CHAPTER 8

An Act to amend the Code of Virginia by adding a section numbered 20-
14.1, to provide that marriage licenses shall constitute authority for
only sixty days from date of issuance for the solemnization of mar-
riage ceremonies, to provide that the expiration dates of marriage
licenses be placed on the face thereof, and to provide for the issuance
of successive marriage licenses. (H 79]

Approved February 5, 1958

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
20-14.1 as follows:

§ 20-14.1. Every marriage license issued under § 20-14 shall con-
stitute authority for a period of only sixty days from the date of issuance
for the solemnization of a marriage of the licensees. Whenever such sixty
day period shall have elapsed without the solemnization of a marriage of
the licensees, the license shall expire.

Every clerk, deputy clerk or judge who issues a license for a marriage
shall clearly type, print or stamp upon the face of the license, in substance,
the following: “This license expires (insert date of the sixtieth day follow-
ing issuance)”.

The provisions of this section shall not be construed to prevent
licensees from applying for or receiving an additional license, either before
or after expiration of any license, but no new license shall be issued ex-
cept in compliance with all provisions of law applicable to the issuance
of a license in the first instance.
CHAPTER 8

FINANCE

§ 8.01. Department of Finance—There shall be a Department of
Finance, which shall include the functions of budgeting, accounting and
control, and such other functions as may be provided by ordinance.

§ 8.02. Director of Finance.—The head of the department of finance
shall be the Director of Finance, who shall be appointed by the City
Manager. He shall be a person skilled in accounting and financial control.

§ 8.08. Director of Finance to Give Bond.—The Director of Finance
shall provide a bond with such surety and in such amount as the council
may require.

§ 8.04. Director of Finance; Powers and Duties.—The Director of
Finance, under the supervision of the City Manager, shall have authority
and shall be responsible for the Department of Finance in order to dis-
charge the following functions:

(a) Compile the current expense estimates for the budget for the
City Manager.

(b) Compile the capital estimates for the budget for the City
Manager.

(c) Supervise and authorize the disbursement of all monies and
have control over all expenditures to ensure that budget appropriations
are not exceeded.

(d) Maintain a general accounting system for the city government
and each of its offices, departments and agencies; keep books for and
exercise financial and budgetary control over each office, department and
agency; keep separate accounts for the items of appropriation contained
in the city budget, each of which accounts shall show the amount of the
appropriation, the amounts paid thereon, the unpaid obligations against
it and the unincumbered balance; and require reports of receipts and
disbursements from each receiving and spending agency of the city govern-
ment to be made daily or at such intervals as he may deem expedient.

(e) Submit to the council through the City Manager a monthly state-
ment of all receipts, disbursements and encumbrances of funds in sufficient
detail to show the exact financial condition of the city.

(f) Prepare for the City Manager, as of the end of each fiscal year,
a@ complete financial statement and report.

(g) Approve all proposed expenditures. No appropriation shall be
encumbered and no expenditure shall be made unless the Director of
Finance shall certify that there is an unencumbered balance of appropriated
and available funds.

§ 8.05. Work Programs; Allotments.—Before the beginning of the
budget year, the head of each office, department or agency may be re-
quired to submit to the Director of Finance, at such time as may be set
by him, a work program for the year, which program shal] show the re-
quested allotments of the appropriations for such office, department or
agency, for such periods as may be designated by the City Manager, for
the entire budget year. The City Manager shal] review the requested

ts and may revise, alter or change such allotments before approving
the same. The aggregate of such allotments shall not exceed the total ap-
propriation available to said office, department or agency for the budget

§ 8.06. Allotments, if Required, Shall Constitute Basis of Expendi-
tures and Are Subject to Revision.—The Director of Finance shall au-
thorize all expenditures for the offices, departments and agencies to be
made from the appropriations on the basis of approved allotments and
not otherwise. An approved allotment may be revised during the budget
year in the same manner as the original allotment was made. If, at any
time during the budget year, the City Manager shall ascertain that the
available income, plus balances, for the year will be less than the total
appropriations, he shall reconsider the work programs and allotments of
the several offices, departments and agencies and revise the allotment so
as to prevent the making of expenditures in excess of the said income.

§ 8.07. Transfers of Appropriations——The City Manager may at
eny time transfer any unencumbered appropriation balance or portion
thereof within the same general classification of expenditures within an
office, department or agency.

§ 8.08. Accounting Supervision and Control.—The Director of Fi-
nance shall have power and shall be required to:

(a) Prescribe the forms of receipts, vouchers, bills or claims to be
used by all the offices, departments and agencies of the city government.

(b) Examine and approve all contracts, orders and other documents
by which the city government incurs financial obligations, having pre-
viously ascertained that funds have been appropriated and allotted and
will be available when the obligation shall become due and payable.

(c) Audit and approve before payment all bills, invoices, payrolls
and other evidences of claims, demands or charges against the city
government and with the advice of the City Attorney determine the
regularity, legality and correctness of such claims, demands or charges.

§ 8.09. When Contracts and Expenditures Prohibited.—No officer,
department, or agency shall, during any budget year, expend or contract
to expend any money or incur any liability, or enter into any contract
which by its terms involves the expenditure of money, for any purpose,
in excess of the amounts appropriated for that general classification of
expenditure pursuant to this charter. Any contract, verbal or written,
made in violation of this charter shall be null and void. Any officer or
employee of the city who shall violate this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall cease to hold his office
or employment. Nothing in this section contained, however, shall prevent
the making of contracts or the spending of money for capital improve-
ments to be financed in whole or in part by the issuance of bonds, nor the
making of contracts of lease or for services for a period exceeding the
budget year in which such contract is made, when such contract is per-
mitted by law.

§ 8.10. Appropriations Lapse at End of Year.—All appropriations
shall lapse at the end of the budget year to the extent they shall not have
been expended or lawfully encumbered.

§ 8.11. Fees Shall be Paid to City Government.—All fees received
by any officer or employee shall belong to the city government and shall
be paid to the Department of Finance as and when directed by the Di-
rector of Finance, and the officer or employee shall notify the Director
of Finance and pay same to the Treasurer as and when directed by the
Director of Finance.
§ 8.12. Contracts for City Improvements.—Any city improvement
costing more than $1,000.00, except where such improvement is executed
directly by a city department, shall be executed by contract. All such
contracts for more than one thousand dollars shall be awarded to the
lowest responsible bidder, or if the council should so determine, to such
bidder whose bid is more acceptable to the public interest, after such
public notice and competition as may be prescribed by ordinance, provided
the City Manager shall have the power to reject all bids and advertise
again. Alterations in any contract may be made when authorized by the
council upon the written recommendation of the City Manager.

§ 8.18. No Contract Executed Until Bond Ordinance Effective.—
No contract shall be executed for the acquisition of any property or the
construction of any improvement or betterment to be financed by the
issuance of bonds until the ordinance authorizing the issuance of such
bonds shall have taken effect and any contract executed before such day
shall be unenforceable in any court of law.

§ 8.14. Independent Audit.—The council shall cause to be made not
less than every five years from the date of the adoption of this charter
an independent audit of all accounts, books, records and financial trans-
actions of the city, including the school board by the auditor of public
accounts of the Commonwealth or by a firm of independent certified public
accountants to be selected by the council. The report of such audit shall
be filed within such time as the council shall specify and one copy thereof
shall always be available for public inspection in the office of the City
Manager during regular business hours.

§ 8.15. Power to Sell Property for Taxes.—The city treasurer or city
collector if designated by council, shall have any or all of the powers which
are now or which may be hereafter vested in any officer of the state
charged with the collection of state taxes, and may collect the same in the
same manner in which state taxes are collected by any officer of this state.
No deed of trust or mortgage upon goods and chattels shall prevent the
same from being distrained or sold for taxes assessed thereon, no matter
in whose possession such goods and chattels may be found. A tenant from
whom payment of taxes on his landlord’s property shall be obtained by
distress or otherwise shall have credit for the same against such person
on account of his rent, unless by contract the tenant is to pay such taxes.
The council may require a list of all real estate in the city delinquent for
the nonpayment of taxes thereon for the preceding year to be recorded
at a book of delinquent taxes to be kept in the office of the Director of

nance.

§ 8.16. Penalties for Nonpayment of Taxes.—The council may im-
pose penalties for the nonpayment of city taxes and levies and for the
failure to make any return required by law for the assessment of taxes,
and may cause such penalties to be added to the amount of taxes and
levies due from taxpayers, as it may by ordinance or resolution from
time to time prescribe; and after such penalty has been added, the city
treasurer or the city collector if designated by the council shall have the
power of distress, garnishment or action and any other power now pos-
sessed or that may hereafter be given to any person charged with the
collection of state taxes after the penalty for the nonpayment of State
taxes has been added. Should it come to the knowledge of the city treasurer
or said city collector that any person, firm or corporation owing taxes
or levies to the city is moving or contemplating moving therefrom prior
to the time said penalty may be added by the council, he shall have the
right to collect taxes by distress, garnishment, suit or action or otherwise
at any time after such bills for taxes have come into his hands.
Chap 9

Auditor

§ 9.01. City Auditor.—There shall be a City Auditor to be appointed
by the council for a four year term. He shall be qualified by training and
experience for the duties of his office, and shall have supervision and
control of the personnel in his department. It shall be his duty to examine
and audit all accounts, books, records and financial transactions of the
City and of any department, court, board, commission, office or agency
thereof, including all trusts and special funds. It shall be his duty to make
annually to the council, as soon after the end of the fiscal year as possible,
a complete audit report covering the transactions of the preceding
year as they appear in the accounts, books and records kept in all de-
partments of the City, including Department of Finance, with such com-
ments and recommendations as he may deem advisable. He shall make
examinations and audits of the accounts, books and records of other de-
partments, courts, boards, commissions, offices and agencies subject to
examination and audit by him at such times as he or the council shall
deem necessary, and upon completion of each such examination or audit,
shall file with the council a report thereof in writing. He shall also
transmit a copy of each such report to the City Manager and to the de-
partment, court, board, commission, office or agency covered thereby. If
he shall at any time discover any unauthorized, illegal, irregular or un-
sound practice he shall forthwith lay such facts before the City Manager
and the Council. If he shall at any time discover mistakes in bookkeeping,
he shall submit them to the department, court, board, commission, office
or agency involved for correction. In performing his duties he shall have
access at any and all times to all books, records, and accounts of each
department, court, board, commission, office or agency of the City subject
to examination and audit by him. He shall cooperate with the City Manager
and make such special investigations and reports as requested of him by
the City Manager.

CHAPTER 8

REGISTRATION AND LICENSING
Article 1
Registration and Licensing Generally

§ 46.1-41. Except as otherwise provided in §§ 46.1-42 through
46.1-49, 46.1-119 and 46.1-120 every person, including every railway, ex-
press and public service company, owning a motor vehicle, trailer or semi-
trailer intended to be operated upon any highway in this State shall,
before the same is so operated, apply to the Division for and obtain the
registration thereof and a certificate of title therefor. _

§ 46.1-42. The Division may make and enforce regulations providing
that upon proper application for a certificate of title and registration
of a vehicle, either new or after a transfer, such vehicle may be operated
upon the highway (1) under a temporary permit issued by the Division
or (2) a duplicate application carried in the vehicle.

§ 46.1-48. (a) The Commissioner may, if in his opinion it is equi-
table, grant a special temporary registration or permit for the operation of
tractors, tractor-trucks, trucks and heavy duty trailers for the transporta-
tion of heavy construction equipment, cranes, well-digging apparatus and
other heavy equipment upon the highways of this State from one point to
another within this State, or from this State to a point or points without
this State, or from without this State to a point or points within this State.
Such special registration or permit shall give the registration or permit
number, the date of issue, the date of expiration and the route to be
traveled and shall be displayed in a prominent place on the vehicle or other
apparatus.

(b) For such special temporary registration or permit the applicant
shall pay a fee based upon the sum of ten cents per mile for each and every
mile to be traveled by the tractor, tractor-truck, truck, heavy duty trailer,
crane, well-digging apparatus or other heavy equipment.

§ 46.1-44. (a) The Commissioner may, if in his opinion it is equi-
table, grant a special temporary registration or permit for the transporta-
tion of mobile homes or house trailers, which exceed the size permitted by
law, upon the highways of this State from one point to another within this
State, or from this State to a point or points without this State, or from
without this State to a point or points within this State. Such special
registration or permit shall give the registration or permit number, the
date of issue, the date of expiration and the route to be traveled and shall
be displayed in a prominent place on the vehicle.

(b) The authorities in cities and towns regulating the movement
of travel and traffic therein may prescribe the route or routes over which
such mobile homes or house trailers may be transported and no mobile
home or house trailer shall be transported through any city or town except
along such prescribed route or routes.

(c) For such special temporary registration or permit, issued there-
under, the applicant shall pay a fee of one dollar for each permit issued.

(d) No special mileage permit, as herein authorized, shall be issued
hereunder covering any of the above mentioned mobile homes or house
trailers which are subject to a license.

8 46.1-45. (a) No person shall be required to obtain the annual regis-
tration certificate and license plates or to pay the fee prescribed therefor,
pursuant to the provisions of this chapter, for any truck upon which is
securely attached a machine for spraying fruit trees and plants of the
owner or lessee of the truck or for any motor vehicle, trailer or semi-
trailer, which is used exclusively for agricultural or horticultural purposes
on lands owned or leased by the owner thereof and which is not operated
on or over any public highway of this State for any other purpose other
than for the purpose of operating it across a highway or along a highway
from one point of the owner’s land to another part thereof, irrespective
of whether or not the tracts adjoin, provided that the distance between the
points shall not exceed ten miles, or for the purpose of taking it or other
fixtures thereto attached, to and from a repair shop for repairs. The
foregoing exemption from registration and license requirements shall also

apply to any vehicle hereinbefore described or to any farm trailer owned
by the owner or lessee of the farm on which such trailer is used, when
such trailer is used by the owner thereof for the purpose of moving farm
produce and livestock from such farm along a public highway for a dis-
tance not to exceed ten miles to a storage house or packing plant, when
such use is a seasonal operation.

(b) The exemptions contained in this section shall also apply to farm
machinery and tractors; provided further that such machinery and tractors
may use the highways in going from one tract of land to another tract of
land regardless of whether such land be owned by the same or different
persons.

(c) The exemptions contained in this section shall also apply to any
motor vehicle, trailer or semitrailer validly registered in another state
and bearing valid license plates issued by such state, for the use of which
the owner or lessee of a farm has contracted as an incidental part of the
harvesting of a crop from such farm, while such vehicle is engaged in
moving farm produce from such farm as an incidental part of such har-
vesting operations, along a public highway for a distance not to exceed
ten miles to a storage house, packing plant, market, or transportation
terminal, when such use is a seasonal operation and when the owner of such
vehicle has secured from the Commissioner an exemption permit for each
such vehicle. The Commissioner, upon receipt of certification by the
Superintendent of State Police that such vehicle is entitled to the exemption
set forth in this paragraph shall issue such exemption permit on a form
to be prescribed by him, which shall be carried at all times by the operator
of the vehicle, for which it is issued or in a conspicuous place on such
vehicle. Such exemption permit shall be valid for a period of ninety days
from date of issue and shall be renewable by the procedure set forth above.

(d) Any vehicle exempted hereunder from the requirements of annual
registration certificate and license plates and fees therefor shall not be
permitted to use the highways as above provided between sunset and sun-
rise unless said vehicle is equipped with headlights, tail lights and other
lights required by law.

(e) The exemptions contained in this section shall also apply to any
farm or other tractor, trailer, log cart or similar vehicles owned by a saw
mill operator when operated on a highway while being moved from one
site to another, or being taken to or from a repair shop for repairs, or
while crossing a highway from one contiguous tract of land to another.

§ 46.1-46. No person shall be required to obtain an annual registra-
tion certificate and license plates or to pay the fee prescribed therefor pur-
suant to the provisions of this chapter for any fire fighting trucks, trailers
and semitrailers upon which there is permanently attached fire fighting
apparatus when such vehicles are owned or under exclusive control of a
volunteer fire department, or for ambulances or other vehicles owned or
used exclusively by such volunteer fire departments or volunteer life saving
or first aid crews or rescue squads; provided that any such vehicle is used
exclusively as an ambulance or life saving and first aid vehicle and is not
rented, leased or loaned to any private individual, firm or corporation, and
no charges are made by such organizations for the use of such vehicles,
Such equipment must be painted a distinguishing color and conspicuously
display in letters and figures, not less than three inches in height, the
identity of the volunteer fire department, life saving or first aid crew or
rescue squad having control of its operation, provided, however, that such
equipment be used exclusively in the prevention and control of fires, or
for life saving, first aid or rescue activities. Before such equipment may
be operated upon the highways of this State without license plates, there
must be filed with the Division of Motor Vehicles and the Department of
State Police, on forms furnished by the Division of Motor Vehicles, a cer-
tification by the clerk of the circuit court of the county in which such
equipment is based, certifying a description of the equipment and the
name of the volunteer fire department or association, life saving or first
aid crew, or rescue squad.

__ § 46.1-47. Farm tractors, road rollers and road machinery used for
highway purposes need not be registered under this chapter. _

§ 46.1-48. Nothing in this chapter shall apply to the machines known
as Co engines or to any locomotive engines or electric cars running
on rails.

46.1-49. Motor vehicles, trailers and semitrailers owned by the
State and counties, cities and towns thereof and used purely for State,
county and municipal purposes shall be required to be registered and no
fee shall be collected for such license plates and registration, but all such
license plates issued for such purposes, for which no fee is collected and
paid, except such plates as are issued to be used on cars devoted solely to
police work and those for use on the car of the Governor, shall have con-
spicuously inscribed, stamped or printed thereon so as to be easily seen
and read the words “Public Use” and any other or additional license plates
whether paid for or not shall not be used on cars for which public use
plates have been issued except in the case of cars used solely for police
work. Counties, municipalities and the agencies of the federal government
shall certify to the Commissioner of Motor Vehicles the cars to be used
solely for police work.

§ 46.1-50. All motor vehicles owned and used for personal or official
purposes by accredited consular or diplomatic officers of foreign govern-
ments, who are nationals of the state by which they are appointed and are
not citizens of the United States, are hereby exempted from the provisions
of this chapter requiring the payment of registration fees, but all such
vehicles shall display license plates or identification markers approved by
the Commissioner of Motor Vehicles. Every application for license plates
or identification markers hereunder shall be accompanied by the certificate
of the Secretary of State of the United States or his agent that the appli-
cant is entitled thereto under the provisions of this section.

§ 46.1-51. An owner shall make application for a certificate of title
upon appropriate forms to be prescribed and furnished by the Commis-
sioner. The owner shall certify every application for a certificate of title
before a person authorized to administer oaths. Officers and employees of
the Division may administer oaths for the purpose of this title and shall
do so without fee.

§ 46.1-52. (a) Every application for a certificate of title shall contain
a statement of the applicant’s title and of all liens or encumbrances upon
the vehicle and the names and addresses of all persons having any interest
therein and the nature of every such interest.

(b) Every application for a certificate of title shall contain a brief de-
scription of the vehicle to be registered, including the name of the maker,
the vehicle identification or serial number and, upon the registration of a
new vehicle, the date of sale by the manufacturer or dealer to the person
first operating such vehicle.

(c) The application shall contain such other information as may be
required by the Division.

§ 46.1-53. 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 as defined in § 46.1-1, such fact shall be stated in the
application and, with reference to every foreign vehicle which has been
registered 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.

_ § 46.1-54. The Division shall file each application received and when
satisfied as to the genuineness and regularity thereof and that the applicant
is entitled thereto shall register and record the vehicle therein described
and the owner thereof.

§ 46.1-55. In the event that any license plate, or plates, registration
card or certificate of title issued hereunder shall be lost or mutilated or
shall have become illegible, the person who is entitled thereto shall make
immediate application for and obtain a duplicate or substitute therefor
upon furnishing information of such fact satisfactory to the Division and
upon payment of the required fee as herein provided. For a registration
card there shall be no charge. For a certificate of title the charge shall be
two dollars. For one registration license plate the charge shall be one
dollar. For two registration license plates the charge shall be two dollars.
A person, having once applied for and received a duplicate or substitute
set of license plates, shall not be entitled to apply again for and receive a
duplicate or substitute set of license plates during the license year for
which the original set of plates were issued unless the Commissioner finds
that such first duplicate or substitute license plates have been lost or muti-
lated without the fault of the person entitled thereto.

§ 46.1-56. The Division may refuse to grant an application for the
registration of a motor vehicle, trailer or semitrailer or certificate of title
therefor in any of the following events:

(a) When the applicant therefor is not entitled thereto under the
provisions of this title.

(b) When the applicant has neglected or refused to furnish the
Division with the information required in the appropriate official form or
reasonable information required by the Division.

(c) When the fees required therefor by law have not been paid.

(d) When the vehicle is not equipped with proper brakes, proper
lights, proper horn or warning devices, proper mirror, safety glass when
required, muffler, or windshield wiper or proper steering gear, adequate
to insure the safe control of the vehicle or when such vehicle is equipped
with a smoke screen device or is not equipped with a proper electrical or
mechanical device when such device is required by law.

(e) When an applicant, if not resident of this State, has not filed
with the Commissioner a power of attorney appointing him the applicant’s
authorized agent or attorney-in-fact upon whom process or notice may be
served as required in § 46.1-139.

§ 46.1-57. The Commissioner shall not issue any license plates for
use upon vehicles used primarily for passenger transportation owned by
the State or any of its departments, institutions, boards and agencies unless
and until written application shall have been filed with the Director of
the Budget showing the necessity for the use and unless and until the
Director of the Budget shall have directed the Commissioner to issue such
license plates.

46.1-58. The Division shall suspend the registration of any motor
vehicle, trailer or semitrailer which the Division or the Department of
State Police shall determine is not equipped with proper brakes, proper
lights, proper horn or warning device, proper electrical or mechanical
signalling device when such device is required by law, proper mirror,
proper muffler, proper windshield wiper, or proper steering gear adequate
to insure the safe movement of the vehicle as required by this title or
when such vehicle is equipped with a smoke screen device or cutout .or
when such motor vehicle, trailer or semitrailer is otherwise unsafe to be
operated.

§ 46.1-59. The Division shall revoke the registration of a motor
vehicle, trailer or semitrailer and shall revoke the registration card, regis-
tration or license plate or plates, whenever the person to whom the registra-
tion card or registration or license plate or plates have been issued shall
make or permit to be made an unlawful use of the same or permit the use
thereof by a person not entitled thereto, or fail or refuse to pay, within the
cue prescribed by law, any taxes or fees required to be collected by the

ivision.

§ 46.1-60. Whenever the owner of any motor vehicle, trailer or semi-
trailer which is stolen or embezzled notifies the Division directly or through
State or local police authorities of such theft or embezzlement, provided
in the event of an embezzlement the owner shall have first procured a
warrant for the arrest of the persons charged with such embezzlement,
the Division shall immediately suspend the registration of such motor
vehicle, trailer or semitrailer until such time as it shall be notified that the
owner has recovered such motor vehicle, trailer or semitrailer. But notices
given as heretofore provided shall be effective only during the current
registration year in which given. If during such year such motor vehicle,
trailer or semitrailer is not recovered, a new notice may be given with
like effect during the ensuing year. Every owner who has given a notice of
theft or embezzlement must immediately notify the Division of the re-
covery of such motor vehicle, trailer or semitrailer.

