorized by the owner to transfer the motor
vehicle, trailer or semi-trailer. Any person holding a current registration
certificate and license plate who disposes of the vehicle for which it was
issued and does not purchase another vehicle may surrender the license
plates and registration certificate to the Commissioner with a statement
that the vehicle for which the license plate was issued has been sold and
request a refund for the unused portion of the fee paid.

The Commissioner shall refund to the applicant one-half of the
total cost of the registration and license plates if application for such
refund is made prior to the first day of October of the current license
year, but such refund shall only be one-third of such total cost when
the application therefor is made subsequent to the first day of October
of the current license year, but prior to the first day of January of the
current license year. No refund shall be made when the application there-
for is made after the first day of January of the current license year.

2. For the purpose of carrying out the provisions for refunds under
section twenty-eight-a added to the Motor Vehicle Code of Virginia by
this act there is appropriated for each year of the biennium ending June
thirty, nineteen hundred forty-six, to the Division of Motor Vehicles out
of the revenues collected and paid into the State treasury by the Division
of Motor Vehicles and credited to the State Highway Maintenance and
Construction Fund a sum sufficient. (Chap 265, Acts 1934; Chapter
173, Acts 1938; Chapter 365, Acts 1942).

Section 2154( 74a) Michie’s Code, 1944 Supplement.

Section 35. Registration of passenger carrying vehicles; fees
therefor—(a) All motor vehicles, trailers and semi-trailers designed
and used for the transportation of passengers shall be licensed according
to weight, and the manufacturer’s shipping weight shall be used in
determining the license fees herein prescribed. Except as provided in
section thirty-five-aa after March fifteenth, nineteen hundred forty-
seven, and except as hereinafter provided, the fee for the certificate of
registration and license plates, to be paid to the Commissioner 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 auto-
mobile shall be less than six dollars ($6.00) per year, and no fee for
a motorcycle shall be less than three dollars ($3.00) per year and two
dollars ($2.00) additional for each side car; provided further, that the
fees 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 not for compensation shall be
thirty cents per hundred pounds of weight, or major fraction thereof.

(b) For the operation of each motor vehicle, trailer or semi-trailer
kept or used for rent or hire for transportation of passengers, or operated
or which should operate, under a permit issued by the State Corporation
Commission as provided by law, or operated or which should operate,
under a permit issued by the Interstate Commerce Commission as pro-
vided by law, there shall be paid to the Commissioner in addition to
the fees provided in subsection (a) of this section, the sum of five
dollars ($5.00) for each passenger seat, exclusive of the driver’s seat;
provided, however, that on passenger vehicles with a seating capacity
of more than six adult passengers used only to transport persons to
and from their place of employment a fee of thirty dollars ($30.00) shall
be charged. The provisions of this section shall not apply to any carrier
operating under a certificate of public convenience and necessity issued
by the State Corporation Commission, which carrier has procured from
the Commissioner for the number of buses operated in special or
chartered party service appropriately designated tags for each set of
which the Commissioner shall charge and such carrier shall pay the
sum of five dollars.

(d) Every person engaged in hiring or renting motor vehicles for
the transportation of passengers or property and every contract carrier
by motor vehicle of passengers or property who operates, or who should
operate, under a permit issued by the State Corporation Commission or
by the Interstate Commerce Commission as provided by law, shall furnish
to the Commissioner, whenever required so to do, a list of motor vehicles
used or employed in such business, with a description thereof, when and
as may be required by the Commissioner.

(e) The fees required by subsection (b) of this section to be
paid for certificates of registration and license plates for the operation
of motor vehicles used for rent or hire shall not be required for the opera-
tion 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 subsection (a)
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 thirty cents per hundred pounds of weight, or
major fraction thereof. Provided that the fee for the annual certificate
of registration and license plates on each contract school bus shall be
thirty cents per hundred pounds of weight, or major fraction thereof.

