CHAPTER 666

An Act to amend and reenact §§ 46-212, 46-226, 46-281, 46-288 and 46-878
of the Code of Virginia, as amended, relating to the regulation of
traffic, and revocation of drivers’ licenses of certain persons by the
Division of Motor Vehicles, and to amend the Code of Virginia by
adding thereto sections numbered 46-195.1, 46-215.1, 46-847.1,
46-847.2 and 46-416.1, relating respectively to surrender of certain
licenses of certain persons under certain conditions, revocation of
certain licenses of certain persons, providing certain penalties for
operating motor vehicles after licenses have been revoked, and to
provide certain other revocations of licenses under certain conditions,
and to repeal § 46-211. of the Code of Virginia, relating to driving
when license suspended.

[H 588]

Approved April 4, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 46-212, 46-226, 46-231, 46-238 and 46-378 of the Code of
Virginia, as amended, be amended and reenacted, and that the Code of
Virginia be amended by adding thereto sections numbered 46-195.1,
46-215.1, 46-347.1, 46-347.2 and 46-416.1, the amended and new sections
being as follows:

§ 46-195.1. In any case in which the accused is convicted of an
offense, upon the conviction of which the law requires revocation or
suspension of the operator’s or chauffeur’s license of the person so con-
victed, such justice or judge shall order the surrender of such license,
which shall remain in the custody of the court until (1) the time allowed
by law for appeal has elapsed, when it shall be forwarded to the Com-
missioner, or (2)an appeal is effected and proper bond posted, at which
time it shall be returned to the accused.

Provided, however, when the time of suspension or revocation coin-
cides or approximately coincides with the appeal time, such justice or
gudge may retain the license and return the same to the accused upon
the expiration of the suspension or revocation.

46-212. Speed limits and other driving regulations.—Any person
who shall:

(1) Drive any vehicle upon a highway in this State at such speed as
unnecessarily to block, hinder or retard the orderly and safe use of the
highway or so as to cause congestion on the highway;

(2) Drive upon any highway in this State any motor vehicle at a
speed in excess of:

(a) Fifteen miles an hour when passing a school during recess or
while children are going to or leaving school, provided that markers be
placed on the highways so as to indicate the location of such school;

(b) Twenty-five miles an hour in a business district;

(c) Twenty-five miles an hour in a residential district; or

(d) Such speed as may be determined as follows: (i) The State High-
way Commission on all highways maintained by the State Highway
Department or the authorities of cities.and towns on all highways main-
tained by them may increase or decrease the speed in business districts
and residential districts, provided such areas or points are clearly indi-
cated by markers or signs and such speed shall be based upon an engineer-
ing and traffic investigation, or (ii) such speed as shall be fixed by the
State Highway Commission on all highways maintained by the State
Highway Department or the authorities of cities and towns on all high-
ways maintained by them for congested areas or curves, right angle turns
or other dangerous points on the highways, when such areas or points
are clearly indicated by markers or signs and such speed shall be based
upon an engineering and traffic investigation;

(e) Forty miles per hour when towing a motor vehicle which is self-
propelled or designed for self-propulsion in which there is no driver.

(3) Drive anywhere else upon a highway in this State any school bus
carrying school children to or from school at a speed in excess of thirty-five
miles per hour, or any other passenger carrying bus at a speed in excess
of fifty-five miles per hour, or any passenger motor vehicle or motorcycle
at a speed in excess of fifty-five miles per hour, or any * truck at a speed
in excess of forty-five miles per hour, * or any other motor vehicle at a
speed in excess of fifty-five miles per hour, unless the State Highway
Commission prescribes a lower rate of speed;

be 4) Drive to the left of the center of a street except upon one-way
streets;

(5) Violate any provision of the right of way laws, as set forth in
§§ 46-238 to 46-240 and 46-244;

6) Drive a vehicle out of an alley, lane or building into a street
without first bringing such vehicle to a stop immediately before entering
such street;