§ 46.1-61. From any action by the Division under this chapter sus-
pending, revoking, rescinding or cancelling the registration of any motor
vehicle, trailer or semitrailer or suspending, revoking, rescinding, cancelling
or repossessing any registration card or license number or license plates
an appeal shall lie as of right to any court of record having competent
jurisdiction.

§ 46.1-62. It shall be unlawful for the owner of any motor vehicle,
trailer or semitrailer, license for which has been revoked pursuant to the
provisions of the preceding sections, to fail or refuse to surrender and
deliver up to the Division or any of its officers upon demand a certificate
of title if such certificate of title is incorrect in any material particular,
registration card and license tags so revoked and any person convicted of
a violation of this provision shall be punished by a fine of not less than fifty
dollars nor more than five hundred dollars or by imprisonment in jail for
not less than thirty days or by both such fine and imprisonment.

46.1-68. Every registration under this title unless otherwise pro-
vided, shall expire on the thirty-first day of March next succeeding the date
of registration. Every such registration shall be renewed annually upon
application by the owner and by payment of the fees required by law, such
renewal to take effect on the first day of April each year.

§ 46.1-64. No person shall:

(a) Operate or permit a motor vehicle, trailer or semitrailer, controlled
by him to be operated upon a highway 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 exemp-
tions mentioned in §§ 46.1-45, 46.1-81 and 46.1-113 through 46.1-1389.

(b) Display, cause or permit to be displayed or to have in possession
any registration card, certificate of title or registration license plate, know-
ing the same to be fictitious or to have been cancelled, revoked, suspended
or altered.

(c) Lend or knowingly to permit the use, by one not entitled thereto,
of any registration card or license plate.
(d) Fail or refuse to surrender to the Division or the Department of
State Police, upon demand, any certificate of title or registration card or
registration license plate, which has been suspended, cancelled or revoked
as in this title provided.

_ (e) Use a false or fictitious name or address in any application for the
registration of any motor vehicle, trailer or semitrailer or for a certificate
of title or for any renewal or duplicate thereof, or knowingly to make a false
statement of a material fact or to conceal a material fact or otherwise com-
mit a fraud in any such application.

(f) 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 inches in height, provided that
the provisions contained in this paragraph shall not apply to any motor
vehicle the use of which is restricted to wedding, ambulance or funera:
services, nor to any motor vehicle rented without chauffeur and operated
under a valid lease agreement which provides that the lessee of such
vehicle shall have exclusive control thereof, but this exemption shall not
include motor vehicles leased to common or contract carriers of persons or
property which operate or should operate under certificates or permits
issued by the State Corporation Commission or the Interstate Commerce
Commission.

§ 46.1-65. (a) Except as provided in § 46.1-66 counties, incorporated
cities and towns may levy and assess taxes and charge license fees upon
motor vehicles, trailers and semitrailers. The amount of the license fee
or tax imposed by any county, city or town upon any class of motor vehicles,
trailers or semitrailers shall not be greater than the amount of the license
tax imposed by the State on vehicles of like class. Such license fees and
taxes shall be imposed in such manner, on such basis, and for such
periods, as the proper authorities of such counties, cities, and towns may
determine, and subject to proration for fractional periods of years in
the manner prescribed in § 46.1-165.

(b) The revenue derived from all county, city or town taxes and
license fees imposed upon motor vehicles, trailers or semitrailers shall
be applied to general county, city or town purposes, as the case may be,
except that in any county having a population of more than eleven thou-
sand four hundred but less than eleven thousand nine hundred this revenue
shall be paid into the school fund of such county.

(c) A county, incorporated city, or town may require that no motor
vehicle, trailer or semitrailer shall be locally licensed unless and until the
applicant for such license shall have produced satisfactory evidence that
all personal property taxes upon the motor vehicle, trailer or semitrailer
to be licensed have been paid which have been properly assessed or are
assessable against the applicant by the county, incorporated city or town.

§ 46.1-66. (a) No county, city or town shall impose any tax or
license fee upon any motor vehicle, trailer or semitrailer when:

(1) A similar tax or license fee is imposed by the county, city or
town of which the owner is a resident;

(2) The motor vehicle, trailer or semitrailer is owned by a nonresi-
dent of such county, city or town and is used exclusively for pleasure or
personal transportation and not for hire or for the conduct of any business
or occupation other than that set forth in paragraph (3) of this sub-
division ;

(3) The motor vehicle, trailer or semitrailer is owned by a non-
resident and is used for transporting into and within such county, city
or town, for sale in person or by his employees of wood, meats, poultry,
fruits, flowers, vegetables, milk, butter, cream or eggs produced or grown
by him, and not purchased by him for sale;

(4) The motor vehicle, trailer or semitrailer is owned by an officer or
employee of the State of Virginia who is a nonresident of such county,
city or town and who uses the vehicle in the performance of his duties
for the Commonwealth under an agreement for such use;

(5) The motor vehicle, trailer or semitrailer is kept by a dealer or
manufacturer for sale or for sales demonstration ;

(6) The motor vehicle, trailer or semitrailer is operated by a com-
mon carrier of persons or property operating between cities and towns
in this State and not in intra-city transportation or between cities and
towns on the one hand and points and places without cities and towns
on the other and not in intra-city transportation;

(b) No county shall impose any license fee or tax upon a motor
vehicle, trailer or semitrailer of an owner resident in an incorporated
city or town within the county when such city or town imposes a license
fee or tax upon motor vehicles, trailers or semitrailers.

§ 46.1-67. Nothing contained in this chapter shall affect the right
of any person injured in his person or property by the negligent operation
of any such motor vehicle, trailer, semitrailer, locomotive engine or electric
car to sue and recover damages as heretofore.

Article 2

Certificates of Title and Registration Cards

§ 46.1-68. The Division upon receiving an application for a certifi-
cate of title for a motor vehicle, trailer or semitrailer shall issue to the
owner a certificate of title therefor and a registration card as separate
documents.

§ 46.1-69. The Division upon receiving an application for a certificate
of title to a motor vehicle, trailer or semitrailer showing liens or encum-
brances upon such motor vehicle, trailer or semitrailer shall, upon issuing
to the owner thereof a certificate of title, therefor, show upon the face of
the certificate of title all liens or encumbrances disclosed by such appli-
cation. All such liens or encumbrances shall be shown in the order of their
priority, such priority being according to the information contained in
such application.

§ 46.1-70. Liens or encumbrances placed on motor vehicles, trailers
or semitrailers by the voluntary act of the owner after the original issue
of title to the owner must be shown on the certificate of title. In such
cases, the owner shall file application with the Division on a blank furnished
for that purpose, setting forth the lien or liens and such information in
connection therewith as the Division may deem necessary. The Division,
if satisfied that it is proper that the same be recorded, and upon surrender
of the certificate of title covering the motor vehicle, trailer or semitrailer,
shall thereupon issue a new certificate of title, showing the liens or encum-
brances in the order of their priority, the priority being according to
the date of the filing of the application for same. For the purpose of
recording such subsequent lien, the Commissioner may require any lien
holder to deliver to him the certificate of title. Upon issuing the new cer-
tificate it shall thereupon be sent or delivered to the lien holder from whom
the prior certificate was obtained.

§ 46.1-71. Such certificate of title, when issued by the Division show-
ing a lien or encumbrance, shall be deemed adequate notice to the Com-
monwealth, creditors and purchasers that a lien against the motor vehicle
exists and the recording of such reservation of title, lien or encumbrance
in the county or city wherein the purchaser or debtor resides or elsewhere
is not necessary and shall not be required. Motor vehicles, trailers or semi-
trailers registered or for which a certificate of title shall have been issued
under this title shall not be subjected to, but shall be exempt from, the
provisions of §§ 55-88 to 55-90 and 55-152, nor shall recordation of such
lien in any other place for any other purpose be required or have any effect.

§ 46.1-72. If application for the registration or recordation of a lien
or encumbrance to be placed upon a motor vehicle, trailer or semitrailer
be filed in the office of the Division in the city of Richmond, Virginia,
within ten days from the date of such applicant’s purchase of such motor
vehicle, trailer or semitrailer, it shall be as valid as to all persons, whomso-
ever, including the Commonwealth, as if such registration had been done
on the day such lien or encumbrance was acquired.

46.1-73. The liens shown upon such certificates of title issued by
the Division pursuant to applications for same shall have priority over
any other liens against such motor vehicle, trailer or semitrailer, however
created and recorded, except the lien of mechanics for repairs to the extent
of fifty dollars given by § 48-33 if the requirements therefor exist,
provided the mechanic furnishes the holder of any such recorded lien who
may request it with an itemized sworn statement of the work done and
materials supplied for which the said lien is claimed.

§ 46.1-74. The certificate of title of such motor vehicle, trailer or
semitrailer shall be delivered to the person, firm or corporation holding
the first lien or encumbrance upon the motor vehicle, trailer or semitrailer
and retained by him or them until the entire amount of his or their lien
is fully paid by the owner of the motor vehicle, trailer or semitrailer.
Thereupon the certificate of title shall be delivered to the next lien holder,
amu ee on, or, none, then to the owner of the motor vehicle, trailer or semi-

railer.

§ 46.1-75. An owner upon securing the release of any lien or encum-
brance upon a motor vehicle, trailer or semitrailer shown upon the certifi-
cate of title issued therefor may exhibit the documents evidencing such
release, signed by the person or persons making such release and acknowl-
edged before a notary public or someone authorized by the laws of this
State to take acknowledgments of deeds, and the certificate of title to the
Division; or when it is impossible to secure such release from the beneficiary
of the lien, the owner may exhibit to the Division whatever evidence may
be available showing that the debt secured has been satisfied, together
with a statement by the owner under oath that the debt has been paid.
The Division when satisfied as to the genuineness and regularity thereof
shall issue to the owner either a new certificate of title in proper form or
an indorsement or rider showing the release of the lien or encumbrance
which the Division shall attach to the outstanding certificate of title.

§ 46.1-76. It shall be unlawful and constitute a misdemeanor for a
lienor who holds a certificate of title as provided in this title to refuse or
fail to surrender such certificate of title to the person legally entitled there-
to within ten days after his lien shall have been paid and satisfied.

§ 46.1-77. A levy made by virtue of an execution, fieri facias or other
proper court order, upon a motor vehicle, trailer or semitrailer, for which
a certificate of title has been issued by the Division, shall constitute a lien,
subsequent to liens theretofore recorded by the Division, if and when the
officer making such levy reports to the Division at its office in Richmond,
Virginia, on forms provided therefor by the Division, that such levy has
been made and that the motor vehicle, trailer or semitrailer thus levied upon
has been seized by and is in the custody of such officer. Should such lien
be thereafter satisfied or should the motor vehicle, trailer or semitrailer
thus levied upon and seized be thereafter released by such officer, he shall
immediately report that fact to the Division at its office in Richmond. Any
owner who after such levy and seizure by an officer and before the report
thereof by the officer to the Division shall fraudulently assign or transfer
his title to or interest in such motor vehicle, trailer or semitrailer or cause
the certificate of title thereto to be assigned or transferred or cause a lien
or encumbrance to be shown upon such certificate of title shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not less
than twenty-five nor more than five hundred dollars, or imprisoned in jail
for not less than ten days nor more than twelve months.

46.1-78. The fee to be paid to the Division for the issuance of each
certificate of title shall be one dollar.

§ 46.1-79. (a) The registration card and the certificate of title shall
each contain upon the face thereof the date issued, the registration number
assigned to the owner and to the motor vehicle, trailer or semitrailer, the
name and address of the owner, a description of the registered motor
vehicle, trailer or semitrailer and such other statement of facts as may be
determined by the Division.

(b) The registration card shall contain upon the reverse side forms
for endorsement of the signature and notice to the Division of a transfer
of the motor vehicle, trailer or semitrailer.

(c) The certificate of title shall contain a statement of the owner’s title
and of all liens or encumbrances upon the motor vehicle, trailer or semi-
trailer therein described and whether possession is held by the owner under
a lease, contract or conditional sale or other like agreement. The certificate
of title shall also contain upon the reverse side forms of assignment of title
or interest and warranty thereof with space for notation of liens and en-
panibyenues upon such motor vehicle, trailer or semitrailer at the time of a

ransfer.

§ 46.1-80. It shall be unlawful and constitute a misdemeanor for any
person in this State to have in his possession a certificate of title issued by
the Commissioner to a person other than the holder thereof, unless and
until the certificate of title has been duly assigned to the holder and
acknowledged before a party authorized to administer oaths as provided in
this title. This section shall not apply to lienors who legally hold such
certificates of title as provided in this title.

§ 46.1-81. Each 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
the certificate of title shall promptly after such change is made, secure
a new certificate of title for which he shall pay a fee of one dollar.

46.1-82. Any person who shall individually or in association with
one or more others remove, change or alter any motor number, serial or
other identification number, without the consent of the Division, shall be
guilty of a misdemeanor and shall be punished as provided in § 46.1-16.

§ 46.1-83. Any person who shall knowingly have in his or her pos-
session a motor vehicle, trailer or semitrailer, the motor number, serial
number or identification number of which has been removed, changed or
altered without the consent of the Division shall be guilty of a misdemeanor
and shall be punished as provided in § 46.1-16.

§ 46.1-84. (a) It shall be unlawful to sell, or to operate upon any high-
way in this State, any motor vehicle which does not have stamped upon or
cut into the motor thereof the motor number or which does not bear a
permanent serial or other identification number assigned thereto by the
manufacturer or by the Commissioner, or any trailer or semitrailer which
does not bear a permanent serial or other identification number assigned
thereto by the manufacturer thereof or by the Commissioner. Such num-
ber shall be stamped, cut, embossed or attached in such a manner that it
cannot be changed, altered or removed without plainly showing evidence
which would be readily detectable or which would destroy the attached
plate. Such number shall be die stamped, cut or embossed into or attached
to a permanent part of the vehicle which is easily accessible for checking
or verification, with the exception that nonresident owners who are per-
mitted to operate motor vehicles, trailers or semitrailers without registra-
tion, under the registration provision relating to nonresidents contained
in §§ 46.1-181 through 46.1-139 shall not be required to comply with the
provisions of this section before operating a motor vehicle, trailer or semi-
trailer upon the highways of this State.

(b) The Commissioner shall have authority to adopt reasonable rules
and regulations to carry out the provisions of this section.

§ 46.1-85. Any person who shall alter, with fraudulent intent, any
certificate of title or registration card issued by the Division or by any
other state, or forge or counterfeit any certificate of title or registration
card purporting to have been issued by the Division under the provisions
of this title or by any other state under a similar law or laws or who shall
alter or falsify with fraudulent intent or forge any assignment thereof, or
who shall hold or use any such certificate, registration card or assignment,
knowing the same to have been altered, forged or falsitied, shall be guilty
a felony and upon conviction thereof shall be punished as provided in
§ 46.1-17.

§ 46.1-86. Every certificate of title issued under this article shall be
valid for the life of the motor vehicle, trailer or semitrailer so long as the
owner to whom the same is issued shall retain legal title or right of pos-
session of or to such vehicle. Such certificates need not be renewed
annually or at any other time except upon a transfer of title or interest of
the owner and except as provided in § 46.1-81.

Article 3
Transfer of Certificate of Title

§ 46.1-87. The owner of a motor vehicle, trailer or semitrailer regis-
tered under the provisions of this chapter 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 the motor vehicle, trailer
or semitrailer to the purchaser thereof, with a statement of all liens or
encumbrances thereon, shall acknowledge his signature thereto before a
person authorized to administer oaths and shall deliver the certificate to
the purchaser or transferee at the time of delivering the motor vehicle,
trailer or semitrailer.

§ 46.1-88. Any person who shall sell, trade, exchange or barter a
motor vehicle, trailer or semitrailer in this State without first having
secured a certificate of title therefor or without legally having in his or
her possession a certificate of title therefor issued to the owner thereof,
except as otherwise provided in this title, shall be guilty of a misdemeanor
and shall be punished as provided in § 46.1-16.

§ 46.1-89. The transferee shall write his name and address with pen
and ink upon the certificate of title and, except as provided in § 46.1-90,
shall immediately forward the certificate to the Division with an applica-
tion for the registration of the motor vehicle, trailer or semitrailer and
for a certificate of title.

§ 46.1-90. When the transferee of the 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 the trans-
feree does not drive the motor vehicle, trailer or semitrailer nor permit
it to be driven upon the highways, the transferee shall not be required to
register it nor forward the certificate of title to the Division, as provided
in § 46.1-89, but such transferee upon transferring his title or interest
to another person shall give notice of the transfer to the Division and
shall endorse and acknowledge an assignment and warranty of title upon
the certificate and deliver it to the person to whom the transfer is made.

_§ 46.1-91. The Division upon receipt of a certificate of title properly
assigned and acknowledged, accompanied by an application for registra-
tion, shall register the motor vehicle, trailer or semitrailer therein de-
scribed and shall issue to the person entitled thereto by reason of the
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.

§ 46.1-92. Whenever the applicant for the registration of a motor
vehicle, trailer or semitrailer or a new certificate of title thereto is unable
to present a certificate of title by reason of the same being lost or unlaw-
fully detained by one in possession or whenever such certificate of title is
otherwise not available, the Division may receive the application and ex-
amine into the circumstances of the case and may require the filing of
affidavits or other information. When the Division is satisfied that the
applicant is entitled thereto it may register the motor vehicle, trailer or
semitrailer and issue a new registration card, license plate or plates and
certificate of title to the person entitled thereto.

§ 46.1-98. Except as otherwise provided in § 46.1-96 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 semitrailer registered under the provisions
of this chapter, to anyone as legatee or distributee or by an order in
bankruptcy or insolvency, execution sale, repossession upon default in the
performing of the terms of a lease or executory sales contract or other-
wise than by the voluntary act of the person whose title or interest is so
transferred, the transferee or his legal representative shall make applica-
tion 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 semitrailer, if available, together with such
instruments or documents of authority, or certified copies thereof, as are
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 the transfer shall cancel the registration of the motor ve-
hicle, trailer or semitrailer and issue a new certificate of title to the
person entitled thereto.

§ 46.1-94. If the holder of a certificate of title be dead and there has
been no qualification on his estate, a transfer may be made by a legatee or
distributee if there be presented to the Division an affidavit made by a
legatee or distributee to the effect that the motor vehicle covered by such
certificate is the only personal property belonging to the estate of the
deceased owner and that his debts have been paid in full or that the pro-
ceeds from the sale of such motor vehicle will be used to apply against his
debts. The affidavit shall state the name, residence at the time of death,
date of death and the names of all other persons, if any, having an interest
in the motor vehicle which is sought to be transferred and, if there are such
other persons who are of legal age, they shall signify in writing their
consent to such transfer of the title.

§ 46.1-95. An owner who sells or transfers a registered motor ve-
hicle, trailer or semitrailer may have the license plates and the registra-
tion number thereon assigned to another vehicle titled in such owner’s
name according to the provisions of this chapter, which is in a like vehicle
category as specified in § 46.1-149 and which requires an identical registra-
tion fee, upon application to the Division accompanied by a fee of one dollar,
or if such other vehicle require a greater registration fee than that for
which the license plates were assigned, upon the payment of a fee of one
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.

§ 46.1-96. Upon the death of an owner of a registered motor vehicle,
trailer or semitrailer, its registration shall continue in force as a valid
registration until the end of the year for which the license is issued or
until the ownership of the motor vehicle, trailer or semitrailer is trans-
ferred before the end of such year by the executor or administrator of the
estate of the deceased owner or by a legatee or distributee of the estate,
as provided in §§ 46.1-92 or 46.1-93.

§ 46.1-97. (a) 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.

(b) 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 on or before 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 on or before the first day of January of the current
license year. No refund shall be made when the application therefor is
made after the first day of January of the current license year.

§ 46.1-98. (a) Every dealer or person, upon purchasing a motor ve-
hicle, trailer or semitrailer which is to be demolished shall immediately
surrender the title certificate thereto to the Division and file therewith a
copy of the bill of sale or other instrument transferring ownership. Failure
to surrender the title certificate shall constitute a misdemeanor punishable
under § 46.1-16.

(b) 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 inspec-
tion of the vehicle as to mechanical condition, fitness and safety, before
issuing the new title certificate.

Article 4
License Plates

_§ 46.1-99. (a) The Division shall furnish to every owner whose motor
vehicle, trailer or semitrailer is registered one license plate for a motor-
cycle, semitrailer, or trailer, and two license plates for every other motor
vehicle, except to licensed motor vehicle dealers and persons delivering
unladen vehicles who shall be furnished one plate. The license plates for
trailers, semitrailers, 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.

(b) The Division shall issue appropriately designated license plates
for passenger-carrying vehicles for rent or hire for the transportation of
passengers for private trips; for taxicabs; for passenger-carrying vehicles
operated by common carriers or restricted common carriers; for property-
carrying vehicles to applicants who operate as private carriers only and
to applicants who operate as carriers for rent or for hire.

_ (c) No vehicle shall be operated upon the highways of this State
without displaying the license plates required by this chapter.
§ 46.1-100. Notwithstanding the provisions of §§ 46.1-99 and 46.1-106,
if the Division is unable to secure sufficient suitable material to provide two
license plates for each motor vehicle for any year, it may provide only one
for each vehicle, which shall be attached to the rear end thereof in the
manner provided in § 46.1-107.

§ 46.1-101. Every license plate shall have displayed upon it the regis-
tration number assigned to the motor vehicle, trailer or semitrailer and to
the owner thereof, also the name of this State, which may be abbreviated,
and the year for which it is issued. Subject to the need for clear visibility
the size of the plate, the letters and numerals thereon, and the color of the
plate and letters and numerals shall be in the discretion of the Commis-
sioner.

§ 46.1-102. Every license plate 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 title provided.

§ 46.1-103. (a) Notwithstanding the provisions of §§ 46.1-99(a) and
46.1-101 the Division may, in its discretion, issue a type of license plate
suitable for permanent use on motor vehicles, trailers, semitrailers 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 Commissioner.

(b) Every permanent license plate shall be returned to the Division
whenever the owner of a vehicle disposes of the 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 the plate is intended to be
used on a subsequently acquired motor vehicle.

(c) Every permanent license plate shall be returned to the Division
whenever the owner of a vehicle elects to garage the vehicle and discon-
tinue the use of the 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.

§ 46.1-104. Upon receipt of an application on a form prescribed by
the Commissioner, the Commissioner may issue appropriately designated
license plates to owners of antique motor vehicles. Such license plates shall
be valid so long as title to such vehicle is vested in the applicant. The fee
for the certificate of registration and license plates of any such vehicle shall
be five dollars.

§ 46.1-105. (a) The Commissioner of the Division of Motor Vehicles
upon request shall supply any amateur radio operator licensed by the
federal government or an agency thereof, and having radio transmitting
and receiving equipment permanently installed in his motor vehicle, metal
license plates bearing his official call letters assigned by the federal govern-
ment or an agency thereof. No other State license plates shall be required
on such motor vehicle.

(b) The Commissioner shall charge a fee of one dollar in addition to
the prescribed cost of State license plates, for each set of plates issued
under the provisions of this section. The revenue derived under the pro-
visions of this section shall be paid into the State treasury to the credit of
the fund set aside for the construction and maintenance of the State high-
way system.

§ 46.1-106. License plates assigned to a motor vehicle, other than a
motorcycle, trailer or semitrailer, or to persons licensed as motor vehicle
dealers or transporters of unladen vehicles, 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 semitrailer shall be attached to the rear thereof.
The license plates issued to licensed motor vehicle dealers and to persons
licensed as transporters of unladen vehicles shall consist of one plate for
each set issued and shall be attached to the rear of the vehicle to which it is
assigned. License plates shall be so displayed during the current regis-
tration year.