(f) The Commissioner 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. The Commissioner may issue appropriately designated tags for
taxicabs or other motor vehicles used in performing a taxicab service, and
the Commissioner shall issue appropriately designated tags to applicants
who operate as common carriers or restricted common carriers by
motor vehicle of passengers under permits or certificates issued by the
State Corporation Commission or by the Interstate Commerce Commis-
sion, as provided by law.

(g) Any person who operates, or who permits the operation of, any
motor vehicle, trailer, or semi-trailer over any highway of this State
for the transportation of passengers operating, or which should operate,
under a permit or certificate issued by the State Corporation Commission
or by the Interstate Commerce Commission as provided by law, without
first having paid to the Commissioner the fee prescribed by this section,
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than fifty dollars ($50.00) nor more than
five hundred dollars ($500.00), or by imprisonment in jail for a period
not to exceed six months, or by both such fine and imprisonment.
(h) The amendment and reenactment of section thirty-fi
become effective July first, nineteen hundred forty-six. (Chap. 1‘
1946).

Section 2154(82) Michie’s Code 1942.

Section 35-a. Registration of other vehicles; fees therefor.

(a) Except as hereinafter otherwise provided, the fees for
cates of registration and license plates, to be paid by owners of a
vehicles, trailers and semi-trailers not designed and used for th
portation of passengers, shall be determined by the gross weigh
vehicle, or combination of vehicles of which it is a part, when lc
the maximum capacity for which it is registered and licensed, ac
to the schedule of fees herein set forth. For each thousand po
gross weight, or major fraction thereof, for which any such ve
registered and licensed, there shall be paid to the Commissio
fee indicated in the following schedule immediately opposite the
group into which such vehicle, or any combination of vehicles o
it is part, falls when loaded to the maximum capacity for whi
registered and licensed; provided, that in no case shall the fee
than twelve dollars ($12.00).

Gross Weight Groups .Fee Per Thousand |

(Pounds) of Gross Weig!
LO;000 2nd 168s) wevceeveseesecseesceecseeeseeseesecesceneresensss $1.20
10,001-11,000 22... eeeseeececceeeeeceneeeseretereceseecees 1.30
11,001-12,000 F

17; 001- 18,000

29, 001-40, 000
40,001-45,000
45,001-50,000

(b) In the case of a combination of a tractor-truck and 2
or semi-trailer, each vehicle constituting a part of such com

shall be registered as a separate vehicle, and separate license plates
shall be issued therefor, but, for the purpose of determining the gross
weight group into which any such vehicle falls pursuant to the foregoing
subsection the combination of vehicles of which such vehicle constitutes
a part shall be considered a unit and the aggregate gross weight of the
entire combination shall determine such gross weight group. The fee
for the registration certificate and license plates for a tractor-truck
shall be thirty dollars ($30.00) for such vehicle used exclusively as a
private carrier; forty-five dollars ($45.00) for such a vehicle used as
a contract carrier, and seventy-five dollars ($75.00) for such
a vehicle used as a common carrier, such registration fee to be deducted
from the gross weight registration fee for a tractor-truck and trailer,
or semi-trailer combination.

(c) The owner of every vehicle registered pursuant to this section,
except those falling within the gross weight group of ten thousand pounds
and less as shown in paragraph (a) hereof, shall cause to be painted on
each side of such vehicle, in letters and figures of such color and in
such position as shall be prescribed by the Commissioner, not less than
three inches in height, the empty weight of the vehicle and the gross
weight on the basis of which it is registered and licensed, and to have
painted, or otherwise plainly and legibly shown, on both sides of such
vehicle, except in the case of private carriers, in letters not less than
three inches in height, the name and address of the owner of such vehicle.