(7) Make a left turn without passing to the right of the center of
the intersection, * except as otherwise provided;

(8) Make a right turn without keeping close to the curb;

(9) Coast or operate a motor vehicle with the gears in neutral;

(10) While operating a vehicle upon any highway, fail or refuse to
control the lights of such vehicle by shifting, depressing, tilting or
dimming the headlight beams thereof so as not to project into the eyes
of the driver of any oncoming vehicle a glaring or dazzling light; or

(11) Drive any motor vehicle in any county having a population of
more than six hundred inhabitants per square mile, or in any section or
zone of such county, at any speed greater than the applicable maximum
speed or speeds prescribed therefor pursuant to the provisions of § 46-205
by the governing board of such county;

(12) Pass or attempt to pass on an upgrade hill in such manner as
to impede the passage of following traffic, while operating a truck or
tractor and trailer, any truck or tractor and trailer going in the same
direction ;

(13) Drive any vehicle or combination of vehicles which is operating
under a special permit issued by the Department of Highways in accord-
anne with §§ 46-828 and 46-889 at a speed greater than thirty miles per

our.

(14) Drive a vehicle when it is so loaded, or when there are in the
front seat such number of persons, as to obstruct the view of the driver
to the front or sides of the vehicle or as to interfere with the driver's con-
trol over the driving mechanism of the vehicle;

Shall be guilty of a misdemeanor and upon conviction shall be
punished in accordance with the provisions of § 46-18.

§ 46-215.1. When any person shall be convicted of violating any law
of this State which designates the maximum speed limit for the operation
of motor vehicles and the judge or jury shall find that such person exceeded
the prescribed speed limit by more than five miles per hour, then in addt-
tion to any other penalties provided by law, the operator’s permit of such
person may be suspended for a pertod of ten days. For the second and
each subsequent conviction within the period of one year, in addition tc
any other penalties provided by law, the operator’s permit of such person
shall be suspended for a period of sixty days. Nothing contained in this
§ 46-215.1 shall apply to speed violations which occur in cities and towns.
Nor shall the provisions of this section apply in any case unless the
applicable legal speed limit is forty-five miles per hour or more. In case
of conviction the court or judge shall require the delivery of the operator’:
permit to the court, where it shall be held in accordance with § 46-195.1.
The provisions of 8§ 46-59 and 46-425 shall not apply to any person whose
license is revoked under the provisions of this section.

§ 46-226. When overtaking: vehicle may pass on right.—(1) The
driver of a vehicle may overtake and pass upon the right of anothe
vehicle * only under the following conditions:

a. When the vehicle overtaken is making or about to make a lefi
turn, and the driver of such vehicle has given a signal as required;

b. Upon a street or highway with unobstructed pavement not occupiec
by parked vehicles of sufficient width for two or more lines of moving
vehicles in each direction; —

c. Upon a one-way street, or upon any roadway on which traffic ts
restricted to one direction of movement, where the roadway ts free from
obstructions and of sufficient width for two or more lines of moving
vehicles.

(2) The driver of a vehicle may overtake and pass another vehicle
upon the right only under conditions permitting such movement in safety.
In no event shall such movement be made by driving off the pavement or
main-travelled portion of the roadway.

§ 46-281. * Required position and method of turning at intersec-
tions.—The driver of a vehicle intending to turn at an intersection shall
do so as follows:

(1) Right turn: Both the approach for a right turn and a right turn
shal! be made as close as practicable to the right hand curb or edge of the
roadway.

(2) Left turns on two-way roadways: At any intersection where
traffic is permitted to move in both directions on each roadway entering
the intersection, an approach for a left turn shall be made in that portion
of the right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the intersection and
after entering the intersection the left turn shall be made so as to leave
the intersection to the right of the center line of the roadway being
entered. Whenever practicable the left turn shall be made in that portion
of the intersection to the left of the center of the intersection.