§ 46.1-107. Every license plate shall at all times be securely fastened
to the motor vehicle, trailer or semitrailer 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 in a condition to be clearly legible. 1n-
signia, emblems, or trailer hitches or couplings shall not be mounted in
such a way that any portion of the license is illegible. The Superintendent
may make such rules and regulations as he may deem advisable to enforce
the proper mounting and securing of the license plate on the vehicle.

§ 46.1-108. Registration and license plates or a license plate issued
under the laws of this State for a succeeding license year may be used
without penalty on and after March fifteenth of the calendar year in which
such license year begins; registrations and license plates or a license plate
issued under the laws of this State for a preceding license year may be
used without penalty during the first fifteen days of a current license year.

§ 46.1-109. An owner who has made proper application for renewal
of registration of a motor vehicle, trailer or semitrailer prior to April first
but who has not received the license plates, plate or registration card for
the ensuing license year shall be entitled to operate or permit the operation
of such vehicle upon the highways upon displaying thereon the license
plates or plate issued for the preceding year for such time to be prescribed
uy the Division as it may find necessary for issuance of such new plates or

ate.

§ 46.1-110. (a) The Commissioner may, if in his opinion it is equi-
table, grant a special permit for the use of registration plates on a vehicle
other than the vehicle for which the plates were issued, when the vehicle
for which such plates were issued is undergoing repairs in a licensed motor
vehicle dealer’s repair shop and when the plates are being used on a vehicle
owned by the dealer in whose repair shop the vehicle is being repaired.

(b) Application for such permit shall be made jointly by such dealer
and the person whose vehicle is being repaired, on forms provided by the
Division and must show, in addition to such other information as may be
required by the Commissioner, that an emergency exists which would war-
rant the issuance of such permit.

(c) Such permit shall be evidenced by a certificate issued by the Com-
missioner and which shall show the date of issuance, the person to whom
issued, the motor number, serial number or identification number of the
vehicle on which such plates are to be used and shall be in the immediate
possession of the person operating such vehicle at all times while operating
the same. Such certificate shall be valid for a period of five days from its
issuance. Upon its expiration, application may be made for a renewal per-
mit in the manner as herein provided for the original permit but only
one such renewal permit shall be issued to cover any one emergency.

§ 46.1-111. The Division of Motor Vehicles is authorized, upon the
written request of the governing body of any county, city or town, to sell
license plates for motor vehicles issued by such county, city or town. The
Division is authorized to make such contractual arrangements in connection
therewith as are not in conflict with this chapter and as will not obligate
the State in any fashion. The cost of any additional bond, if any required,
shall be paid by the county, city or town whose license plates are so sold
and may be deducted from the compensation paid to the Division of Motor
Vehicles. The Division may make such charge as may be proper to defray
the cost of handling such plates and such compensation as may be received
shall be used by the Commissioner to defray the expenses of the Division
incurred hereunder. The receipts from the sale of such licenses shall be
disposed of as provided in the contract between the Division and the coun-
ties, cities and towns involved.

§ 46.1-112. (a) Any person who shall alter, with fraudulent intent,
any license plate or plates issued by the Division or by any other state, or
forge or counterfeit any license plate or plates purporting to have been
issued by the Division under the provisions of this title or by any other
state under a similar law or laws or who shall alter or falsify with fraudu-
lent intent or forge any assignment thereof, or who shall hold or use any
such license plate or plates knowing the same to have been altered, forged
or falsified, shall be guilty of a felony and upon conviction thereof shall be
punished as provided in § 46.1-17.

(b) The owner of a vehicle if operating the same when such vehicle
has altered or forged license plates thereon, used as identification plates,
shall be deemed to have knowledge of such alteration or forgery.

Article 5
Registration by Manufacturers and Dealers

§ 46.1-118. (a) A manufacturer of or dealer in motor vehicles,
trailers or semitrailers, owning and operating any motor vehicle, trailer
or semitrailer upon any highway, in lieu of registering each such motor
vehicle, trailer or semitrailer, may obtain from the Division, upon applica-
tion therefor upon the proper official form and upon payment of the fees
required by law, and attach to each such vehicle one or duplicate license
plates as required for different classes of such vehicles by § 46.1-99 (a).
Such plate or set of plates shall each bear thereon a distinctive number, also
the name of this State, which may be abbreviated, and the year for which
issued, together with the word “dealer” or a distinguishing symbol indi-
cating that such plate or plates are issued to a manufacturer or dealer.
Any plates so issued may, during the calendar year for which they have
been issued, be transferred from one motor vehicle, trailer or semitrailer
to another, used or operated by such manufacturer or dealer, who shall
keep a written record of the motor vehicle, trailer or semitrailer upon
which such dealer’s license plates are used. Such record shall be open to
inspection by any police officer or any officer or employee of the Division.

(b) Display of a transferable manufacturer’s or dealer’s license plate
or plates upon a motor vehicle, trailer or semitrailer shall subject such
vehicle to the requirements of §§ 46.1-293 and 46.1-298 of this title.

46.1-114. The Commissioner of the Division of Motor Vehicles shall
provide for the issuance of appropriately lettered or numbered, or com-
binations thereof, of dealers’ license plates so as to distinguish between the
various categories and types of dealers including, but not being limited to,
dealers operating under franchise with a motor vehicle manufacturer
located within the United States, dealers who deal in imported vehicles,
dealers in used motor vehicles, and the several types and classes of persons
entitled to the use of such plates in connection with any other business or
occupation.

§ 46.1-115. (a) Such dealer’s license plates may be used on motor
vehicles, trailers and semitrailers owned by, or assigned to, duly licensed
motor vehicle dealers of this State when operated on the highways of this
State by such dealers or their authorized representatives for demonstration
or sale. Dealers’ license plates shall not be used on motor vehicles such as
wrecking cranes or other service motor vehicles for the use or operation
of which dealers charge or receive compensation.

(b) A dealer may permit such license plates to be used in the operation
of a motor vehicle, trailer or semitrailer by a bona fide prospective pur-
chaser thereof where such dealer issues to such prospective purchaser a
certificate on forms provided by the Division, a copy of which shall be
retained by such dealer and open at all times to the inspection of the Com-
missioner or any of the officers or agents of the Division. Such certificate
shall show the date of issuance, the person to whom issued, the motor or
serial number of the vehicle for the use of which it is issued and the dealer’s
license number, and shall be in the immediate possession of the person
operating or authorized to operate such vehicle. Such certificate shall
entitle such person to operate with dealers’ license plates only on the day
mentioned therein and not more than two such certificates may be issued
by a dealer to the same person on successive days.

§ 46.1-116. (a) Any such dealer who sells and delivers to a purchaser
a motor vehicle at a time when the main offices of the Division of Motor
Vehicles, its branch offices or offices of its local agents, are not open for
business and such purchaser is therefore unable to register such vehicle.
may permit such purchaser to use, for a period not exceeding five days, on
the newly purchased vehicle, license plates which have been issued to such
dealer, provided that at the time of such purchase, the dealer executes
in triplicate, on forms provided by the Commissioner, a certificate bearing
date of issuance, the name and address of the purchaser, the engine num-
ber, serial number or identification number of such vehicle, the registration
number to be used temporarily on such vehicle, the name of the state in
which the vehicle is to be registered and such other information as may
be required by the Commissioner. The original of such certificate and a
bona fide bill of sale shall be delivered to the purchaser and must be in the
possession of the purchaser at all times when operating such vehicle under
dealer plates; one copy of the certificate shall be retained by the dealer,
filed by him and shall be subject to inspection at any time by the Division’s
agents; and one copy of the certificate shall be delivered to the Division
of Motor Vehicles on the first regular business day following the issuance
of such certificate if such vehicle is not to be registered in this State. If
such vehicle is to be titled and registered in this State, application for
title and registration shall be made by the purchaser on the first regular
business day following issuance of such certificate and a copy of such
certificate shall accompany such applications.

(b) License plates temporarily used by such purchaser shall be re-
turned to the dealer by such purchaser not later than five days after the
issuance of such certificate.

(c) Any person who violates any provision of this section is guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine
of not less than twenty-five dollars, and not more than one hundred dollars.

§ 46.1-117. Every manufacturer of or dealer in motor vehicles, trail-
ers or semitrailers, shall obtain and have in possession a certificate of title
issued by the Division to such manufacturer or dealer or to the immediate
vendor of such manufacturer or dealer for each motor vehicle, trailer and
semitrailer operated upon the highways by such manufacturer or dealer,
except that a certificate of title shall not be required for any new motor
vehicle, trailer or semitrailer to be sold as such by a manufacturer or
dealer ; but upon application therefor by such manufacturer or dealer, the
Division shall issue a certificate of title, for any such new motor vehicle,
trailer or semitrailer.

§ 46.1-118. No manufacturer of or dealer in motor vehicles, trailers
or semitrailers shall cause or permit any such motor vehicle, trailer or
semitrailer owned by such person to be operated or moved upon a public
highway without there being displayed upon such motor vehicle, trailer
or semitrailer a license plate or plates issued to such person, either under
§ eet Sp pn § 46.1-113 except as otherwise authorized in §§ 46.1-119
an .1-120.
_§ 46.1-119. Any manufacturer of motor vehicles, trailers or semi-
trailers may operate or move or cause to be moved or operated upon the
highways for a distance of not exceeding twenty-five miles any such motor
vehicle, trailer or semitrailer, from the factory where manufactured or
assembled to a railway depot, vessel or place of shipment or delivery, with-
out registering the same and without license plates attached thereto under
a written permit first obtained from the local police authorities having
jurisdiction over such highways and upon displaying in plain sight upon
each such motor vehicle, trailer or semitrailer a placard bearing the name
and address of the manufacturer authorizing or directing such movement.

§ 46.1-120. Any dealer in motor vehicles, trailers or semitrailers may
operate or move, or cause to be operated or moved, any such motor vehicle,
trailer or semitrailer upon the highways for a distance of not exceeding
twenty-five miles from a vessel, railway depot, warehouse or any place of
shipment or from a factory where manufactured or assembled to a sales
room, warehouse or place of shipment or transshipment without register-
ing such motor vehicle, trailer or semitrailer and without license plates at-
tached thereto, under a written permit first obtained from the local police
authorities having jurisdiction over such highways and upon displaying in
plain sight upon each such motor vehicle. trailer or semitrailer a placard
bearing the name and address of the dealer authorizing or directing such
movement.

Article 6
Temporary License Plates Issued by Dealers

§ 46.1-121. (a) The Division may, subject to the limitations and con-
ditions hereinafter set forth, deliver temporary license plates designed by
the Division to any dealer duly licensed under the provisions of this title
who applies for not less than ten sets of such plates and who encloses
with such application a fee of one dollar for each set for which application
is made. Such application shall be made upon a form prescribed and
furnished by the Division. Such dealers, subject to the limitations and
conditions hereinafter set forth, may issue such temporary license plates
to owners of vehicles, provided that such owners shall comply with the
applicable provisions of this article.

(b) Display of a temporary dealer’s license plate or plates upon a
motor vehicle, trailer or semitrailer shall subject such vehicle to the require-
ments of §§ 46.1-298 and 46.1-298 of this title.

§ 46.1-122. Every dealer who has made application for temporary
license plates shall maintain in permanent form a record of all temporary
license plates delivered to him, shall maintain in permanent form a record
of all temporary license plates issued by him, and shall maintain in perma-
nent form a record of any other information pertaining to the receipt or
the issuance of temporary license plates which may be required by the
Division. Each such record shall be kept for a period of not less than
three years from the date of entry. Every dealer shall allow full and
free access to such records, during regular business hours, to duly author-
ized representatives of the Division and to police officers.

§ 46.1-128. No dealer shall issue a temporary license plate except
upon the written application therefor by the person entitled to receive
the same, which application shall be forwarded by the dealer to the Division
on the day of such issuance.

§ 46.1-124. No dealer shall issue, assign, transfer, or deliver such
temporary license plates to other than the bona fide purchaser or owner
of a vehicle, whether or not such vehicle is to be registered in Virginia.
Such dealer shall, when requested, forthwith transmit to the Division a
written application for the current titling and registration of the pur-
chased vehicle, accompanied by the prescribed fees therefor. Any dealer
who issues such temporary license plates to the purchaser failing or de-
clining to request that such application be so forwarded forthwith shall
notify the Division of such issuance in the manner provided in this article.
No dealer shall issue temporary license plates to any person possessing
current license plates for a vehicle that has been sold or exchanged; nor
shall any dealer lend to any person for use on any vehicle that he may
own, temporary license plates. It shall be unlawful for any person to
issue any temporary license plates containing any misstatement of fact,
or knowingly to insert any false information upon the face thereof.

; § 46.1-125. Every dealer who issues temporary license plates shall
insert clearly and indelibly on the face of each temporary license plate,
the date of issuance and expiration, and the make and serial number of the
vehicle for which issued.

§ 46.1-126. The Commissioner, upon determining that the provisions
of this section or the directions of the Division are not being complied
with by any dealer, may suspend, after a hearing, the right of a dealer to
issue temporary license plates.

§ 46.1-127. Every person to whom temporary license plates have been
issued shall permanently destroy the same on the tenth day after issue or
immediately upon receipt of the current license plates from the Division.

§ 46.1-128. Temporary license plates shall expire and become void
upon the receipt of the current license plates from the Division, or upon
the rescission of a contract to purchase a motor vehicle, or upon the expira-
tion of ten days from the date of issuance, depending upon whichever
event shall first occur. No refund or credit or fees paid by dealers to the
Division for temporary license plates shall be allowed; except that when
the Division shall discontinue the right of a dealer to issue temporary
license plates, such dealer, upon returning temporary license plates to the
Division, may receive a refund or a credit therefor.

§ 46.1-129. The Commissioner shall have the power to make such
rules and regulations, not inconsistent herewith, as he shall deem necessary
for the purpose of carrying out the provisions of this article.

§ 46.1-180. Any person violating the provisions of this article shall
be guilty of a misdemeanor and upon conviction shall be fined not more than
pve sees dollars or imprisoned for not more than twelve months, or

Article 7
Registration by Nonresidents

§ 46.1-181. The privileges extended under §§ 46.1-132, 46.1-134,
46.1-135, and 46.1-137 of this article to nonresident owners of foreign
motor vehicles, trailers and semitrailers operated in this State are extended
only on condition that the same privileges are granted by the state of the
United States or foreign country wherein such nonresident owners are
residents to residents of this State operating motor vehicles, trailers or
semitrailers in such state of the United States or foreign country.

§ 46.1-182. A nonresident owner, except as otherwise provided in this
article, owning any passenger car which has been duly registered for the
current calendar year in the state or country of which the owner is a resi-
dent and which at all times when operated in this State has displayed upon
it the license plate or plates issued for such vehicle in the place of residence
of such owner, may operate or permit the operation of such passenger car
within or partly within this State for a period of six months without
registering such passenger car or paying any fees to this State. But if at
the expiration of such six months such passenger car is still in this State,
such owner shall procure registration and license and shall pay for such
license from the time operation of such vehicle in this State commenced.

§ 46.1-183. Anything in §§ 46.1-131 and 46.1-132 to the contrary not-
withstanding, any nonresident from a state or political division that does
not require the registration of a vehicle like that owned by such nonresident
when such vehicle is owned and operated by a resident of Virginia in the
state or political division in which the foreign vehicle owned or operated
by such nonresident is registered shall not be required to register such
vehicle in this State; provided, however, that this section shall not be so
construed as to permit the operation of any truck, trailer or semitrailer
the weight, length, width, or height of which vehicle or combination of
vehicles is in violation of the provisions of this title or at a speed in viola-
tion of this title; nor shall the privileges provided in this section apply to
common carriers or passenger cars.

§ 46.1-184. Except as provided and permitted under the provisions
of § 46.1-133 a nonresident owner of a foreign motor vehicle, trailer or
semitrailer, which is regularly operated in this State, or from a point or
points without this State to a point or points within this State, or from a
point or points within this State to a point or points without this State, or
through this State, for purposes other than purposes of pleasure, shall,
unless otherwise provided in this article, register such vehicle and pay
the same fees therefor as are required with reference to like vehicles
owned by residents of this State. Any such owner who operates or permits
to be operated one or more such vehicles either simultaneously or alter-
nately as often as four times in any one month shall be considered to be
regularly operating such vehicle or vehicles in this State.

§ 46.1-185. In the event that a nonresident owner of a foreign
motor vehicle operates such vehicle for purposes other than pleasure as
often as four times a month in this State exclusively in interstate com-
merce such nonresident owner shall pay the following charges:

(a) For each such vehicle whose gross weight is less than five thousand
pounds the sum of one cent per mile for each mile operated over the public
highways of this State; for each such vehicle whose gross weight is five
thousands pounds, but less than ten thousand pounds, the sum of one and
one-half cents per mile so operated; for each such vehicle whose gross
weight is ten thousand pounds, but less than fifteen thousand pounds, the
sum of two cents per mile so operated; and for each such vehicle whose
gross weight is fifteen thousand pounds, or more, the sum of two and one-
half cents per mile so operated.

(b) In the event that the mileage charge imposed by this section be-
comes operative, the Commissioner shall collect such charges and pay the
same to the State Treasurer. For the purpose of collecting such charges
the Commissioner is authorized to promulgate such rules and regulations,
appoint such deputies or agents and perform such other acts as shall be
reasonable, necessary and proper for the collection of such charges. The
State Treasurer shall, in the manner provided by law, pay out of any funds
so collected and paid to him the cost of collection of such charges, which
payments shall be in addition to the appropriations otherwise made to the
Division of Motor Vehicles but shall not exceed the amount so collected
and paid to the State Treasurer.

(c) For the purpose of aiding in the enforcement of the provisions of
this section, with reference to the mileage charges, every nonresident
operator required to pay such charges, while transporting property in
interstate commerce over the public highways of this State, shall at all
times cause to be in the possession of the person in charge of such vehicle
a bill of lading or way bill showing the point of origin and destination
of the property so transported. It shall be unlawful for any such non-
resident operator to fail or refuse to pay such charges or to have in his
possession or exhibit any false or fraudulent bill of lading or way bill.

(d) For the purpose of this section “gross weight” shall be the weight
of the chassis (manufacturer’s shipping weight), plus one and one-half
times the manufacturer’s rated carrying capacity. The provisions of this
section shall not be construed to supersede §§ 56-304 through 56-304.12
of this Code.

§ 46.1-136. Every nonresident, including any foreign corporation,
carrying on business within this State and owning and regularly oper-
ating in such business any motor vehicle, trailer or semitrailer within this
State shall be required to register such vehicle and pay the same fees
therefor as is required with reference to like vehicles owned by residents
of this State.

§ 46.1-187. Notwithstanding the other provisions of this article, the
Commissioner, with the consent of the Governor, may extend to the
owners of foreign vehicles operated in this State the same privileges which
are granted by the state of the United States or foreign country wherein
the owners of such foreign vehicles are residents to residents of this State
operating vehicles in such state of the United States or foreign country.

§ 46.1-138. It shall be unlawful and constitute a misdemeanor for
any person to operate a motor vehicle, trailer or semitrailer or for the
owner thereof to permit such motor vehicle, trailer or semitrailer to be
operated in this State on a foreign dealer’s license, unless the operation of
such motor vehicle, trailer or semitrailer on such license is specifically
authorized by the Commissioner.

§ 46.1-189. Each nonresident owner of a motor vehicle, trailer, or
semitrailer making application for the registration thereof in this State
shall file with such application a duly executed instrument, constituting the
Commissioner and his successors in office his true and lawful attorney
upon whom all lawful process against and notice to such owner may be
served in any action or legal proceeding brought as the result of the opera-
tion or use of any motor vehicle, trailer or semitrailer registered by or for
him, within this State; and therein shall agree that any process against
or notice to such owner shall be of the same force and effect as if served on
such owner within this State. The service of such process or notice shall
be made by leaving a copy of the same in the office of the Commissioner
with a service fee of three dollars to be taxed as a part of the costs of the
suit. The Commissioner shall forthwith notify such owner of such service
by letter directed to him at the post office address stated in his application.

Article 8
Registration by Transporters of Motor Fuels

§ 46.1-140. In addition to any other requirement imposed by law
every person transporting motor fuel as a contract or common carrier,
shall before entering upon the highways or waterways of this State,
register his conveyance with the Division upon forms to be provided by
the Commissioner.

§ 46.1-141. (a) To procure such license every carrier operating over
the highways and waterways shall file with the Commissioner an appli-
cation under oath and in such form as the Commissioner may prescribe
setting forth:

(1) The name under which the carrier shall transact business in this
State; and

(2) The location, with street address, of its principal place of business.

(b) The application shall be accompanied by a certificate secured
from an authorized weighing agency stating the exact weight of the motor
vehicle unloaded. Such carrier shall also file a certificate from any recog-
nized gauger showing the proper calibration of each conveyance. ;

§ 46.1-142. For each year a license fee of two dollars shall be paid
for licensing of each such conveyance.

§ 46.1-143. Every license issued pursuant to the provisions of this
section shall expire on June thirtieth of each year.

§ 46.1-144. The Commissioner shall assign a registry number to such
person and shall issue separate license cards for each conveyance intended
to be operated over the highways or waterways of this State. Each such
card shall show the license number assigned and such other information as
the Commissioner shall prescribe. Such license card shall be displayed on
the conveyance at all times during its operation on the public highways or
waterways of this State. The Commissioner shall supply a license plate to
the licensee for each conveyance so operated, bearing a number and the
year for which issued and the words “Virginia Motor Fuel Permit”, or any
abbreviation thereof authorized by the Commissioner and such license plate
shall be attached to each such conveyance so that it is readily visible at all
times and in such a manner as the Commissioner may prescribe.

§ 46.1-145. All such conveyances shall have lettered or stenciled on
both sides of the conveyance the name and address of the owner in letters
not less than three inches high. On the tank shall be lettered or stenciled
on both sides and the rear thereof the words, “Gasoline” or “flammable”
and capacity in gallons, in letters not less than four inches high.

_ _ § 46.1-146. The Commissioner or his authorized agents shall have the
right at any time during normal business hours to inspect the books and
records of any carrier to determine if the requirements of this article are
being complied with.

§ 46.1-147. Any person violating this article shall be deemed guilty
of a misdemeanor and upon conviction therefor shall be fined for the first
offense not more than fifty dollars or thirty days in jail, or both; and for
the second offense, not more than five hundred dollars or twelve months
in jail, or both.

§ 46.1-148. Nothing contained in this article shall in any manner re-
lieve or discharge the owner or operator of such conveyance from com-
plying with any or all other applicable provisions of law including other
licensing provisions.

Article 9
Fees for Registration

§ 46.1-149. (a) The annual registration fees for motor vehicles,
trailers and semitrailers, designed and used for the transportation of
passengers upon the highways of this State are:

(1) $10.00 for a private motor vehicle other than a motorcycle with
a normal seating capacity of not more than 8 persons, including the driver,
if such private motor vehicle is not used for the transportation of pas-
sengers for compensation and is not kept or used for rent or for hire, or
is not operated under a lease without a chauffeur.

(2) 80¢ per one hundred pounds of weight or major fraction thereof
for a private motor vehicle other than a motorcycle with a normal seating
capacity of more than 8 adult persons including the driver if such private
motor vehicle is not used for the transportation of passengers for com-
pensation and is not kept or used for rent or for hire or is not operated
under a lease without chauffeur.

