CHAPTER 59

An Act to amend and reenact § 46-1 of the Code of Virginia, relating to
certain definitions so as to provide for certain additional definitions.

fH 312]
Approved February 25, 1954

Be it enacted by the General Assembly of Virginia:

1. That § 46-1 of the Code of Virginia be amended and reenacted as
follows:

§ 46-1. The following words and phrases when used in this title shall,
for the purpose of this title have the meanings respectively ascribed to
them in this section except in those instances where the context clearly
indicates a different meaning:

(1) ‘Commission”’.—The State Corporation Commission.

(2) “Commissioner”’.—The Commissioner of the Division of Motor
Vehicles of this State.

(3) “Compensation”’.—Money or the equivalent thereof.

(4) “Division”’.—The Division of Motor Vehicles of this State, acting
directly or through its duly authorized officers and agents.

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

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

(7) “Foreign vehicle’.—Every motor vehicle, trailer or semitrailer
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.

(8) “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.

(9) “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.

(10) “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.

(11) “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.
(12) “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 pounds and equipped with an
engine of less than six horsepower, except any such vehicle as may be
included within the term “tractor” as herein defined.

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

(18a) “Antique motor vehicle’.—Every motor vehicle, as herein de-
fined, which is over twenty-five years old and is owned solely as a collector’s
ttem; and is used for participation in club activities, exhibits, tours,
parades, and similar uses, but in no event used for general transportation,
may be classified by the Commissioner as an antique motor vehicle.

(14) “Nonresident”.—Every person who is not a resident of this
State except the nonresidents referred to in § 46-124.

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 title; 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.

(15) ‘“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
title, except that in all such instances when the rent paid by the lessee
includes charges for services of any nature or when the lease does not
provide that title shall pass to the lessee upon payment of the rent stipu-
lated, the lessor shall be regarded as the owner of such vehicle and the
vehicle shall be subject to such requirements of this title as are applicable
to vehicles operated for compensation.

(16) ‘“Person’”.—Every natural person, firm, partnership, association
or corporation.

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

(18) “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 addition or
substitution of essential parts, new or used, derived from other vehicles
or makes of vehicles.

(19) “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.

(20) “Semitrailer”.—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.

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

(22) ‘Specially constructed vehicles”.—Any vehicle which shall not
have been originally constructed under a distinctive name, make, model
or type by a generally recognized manufacturer of vehicles.

(23) “Superintendent”.—The Superintendent of the Department of
State Police of this State.

(24) ‘‘Town’’.—An incorporated town.

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

(26) “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.

(27) ‘‘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.

(28) “Operation or use for rent or for hire’, etc.—The terms opera-
tion or use for rent or for hire, for the transportation of passengers, or
as a property carrier for compensation, and the term business of trans-
porting persons or property, wherever used in this title, mean any owner
or operator of any motor vehicle, trailer or semitrailer operating over the
highways of this State who accepts or receives compensation for the
service, directly or indirectly.