(3) Left turns on other than two-way roadways: At any intersection
where traffic is restricted to one direction on one or more of the roadways,
the driver of a vehicle intending to turn left at any such intersection shall
approach the intersection in the extreme left-hand lane lawfully available
to traffic moving in the direction of travel of such vehicle and after enter-
ing the intersection the left turn shall be made so as to leave the inter-
section, as nearly as practicable, in the left-hand lane lawfully available
to traffic moving in such direction upon the roadway being entered.

(4) Local authorities having the power to regulate traffic in their
respective jurisdictions may cause markers, buttons, or signs to be placed
within or adjacent to intersections and thereby require and direct that a
different course from that specified in this section be traveled by vehicles
turning at any intersection, and when markers, buttons, or signs are so
placed no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such markers, buttons or signs.

§ 46-238. Right of way: general rule.—When two vehicles approach
or enter an intersection at approximately the same time the driver of the
vehicle on the left shall yield the right of way to the vehicle on the right
except as otherwise provided in § 46-240. At the traffic circles vehicles
already in the circle shall have the right of way over vehicles approaching
and entering the circle. The driver of any vehicle traveling at an unlawful
speed shall forfeit any right-of way which he might otherwise have
hereunder.

§ 46-347.1. No person whose operator’s or chauffeur’s license has
been suspended or revoked by any court or by the Commissioner s
thereafter drive any motor vehicle in this State unless and until such
suspension or revocation shall have terminated. Any person violating the
provisions of this section shall for the first offense be confined in jail not
less than ten days nor more than six months, and for the second or any
subsequent offense be confined in jail not less than two months nor more
than one year; and may in addition be punished by a fine of not less than
one hundred nor more than one thousand dollars.

8 46-847.2. Notwithstanding any other provisions of law, no person
whose operator’s or chauffeur’s license has been suspended or revoked by
any court or by the Commissioner shall, after such suspension or revoca-
tion shall have terminated, drive any motor vehicle in this State unless
and until such license has been reinstated or a new license issued tn accord-
ance with law. Any person violating the provisions of this section shall
be guilty of a misdemeanor, and, upon conviction thereof, punished
accordingly.

§ 46-378. The Division shall, wpon receipt of a record that a licensed
operator or chauffeur has, (1) been convicted of two traffic violations
occurring during a period of one year in which the vehicle operated by
him was in motion or (2) during a period of one year been involved as
driver of a vehicle in two accidents involving personal injury or property
damage in excess of fifty dollars, or having any other good cause to believe
that a licensed operator or chauffeur is incompetent or otherwise not
qualified under this chapter to be licensed, may, upon written notice of
at least five days to the licensee, require him to submit to an examination
to determine his fitness to operate a motor vehicle upon the highways of
this State. Upon the conclusion of such examination, the Division shall
take such action as may be appropriate and may suspend or revoke the
license of such person or permit him to retain such license, or may issue
a license subject to such restrictions as are authorized to be imposed by
§ 46-373. Refusal or neglect of the licensee to submit to such examination
or comply with such restrictions shall be grounds for suspension or
revocation of his license.

8 46-416.1. The Commissioner shall forthwith revoke, and shall not
thereafter reissue during a period of not less than sixty days but shall
thereafter reissue within a period of six months, the license of any person,
resident or nonresident, upon receiving records of two or more successive
and distinct convictions of violations committed within a twelve month
period of any provision of law, or any rules, regulations, or ordinances duly
enacted in pursuance thereof, establishing the lawful rates of speed of
motor vehicles and making the violation thereof punishable as a crime:
provided that if there be more than two such convictions the period during
which such license may not be reissued shall be at least sixty days and
not more than one year. The provisions of §§ 46-59 and 46-425 shall not
apply to any person whose license is revoked under the provisions of this
section.

2. § 46-211 of the Code of Virginia is repealed.