(8) 80¢ per hundred pounds of weight or major fraction thereof
for a contract school bus, public or private.
(4) $7.50 for trailer or semitrailer designed for use as living quarters
for human beings. ; ;

(5) 30¢ per hundred pounds of weight or major fraction thereof for
each motor vehicle, trailer or semitrailer used as a common carrier of
passengers, operating either intrastate or interstate; but the preceding
portion of this paragraph shall become effective at the beginning of the
nineteen hundred fifty-nine license year beginning April one, nineteen
hundred fifty-nine and annually thereafter until otherwise provided by
law; provided, however, that until the license year beginning April one,
nineteen hundred fifty-nine the annual registration fee for such vehicles
shall be 70¢ per one hundred pounds of weight or major fraction thereof
for each such vehicle. Starting with the nineteen hundred fifty-nine
license year beginning April one, nineteen hundred fifty-nine, interstate
common carriers of interstate passengers may elect to be licensed and
pay the fees therefor as prescribed in subsection (5a) of this section upon
submission to the Commissioner of a declaration of operations and equip-
ment as he may prescribe.

(5a) 70¢ per hundred pounds of weight or major fraction thereof for
each motor vehicle, trailer or semitrailer used as a common carrier of
interstate passengers if election is made to be licensed under this sub-
section. Starting with the nineteen hundred fifty-nine license year be-
ginning April one, nineteen hundred fifty-nine, in lieu of the foregoing
fee of 70¢ per hundred pounds a motor carrier of passengers, operating
two or more vehicles both within and without this State under authority of
the Interstate Commerce Commission, may make application to the Com-
missioner for proration registration and upon the filing of such applica-
tion, in such form as the Commissioner may prescribe, the Commissioner
is authorized and directed to apportion the registration fees provided in
this subparagraph so that the total registration fees to be paid for such
vehicles of such carrier shall be that proportion of the total fees, if there
were no apportionment, that the total number of miles travelled by such
vehicles of such carrier within the State bears to the total number of
miles travelled by such vehicles within and without this State, such
total mileage in each instance being the estimated total mileage to be
travelled by such vehicles during the license year for which such fees are
paid, subject to adjustment in accordance with an audit to be made by
representatives of the Commissioner at the end of such license year, the
expense of such audit to be borne by the carrier being audited; provided
that each vehicle passing into or through this State shall be registered
and licensed in this State and the annual registration fee to be paid for
each such vehicle shall not be less than $25.00. For the purpose of de-
termining such apportioned registration fees, only those motor vehicles,
trailers or semitrailers operated both within and without the State shall
pe subject to inclusion in determining the apportionment provided for

erein.

(6) 80¢ per hundred pounds of weight or major fraction thereof for
each motor vehicle, trailer or semitrailer kept or used for rent or for hire
or operated under a lease without chauffeur for the transportation of pas-
sengers. This subsection does not apply to vehicles used as common carriers.

(7) 90¢ per hundred pounds of weight or major fraction thereof
for a taxicab and other vehicle kept for rent or hire operated with a chauf-
feur for the transportation of passengers, which operates or should operate
under permits issued by the Corporation Commission as required by law.
This subsection does not apply to vehicles used as common carriers.

(8) $3.00 for a motorcycle.

(9) $2.00 for a sidecar.

(10) $10.00 for a bus used exclusively for transportation to and from
Sunday School or church, for the purposes of divine worship.
(11) 70¢ per hundred pounds of weight or major fraction thereof for
other passenger-carrying vehicles.

(b) The manufacturer’s shipping weight or scale weight shall be
used for computing all fees required by this section to be based upon the
weight of the vehicle.

_(c)_ The applicant for registration bears the burden of proof that the
vehicle for which registration is sought is entitled by weight, design and
use to be registered at the fee tendered by the applicant to the Commissioner
or to his authorized agent.

§ 46.1-150. The fees required by § 46.1-149 (a) (6) and (7) 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 operation of any
motor vehicle with a normal seating capacity of not more than six adult
persons including the driver 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 § 46.1-149
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 ten dollars.

§ 46.1-151. 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 80 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.

§ 46.1-152. Any person who operates or permits the operation of any
motor vehicle, trailer or semitrailer over any highway of this State for
the transportation of passengers without first having paid to the Com-
missioner the fee prescribed by § 46.1-149 shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of not less than
fifty dollars nor more than five hundred dollars, or by imprisonment in
jail for a period not to exceed six months, or by both such fine and im-
prisonment.

§ 46.1-1538. The provisions of §§ 46.1-149 and 46.1-150 through
46.1-152 shall not apply to any carrier operating under a certificate of
public convenience and necessity issued by the State Corporation Com-
mission for busses operated in special or chartered party service, nor shall
the provisions of § 46.1-149 (a) (6 and 7) apply to any carrier operating
under a certificate of public convenience and necessity issued by the State
Corporation Commission or the Interstate Commerce Commission, or
under a local franchise granted by any city or town, or to any carrier
which is subject to and pays to the State the road tax calculated upon gross
receipts provided under § 58-638.

§ 46.1-154. Except as hereinafter otherwise provided, the fee for
certificates of registration and license plates to be paid by owners of all
motor vehicles, trailers and semitrailers not designed and used for the
transportation of passengers shall be determined by the gross weight of
the vehicle or combination of vehicles of which it is a part, when loaded to
the maximum capacity for which it is registered and licensed, according
to the schedule of fees herein set forth. For each thousand pounds of
gross weight, or major fraction thereof, for which any such vehicle is
registered and licensed there shall be paid to the Commissioner the fee
indicated in the following schedule immediately opposite the weight group
and under the classification established by the provisions of § 46.1-99 (b)
into which such vehicle, or any combination of vehicles of which it is a
part, falls when loaded to the maximum capacity for which it is registered
Fr licensed; provided, that in no case shall the fee be less than twelve
ollars.

Gross Weight Fee Per Thousand Pounds
Groups (pounds) of Gross Weight
Private For Rent or
Carriers For Hire Carriers

10,000 and less $1.20
10,001 - 11,000 1.30
11,001 - 12,000 1.40
12,001 - 13,000 1.50
13,001 - 14,000 1.60
14,001 - 15,000 1.70
15,001 - 16,000 1.80
16,001 - 17,000 2.00
17,001 - 18,000 2.20
18,001 - 19,000... 3.85
19,001 - 20,000... 4.15
20,001 - 21,000... 4.50
21,001 - 22,000 4.70
22,001 - 23,000 5.10
23,001 - 24,000 5.40
24,001 - 25,000 5.75
25,001 - 26,000 6.10
26,001 - 27,000 6.40
27,001 - 28,000 6.70
28,001 - 29,000 7.05
29,001 - 40,000 7.20
40,001 - 45,000 8.00
45,001 - 50,000 9.60
50,001 - 56,800 10.65

§ 46.1-154.1. (a) Notwithstanding any other provision of law, the
owner of any motor vehicle which is required to be licensed under § 46.1-154
as a for-hire vehicle, may apply for a refund of that portion of the license
fee paid in excess of the fee required if it were licensed not for-hire,
subject to the conditions and limitations set forth herein.

(b) If such motor vehicle while licensed as a for-hire vehicle is used
exclusively in seasonable operation for the transportation of agricultural,
horticultural or forest products and seed and fertilizer therefor to and
from the land of the producer, for compensation, the owner may surrender
the for-hire license plates issued at any times prior to the expiration of
an accumulated total of not more than ninety days; a refund may be
obtained for seventy-five per cent of that portion of the fee paid in excess
of the license fee required for private carrier license plates. The Com-
missioner is authorized and directed to refund this surcharge upon proper
application on forms prescribed by him and submitted to the Division
within thirty days of each succeeding March thirty-one.

§ 46.1-155. 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.

§ 46.1-156. The fee for the certificate of registration and license
plates to be paid by the owner of any motor vehicle, trailer or semitrailer
upon which well-drilling machinery is attached and which is permanently
used solely for transporting such machinery shall be ten dollars.

§ 46.1-157. (a) In the case of a combination of a tractor truck and
a semitrailer, each vehicle constituting a part of such combination shall be
registered as a separate vehicle, and separate vehicle license plates shall
be issued therefor, but, for the purpose of determining the gross weight
group into which any such vehicle falls pursuant to § 46.1-154, the com-
bination of vehicles of which such vehicle constitutes a part shall be con-
sidered 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 semitrailer constituting a part of such
combination shall be twelve dollars.

(b) In determining the fee to be paid for the registration certificate
and license plates for a tractor truck constituting a part of such combina-
tion the fee shall be assessed at the total gross weight and the fee per
thousand pounds applicable to the gross weight of the combination when
loaded to the maximum capacity for which it is registered and licensed.
However, there shall be no deduction from this fee for the registration
fee of the semitrailer in the combination.

§ 46.1-158. The owner of every vehicle registered under §§ 46.1-154,
46.1-155, 46.1-149(4), 46.1-156, and 46.1-157 except those falling within
the gross weight group of ten thousand pounds and less as shown in
§ 46.1-154 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.

§ 46.1-159. (a) It shall be unlawful for any person to operate or to
permit the operation of any motor vehicle, trailer or semitrailer for which
the fee for registration and license plates is prescribed by § 46.1-154 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,

(2) Without having painted on each side thereof, if such marking
is required by § 46.1-158, the empty weight of such vehicle and the gross
weight on the basis of which it is registered and licensed, or

(8) 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.

(b) Any officer authorized to enforce the motor vehicle laws, having
reason to believe that the gross weight of any motor vehicle, trailer or
semitrailer 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 Superintendent may prescribe
and the operator, or other person in possession of such vehicle, shall permit
such weighing whenever requested by such officer.

(c) Any person who violates any provision of this section or who
operates or permits the operation of a trailer or semitrailer designed for
the use of human beings as living quarters, upon the highways of this
State without having first paid to the Commissioner the fee prescribed in
§$ 46.1-149(4) is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars nor more than five
hundred dollars, or by confinement in jail for not more than six months,
or by both such fine and imprisonment. .
§ 46.1-160. If a vehicle of over 18,000 pounds gross weight displaying
license plates entitling it to be operated exclusively not for hire is operated
for hire, the licensee thereof shall be guilty of a misdemeanor and shall
be fined an amount not to exceed one hundred dollars, which penalty shall
be in addition to the penalty prescribed by § 46.1-159.

§ 46.1-161. As used in §§ 46.1-154, 46.1-157, 46.1-158, and 46.1-159,
the term “gross weight” means the aggregate weight of a vehicle or com-
bination of vehicles and its load.

i 46.1-162. (a) The Commissioner may issue appropriately desig-
nated license plates to persons engaged in the business of delivering un-
laden motor vehicles under their own power from points of assembly or
distribution.

(b) Every applicant for license plates to be issued under this section
shall, on or before the first day of April in each year, or before he begins
delivery of any such vehicles, make application to the Commissioner for
certificate of registration and license upon such forms as may be pre-
scribed 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 Commis-
sioner shall issue to such applicant two sets of license plates. For each
additional set of license plates a fee of fifteen dollars per set shall be
paid by such applicant.

(c) It shall be unlawful for any person to use such license plates other
than on unladen motor vehicles, trailers and semitrailers which are being
delivered from points of assembly or distribution in the usual and ordi-
nary course of such delivery business; and the operators of such vehicles
being delivered, bearing license plates issued under this section, shall at
all times during such operation have in their actual possession a proper
bill of lading showing the point of origin and destination of the vehicle
being delivered and describing same.

faeries The registration fee for motor vehicles used as service or
wrecking cars in connection with the business of any person engaged
in selling motor vehicles or repairing the same shall be determined as
required by § 46.1-150.

§ 46.1-164. Every manufacturer, agent or dealer in motor vehicles,
trailers or semitrailers, on or before the first day of April in each year,
or before he commences to operate vehicles to be sold by him, shall make
application to the Commissioner for a dealer’s certificate of registration
and license. The application shall state the make of the machine handled
by the manufacturer, agent or dealer. On the payment of the fee of twenty-
five dollars a certificate of registration and license shall be issued to the
dealer in such form as may be prescribed by the Commissioner. For such
fee the Commissioner shall issue to such dealer two sets of license plates
and for each additional set in excess of two a fee of eight dollars per set
shall be paid; provided that the fee for a motorcycle dealer shall be fifteen
dollars for the first three sets of plates and four dollars for each additional
set of plates.

§ 46.1-165. One-half of the annual fees prescribed by §§ 46.1-149,
46.1-150, 46.1-154 through 46.1-157 and 46.1-164 shall be collected
whenever any registration certificate and license plates are issued during
the period beginning on the first day of October in any year, and ending
on the fifteenth day of January in the same license year, and one-third
of such fees shall be collected whenever any registration certificate and
license plates are issued after the fifteenth day of January in any license
year; provided, however, 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, when the same are issued after the
fifteenth day of January in any license year, shall be three dollars.

§ 46.1-166. (a) The owner and operator of any motor vehicle truck
who secured and paid for a license thereon but was prevented from oper-
ating the truck for the full license year by reason of his being inducted
into the armed forces of the United States and who, after his discharge
from the service, resumes his trucking operations, shall be entitled to a
pro rata credit on any new license purchased by him, in the proportion
that the part of the year for which he had paid the license and during
which part the truck was not in operation bears to the full license year.

(b) The application for a credit shall be made during the license year
for which credit is sought and each such application shall be accompanied
by the certificate of registration and license plate issued the owner for
the year for which credit is sought and an affidavit that the owner has
been or will be inducted into the Armed Forces.

(c) All such affidavits shall set forth that the vehicle cannot be
operated due to the owner’s service in the armed forces.

(d) The Commissioner, when the owner is entitled to a refund, shall
issue to him a credit to be applied on the purchase of a new license, in the
proportion that the part of the year for which the license fee was paid
and during which the truck will not be operated bears to the full license
year.

§ 46.1-167. (a) Except as otherwise provided in §§ 46.1-35 and
46.1-314 all fees and licenses collected pursuant to the provisions of Chap-
ters 1 through 4 of this title shall be paid into the State Treasury and
warrants for the expenditure of funds necessary for the proper enforce-
ment of this title shall be issued by the Comptroller upon certificates of
the Commissioner or his representatives, designated by him and bonded,
that the parties are entitled thereto, and shall be paid by the State Treasurer
out of such funds, not exceeding the amount appropriated in the general
appropriation bill.

(b) This fund, except as is otherwise provided in this section, shall
constitute a special fund to be expended under the direction of the State
Highway Commissioner for the maintenance of roads and bridges in the
State Highway System; provided, however, that the State Highway Com-
mission may in its discretion first set aside, out of such funds each year, the
amount in its judgment necessary for the maintenance of the roads and
bridges in the State Highway System and expend in its discretion the
balance of the fund for construction or reconstruction of roads and bridges
in the State Highway System under the provisions of §§ 38-5, 33-12 to
33-14, 83-17 to 33-22 and 33-99 to 33-107; provided that any funds avail-
able for construction or reconstruction under the provisions of this section
shall be, as nearly as possible, equitably apportioned by the Commission
among the several construction districts.

(c) The State Highway Commissioner may expend part of the funds
which may be available for maintenance and of those that may be available
for construction of roads in the State Highway System, for the mainte-
nance, construction or reconstruction of roads and bridges in the State
FO RnWaY System in towns having a population of thirty-five hundred or
ess.

(d) There may be paid out of this fund (1) as a contribution toward
the construction, reconstruction and maintenance of streets in cities or
towns and (2) for the operation and maintenance of the Department of
Highways and the Division of Motor Vehicles such sums as may be pro-
vided by law.
§ 46.1-168. The provisions of this chapter applicable to the drivers
of vehicles upon the highways shall apply to the drivers of all vehicles
regardless of ownership subject to such specific exceptions as are set
forth in this chapter.

§ 46.1-169. It shall be unlawful for any person whether licensed or
not who is under the age of eighteen years to drive a motor vehicle while in
use as a school bus for the transportation of pupils to or from school, pro-
vided, however, such school bus may be operated by a person between the
anes oe 16 and 18 years, with the approval of the school board served by
such bus.

§ 46.1-170. It shall be unlawful for any person whether licensed or
not who is under the age of 21 years, to drive a motor vehicle while in use
as a public passenger-carrying vehicle.

§ 46.1-171. Every person riding a bicycle or an animal upon a road-
way and every person driving any animal thereon shall be subject to the
provisions of this chapter applicable to the driver of a vehicle, unless the
context of the provision clearly indicates otherwise.

§ 46.1-172. A person operating a motorcycle shall ride only upon the
permanent and regular seat attached to the motorcycle, and such operator
shall not carry any other person, and no other person shall ride on a motor-
cycle unless such motorcycle is designed to carry more than one person, in
which event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly attached to the rear
or side of the seat for the operator. Any person who violates this section
rar bd guilty of a misdemeanor and shall be punished as provided in

§ 46.1-178. The State Highway Commission may classify, designate
and mark State highways and provide a uniform system of marking and
signing such highways under the jurisdiction of this State and such
system of marking and signing shall correlate with and so far as possible
conform to the system adopted in other states. The driver of a motor
vehicle, trailer or semitrailer shall stop, slow down or regulate the speed of
such motor vehicle, trailer or semitrailer to accord with the requirements
of road signs erected upon the authority of the State Highway Commission
or subject to the provisions of §§ 33-35, 33-36 and 33-115 by local authori-
ties in cities and towns and the failure of such driver to comply with this
provision shall constitute a misdemeanor and upon conviction shall be
punished in accordance with the provisions of § 46.1-16.

§ 46.1-174. No unauthorized person shall erect or maintain upon any
highway any warning or direction sign marker, signal or light in imitation
of any official sign, marker, signal or light erected under the provisions
of this chapter and no person shall erect or maintain upon any highway
any traffic or highway sign or signal bearing thereon any commercial
advertising. Nothing in this section shall be construed to prohibit the
erection or maintenance of signs, markers or signals bearing thereon the
name of an organization authorized to erect the same by the State High-
way Commission or subject to the provisions of §§ 33-35, 33-86 and 33-115
by the local authorities of counties, cities and towns authorized to regulate
traffic by this chapter within such localities; nor shall this section be
construed to prohibit the erection by contractors or public utility com-
panies of temporary signs approved by the State Highway Department
warning motorists that work is in progress upon the highway or adjacent
ereto.

§ 46.1-175. Any person who shall deface, injure, knock down or
remove any sign legally posted as provided in this chapter shall be guilty
of a misdemeanor.

_ § 46.1-176. (a) The driver of any vehicle involved in an accident in
which a person is killed or injured or in which an attended vehicle or
other attended property is damaged shall immediately stop as close to the
scene of the accident as possible without obstructing traffic and report to
a police officer, or to the person struck and injured if such person appears
to be capable of understanding and retaining the information, or to the
driver or some other occupant of the vehicle collided with or to the cus-
todian of other damaged property, his name, address, operator’s or
chauffeur’s license number and the registration number of his vehicle.
The driver shall also render reasonable assistance to any person injured
in such accident, including the carrying of such injured person to a
physician, surgeon or hospital for medical treatment if it is apparent that
such treatment is neceessary or is requested by the injured person.

(b) If the driver fails to stop and make the report required by para-
graph (a) of this section, any person in the vehicle with the driver at the
time of the accident who has knowledge of the accident shall report within
twenty-four hours from the time of the accident to the Superintendent
or, if the accident occurs in a city or town, to the chief of police of such
city or town, his name, address and such other information within his
Sncveleclge as the driver must report pursuant to paragraph (a) of this
section.

(c) The driver of any vehicle involved in an accident in which no
person is killed or injured but in which an unattended vehicle or other
unattended property is damaged shall make a reasonable effort to find the
owner or custodian of such property and shall report to the owner or
custodian the information which the driver must report pursuant to para-
graph (a) of this section if such owner or custodian is found. If the
owner or custodian of such damaged vehicle or property cannot be found,
the driver shall leave a note in a conspicuous place at the scene of the
accident and shall report the accident in writing within twenty-four hours
to the Superintendent or, if the accident occurs in a city or town, to the
chief of police of such city or town. Such note and written report shall
contain the information which the driver must report pursuant to para-
graph (a) of this section and such written report shall state in addition
the date, time and place of the accident and the driver’s estimate of the
property damage.

(d) If the driver fails to stop and make a reasonable search for the
owner or custodian of an unattended vehicle or property or to leave a note
for such owner or custodian as required by paragraph (c) of this section,
any person in the vehicle with the driver at the time of the accident who
has knowledge of the accident shall report within twenty-four hours from
the time of the accident to the Superintendent or, if the accident occurs
in a city or town, to the chief of police of such city or town, his name,
address and such other facts within his knowledge as are required by
paragraph (c) of this section to be reported by the driver.

(e) The reports required by this section are in addition to other
accident reports required by this title and shall be made irrespective of
the amount of property damage involved.

(f) The provisions of this section shall apply irrespective of whether
such secident occurs on the public streets or highways or on private
property.
§ 46.1-177. Any person convicted of violating the provisions of
§ 46.1-176 shall, if such accident result in injury to, or the death of, any
person, be punished: (1) By confinement in the penitentiary for not less
than one year nor more than five years, (2) by confinement in jail for
not less than thirty days nor more than one year, (3) by a fine of not less
than twenty-five dollars nor more than five thousand dollars, or (4) by
both such confinement in the penitentiary or in jail and such fine. If such
accident result only in damage to property, the person so convicted shall
be deemed guilty of a misdemeanor and punished in accordance with
§ 19-265; provided, however, if the vehicle struck is unattended and such
damage be less than twenty-five dollars, such person shall be punished
only by a fine not exceeding fifty dollars.

§ 46.1-178. (a) Whenever any person is arrested for a viola-
tion of any provision of this title punishable as a misdemeanor the arresting
officer shall, except as otherwise provided in § 46.1-179 take the name and
address of such person and the license number of his motor vehicle and
issue a summons or otherwise notify him in writing to appear at a time
and place to be specified in such summons or notice, such time to be at
least five days after such arrest unless the person arrested shall demand
an earlier hearing, and such person shall, if he so desires, have a right to
an immediate hearing or a hearing within twenty-four hours at a convenient
hour, and before a court having jurisdiction under this title within the
city, town or county wherein such offense was committed. Such officer
shall thereupon and upon the giving by such person of his written promise
to appear at such time and place forthwith release him from custody.

(b) Any person refusing to give such written promise to appear
shall be taken immediately by the arresting or other police officer before
the nearest or most accessible judicial officer or other person qualified to
admit to bail having jurisdiction under this title.

(c) Any person who wilfully violates his written promise to appear,
given in accordance with this section, shall be guilty of a misdemeanor,
regardless of the disposition of, and in addition to, the charge upon which
he was originally arrested.

d) Any officer violating any of the provisions of this section shall
be guilty of misconduct in office and subject to removal therefrom upon
complaint filed by any person in a court of competent jurisdiction. This
section shall not be construed to limit the removal of a police officer for
other misconduct in office.

§ 46.1-179. If any person is: (1) Arrested and charged with an
offense causing or contributing to an accident resulting in injury or death
to any person; (2) Believed by the arresting officer to have committed a
felony; (3) Believed by the arresting officer to be likely to disregard a
summons issued under § 46.1-178; (4) Charged with reckless driving; the
arresting officer may take such person forthwith before the nearest or
most accessible judicial officer or other person qualified to admit to bail
in lieu of issuing the summons required by § 46.1-178.