(d) It shall be unlawful for any person to operate, or to permit the
operation of, any motor vehicle, trailer or semi-trailer for which the
fee for registration and license plates is prescribed by subsection (a)
of this section, on any highway of this State, under any of the following
circumstances :

(1) Without first having paid the registration and license plate fee
hereinabove prescribed, or

(2) Without having painted on each side thereof if such marking is
required by this section, the empty weight of such vehicle and the gross
weight on the basis of which it is registered and licensed, or

(3) If, at the time of any such operation, the gross weight, of the
vehicle, or of the combination of vehicles of which it is a part, is in
excess of the gross weight on the basis of which it is registered and

‘licensed.

(4) Every trailer or semi-trailer designed for use as living quarters
for human beings shall be subject to a flat annual license fee of seven
dollars and fifty cents ($7.50), and no such trailer shall be operated,
propelled or drawn over the highways of this State unless and until such
license fee is paid and proper license plates and registration issued, pro-
vided, however, that this requirement does not apply to non-residents if
such trailer is properly licensed in such non-resident’s home state.

Any officer authorized to enforce the motor vehicle laws, having
reason to believe that the gross weight of any motor vehicle, trailer or
semi-trailer being operated on any highway of this State exceeds that on
the basis of which such vehicle is registered and licensed, is authorized
to weigh the same by such means as the Commissioner may prescribe,
and the operator, or other person in possession of such vehicle, shall
permit such weighing whenever requested by such officer.

Any person who violates any provision of this subsection is guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00), or by confinement in jail for not more than six
months, or by both such fine and imprisonment.

(e) The fee for the certificate of registration and license plates
to be paid to the Commissioner by the owner of a one or two wheel
trailer with a body length of not more than nine feet and a width not
greater than the width of the motor vehicle to which it is attached at
any time of operation, to be attached to the owner’s own motor vehicle
and used only for carrying property belonging to the owner of such
trailer, not to exceed one thousand pounds at any one time, shall be
three dollars and fifty cents ($3.50). It shall be unlawful to operate
any trailer so registered and licensed, however, contrary to any restric-
tion prescribed in the preceding sentence.

(f) The fee for the certificate of registration and license plates to
be paid by the owner of any motor vehicle, trailer or semi-trailer, upon
which well-drilling machinery is attached and which is permanently
used solely for transporting such machinery shall be ten dollars.

(g) The Commissioner shall issue appropriately designated tags
for property carrying vehicles to applicants holding themselves out for
private employment as property carriers for rent or for hire, and to
applicants who operate as contract-carriers or common carriers or
restricted common carriers by motor vehicle of property under certificates
or permits issued by the State Corporation Commission or by the
Interstate Commerce Commission.

(h) As used in this section the term “gross weight” means the
aggregate weight of a vehicle, or combination of vehicles, and its load.

(i) The Commissioner may issue appropriately designated license
plates to persons engaged in the business of delivering unladen motor
vehicles under their own power from points of assembly and/or dis-
tribution.

Every applicant for license plates to be issued under this subsection,
shall, on or before the first day of April in each year, or before he begins
delivery of said vehicles, make application to the Commissioner for certi-
ficates of registration and license upon such forms as may be prescribed
by the Commissioner. On the payment of a fee of seventy dollars a
certificate of registration and license shall be issued to the applicant in
such form as may be prescribed by the Commissioner. The Commissioner
shall issue to such applicant two sets of license plates. For each addi-
tional set of license plates a fee of fifteen dollars per set shall be paid
by such applicant.
It shall be unlawful for any person to use such license plates other
than on unladen motor vehicles, trailers, and semi-trailers which are
being delivered from points of assembly and/or distribution in the usual
and ordinary course of such delivery business ; and the operators of such
vehicles being delivered, bearing license plates issued under this sub-
section, shall at all times during such operation have in their actual
possession proper bill of lading showing the point of origin and destina-
tion of the vehicle being delivered, and describing same.

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 demand,
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 application
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.
Sixth. To operate or cause to be operated or to permit the operation
of a “for hire” vehicle over or on the highways of this State unless the
name and address of the owner of such vehicle plainly appears on both
sides of such vehicle in letters not less than three (3) inches in height.