ARTICLE 2

Powers of Local Authorities in General

§ 46.1-180. (a) In counties, cities and towns the governing body may
adopt ordinances to regulate the operation of vehicles on the highways of
such counties, cities and towns not in conflict with the provisions of this
title and may repeal, amend or modify such ordinances and may erect ap-
propriate signs or markers on the highway showing the general regula-
tions applicable to the operation of vehicles on such highways. No gov-
erning body of any county, city or town may:
(1) Increase or decrease the speed limit within their boundaries unless
such increase or decrease in speed shall be based upon an engineering and
traffic investigation by such county, city or town and unless such speed
area or zone is clearly indicated by markers or signs;

_ _.(2) Enact ordinances requiring vehicles to come to a full stop or
yield the right of way at a street intersection if one or more of such inter-
secting streets has been designated as a part of the state highway system
in a town which has a population of less than 3500 people.

(b) No such ordinance shall be deemed violated if at the time of the
alleged violation the sign or marker placed in conformity with this section
is missing or is substantially defaced so that an ordinarily observant person
under the same circumstances would not be aware of the existence of the
ordinance. ;

(c) No governing body of a county, city or town may provide penal-
ties for violating a provision of an ordinance adopted pursuant to this
section which is greater than the penalty imposed for a similar offense
under the provisions of this title.

. § 46.1-180.1. The governing body of any city, town or county operat-
ing its own system of roads may, by ordinance, authorize the city or
town manager, chief of police, director of public safety or such other
officer thereof as such ordinance may provide to designate intersections,
other than intersections at which one or more of the intersecting streets
has been designated as a part of the State highway system in a town
which has a population of less than thirty-five hundred people, at which
vehicles shall come to a full stop or yield the right of way; provided that
no such ordinance shall be deemed violated if, at the time of the alleged
violation the sign or marker placed in conformity with this section is
missing or is defaced so that an ordinarily observant person under the
same circumstances would not be aware of the existence of the regulation.

§ 46.1-181. The governing bodies of counties, cities and towns may
by ordinance, whenever in their judgment conditions so require:

_ ,(a) Prohibit the use of motor trucks, except for the purpose of re-
ceiving loads or making deliveries, on certain designated streets;

(b) Restrict the use of motor trucks passing through the city or
town to such street or streets as may be designated in such ordinance;

(c) 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.

§ 46.1-182. (a) In such counties, cities and towns in which the gov-
erning body shall adopt the ordinances authorized by §8§ 46.1-180 and
46.1-181, all fines imposed for a violation of such ordinances shall be paid
into the county, city or town treasury, as the case may be. Fees shall be
disposed of according to law.

(b) But in all cases in which the arrest is made or the summons is
issued by an officer of the Department of State Police or of any other
division of the State government, for violation of the motor vehicle laws
of the State, the person arrested or summoned shall be charged with and
tried for a violation of some provision of this title and all fines and for-
feitures collected upon convictions or upon forfeitures of bail of any person
so arrested or summoned shall be credited to the Literary Fund. Wilful
failure, refusal or neglect to comply with this provision shall subject the
person who is guilty thereof to a fine of not less than ten dollars nor more
than fifty dollars and may be ground for removal from office. Charges for
dereliction of the duties here imposed shall be tried by the court of record
having jurisdiction over the officer charged with its violation.

§ 46.1-188. Peace or police officers may direct traffic by signals.
Such signals other than by voice shall be as follows:
(a) To stop traffic by hand.—Stand with shoulders parallel to moving
traffic. Raise arms 45 degrees above shoulder with hand extended, palm
towards moving traffic to be stopped.

(b) To move traffic by hand.—Stand with shoulders parallel to
traffic to be moved. Extend right arm and hand full length at height of
shoulders towards such traffic, fingers extended and joined, palm down.
Bring hand sharply in direction traffic is to move. Repeat movement
with left arm and hand to start traffic from opposite direction. _ ;

(c) To stop and start traffic by whistle—One blast, moving traffic
to stop; two blasts, traffic in opposite direction to move.

(d) Emergency stop of traffic by whistle—Three or more short
blasts, all traffic shall immediately clear the intersection and stop.

§ 46.1-184. Signals by lights or semaphores shall be as follows:

(a) Red indicates that traffic then moving shall stop and remain
stopped as long as the red signal is shown, except in the direction indicated
by a lighted green arrow. Green indicates that traffic shall then move in
the direction of the signal and remain in motion as long as the green signal
is given.

(b) Amber indicates that a change is about to be made in the direction
of the moving of traffic. When the amber signal is shown, traffic 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. .

(c) When semaphores are not in operation, the use of amber light indi-
cates need for caution, and the use of a flashing red indicates that traffic
shall stop before entering the intersection.

(d) Officers of the law may assume control of traffic otherwise con-
trolled by lights or semaphores and in such event signals by such officers
shall take precedence over such lights or semaphores.

§ 46.1-185. Any such ordinance adopted by the governing body of a
county shall not apply within the limits of any incorporated town wherein
the traffic is regulated by town ordinances.

§ 46.1-186. The governing body of any county in this State may erect
“Yield Right of Way” signs at any intersection in the county, subject to
the approval of the State Highway Commissioner, and all laws applicable
to “Yield Right of Way” signs shall apply to such intersections when such
signs have been erected. All such signs erected by any county shall conform
in size, design and color to “Yield Right of Way” signs used by the State
Highway Department. The provisions of this section shall apply whether
the roads forming such intersection are a part of the primary or secondary
system of highways or not, but shall not apply within the limits of any
town wherein traffic is regulated by town ordinances.

§ 46.1-187. Traffic signs erected on and after 1 January 1959 by local
authorities pursuant to this title shall conform substantially in size, design
and color to those erected for the same purpose by the State Highway
Department.

§ 46.1-188. Ordinances enacted on and after 1 January 1959 by
local authorities pursuant to §§ 46.1-180 through 46.1-185 shall set forth
in full any provision of this title which such local authority intends to
incorporate into such ordinance. Nothing contained in this act shall be
ia Se to require the reenactment of ordinances heretofore validly
adopted.

ARTICLE 3
Reckless Driving, Speeding, Etc.

§ 46.1-189. Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a highway recklessly or at a speed or in
a manner so as to endanger life, limb or property of any person shall be
guilty of reckless driving; provided that the driving of a motor vehicle
in violation of any speed limit provision of § 46.1-193 shall not of itself
constitute ground for prosecution for reckless driving under this section.

§ 46.1-190. A person shall be guilty of reckless driving who shall:

_ (a) Drive a vehicle when not under proper control or with inadequate
or improperly adjusted brakes upon any highway of this State;

(bo) While driving a vehicle, overtake and pass another vehicle pro-
ceeding in the same direction, upon or approaching the crest of a grade
or upon or approaching a curve in the highway, where the driver’s view
along the highway is obstructed, except where the overtaking vehicle is
being operated on a highway having two or more designated lanes of road-
way for each direction of travel or on a designated one-way street or high-
way;

(c) 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 to interfere with the driver’s control over
the driving mechanism of the vehicle;

(d) Pass or attempt to pass two other vehicles abreast, moving in the
same direction, except on highways having separate roadways of three or
more lanes for each direction of travel, or on designated one-way streets
or highways;

_ (e) Overtake or pass any other vehicle proceeding in the same direc-
tion at any steam, Diesel or electric railway grade crossing or at any inter-
section of highways unless such vehicles are being operated on a highway
having two or more designated lanes of roadway for each direction of travel
or on a designated one-way street or highway, or while pedestrians are
passing or about to pass in front of either of such vehicles, unless per-
mitted so to do by a traffic light or police officers;

(f) Fail to stop at a school bus stopped on the highway for the purpose
of taking on or discharging school children, when approaching the same
from any direction and to remain stopped until all school children are
clear of the highway and the bus is put in motion, provided, however, that
this shall apply only to school buses marked or identified as provided in the
regulations of the State Board of Education;

(g) Fail to give adequate and timely signals of intention to turn,
partly turn, slow down or stop, as required by §§ 46.1-216 through 46.1-220;

(h) Exceed a reasonable speed under the circumstances and traffic
conditions existing at the time regardless of any posted speed limit;

(i) Drive a motor vehicle upon the highways of this State at a speed
in excess of 75 miles per hour; except as provided in subsection (1) of this
section ;

(j) Fail to bring his vehicle to a stop immediately before entering
a highway from a side road when there is traffic approaching upon such
highway within five hundred feet of such point of entrance, unless a “Yield
Right of Way” sign is posted; or where such sign is posted, fail, upon
entering such highway, to yield the right of way to the driver of a vehicle
approaching on such highway from either direction; or

(k) Drive or operate any automobile or other motor vehicle upon any
driveway or premises of a church, or school, or of any recreational facili-
ties or of any business property open to the public, recklessly or at a
speed or in a manner so as to endanger the life, limb or property of any
person.
(1) Drive a truck or tractor or tractor-truck, or a motor vehicle
being used to tow a vehicle designed for self-propulsion, or a house-trailer,
or combination of vehicles designed to transport property, upon the high-
ways of this state at a speed in excess of 65 miles per hour.

§ 46.1-191. Any person who shall engage in a race between two or
more motor vehicles on the highways of this State shall be guilty of reckless
driving. When any person shall be convicted of reckless driving under
this section, then in addition to any other penalties provided by law, the
operator’s or chauffeur’s license of such person shall be suspended by the
court or judge for a period of not less than six months nor more than
two years. In case of conviction the court or judge shall order the sur-
render of the license to the court where it shall be disposed of in accord-
ance with the provisions of § 46.1-425.

§ 46.1-192. Every person convicted of reckless driving under §§
46.1-189, 46.1-190 or 46.1-191 shall for the first violation be punished as
provided by § 19-265. For each second or subsequent conviction for the
offense of reckless driving under §§ 46.1-189, 46.1-190 or 46.1-191 com-
mitted within twelve months before or after the date of another act of
reckless driving for which he has been convicted, such person shall be
punished by a fine of not less than fifty dollars nor more than five hundred
dollars, or by imprisonment in jail for not less than ten days nor more
than twelve months, or by both such fine and imprisonment.

§ 46.1-193. No person shall drive any vehicle upon a highway of this
State at a speed in excess of:

(a) Fifty-five miles per hour if the vehicle is a passenger motor
vehicle, passenger bus, pick-up or panel truck not exceeding an actual
gross weight of 5,000 pounds, or a motorcycle;

(b) Forty-five miles per hour if the vehicle is a truck, road tractor,
tractor-truck, or combination of vehicles designed to transport property or
is a motor vehicle being used to tow a vehicle designed for self-propulsion
or a house trailer;

(c) Thirty-five miles per hour if the vehicle is being used as a school
bus carrying children ;

(d) Forty-five miles per hour if the vehicle or combination of vehicles
is operating under a special permit issued by the State Highway Com-
mission in accordance with §§ 46.1-330 and 46.1-348. The State Highway
Commission may, however, prescribe a speed limit of less than forty-five
miles per hour on any permit issued in accordance with §§ 46.1-330 and
46.1-343.

(e) A speed lower than the speeds prescribed in paragraph (a)
through (d) of this section when such lower speed has been prescribed
by the State Highway Commission based upon engineering and traffic
investigation and is plainly indicated upon the highway by signs.

(f) And, irrespective of the type or use of the vehicle driven;

(1) Twenty-five miles per hour between portable signs or fixed blink-
ing signs placed in the highway bearing the word “school” which word
shall indicate that school children are present in the immediate vicinity.
If the portion of the highway to be posted is within the limits of a city
or town, such portable signs shall be furnished and delivered by such
city or town. If the portion of the highway to be posted is outside
the limits of a city or town such portable signs shall be furnished and
delivered by the State Highway Department. It shall be the duty of the
principal or chief administrative officer of each school or some responsible
person designated by the school board to place such portable signs in the
highway at the limits of the school property and remove such signs when
their presence is no longer required by this subsection. Such portable or
fixed blinking signs shall be placed in a position plainly visible to vehicular
traffic approaching from either direction but shall not be placed so as to
obstruct the roadway. Such portable signs shall be in position for 30
minutes preceding regular school hours and for 30 minutes thereafter
and during such other times as the presence of children on such school
property reasonably requires a special warning to motorists. Provided,
however, the governing body of any city or town may, if the portion of the
highway to be posted is within the limits of such city or town, decrease the
speed limit provided in this subsection, and provided further that no such
decrease in speed limit shall be effective unless such decreased speed limit is
conspicuously posted upon the portable or fixed blinking signs required by
this subsection.

(2) Twenty-five miles per hour in a business or residential district
unless otherwise prescribed by the proper authorities of any city or town
pursuant to the provisions of § 46.1-180.

(3) Thirty-five miles per hour in any city or town unless otherwise
prescribed by the proper authorities of such city or town pursuant to
the provisions of § 46.1-180.

(4) A speed higher or lower than those prescribed in subparagraphs
(1) through (3) upon any highway maintained by the State Highway De-
partment when such higher or lower speed is prescribed by the State
Highway Commission based upon an engineering and traffic investigation
and is plainly indicated upon the highway by signs.

(g) No person shall drive a motor vehicle at such a slow speed as to
impede the norma] and reasonable movement of traffic except when reduced
speed is necessary for safe operation or in compliance with law.

(h) Whenever the State Highway Commission or local authorities
within their respective jurisdictions determine on the basis of an engi-
neering and traffic investigation that slow speeds on any part of a highway
consistently impede the normal and reasonable movement of traffic, the
Commission or such local authority may determine and declare a minimum
speed limit to be set forth on signs posted on such highway below which
no person shall drive a vehicle except when necessary for safe operation
or in compliance with law.

(i) Any person violating this section shall be guilty of a misdemeanor
and upon conviction shall be punished as provided in § 46.1-16.

46.1-194. No person shall be convicted of a violation of § 46.1-193(e)
or (f) (4) or an ordinance enacted by local authorities pursuant to the pro-
visions of § 46.1-180 decreasing the speed limit established in § 46.1-193
(f) (3) when such person has exceeded the speed limit in an area where the
speed limit has been decreased unless such area is clearly indicated by a
conspicuous marker at the termini of such area.

46.1-195. (a) All courts shall take notice of the following tables of
speed and stopping distances of motor vehicles, which shall not raise a
presumption, in actions in which inquiry thereon is pertinent to the issues:
SPEED IN AVERAGE STOPPING DISTANCES TOTAL STOPPING
OF DISTANC

ES:
Truck Brakes Average Driver DRIVER AND
Miles Second Automobile (Brakes on Reaction Time
Per Feet Brakes All Wheels) (% Second) Automobiles Trucks
Hour Per (In Feet) (In Feet) (In Feet) (In Feet) (In Feet)
10 14.67 5 7 11 16 18
15 22.0 12 17 16 28 33
20 29.34 21 30 22 43 52
25 36.62 32 47 27 59 74
80 44.0 47 67 83 80 100
35 51.3 63 92 38 101 130
40 58.7 82 120 44 126 164
45 66.0 104 152 50 154 202
50 13.3 128 187 55 183 242
55 80.7 155 227 61 216 288
60 88.0 185 270 66 251 336
65 95.3 217 316 71 288 387
70 102.6 252 367 17 329 444
75 109.9 289 422 82 371 504
80 117.2 328 480 88 416 568
90 182.0 425 607 99 524 706
100 146.6 514 750 109 623 859

(b) The courts shall further take notice that said tables are the result
of experiments made with motor vehicles, unloaded except for the driver,
equipped with four-wheel brakes, in good condition, on dry, hard, approxi-
mately level stretches of highway free from loose material.

§ 46.1-196. (a) It shall be unlawful to drive any motor vehicle, trailer
or semitrailer upon any public bridge, causeway or viaduct at a speed
exceeding that indicated as a maximum by signs posted thereon or at its
approach by or upon the authority of the State Highway Commission.

(b) The State Highway Commission upon request or upon its own
initiative may conduct an investigation of any public bridge, causeway or
viaduct and shall thereupon determine and declare the maximum speed of
vehicles which such structure can withstand and shall cause or permit suit-
able signs stating such maximum speed to be erected and maintained at a
distance of one hundred feet beyond each end of such structure. The find-
ings and determination of the Commission shall be conclusive evidence of
the maximum speed which can with safety to any such structure be main-
tained thereon.

§ 46.1-197. 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
addition to any other penalties provided by law, the operator’s permit of
such person may be suspended for a period of ten days. For the second
and each subsequent conviction within the period of one year, in addition
to 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 section 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’s permit to the court, where it shall be held in accordance with
§ 46.1-425. The provisions of §§ 46.1-418 and 46.1-438 shall not apply
to any person whose license is revoked under the provisions of this section.

§ 46.1-198. (a) The speed of any motor vehicle may be checked by
the use of radio microwaves or other electrical device. The results of
such checks shall be accepted as prima facie evidence of the speed of such
motor vehicle in any court or legal proceedings where the speed of the
motor vehicle is at issue.

(b) The driver of any such motor vehicle may be arrested without a
warrant under this section provided the arresting officer is in uniform
and displays his badge of authority; provided that such officer has observed
the registration of the speed of such motor vehicle by the radio micro-
waves or other electrical device, or has received a radio message from
the officer who observed the speed of the motor vehicle registered by the
radio microwaves or other electrical device; provided in case of an arrest
based on such a message that such radio message has been dispatched
immediately after the speed of the motor vehicle was registered and fur-
nished the license number or other positive identification of the vehicle
and the registered speed to the arresting officer.

(c) No operator of a motor vehicle may be arrested under this sec-
tion unless signs have been placed at the State line on the primary highway
system, and outside cities and towns having over 3500 population, on the
primary highways to indicate the legal rate of speed and that the speed
of motor vehicles may be measured by radio microwaves or other elec-
trical devices. There shall be a prima facie presumption that such signs
were in place at the time of the commission of the offense of exceeding
the legal rate of speed, and a certificate by the State Highway Commis-
sioner as to the placing of such signs shall be admissible in evidence to
support or rebut the presumption. Such legal rate of speed and notice of
measurement of speed by radio microwaves or other electrical devices
may be posted on different signs and need not be posted on the same sign.

(d) Nothing herein shall affect the powers of cities or towns to adopt
and use such radio microwaves or other electrical devices to measure speed.
No operator of a motor vehicle may be arrested under an ordinance
adopted by any city or town, authorizing the use of such devices to
measure speed unless signs have been placed at the city or town line on
the primary highway system leading into such city or town, to indicate
the legal rate of speed, and that the speed of motor vehicles may be
measured by radiomicro waves or other electrical devices; there shall be
a prima facie presumption that such signs were in place at the time of
the commission of the offense of exceeding the legal rate of speed, and
a certificate of the Director of Public Works or the Director of Public
Safety of such city or town as to the placing of such signs shall be ad-
missible in evidence to support such presumption.

§ 46.1-199. (a) The speed limitations set forth in this chapter shall
not apply to vehicles when operated with due regard for safety under the
direction of the police in the chase or apprehension of violators of the law,
of persons charged with or suspected of any such violations, or in testing
the accuracy of the radio microwave or other electrical devices specified in
§ 46.1-198 nor to fire department vehicles when traveling in response to a
fire alarm or pulmotor call, nor to ambulances when traveling in emer-
gencies outside the corporate limits of cities and towns.

(b) These exemptions, hereinbefore granted to such a moving vehicle,
shall apply only when the operator of such vehicle displays a flashing,
blinking or alternating red light and sounds a siren, bell, or exhaust
whistle, as may be reasonably necessary, and, only when there is in force
and effect for such vehicle standard automobile liability insurance covering
injury or death to any one person in the sum of at least $25,000. Such
exemptions shall not, however, protect the operator of any such vehicle
from criminal prosecution for conduct constituting reckless disregard of
the safety of persons and property. Nothing in this section shall be con-
strued to release the operator of any such vehicle from civil liability for
failure to use reasonable care in such operation.

§ 46.1-200. The driver of a motor vehicle when traveling upon a
down grade upon any highway shall not coast with the gears of such
vehicle in neutral.

_§ 46.1-201. (a) It shall be unlawful for any person to drive any motor
vehicle on the highways of this State for more than thirteen hours in any
period of twenty-four hours or for a period which, when added to the time
such person may have driven a motor vehicle over the highways of any
other state, would make an aggregate of more than thirteen hours in any
period of twenty-four hours.

(b) It shall also be unlawful for the owner of any such vehicle to
cause or permit the same to be driven in violation of this section.

§ 46.1-202. No motor vehicle operated in the State of Virginia shall
be equipped with, nor shall there be used therein, a television receiver
forward of the driver’s seat or the screen of which would otherwise be
visible to the driver while operating the vehicle. This section shall apply
to all motor vehicles which are registered or should be registered in
Virginia. The operator of a motor vehicle which is not registered in
Virginia and is not required to be registered in Virginia shall not operate
a television receiver which violates the provisions of this section while
driving through or within the State. Any person violating this section shall
be guilty of a misdemeanor.

Article 4
The Rules of the Road

§ 46.1-203. Except as otherwise provided by law upon all highways
of sufficient width the driver of a vehicle shall drive the same upon the
right half of the highway, unless it is impracticable to travel on such side
of the highway and except when overtaking and passing another vehicle,
subject to the provisions applicable to overtaking and passing set forth in
§§ 46.1-208, 46.1-210 and 46.1-212.

§ 46.1-204. -(a) The State Highway Commission may designate any
highway or any separate roadway under its jurisdiction for one-way traffic
and shall erect appropriate signs and traffic thereon shall move only in
the direction designated.

(b) A vehicle passing around a rotary traffic island shall be driven
only to the right of such island.

§ 46.1-205. In crossing an intersection of highways or the intersec-
tion of a highway by a railroad right of way, the driver of a vehicle shall
at all times cause such vehicle to travel on the right half of the highway
unless such right side is obstructed or impassable.

§ 46.1-206. Whenever any highway has been divided into clearly
eee lanes for traffic, drivers of vehicles shall obey the following regu-
lations:

(a) A vehicle shall normally be driven in the lane nearest the right
hand edge or curb of the highway when such lane is available for travel
except when overtaking another vehicle or in preparation for a left turn
or as permitted in paragraph (d) of this section;

(b) A vehicle shall be driven as nearly as is practicable entirely
within a single lane and shall not be moved from such lane until the driver
has first ascertained that such movement can be made with safety.

(ec) Upon a highway which is divided into three lanes a vehicle shall
not be driven in the center lane except when overtaking and passing another
vehicle or in preparation for a left turn or unless such center lane is at the
time allocated exclusively to traffic moving in the direction the vehicle is
proceeding and is signposted or marked to give notice of such allocation ;

(d) The State Highway Commission, or local authorities, with respect
to highways under their jurisdiction, may designate right hand lanes for
slow moving traffic and when such lanes are signposted or marked to give
notice of such designation a vehicle may be driven in any lane allocated to
traffic moving in the direction such vehicle is proceeding, but when travel-
ing within such inside lanes vehicles shall be driven at approximately the
speed authorized in such lanes and speed shall not unnecessarily be de-
creased so as to block, hinder or retard traffic;

(e) Wherever a highway is marked with double traffic lines consisting
of a solid line immediately adjacent to a broken line, no vehicle shall be
driven to the left of such line if the solid line is on the right of the broken
line, except that it shall be lawful to make a left turn for the purpose of
entering or leaving a public, private or commercial road or entrance;

(f) Wherever a highway is marked with double traffic lines consisting
of two immediately adjacent solid lines, no vehicle shall be driven to the left
of such lines, except that it shall be lawful to make a left turn for the
purpose of entering or leaving a public, private or commercial road or
entrance.

§ 46.1-207. Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, each giving to the other, as nearly as possible,
one-half of the main traveled portion of the roadway.

§ 46.1-208. The driver of any vehicle overtaking another vehicle
proceeding in the same direction shall pass at least two feet to the left
thereof and shall not again drive to the right side of the highway until
safely clear of such overtaken vehicle, except as hereinafter provided.

§ 46.1-209. The driver of an overtaking motor vehicle when traveling
outside of a business or residence district shall give audible warning with
his horn or other warning device before passing or attempting to pass a
vehicle proceeding in the same direction.

§ 46.1-210. (a) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left
turn, and the driver of such vehicle has given a signal as required;

(2) Upon a street or highway with unobstructed pavement not occu-
pied by parked vehicles of sufficient width for two or more lines of moving
vehicles in each direction;

(3) Upon a one-way street, or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is free from
st aaa and of sufficient width for two or more lines of moving
vehicles.

(b) 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.

§ 46.1-211. Except when overtaking and passing on the right is per-
mitted, the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle on audible signal and shall not increase the
speed of his vehicle until completely passed by the overtaking vehicle.

§ 46.1-212. (a) The driver of a vehicle shall not drive to the left side
of the center line of a highway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be made in safety.

(b) No person operating a truck or tractor and trailer shall pass or
attempt to pass any truck, or tractor and trailer going in the same direction
on 1 a upgrade hill if such passing will impede the passage of following
traffic.

§ 46.1-218. (a) The driver of a motor vehicle shall not follow another
motor vehicle, trailer or semitrailer more closely than is reasonable and
prudent, having due regard to the speed of both vehicles and the traffic
upon, and conditions of, the highway at the time.

(b) The driver of any motor truck or bus shall not follow another
motor truck or bus within two hundred feet when upon any highway out-
side of cities or towns. a .

§ 46.1-214. (a) The driver of a vehicle within business districts, cities
or towns shall not turn such vehicle so as to proceed in the opposite direc-
tion except at an intersection of highways. ; oo

(b) No vehicle shall be turned so as to proceed in the opposite direc-
tion upon any curve, or upon the approach to or near the crest of a grade,
where such vehicle cannot be seen by the driver of any other vehicle ap-
proaching from any direction within 500 feet. .

§ 46.1-215. The driver of a vehicle intending to turn at an intersec-
tion or other location on any highway except as prohibited by § 46.1-214
or any local ordinance enacted pursuant to § 46.1-180 or §46.1-185 (3)
shall do so as follows:

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

(b) 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.

(c) 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,
and at any crossover from one roadway of a divided highway to another
roadway thereof on which traffic moves in the opposite direction the
driver of a vehicle intending to turn left at any such intersection or cross-
over shall approach the intersection or crossover in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of such
vehicle and after entering the intersection or crossover the left turn
shall be made so as to leave the intersection or crossover, as nearly as
practicable, in the left-hand lane lawfully available to traffic moving in
such direction upon the roadway being entered.

(d) Local authorities having the power to regulate traffic in their re-
spective 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.

§ 46.1-216. Every driver who intends to start, stop, turn or partly
turn from a direct line shall first see that such movement can be made in
safety and whenever the operation of any other vehicle may be affected by
such movement shall give a signal as required in §§ 46.1-217. 46.1-218 or
46.1-220, plainly visible to the driver of such other vehicle, of his intention
to make such movement.

§ 46.1-217. (a) The signal required by § 46.1-216 shall be given by
means of the hand and arm or by some mechanical or electrical device
approved by the Superintendent, in the manner herein specified. Whenever
the signal is given by means of the hand and arm, the driver shall indicate
his intention to start, stop, turn or partly turn by extending the hand and
arm from and beyond the left side of the vehicle, in the manner following:

_ (1) For left turn or to pull to the left, the arm shall be extended in a
horizontal position straight from and level with the shoulder ;

(2) For right turn or to pull to the right, the arm shall be extended
upward;

(3) For slowing down or to stop, the arm shall be extended downward.

(b) Wherever the lawful speed is more than thirty-five miles per hour
such signals shall be given continuously for a distance of at least one hun-
dred feet, and in all other cases at least fifty feet, before slowing down,
stopping, turning, partly turning or materially altering the course of the
vehicle.

§ 46.1-218. Drivers having once given a hand, electrical or mechanical
device signal must continue the course thus indicated, unless they alter
the original signal and take care that drivers of vehicles and pedestrians
have seen and are aware of the change.

§ 46.1-219. Drivers receiving a signal from another driver shall keep
their vehicle under complete control and shall be able to avoid an accident
resulting from a misunderstanding of such signal.

46.1-220. Drivers of vehicles standing or stopped at the curb or
edge before moving such vehicles shall give signals of their intention to
move into traffic, as hereinbefore provided, before turning in the direction
the vehicle will proceed from the curb.

§ 46.1-221. Except as provided in §§ 46.1-223 and 46.1-245 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 unless a “Yield Right of Way” sign is posted. Where
any such sign is posted, the driver of the vehicle approaching or entering
such intersection on the highway, road or street on which such sign is
posted shall yield the right of way to the driver of a vehicle approaching
or entering such intersection from either direction. At traffic circles ve-
hicles already in the circle shall have the right of way over vehicles ap-
proaching and entering the circle. The driver of any vehicle traveling
at an unlawful speed shall forfeit any right of way which he might other-
wise have hereunder.

§ 46.1-222. The driver of a vehicle, in an intersection and turning
therein to the left across the line of travel of vehicles within or approach-
ing the intersection shall yield the right of way to such other vehicles,
provided, however, that where there is an automatic signal device govern-
ing the flow of traffic at any intersection and allowing turns to the left
while all other vehicular traffic is required to stop, any vehicle making
such turn shall have the right of way over all other vehicles approaching
the intersection.

§ 46.1-223. The driver of a vehicle entering a public highway or side-
walk from a private road, driveway, alley or building shall stop immedi-
ately before entering such highway or sidewalk and, upon entering such
highway or sidewalk, shall yield the right of way to all vehicles approach-
ing on such public highway or to all pedestrians or vehicles approaching on
such public sidewalk.

§ 46.1-224. United States forces or troops, or any portion of the
Virginia National Guard or naval militia, parading or performing any duty
according to law, or any civil defense personnel performing any duty ac-
cording to law, shall have the right of way in any street or highway
through which they may pass; provided, that the carrying of the United
States mails, the legitimate functions of the police and the progress and
operation of fire engines and fire departments shall not be interfered with.
§ 46.1-225. Upon the approach of any police vehicle, fire department
vehicle, rescue vehicle or ambulance, giving audible signal by siren or ex-
haust whistle, the driver of every other vehicle shall immediately drive
the same to a position as near as possible and parallel to the right-hand
edge or curb, clear of any intersection of highways, and shall stop and
remain in such position unless otherwise directed by a police or traffic
officer, until the police or fire department vehicle shall have passed. This
provision shall not operate to relieve the driver of a police or fire depart-
ment vehicle from the duty to drive with due regard for the safety of all
persons using the highway, nor shall it protect the driver of any such
vehicle from the consequences of an arbitrary exercise of such right of
way.

As used in this chapter, the term “rescue vehicle” is defined as any
vehicle designed or utilized for the principal purposes of supplying re-
suscitation or other emergency relief where human life is endangered.

§ 46.1-226. (a) The operator of any publicly owned vehicle operated
by or under the direction of a police officer in the chase or apprehension of
violators of the law or persons charged with or suspected of any such
violation, and the operator of any vehicle used for the purpose of fighting
fire or a vehicle owned by a political subdivision of the Commonwealth for
rescue purposes when traveling in response to a fire alarm or respirator
call, and the operator of any ambulance or rescue or life saving vehicle,
whether such vehicle is publicly owned or operated by a non-profit corpora-
tion or association when such vehicle is being used in the performance of
public services, and when such vehicle is operated under emergency con-
ditions may, without subjecting himself to criminal prosecution:

(1) Proceed past red signal, light, stop sign or device indicating mov-
ing traffic shall stop if the speed and movement of the vehicle is reduced
and controlled so that it can pass a signal, light or device with due regard
to the safety of persons and property.

(2) Park or stand notwithstanding the provisions of this chapter.

(3) Disregard regulations governing a direction of movement of ve-
hicles turning in specified directions so long as the operator does not
endanger life or property.

(b) These exemptions, hereinbefore granted to such a moving vehicle,
shall apply only when the operator of such vehicle displays a flashing,
blinking or alternating red light and sounds a siren, bell, or exhaust
whistle, as may be reasonably necessary, and, only when there is in force
and effect for such vehicle standard automobile liability insurance covering
injury or death to any one person in the sum of at least $25,000. Such
exemptions shall not, however, protect the operator of any such vehicle
from criminal prosecution for conduct constituting reckless disregard
of the safety of persons and property. Nothing in this section shall be
construed to release the operator of any such vehicle from civil liability
for failure to use reasonable care in such operation.

§ 46.1-227. It shall be unlawful, in any county, city or town, for the
driver of any vehicle, other than one on official business, to follow any fire
apparatus traveling in response to a fire alarm at any distance closer than
five hundred feet to such apparatus or to park such vehicle within five
hundred feet of where fire apparatus has stopped in answer to a fire alarm

§ 46.1-228. It shall be unlawful, without the consent of the fire de-
partment official in command, for the driver of any vehicle to drive over
any unprotected hose of a fire department laid down for use at any fire
or alarm of fire.

§ 46.1-229. If any person ride or drive any vehicle, including bicycles
and motorcycles, on the sidewalks of any city or town of this State, he
§ 46.1-230. (a) When crossing highways or streets, pedestrians shall
not carelessly or maliciously interfere with the orderly passage of vehicles.
They shall cross wherever possible only at intersections. They shall cross
only at right angles.

The governing body of an incorporated town or city or the govern-
ing body of a county authorized by law to regulate traffic may by ordinance
permit pedestrians to cross an intersection diagonally when all traffic
entering the intersection has been halted by lights, semaphores, or signals
by a peace or police officer. wo.

§ 46.1-231. (a) The driver of any vehicle upon a highway within a
business or residence district shall yield the right of way to a pedestrian
crossing such highway within any clearly marked crosswalk or any
regular pedestrian crossing included in the prolongation of the lateral
boundary lines of the adjacent sidewalk at the end of a block, except at
intersections where the movement of traffic is being regulated by traffic
officers or traffic direction devices.

(b) No pedestrian shall enter or cross an intersection in disregard of
approaching traffic.

(c) The drivers of vehicles entering, crossing or turning at intersec-
tions shall change their course, slow down or come to a complete stop if
necessary to permit pedestrians to cross such intersections safely and
expeditiously. .

(d) Pedestrians crossing highways or streets at intersections shall at
all times have the right of way over vehicles making turns into the high-
ways or streets being crossed by the pedestrians.

§ 46.1-232. Pedestrians shall not step into that portion of a highway
or street open to moving vehicular traffic at any point between intersections
where their presence would be obscured from the vision of drivers of ap-
proaching vehicles by a vehicle or other obstruction at the curb or side,
except to board a passenger bus or to enter a safety zone, in which event
they shall cross the highway or street only at right angles.

§ 46.1-233. When actually boarding or alighting from passenger
buses, pedestrians shall have the right of way over vehicles, but shall not,
in order to board or alight from passenger buses, step into the highway or
street sooner nor remain there longer than is absolutely necessary.

§ 46.1-234. Pedestrians shall not use the roadways or streets, other
than the sidewalk thereof, for travel, except when necessary to do so because
of the absence of sidewalks, reasonably suitable and passable for their use,
in which case, if they walk upon the hard surface, or the main travelled
portion of the roadway. they shall keep to the extreme left side or edge
thereof, or where the shoulders of the highway are of sufficient width to
permit, they may walk on either shoulder thereof.

§ 46.1-235. (a) No person shall play on a highway or street, other
than upon the sidewalks thereof, within a city or town or on any part of a
highway outside the limits of a city or town designated by the State High-
way Commissioner exclusively for vehicular travel. No person shall use
on a highway or street where play is prohibited roller skates, or toys or
other devices on wheels or runners, except bicycles and motorcycles. Local
authorities of cities and towns may designate areas on highways or streets
where play is prohibited in which persons may be permitted to use roller
skates, or toys or other devices on wheels or runners and, if such highways
or streets have two traffic lanes, such persons shall keep as near as reason-
ably possible to the extreme left side or edge of the left hand traffic lane so
that they will be facing oncoming traffic at all times.

(b) No person riding upon any bicycle, roller skates, toys or other
devices on wheels or runners, shall attach the same or himself to any vehicle
upon a roadway. _.

§ 46.1-236. Any person convicted of violating any of the provisions
of §§ 46.1-230 through 46.1-285 shall be fined not less than two dollars
nor more than twenty-five dollars for each offense. .

§ 46.1-237. Whenever a pedestrian is crossing or attempting to cross
a public street or highway, within the corporate limits of any city or town,
carrying in a raised or extended position a cane or walking stick clearly
visible above the body which is white in color or white tipped with red,
the driver of every vehicle approaching the intersection or place of crossing
shall bring his vehicle to a full stop before arriving at such intersection
or place of crossing, unless such intersection or place of crossing is con-
trolled by a traffic officer.

§ 46.1-238. It is unlawful for any person, unless totally or partially
blind or otherwise incapacitated, while on any public street or highway to
carry in a raised or extended position a cane or walking stick which is
white in color or white tipped with red.

§ 46.1-239. Any person who violates any provision of §§ 46.1-237 or
46.1-238 shall, upon conviction thereof, be punished by a fine not exceeding
twenty-five dollars or imprisonment in jail not exceeding ten days, or both.

§ 46.1-240. Nothing contained in §§ 46.1-237 through 46.1-239 shall
be construed to deprive any totally or partially blind or otherwise incapaci-
tated person, not carrying such a cane or walking stick or not being guided
by a dog, of the rights and privileges conferred by law upon pedestrians
crossing streets or highways, nor shall the failure of such totally or
partially blind or otherwise incapacitated person to carry a cane or walk-
ing stick, or to be guided by a guide dog upon the streets, highways or
sidewalks of this Commonwealth, be held to constitute nor be evidence of
contributory negligence.

§ 46.1-241. The councils of cities of the first class may enact ordi-
nances requiring pedestrians to obey signs and signals erected on highways
or streets therein for the direction and control of travel and traffic and
to obey the orders of police officers engaged in directing travel and traffic
on such highways or streets and may provide penalties for violating such
ordinances by fines not exceeding five dollars for each offense.

§ 46.1-242. The driver of a vehicle shall not at any time drive through
or over a safety zone.

Article 6
Railway and Highway Crossing; Parking and Stopping on Highway

§ 46.1-243. It shall be unlawful for any person driving a vehicle to
disobey a clearly visible or audible crossing signal at a highway and rail-
way grade crossing which signal gives warning of the immediate approach
of a railway train.

§ 46.1-244. (a) Except in incorporated cities or towns, whenever
any person driving a vehicle approaches a railroad grade crossing under
any of the circumstances stated in this section, the driver of such vehicle
shall stop within fifty feet but not less than fifteen feet from the nearest
rail of such railroad, and shall not proceed until he can do so safely. The
foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warn-
ing of the immediate approach of a railroad train.

(2) A crossing gate is lowered or a flagman gives or continues to
give a signal of the approach or passage of a railroad train.
(8) A railroad train approaching such crossing gives the signals
required by § 56-414 hereof.

(4) An approaching railroad train is plainly visible and is in hazard-
ous proximity to such crossing.

(b) No person shall drive any vehicle through, around or under any
crossing gate or barrier at a railroad crossing while such gate or barrier
is closed or is being opened or closed. .

§ 46.1-245. (a) Except in incorporated cities or towns, the driver of
any motor vehicle carrying passengers for hire, or of any school bus carry-
ing any school child or of any vehicle carrying explosive substances or

ble liquids as a cargo or part of a cargo, before crossing at grade
any track or tracks of a railroad, shall stop such vehicle within fifty feet
but not less than fifteen feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along such track
for any approaching train, and for signals indicating the approach of a
train , except as hereinafter provided, and shall not proceed until he can do
so safely. After stopping as required herein and upon proceeding when it is
safe to do so the driver of any said vehicle shall cross only in such gear
of the vehicle that there will be no necessity for changing gears while
traversing such crossing.

(b) No stop need be made at any such crossing where a police officer
or a traffic-control signal directs traffic to proceed.

§ 46.1-246. (a) Except in incorporated cities or towns, no person
shall operate or move any crawler-type tractor, steam shovel, derrick,
roller, or any equipment or structure having a normal operating speed
of ten or less miles per hour or a vertical body or load clearance of less
than one-half inch per foot of the distance between any two adjacent
axles or in any event of less than nine inches, measured above the level
surface of a roadway, upon or across any tracks at a railroad grade cross-
ing without first complying with this section.

(b) Notice of any such intended crossing shall be given to a station
agent of such railroad and a reasonable time be given to such railroad
to provide proper protection at such crossing.

(c) Before making any such crossing the person operating or mov-
ing any such vehicle or equipment shall first stop the same not less than
fifteen feet nor more than fifty feet from the nearest rail of such railroad
and while so stopped shall listen and look in both directions along such
track for any approaching train and for signals indicating the approach
of a train, and shall not proceed until the crossing can be made safely.

(d) No such crossing shall be made when warning is given by auto-
matic signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train or car. If a flagman is provided by the rail-
road, movement over the crossing shall be under his direction.

§ 46.1-247. Except in incorporated cities and towns all vehicles when
entering a highway, which is improved and hard surfaced and is a part
of the State Highway System, from the side thereof, shall, immediately
before entering such highway, stop unless a “Yield Right of Way” sign
is posted; where any such sign is posted, the driver of a vehicle entering
such highway shall yield the right of way to the driver of a vehicle ap-
proaching on such highway from either direction.

§ 46.1-248. (a) No vehicle shall be stopped in such manner as to im-
pede or render dangerous the use of the highway by others, except in the
case of an emergency as the result of an accident or mechanical breakdown,
in which case a report shall be made to the nearest police officer as soon a8
practicable and the vehicle shall be removed from the roadway to the
shoulder as soon as possible and removed from the shoulder without un-
necessary delay; and, if said vehicle is not promptly removed, such re-
moval may also be ordered by a police officer at the expense of the owner
if the disabled vehicle creates a traffic hazard.

(b) No vehicle shall be stopped except close to and parallel to the
right-hand edge of the curb or roadway, except that a vehicle may be
stopped close to and parallel to the left-hand curb or edge of the roadway on
one-way streets or may be parked at an angle where permitted by the State
Highway Commission or local authorities with respect to streets and high-
ways under their jurisdiction.

The provisions of this section shall not apply to any vehicle owned or
controlled by the Commonwealth of Virginia, Department of Highways,
while actually engaged in the construction, reconstruction or maintenance
of highways.

§ 46.1-249. (a) The provisions of the first paragraph of § 46.1-248
shall not apply to any rural mail carrier stopping on the highway while
loading or unloading mail at a mail box, provided there be lettered on the
back of the vehicle operated by such rural mail carrier, or lettered on a
sign securely attached to and displayed at the rear of such vehicle, in
letters at least four inches in height, the following:

CAUTION
FREQUENT STOPS

U.S. MAIL

(b) Provided further that nothing in this section shall be construed
so as to relieve any such mail carrier from civil liability for such stopping
on any highway, if he is negligent in so doing, and if said negligence
proximately contributes to any personal injury or property damage result-
ing therefrom.

§ 46.1-250. No truck or bus or part thereof, except a school bus shall
be stopped on the traveled portion of any highway for the purpose of
taking on or discharging cargo or passengers unless the operator cannot
leave the traveled portion of the highway with safety. A school bus may
be stopped on the traveled portion of the highway when taking on or dis-
charging school children, but these stops shall be made only at points where
the bus can be clearly seen for a safe distance from both directions.

§ 46.1-251. A person shall leave the scene of a traffic accident when
directed to do so by a police officer.

§ 46.1-252. The council or other governing body of any city or town
may, by a general ordinance, provide for the regulation of parking within
its limits, including the right to install and maintain parking meters and to
require the deposit therein of a coin of a denomination to be prescribed in
such ordinance and to determine the time during which a vehicle may be
parked and may authorize the city manager, the director of public safety,
the chief of police or other designated officer within the city or town to put
the regulations into effect, including specifically the right and authority to
classify vehicles with reference to parking and to designate the time, place
and manner such vehicles may be allowed to park on city or town streets;
and may delegate to the appropriate administrative official or officials
the authority to make and enforce such additional rules and regulations as
parking conditions may require and may prescribe penalties for failure to
conform thereto.

In any prosecution charging a violation of any such ordinance, regu-
lation or rule, proof that the vehicle described in the complaint, summons
or warrant was parked in violation of such ordinance, regulation or rule,
together with proof that the defendant was at the time of such parking
the registered owner of the vehicle, as required by Chapter 3 of this
title, shall constitute in evidence a prima facie presumption that such
registered owner of the vehicle was the person who parked the vehicle at
the place where, and for the time during which, such violation occurred.

§ 46.1-253. Chapter 38 of the Acts of 1950, approved February 22,
1950, relating to parking regulations and parking meters in any county
having a population in excess of two thousand per square mile, is incor-
porated in this Code by this reference.

§ 46.1-254. (a) The governing bodies of the several counties may,
by appropriate ordinance, prohibit any person, association or corporation
from the parking of automobiles, trucks, or any other automotive equip-
ment on or alongside the roads, highways and streets of the State in the
county, when such person, association or corporation is parking any such
automobile, truck or automotive equipment in pursuance of commercial
purposes. The provisions of this section shall not apply to motor vehicle
carriers when picking up or discharging passengers.

(b) Violations of the provisions of any such ordinance shal] be a
misdemeanor.

§ 46.1-255. Whenever any bus or truck is disabled and stops upon
any portion of the traveled portion of any highway in this State, except
within the corporate limits of cities or upon streets or highways which are
artificially lighted at night, at any time during which lights are required
upon motor vehicles by § 46.1-268 the operator of such bus or truck shall
place or cause to be placed on the roadway three flares or torches of a type
approved by the Superintendent. One of the flares shall be placed in the
center of the lane of traffic occupied by the disabled bus or truck and not
less than one hundred feet therefrom in the direction of traffic approaching
in that lane, one not less than one hundred feet from such bus or truck in
the opposite direction and one at the traffic side of such bus or truck not
closer than ten feet from the front or rear thereof; provided, however,
that if such bus or truck is disabled within five hundred feet of a curve or
crest of a hill, or other obstruction to view, the flares in that direction shall
be so placed as to afford ample warning to other users of the highway, but
in no case less than five hundred feet from the disabled vehicle.

§ 46.1-256. If any such vehicle is used for the transportation of in-
flammable liquids in bulk, whether loaded or empty or for transporting in-
flammable gases, red reflector flares or red electric lanterns of a type ap-
proved by the Superintendent of State Police shall be used in lieu of
flares. Such reflectors or lanterns shall be lighted and placed upon the
roadway in the manner provided above for the placing of flares.

46.1-257. During such time as lights on motor vehicles are not
required red flags not less than twelve inches both in length and width
shall be used in the place of flares, torches, reflectors or lanterns. The
flags shall be placed upon the roadway in the manner prescribed in
$3 46.1-255 and 46.1-256 for flares, torches, reflectors and lanterns, except
that no flag shall be required to be placed at the side of such vehicle; but
if the disablement of such vehicles continues into the period when lights
on motor vehicles are required, flares, torches, reflectors or lanterns shall
be placed as required by §§ 46.1-255 and 46.1-256.

46.1-258. No person shall park a vehicle or permit it to stand,
whether attended or unattended, upon a highway in front of a private
driveway or within fifteen feet in either direction of a fire hydrant or the
entrance to a fire station, nor within twenty feet from the intersection of
curb lines or, if none, then within fifteen feet of the intersection of prop-
erty lines at an intersection of highways.
§ 46.1-259. Every vehicle operated or moved upon a highway within
this State shall at all times be equipped with such lamps as are in this
article respectively required for different classes of vehicles, which lamps
shall at all times be capable of being lighted, except as herein otherwise
provided; but this section shall not apply to any vehicle for transporting
well-drilling machinery licensed under § 46.1-156 when operated only
between the hours of sunrise and sunset.

§ 46.1-260. Every motor vehicle other than a motorcycle, road roller,
road machinery or tractor used on a highway shall be equipped with at
least two head lamps as approved by the Superintendent, at the front of
and on opposite sides of the motor vehicle.

§ 46.1-261. Every motorcycle shall be equipped with at least one and
not more than two head lamps which shall be of a type that has been
approved by the Superintendent and shall be capable of projecting sufficient
light to the front of such motorcycle to render discernible a person or
object at a distance of two hundred feet but shall not project a glaring or
dazzling light to persons approaching such motorcycles.

§ 46.1-262. Every motor vehicle, trailer or semitrailer which is
being drawn at the end of one or more other vehicles, or motorcycles shall
carry at the rear a lamp capable of exhibiting a red light plainly visible in
clear weather from a distance of five hundred feet to the rear of such ve-
hicle and such rear lamp shall be constructed and so mounted in its relation
to the rear license plate as to illuminate by a white light such license plate
so that the same may be read from a distance of fifty feet to the rear of
such vehicle; or a separate white light shall be so mounted as to illuminate
and make visible such rear license from a distance of fifty feet to the rear
of such vehicle, such rear light or special white light to be of a type that
has been approved by the Superintendent.

§ 46.1-263. Every bicycle when in use between sunset and sunrise
shall be equipped with a lamp on the front which shall emit a white light
visible in clear weather from a distance of at least 500 feet to the front
and with a red reflector on the rear of a type approved by the Superin-
tendent which shall be visible from all distances in clear weather from 50
feet to 300 feet to the rear when directly in front of lawful upper beams
of headlamps on a motor vehicle. A lamp emitting a red light visible in
clear weather from a distance of 500 feet to the rear may be used in lieu
of or in addition to the red reflector.

§ 46.1-264. (a) All vehicles or other mobile equipment not hereto-
fore in this article required to be equipped with specified lamps shall carry
one or more lamps or lanterns capable of projecting a white light to the
front and a red light to the rear visible in clear weather from a distance of
not less than five hundred feet to the front and rear of such vehicles.

(b) In lieu of or in addition to the lamps or lanterns a reflex reflector
of a type, size and color approved by the Superintendent may be perma-
nently affixed to the rear and front of such vehicle.

46.1-265. All motor vehicles, trailers or semitrailers exceeding seven
feet in height or in width or the widest portion of which extends four
inches beyond the front fender extremes shall be equipped with lamps
mounted at the extreme right and left hand front top corners of such
vehicle, each of which lamps shall be capable of projecting an amber
light visible in clear weather for a distance of at least five hundred feet to
the front of such vehicle, and shall be equipped with lamps mounted at the
extreme right and left hand rear top corners of such vehicle, each of which
lights shall be capable of projecting a red light visible in clear weather for a
distance of at least five hundred feet to the rear of such vehicle. If the
front or the rear of such vehicle shall not be the widest portion of such
vehicle the dimension or marker lights required in this section shall be
mounted on the widest portions of the vehicle with the amber lights herein
required visible from the front as herein required and the red lights herein
required visible from the rear as herein required. The lamps herein re-
quired shall be of a type that has been approved by the Superintendent.

§46.1-265.1. Whenever any motor vehicle or combination of ve-
hicles whose actual length, including the load thereon, shall exceed thirty-
five (35) feet and is not subject to the provisions of § 46.1-265, such ve-
hicles shall, when operated during the hours of darkness, be equipped with
reflectors of a type approved by the Superintendent. Such reflectors
shall be mounted on the widest part of the towed vehicle or the load
thereon so as to be visible from the front and sides of the vehicle.

§ 46.1-266. Any motor vehicle or motorcycle may be equipped with
not to exceed two spotlights or two ditch lights which when lighted shall
be aimed and used so that no portion of the beam will be directed to the
left of the center of the highway at any time or more than one hundred
feet ahead of the vehicle and shall be of a type that has been approved by
the Superintendent. No such spotlights shall be used in conjunction with
or as a substitute for required headlights, except in case of emergency.

§ 46.1-267. Any motor vehicle may be equipped with not to exceed
two fog lamps, one passing lamp, one driving lamp, two side lamps of not
more than six candle power; interior light of not more than fifteen candle
power; vacant or destination signs on vehicles operated as public carriers,
and signal lamps.

Any police vehicle, fire department vehicle, ambulance, any rescue
vehicle whether publicly or privately owned used for emergency calls, and
any vehicle used for the principal purpose of towing disabled vehicles or
in constructing, maintaining and repairing public highways or utilities on
or along public highways, may be equipped with flashing, blinking or
alternating warning lights of a type approved by the Superintendent.
The Superintendent may limit the number of vehicles to be equipped with
such warning lights owned by any one department, association or person.

In addition to the foregoing, the Superintendent, upon application of
the chief of any volunteer fire department, may issue permits to not more
than three members of any volunteer fire department, designated by the
chief in such application, to equip one privately owned vehicle each with
warning lights for use in emergency calls.

__ No motor vehicle shall be operated on any highway which is equipped
with any lighting device other than lamps required or permitted in this
article or required or permitted by the Superintendent.

_ § 46.1-268. (a) Every vehicle upon a highway within this State shall
display lighted lamps and illuminating devices as required by this Article
from a half hour after sunset to a half hour before sunrise and at any
other time when, due to insufficient light or unfavorable atmospheric con-
ditions, persons in vehicles on the highway are not clearly discernible at
a distance of 500 feet.

(b) Not more than four lamps used to provide general illumination
ahead of the vehicle, including at least two head lamps and any other
combination of fog lamps, passing lamp, driving lamp or other auxiliary
lamp approved by the Superintendent shall be lighted at any time.
Provided, however, this limitation shall not preclude the display of such
warning lights as may be authorized in § 46.1-267, nor such lights as may
be authorized by the Superintendent for purposes of identification, other
than warning lights.

(c) Vehicles equipped with warning lights authorized in § 46.1-267
shall display such lights at all times when engaged in emergency calls,
and if engaged in towing disabled vehicles or in constructing, repairing
and maintaining public highways or utilities on or along public highways,
such lights shall be displayed during the periods prescribed in subpara-
graph (a).

§ 46.1-269. Approved single beam head lamps shall be aimed in ac-
cordance with requirements adopted by the Superintendent so as not to
project a glaring or dazzling light to persons approaching such head lamps
and shall be of sufficient intensity to reveal persons and objects at a dis-
tance of at least two hundred feet.

§ 46.1-270. Approved multiple-beam head lamps, shall be aimed in
accordance with requirements adopted by the Superintendent based on
recommendations of the Society of Automotive Engineers. An uppermost
distribution of light shall be provided of sufficient intensity to reveal per-
sons and objects at least three hundred and fifty feet ahead and at least
one lower, non-glaring distribution of light shall be provided. All road
lighting beams shall be of such intensity as to reveal persons and objects at
least one hundred feet ahead.

§ 46.1-271. Every new motor vehicle hereafter sold when operated
on a highway shall be equipped with an indicator lamp in good condition
which shall indicate to the operator when the uppermost distribution of
light is being used.

§ 46.1-272. Whenever a vehicle is being operated upon a highway or
a portion thereof which is sufficiently lighted to reveal any person or
object upon such way at a distance of three hundred and fifty feet ahead,
the operator of such vehicle shall use one of the lowermost distributions of
light or shall dim the head lamps if the vehicle has single beam lamps.
Whenever a vehicle approaches an oncoming vehicle within five hundred
feet it shall be the duty of the operator of such vehicle to use one of the
lowermost distributions of light so aimed that glaring rays are not pro-
jected into the eyes of the oncoming driver or to dim the headlamps if the
vehicle has single-beam lamps. Whenever the operator of any motor ve-
hicle approaches from the rear or follows within two hundred feet of
another vehicle proceeding in the same direction, such operator shall use
the lowermost distributions of light or shall dim the headlamps if the ve-
hicle has single beam lamps.

; 46.1-273. Whenever a vehicle is parked so that the beam from the
headlights of such parked vehicle will glare into the eyes of the driver of a
vehicle approaching upon a highway, it shall be the duty of the operator
of the parked vehicle to dim or low beam such lights so that glaring rays
are not projected into the eyes of such approaching driver.

§ 46.1-274. (a) Antique motor vehicles as defined in § 46.1-1 may be
equipped with two acetylene head lamps of approximately equal candle
power when equipped with clear plain glass fronts, bright, six-inch
spherical mirrors and standard acetylene five-eights’ foot burners, not
more and not less, which project a driving light sufficient to render clearly
discernible a person upon the roadway within a distance of two hundred
feet but must not project a glaring or dazzling light into the eyes of ap-
proaching drivers.

(b) Vehicles equipped with acetylene lights as hereinbefore provided
shall also be equipped with a rear lamp of acetylene type, which, when
lighted, shall project a red light visible for a distance of three hundred feet
to the rear of the vehicle and shall be so constructed as to illuminate by a
white light the rear license plate of such vehicle so as to read for a distance
of fifty feet from the rear of such vehicle.

§ 46.1-275. The Superintendent shall determine whether any lighting
device of a type sold for use or used upon any motor vehicle, trailer or
semitrailer will comply with the requirements of this title and the specifica-
tions adopted by him for laboratory tests. The Superintendent may adopt
current specifications of the Society of Automotive Engineers for such
laboratory tests. He shall publish lists of approved devices by name and

pe.

46.1-276. _Whenever a vehicle is parked or stopped upon a highway,
whether attended or unattended, during the period from a half hour after
sunset to a half hour before sunrise there shall be displayed upon such
vehicle one or more lamps projecting a white light visible in clear weather
from a distance of five hundred feet to the front of such vehicle and pro-
jecting a red light visible under like conditions from a distance of five
hundred feet to the rear, except that local authorities may provide by
ordinance that no lights need be displayed upon any such vehicle when
parked in accordance with a local ordinance.

ARTICLE 8
Brakes, Horns and Other Mechanical Equipment

§ 46.1-277. Every motor vehicle when operated upon a highway shall
be equipped with brakes adequate to control the movements of and to stop
and hold such vehicle, and such brakes shall be maintained in good work-
re 5g and shall conform to regulations provided in §§ 46.1-277 through

1-280.

§ 46.1-278. On a dry, hard, approximately level stretch of highway
free from loose material, the service (foot) brake shall be capable of
stopping the motor vehicle at a speed of twenty miles per hour within
a distance of twenty-five feet with four wheel brakes or forty-five feet
with two wheel brakes. The hand brake shall be capable of stopping the
a under like conditions within a distance of not more than seventy-five

eet.

§ 46.1-279. Motor trucks and tractor-trucks with semitrailers at-
tached shall be capable of stopping on a dry, hard, approximately level
highway free from loose material at a speed of twenty miles per hour
within the following distances: Thirty feet with both hand and service
brake applied simultaneously and fifty feet when either is applied separ-

tely.

46.1-280. (a) Every semitrailer or trailer or separate vehicle
attached by a drawbar, chain or coupling to a towing vehicle and having an
actual gross weight of three thousand pounds or more, shall be equipped
with brakes controlled or operated by the driver of the towing vehicle which
shall conform to the specifications set forth in § 46.1-279 and shall be of a
type approved by the Superintendent.

(b) “Gross weight” for the purpose of this section includes the load
upon such semitrailer, trailer or separate vehicle.

§ 46.1-281. No person having control or charge of a motor vehicle
shall allow such vehicle to stand on any highway unattended without first
effectively setting the hand brake thereon, stopping the motor and turning
the front wheels into the curb or side of the highway.

§ 46.1-282. Every motor vehicle being operated upon a highway shall
be equipped with steering gear adequate to insure the safe control of the
vehicle which shall not show signs of weakness or breaking under ordinary
conditions. The Superintendent may adopt and promulgate standards of
adequacy of steering gear, which shall be the current standard specifica-
tions of steering gear adopted by the United States Bureau of Standards
or the Society of Automotive Engineers, for determining whether or not
any motor vehicle operated upon any highway conforms to the require-
ments of the Department of State Police.

_§ 46.1-283. Every motor vehicle operated upon a highway shall be
equipped with a horn in good working order, capable of emitting sound
audible under normal conditions over a distance of not less than two
hundred feet.

§ 46.1-284. It shall be unlawful for any vehicle to be equipped with
or for any person to use upon any vehicle any siren or exhaust, compression
or spark plug whistle or horn except as may be authorized in this title. It
shall be unlawful for any vehicle to be equipped with or for any person to
use any horn or warning device while upon a highway or any way open
to public travel that is not of a type that has been approved by the Super-
intendent or for any person at any time to use a horn otherwise than as a
reasonable warning or to make any unnecessary or unreasonably loud or
harsh sound by means of a horn or other warning device, except that the
vehicles of common carriers or extraordinarily large and heavy vehicles
may be equipped with such type of warning device as the Superintendent
may require or permit.

§ 46.1-285. Every police vehicle and fire department vehicle and every
ambulance or rescue vehicle used for emergency calls shall be equipped with
a siren or exhaust whistle of a type not prohibited by the Superintendent.

§ 46.1-286. The Superintendent is hereby authorized to adopt and
enforce rules and regulations and uniform specifications relating to the con-
struction, mounting, use and number of warning devices for which there
shall be an approval fee as prescribed in § 46.1-314.

§ 46.1-287. (a) County and city school boards operating any school
bus, or for whom any school bus is operated, shall have each such school
bus equipped with a warning device of such type as may be prescribed by
the State Board after consultation with the Superintendent of State Police.
Such a warning device shall indicate when such bus is stopped, is about to
stop, and when it is taking on or discharging children. Such warning
device shall be used and in operation for a distance of not less than one
hundred feet before any proposed stop of such bus if the lawful speed limit
is less than thirty-five miles per hour, and for a distance of at least two
hundred feet before any proposed stop of such bus if the lawful speed
limit is thirty-five miles per hour or more.

(b) Any person operating such bus who fails or refuses to equip such
vehicle being driven by him with such equipment, or who fails to use such
warning devices in the operation of such vehicle shall be guilty of a mis-
demeanor, and shall on conviction be fined not less than five dollars nor
more than twenty-five dollars.

§ 46.1-288. The failure of any school bus to have the warning device
prescribed in § 46.1-287 or the failure of the operator to use such warning
device shall not relieve the operator of any motor vehicle from the duty to
stop at or before passing such stopped school bus while taking on or dis-
charging children as provided in § 46.1-190 (f).

46.1-289. No person shall operate a motor vehicle upon a highway
which is not equipped with a mirror so located as to reflect to the operator
a view of the highway for a distance of not less than two hundred feet to
the rear of such vehicle.

§ 46.1-290. (a) No person shall operate upon a highway any motor
vehicle or combination of vehicles having an actual gross weight in excess
of twenty-two thousand five hundred pounds which motor vehicle or com-
bination of vehicles is not equipped with rear fenders, flaps or guards
which shall be of such size as will substantially prevent the projection of
rocks, dirt, water or other substances to the rear. Such fenders, flaps or
guards shall be of a type approved by the Superintendent of State Police.
Vehicles used exclusively for hauling logs shall be exempt from the pro-
visions of this section.

(b) “Gross weight” for the purpose of this section includes the load
upon such motor vehicle or combination of vehicles.
_§ 46.1-291. It shall be unlawful for any person to operate any motor
vehicle upon a highway with any sign, poster or other nontransparent
material upon the front windshield, sideshields or rear windows of such
motor vehicle other than a certificate or other paper required to be placed
by law or which may be permitted by the Superintendent.

§ 46.1-292. (a) Every permanent windshield on a motor vehicle shall
be equipped with a device for cleaning snow, rain, moisture or other matter
from the windshield directly in front of the operator. The device shall be
8o constructed as to be controlled or operated by the operator of the vehicle;
provided that every such device on a vehicle designed or used to carry
passengers for compensation or hire or as a public conveyance to transport
school children or others shall be of a mechanically or electrically operated
type. The device or devices on any motor vehicle manufactured or assem-
bled after January first, nineteen hundred and forty-three, shall clean both
the right and left sides of the windshield and shall be of a mechanically or
electrically operated type.

_ _§ 46.1-298. (a) It shall be unlawful for any person to operate on any
highway a motor vehicle registered in this State and manufactured or
assembled after January first, nineteen hundred and thirty-five, and de-
signed or used for the purpose of carrying persons for compensation or
hire or as a public conveyance to transport school children and others,
unless such vehicle be equipped with safety glass wherever glass is used in
doors, windows, windshield and sideshields.

(b) It shall be unlawful to operate on any highway any motor vehicle
registered in this State, manufactured or assembled after January first,
nineteen hundred and thirty-six, unless such vehicle be equipped with
safety glass wherever glass is used in doors, windows, windshields and
sideshields.

(c) The term “safety glass” as used in this section shall be construed
to mean any product composed of glass so manufactured, fabricated or
treated as substantially to prevent shattering and flying of the glass when
struck or broken. The Commissioner shall maintain a list of types of glass
approved by the Superintendent as conforming to the specifications and
requirements for safety glass as set forth in this section and shall not issue
a license for or relicense any motor vehicle subject to the provisions herein
stated unless such motor vehicle be equipped as herein provided with such
approved type of glass.

(d) No glazing material other than safety glass shall be used in any
motor vehicle registered in this State, except that the Superintendent
may permit safety glazing materials other than glass to be used in lieu
of safety glass in portions of motor vehicles, trailers and semitrailers
designated by him; provided any such material so used bears a trade
name or identifying mark, and has been submitted to and approved by
the Superintendent for such use prior to being used in any such motor
vehicle, trailer or semitrailer.

(e) If any person shall operate any vehicle in violation of the pro-
visions of this section, he shall be punished as provided in § 46.1-16; if such
person shall operate such vehicle under a certificate issued by the State
Corporation Commission, in addition to the penalty provided in § 46.1-16
the certificate of such person may in the discretion of the State Corpora-
tion Commission be suspended until the provisions of this section are
satisfactorily complied with.

(f) Replacement safety glass installed in any part of a vehicle other
than the windshield need not bear a trademark or name, provided the
glass consists of two or more sheets of glass separated by a glazing ma-
terial, and provided the glass is cut from a piece of approved safety glass,
and provided the edge of the glass can be observed.
. § 46.1-294. It shall be unlawful for any person to replace any glass
in any vehicle with any material other than an approved type of safety
glass; provided, that safety glazing materials other than glass approved by
the Superintendent as provided in § 46.1-293 may be used to replace safety
glass in any portion of a motor vehicle which has been designated for such
use by the Superintendent.

§ 46.1-295. Every solid rubber tire on a vehicle moved on any high-
way shall have rubber on its entire traction surface at least one inch thick
above the edge of the flange of the entire periphery. No vehicle equipped
with solid rubber tires shall be operated over any highway in this State
unless a permit therefor first be secured from the State Highway Com-
mission.

§ 46.1-296. No tire on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat or spike or any other protuberance
of any material other than rubber which projects beyond the tread of the
traction surface of the tire, except that it shall be permissible to use farm
machinery having protuberances which will not injure the highway and to
use tire chains of reasonable proportions when required for safety because
of snow, ice or other conditions tending to cause a vehicle to slide or skid.

§ 46.1-297. The State Highway Commission and local authorities in
their respective jurisdictions may in their discretion issue special permits
authorizing the operation upon a highway of traction engines or tractors
having movable tracks with transverse corrugations upon the periphery
of such movable tracks.

§ 46.1-298. (a) Any motor vehicle which is so constructed or carries
a load in such a manner as to prevent a hand and arm signal required in
§ 46.1-217 from being visible both to the front and rear of such vehicle or
any vehicle the driver of which is incapable of giving the required hand and
arm signals shall be equipped with a mechanical or electrical signal device
which meets the requirements of this title and is of a type that has been
approved by the Superintendent.

(b) It shall be unlawful for any person to operate on any highway a
motor vehicle registered in this State and manufactured or assembled after
January first nineteen hundred and fifty-five unless such vehicle be equipped
with such a mechanical or electrical signal device on both front and rear.

(c) Any such mechanical or electrical signal device may be used in lieu
of the hand and arm signal required by § 46.1-217.

(d) The first two paragraphs of this section shall not apply to any
motorcycle.

§ 46.1-299. (a) Every device intended and used to give a signal of
intention to turn or to stop a vehicle shall be so constructed and so installed
as to give a signal plainly visible in clear weather and under normal
traffic conditions from a distance of at least one hundred feet to the rear
and one hundred feet to the front of the vehicle, except that a stop signal
need be visible only to the rear; and provided that no front signal shall be
required on vehicles manufactured or assembled before January first, nine-
teen hundred and forty-three.

(b) The Superintendent may adopt and enforce rules and regulations
not inconsistent with this and the preceding section governing the con-
struction, location and operation of signa] devices and the color of lights
which may be used in any such signal device, except that he shall make no
ruling affecting vehicles which measure less than twenty feet from the
center of the top of the steering column to the rear end of the vehicle or load
when the body or load of such vehicle extends less than twenty-four inches
to the left of the center of the top of the steering column; provided that
nothing contained herein shall prohibit the requiring of an electrical or
mechanical signal device on any vehicle the driver of which is prevented by
any reason from giving the hand and arm signal required in § 46.1-217.

§ 46.1-300. Whenever the load on any vehicle shall extend more
than four feet beyond the rear of the bed or body thereof, there shall be
displayed at the end of such load in such position as to be clearly visible
at all times from the rear of such load, a red flag, not less than twelve
inches, both in length and width, except that between one-half hour after
sunset and one-half hour before sunrise, there shall be displayed at the
end of such load a red light plainly visible in clear weather at least five
hundred feet to the sides and rear of such vehicle. ;

§ 46.1-301. No person shall drive and no owner of a motor vehicle
shall permit or allow the operation of any owned vehicle upon a highway
unless such motor vehicle is equipped with a muffler or mufflers of a type
installed as standard factory equipment, or comparable to that designed
for use upon the particular vehicle as standard factory equipment, in good
working order and in constant operation to prevent excessive or unusual
noise, annoying smoke and escape of excessive gas, steam or oil. A
muffler shall not be deemed to prevent excessive or unusual noise if it
permits or allows the escape of noise in excess of that permitted by the
standard factory equipment muffler of private passenger motor vehicles
or trucks of standard make.

§ 46.1-302. It shall be unlawful to sell or offer for sale a muffler
without interior baffle plates or other effective muffling device, commonly
called “gutted muffler”, “muffler cutout” or “straight exhaust” or for any
motor vehicle to be equipped with or for any person to use such a “gutted
muffler”, “muffler cutout” or “straight exhaust’ while such motor vehicle
is being operated upon a highway.

§ 46.1-303. No vehicle shall be operated or moved on any highway
unless such vehicle is so constructed as to prevent its contents from drop-
ping, sifting, leaking or otherwise escaping therefrom.

§ 46.1-304. (a) No vehicle which is designed or used for the purpose
of hauling logs, poles or lumber, barrels, hogsheads or other materials or
containers which by their nature may shift or roll, shall be operated or
moved over any highway unless its load is securely fastened by adequate log
chains or metal cables so as to prevent the shifting, or falling of such load
from the vehicle, provided, however, that tobacco hogsheads may, in lieu of
chains or metal cables, be secured by manila or hemp rope of such strength
as to fasten securely the hogshead against shifting, falling, or rolling, and
in any case of not less than five-eighths inch in diameter.

(b) But nothing in this section shall be construed to release the owner
or operator from liability for failure to use reasonable care in securing or
fastening said load from shifting or falling.

j 46.1-305. (a) It shall be a felony to install or to aid or abet in
installing, in any manner, in, on or upon any motor vehicle except a motor
vehicle used for the application of insecticides or other chemicals for the
control of weeds or pests any device, appliance, equipment or instrument
of any kind, character or description, or any part of such device, appliance,
equipment or instrument, designed for generating or emitting smoke,
thereby creating what is commonly known as a “smoke screen”, or of
emitting any gas or flame which may be a hindrance or obstruction to traffic.
It shall also be a felony for one to have in his possession any motor vehicle
known by him to be so equipped or to drive or operate, on the highways
of this State, any motor vehicle known by him to be so equipped.

(b) Any person found guilty of violating the provisions of this section
shall be confined in the penitentiary not less than one year nor more than
five years; or he may be fined not less than twenty-five dollars nor more
than five hundred dollars and confined in jail not less than thirty days
nor more than twelve months. The judgment of conviction under this
section shall of itself operate to deprive the person convicted of the right
or privilege to drive or operate any motor vehicle in this State for a
period of six months from the date of such judgment. .

§ 46.1-806. Any motor vehicle found to be equipped with any device,
appliance, equipment or instrument, as mentioned in § 46.1-305, or
equipped for the installation or attachment of any “smoke screen” or gas
or flame emitting device, appliance, equipment or instrument, as so men-
tioned, shall be forfeited to the Commonwealth, subject to the rights of an
innocent owner and lien holders. But no such forfeiture shall take place
unless the owner or operator thereof have knowledge of the fact that such
vehicle is so equipped as described in § 46.1-305.

§ 46.1-307. No motor vehicle shall be operated on any highway
equipped with any mechanical vapor compression refrigeration cooling unit,
used for the cooling of passengers or drivers, unless such device is of a
type approved as to safety by the Superintendent, and the Superintendent
is hereby authorized to adopt and enforce rules and regulations and uni-
form specifications relating to the design, construction, installation, mainte-
nance and use of such mechanical vapor compression refrigeration cooling
units. No refrigerant used in such unit shall be explosive, flammable or
toxic.

Article 9

Approval of Equipment

‘ 46.1-308. It shall be unlawful for any person to possess with intent
to sell or offer for sale, either separately or as a part of the equipment
of a motor vehicle, or to use or have as equipment upon a motor vehicle
operated on a highway any lighting device, warning device, signal device,
safety glass or other equipment on which approval is herein required or
any part or parts tending to change or alter the operation of such device,
glass or other equipment unless of a type that has been submitted to and
approved by the Superintendent. ;

§ 46.1-309. Each device, glass or other equipment mentioned in
§ 46.1-308 offered for sale in this State shall bear thereon a trademark
or name or be identified in keeping with the Superintendent’s regulations
and shall be accompanied by printed instructions as to the proper mount-
ing, use and candle power of bulbs, if any, to be used therewith and any
particular methods of mounting or adjustments necessary to meet the
pery egnente of this title, and any rule or regulation of the Superin-

ndent.

§ 46.1-310. (a) Any safety belt or safety harness installed in a
vehicle shall be designed and installed in such manner as to prevent or
materially reduce movement of any person using the same in the event
of collision or upset of the vehicle.

(b) The Superintendent shall establish specifications or requirements
for approved type safety belts and safety harnesses, attachments and
installation, in accordance with the provisions of this section, and such
specifications or requirements may be the same as those specifications or
requirements for safety belts or safety harnesses established by the Civil
Aeronautics Administration Technical Standard Orders or regulations
established by the Society of Automotive Engineers for Safety Belts and
Safety Harnesses.

(c) No person shall sell, offer or keep for sale any safety belt, safety
harness, or attachments thereto for use in a vehicle, unless of a type which
has been approved by the Superintendent.

§ 46.1-311. The Superintendent may establish a procedure for the
approval of equipment required to be so approved. Such procedure shall
include the submission of a sample of the device for test and record pur-
poses, submission of evidence that the device complies with this title and
with recognized testing standards which the Superintendent is hereby
authorized to adopt, and payment of the fee hereinafter provided. The
Superintendent may waive the submission of a sample of the device when
the request for approval is accompanied by an American Association of
Motor Vehicle Administrators Examination Certificate showing compliance
with specifications of the Society of Automotive Engineers and the Na-
tional Commercial Standards when such specifications are in reasonable
conformity with regulations adopted by the Superintendent. The Super-
intendent shall then within a reasonable time either disapprove the device
or issue a certificate of approval therefor.

§ 46.1-312. The Superintendent shall approve methods of brake test-
ing and headlight testing. Approval of the use of mechanical brake and
light testing equipment may be given by the Superintendent. When neces-
sary, the Superintendent may call upon the United States Bureau of
Standards or some other recognized testing agency to assist him in deter-
mining whether such mechanical testing equipment shall be approved for
the purpose set forth in this title.

§ 46.1-313. The Superintendent, when having reason to believe that
an approved lighting device, horn or warning device, signal device, mirror,
windshield wiper, safety glass or other equipment for which a certificate
of approval has been issued and which is being sold commercially does
not under ordinary conditions of use comply with the requirements of
this title, may, after notice to the manufacturer thereof, suspend or revoke
the certificate of approval issued therefor, until or unless such device is
resubmitted to and retested by an authorized testing agency and is found
to meet the requirements of this title. The Superintendent may at the
time of retest purchase in the open market and submit to the testing agency
one or more sets of such approved device and if such device upon such
retest fails to meet the requirements of this title the Superintendent may
permanently revoke the certificate of approval of such device. In the
discretion of the Superintendent, an approval for the sale and use of any
such device may be amended to permit the continued use of such devices
already sold but to prohibit further sales of the device.

§ 46.1-314. (a) Any person who shall apply to the Superintendent
for a certificate of approval required by this chapter shall pay the fees
herein prescribed:

(1) The fee for approval and recordation of head lamps, warn-
ing devices, safety glass, signal devices and other devices required
by this title to be approved by the Superintendent and not provided for
elsewhere in this section shall be a sum not more than one hundred and
fifty dollars.

(2) The fee for approval and recordation of rear lamps, spotlamps or
ay other lighting devices shall be a sum not more than seventy-five

ollars.

(3) The fee for approval and recordation of mirrors or windshield
wipers shall be a sum of not more than fifty dollars.

(4) The fee for approval and recordation of brake testing and light
testing machines shall be a sum not more than one hundred dollars for
each type approved.

(5) The fee for approval and recordation of safety belts and safety
harnesses shall be a sum not more than fifty dollars.

(b) Fees collected under this section shall be used by the Superin-
tendent in examining and testing devices to be approved and for main-
§ 46.1-315. (a) The Superintendent may at any time compel, by
proclamation of the Governor or otherwise, the owner or operator of any
motor vehicle, trailer or semitrailer operated upon a highway within this
Commonwealth to submit such vehicle to an inspection of its mechanism
and equipment by an official inspection station, designated for that purpose,
and any such owner or operator who fails to submit a motor vehicle, trailer
or semitrailer operated upon the highways of this State to such inspection
or who fails or refuses to correct or have corrected in accordance with the
requirements of this title any mechanical defects found by such inspection
to exist shall be guilty of a misdemeanor and shall be punished in accord-
ance with the provisions of § 46.1-16 and each day upon which such
motor vehicle, trailer or semitrailer is operated over any highway of this
Ste after failure to comply with this law shall constitute a separate
offense.

(b) The provisions of this section shall not apply to any vehicle for
transporting well drilling machinery licensed under § 46.1-156.

46.1-316. For the purpose of this section, a “logtrailer” shall be any
vehicle designed and used solely as an implement for hauling logs, lumber
or other forest products from the forest to the mill or loading platform.
A logtrailer as defined in this section shall be exempt from the require-
ments of § 46.1-315 if the operation on the highways of this State does
not exceed two miles and is made during daylight hours.

§ 46.1-317. For the purpose of this section a towed vehicle shall be
any motor vehicle designed or altered and used exclusively for racing or
other exhibition purposes at places other than the highways of this State
where such vehicle does not operate under its own power on the highways
of this State in going to or from such places. A towed vehicle as defined
in this section shall be exempt from the requirements of § 46.1-315.

§ 46.1-318. The Superintendent may designate, furnish instructions
to and supervise official inspection stations for the inspection of motor
vehicles, trailers and semitrailers and for adjusting and correcting equip-
ment enumerated in this chapter in such a manner as to conform to
specifications hereinbefore set forth. The Superintendent shall adopt and
furnish to such official inspection stations rules and regulations governing
the making of inspections required by this chapter. The Superintendent
may at any time, after five days’ notice, revoke the designation or appoint-
ment of any official inspection station designated or appointed by him.
When the equipment has been corrected in accordance with this title the
official inspection station shall issue to the operator or owner of the
vehicle, on forms furnished by the Department of State Police, a duplicate
of which is retained by such station, a certificate showing the date of
correction, registration number of the vehicle and the official designation
of such station; there also shall be placed on the windshield of the vehicle
at a place to be designated by the Superintendent an approval inspection
sticker furnished by the Department of State Police. If any vehicle is
not equipped with a windshield, the approval sticker shall be placed on the
vehicle in a location designated by the Superintendent. This sticker shall
be displayed on the windshield of such vehicle or at such other designated
place upon the vehicle at all times when it is operated on the highways
of the Commonwealth and until such time as a new inspection period
shall be designated and a new inspection sticker issued; provided, however,
that common carriers, operating under certificate from the State Corpo-
ration Commission, who desire to do so may install or use with the approval
of the Superintendent private inspection stations for the inspection and
correction of their equipment.

§ 46.1-319. The Superintendent shall promulgate regulations for the
inspection of motor vehicles under this title and shall furnish each official
inspection station with a printed set of such regulations suitable for post-
ing and such station shall post the same in a conspicuous place in the
portion of its premises where such inspections are made and shall cause
its employees making official inspections for it and on its behalf to be
conversant with such regulations.

§ 46.1-320. The Superintendent shall not authorize or designate any
person, firm or corporation as an official inspection station unless and until
such person, firm or corporation shall satisfy the Superintendent under
such regulations as the Superintendent shall prescribe that such person,
firm or corporation has met and will continue to conform with at least
the following standards:

(a) The station is equipped with sufficient mechanical equipment and
apparatus and is manned with skilled and competent automotive mechanics
to make a complete and thorough inspection in accordance with the pro-
visions of this article;

(b) Sufficient space, facilities or other adequate means are provided
by the station at the place where the official inspections are to be made
for testing the brakes, headlights and steering mechanism of motor
vehicles and to ascertain that motor vehicles inspected by the station shall
meet such safety standards as may be prescribed by the Superintendent
under the terms of this title;

(c) The person making the actual inspection for the station or under
whose immediate personal supervision such inspection is made shall have
not less than one year’s practical experience as an automotive mechanic;
an

(d) No person shall be designated by such station to make such inspec-
tions for it unless the person has been approved for that purpose by the
Department of State Police.

46.1-821. Each official inspection station may make a charge of
one dollar for each such inspection, but the imposition of such charge
shall not be mandatory. No such charge shall be made unless the station
contracts therefor beforehand.

46.1-822. The term “inspection” as herein used shall not include
repairs or adjustments. Repairs or adjustments necessary to bring the
vehicle in conformity with this title may be made by agreement between
the owner and such station or whatever repair station the owner may
select. If such adjustments or repairs are made by anyone other than
an official inspection station such vehicle must again be inspected and
approved by an official inspection station.

46.1-328. No person, firm or corporation, unless authorized and
designated as such in accordance with the provisions of this article, shall,
either directly or indirectly, display, advertise or represent that such person,
firm or corporation is an official inspection station.

§ 46.1-324. Any person violating this article shall be punished by a
fine of not less than $25 nor more than $500 for the first offense and not
less than $100 nor more than $1000 for each subsequent offense except as
herein otherwise provided. If the violation of this article or regulations
of the Superintendent made pursuant thereto is by an official inspection
station in addition to or in lieu of such fine imposed by a court the Superin-
tendent may, whether or not the violation is a first offense against this
article, or regulation of the Superintendent, suspend the appointment of
the inspection station or, if in his opinion after hearing, the facts warrant
such action the Superintendent may revoke the authority and cancel the
appointment of such inspection station.

§ 46.1-325. No person shall remove from the custody of any person
to whom the same has been issued by or under the authority of the Super-
intendent of State Police, nor have in his possession or use otherwise than
as authorized by the Superintendent for the purposes set forth in this
article, any inspection sticker or other form or paper issued by the Super-
intendent in connection with the inspection of motor vehicles authorized
herein. In any case where the Superintendent shall have suspended or
revoked the designation or appointment of any official inspection station
designated or appointed by him, such station shall surrender possession to
the Superintendent or his duly authorized representative of all inspection
stickers and other forms and papers used in connection with inspection of
motor vehicles on or before the effective date of such suspension or
revocation. Any person violating the provisions of this section shall be
guilty of a misdemeanor and punished in accordance with § 46.1-324.

§ 46.1-326. (a) No person shall make, issue, or knowingly use any
imitation or counterfeit of an official certificate of inspection.

(b) No person shall display or cause or permit to be displayed upon
any vehicle any certificate of inspection and approval knowing the same
to be fictitious or issued for another vehicle.

Article 11
Maximum Size and Weight; Combinations of Vehicles

§ 46.1-8327. The maximum size and weight of vehicles herein speci-
fied shall apply throughout the State. Local authorities shall not alter
such limitations except as expressly authorized in this Title.

§ 46.1-328. (a) No vehicle, including any load thereon, but excluding
the mirror required by § 46.1-289, shall exceed a total outside width as
follows: (1) Farm tractor—108 inches; (2) Passenger bus operated in an
incorporated city or town when authorized under § 46.1-180—102 inches;
(3) Other vehicles—96 inches.

(b) Provided, however, that upon application by the governing body
of any county having a population of more than five thousand inhabitants
per square mile the State Highway Commission may by general or special
order, which may be amended or rescinded from time to time, permit the
operation of passenger buses in excess of ninety-six inches but not ex-
ceeding one hundred and two inches on certain highways or parts thereof
designated by the Commission in such county.

§ 46.1-3829. (a) No vehicle unladen or with load shall exceed a height
of twelve feet, six inches, except that vehicles designed and used for the
transportation of motor vehicles, commonly called car carriers, may be
not more than thirteen feet, six inches in height.

(b) Nothing contained in this section shall be construed to require the
public authorities to provide vertical clearances in excess of 12 feet 6
inches. The operator or owner of vehicles operating under the provisions
of this section shall be held financially responsible for any damage that
results to overhead obstructions from such operation.

§ 46.1-3830. No motor vehicle exceeding a length of 35 feet shall be
operated upon a highway of this State. Provided, however, the State
Highway Commission may, by general or special order, which may be
amended or rescinded from time to time, permit the operation of passenger
buses in excess of 35 feet but not exceeding 40 feet on certain highways
or parts thereof designated by the Commission. The actual length of any
combination of vehicles coupled together including any load thereon shall
not exceed a total of 50 feet; and no tolerance shall be allowed thereon.
Provided, however, that the State Highway Commission in cases of emer-
gency may issue a special permit for combinations in excess of 50 feet
including any load thereon where the object or objects to be carried cannot
be moved otherwise; and passenger buses in excess of 35 feet, but not
exceeding 40 feet, may be operated on the streets of incorporated cities
and towns when authorized pursuant to § 46.1-180.

§ 46.1-331. The actual length of any combination of a towing vehicle
and any mobile home or house trailer, coupled together, shall not exceed
a total length of fifty-five feet, including coupling.

§ 46.1-332. The limitations upon size of vehicles prescribed in
§§ 46.1-328 through 46.1-330 and §§ 46.1-333 and 46.1-334 shall not apply
to farm machinery other than farm tractors when such farm machinery is
temporarily propelled or moved upon the highway nor to fire fighting
atadalatd of any county, city, town or fire fighting company or associa-

ion.

§ 46.1-333. No train of vehicles or vehicle operated alone shall carry
any load extending more than three feet beyond the front thereof.

_ §.46.1-334. No vehicle shall carry any load extending beyond the
line of the fender or body on the left side of such vehicle nor extending
more than six inches beyond the line of the fender or body on the right
side thereof.

_ § 46.1-335. No motor vehicle shall be driven upon a highway draw-
ing or having attached thereto more than one motor vehicle, trailer or
semitrailer, provided, however, that in the cities of this Commonwealth,
the councils may, in their discretion, by general ordinance, permit motor
vehicles to be driven upon streets of their respective cities drawing or
having attached thereto more than one other vehicle, trailer or semitrailer.

§ 46.1-386. The connection between any two vehicles one of which is
towing or drawing the other on a highway shall consist of a fifth wheel,
drawbar or other similar device not to exceed ten feet in length from one
vehicle to the other and such two vehicles shall in addition to such draw-
bar or other similar device be equipped at all times when so operated on
the highway with an emergency chain.

§ 46.1-337. The provisions of § 46.1-336 shall not apply in case of
a bona fide emergency resulting from a mechanical breakdown or an acci-
dent when such vehicle is being towed to the nearest garage or repair shop
which can furnish the required service. In any such case such connection
may consist solely of a chain, rope or cable of not over fifteen feet in
length between vehicles; provided that a licensed operator shall be at the
controls of the towed vehicle to brake, steer and control the lights thereof.

§ 46.1-888. Nothing in this title shall be construed to prohibit towing
an unlicensed motor vehicle or motor vehicle which has not been inspected.

§ 46.1-339. (a) The maximum gross weight and axle weight to be
permitted on the road surface of any highway shall be in accordance with
the provisions of this section.

(b) For the purposes of this section an axle weight shall be defined as
the total weight transmitted to the road by all wheels whose centers may
be included between two parallel transverse vertical planes forty inches
apart, extending across the full width of the vehicle and all wheels thereof
that are equipped with brakes in conformity with §§ 46.1-277 to 46.1-280.

(ec) The axle weight of any vehicle or combination shall not exceed
eighteen thousand pounds, nor shall it exceed six hundred fifty pounds
per inch, width of tire, measured in contact with the surface of the highway.

(d) No group of axles shall carry a weight in pounds in excess of the
value given in the following table corresponding to the distance in feet
between the extreme axles of the group, measured longitudinally to the
nearest foot nor shall any motor vehicle exceed a gross weight of fifty-si
thousand, eight hundred pounds:

Distance in feet between Maximum weight in pounc
the extremes of any on any group
group of axles of axles

(e) Provided, however, that motor vehicles which are registere
with the Virginia Division of Motor Vehicles or State Corporation Com
mission prior to July first, nineteen hundred and fifty-six may be per
mitted to operate under (1) the preceding paragraphs of this section i
conformity therewith or (2) under the provisions of the statutes of thi
State in force on January first, nineteen hundred and fifty-six but sucl
operation shall only be permissible during the period in which the moto:
vehicle remains in operating condition. When such vehicle ceases to b
operable the option to operate under this provision shall terminate. Al
vehicles, operation of which is desired under the provisions of subsectio1
(2) of this paragraph, shall be registered with the State Department o
Highways and obtain a permit, without cost, so to do.

§ 46.1-339.1. The provisions of § 46.1-339 shall not apply to a ve
hicle designed for towing disabled vehicles, when towing such vehicle in a1
emergency in such manner that a part of the combined weight of the tw
vehicles rests upon an axle or axles of the towing vehicle, provided th
towed and towing vehicles each are within the weight limits prescribed it
§ 46.1-339. The provisions of this section shall not be construed to permi
the violation of any lawfully established load limit on any bridge.
§ 46.1-340. No vehicle shall cross any bridge or culvert within the
State if the gross weight of such vehicle is greater than the amount posted
on the bridge or culvert as its carrying capacity. .

§ 46.1-341. Any violation of §§ 46.1-339 and 46.1-340 shall constitute
a misdemeanor and shall be punishable as provided in § 46.1-16.

§ 46.1-342. (a) Upon conviction of any person for violation of any
weight limit as provided in this chapter the court shall assess the owner
or operator of such overweight vehicle liquidated damages in the amount
of two cents per pound for each pound of excess weight over the pre-
scribed limit when the excess is five thousand pounds or less, and five cents
per pound for each pound of excess weight over the prescribed limit when
such excess is more than five thousand pounds. Such assessment shall be
entered by the court as a judgment for the Commonwealth against the
owner or operator, and shall constitute a lien upon any property of the
owner or operator located within the Commonwealth. Such sums shall be
paid into court or collected by the attorney for the Commonwealth and
forwarded to the State Treasurer and allocated to the fund appropriated
for the construction and maintenance of State highways.

(b) Any officer authorized to make arrests and weigh vehicles under
the provisions of this chapter may for a period of twenty-four hours
without a court order and thereafter upon a written order of the court
either before or after conviction hold the vehicle involved in the over-
weight violation, provided the same is not registered with the Division
of Motor Vehicles, until the amount assessed, if after conviction, or sub-
ject to be assessed, if before conviction, together with the cost of holding
or storing of the vehicle, be paid, or until a bond by or on behalf of the
offending person is given for payment as the court may direct of the
amount assessed or to be assessed with surety approved by the court or
its clerk.

(c) Upon notification of the failure of such person to pay the amount
assessed, together with the payment of cost of holding such vehicle under
this section, the Division or the Department of State Police may thereafter
deny the offending person the right to operate a motor vehicle or vehicles
upon the highways of this State until such assessment has been paid.

__ (d) The Department of State Police is vested with the same powers
with respect to the enforcement of this section as it has with respect to
the enforcement of the criminal laws of the Commonwealth.

(e) The charge hereinabove specified shall be in addition to any other
liability which may be legally fixed against such owner or operator for
damage to a highway or bridge attributable to such weight violation.

§ 46.1-343. (a) The State Highway Commission and local authorities
of cities and towns in their respective jurisdictions may, in their discre-
tion, upon application in writing and good cause being shown therefor,
issue a special permit in writing authorizing the applicant to operate or
move a vehicle upon the highway of a size or weight exceeding the maxi-
mum specified in this title. Every such permit may designate the route
to be traversed and contain any other restrictions or conditions deemed
necessary by the body granting such permit.

(b) Provided, however, the State Highway Commission and local
authorities of cities and towns, in their respective jurisdictions, upon
application in writing made by the owner or operator of three axle vehicles
used exclusively for the mixing of concrete in transit or other three axle
trucks hauling road construction materials and having a gross weight not
exceeding forty-three thousand and nine hundred pounds, a single axle
weight not exceeding eighteen thousand pounds, and a tandem axle weight
not exceeding thirty-two thousand pounds, shall issue to such owner or
operator, without cost, a permit in writing authorizing the operation of
such vehicles upon the highways. No such permit shall designate the
route to be traversed nor contain restrictions or conditions not applicable
to other vehicles in their general use of the highways. _

(c) Provided further, the State Highway Commission and local au-
thorities of cities and towns, in their respective jurisdictions, upon ap-
plication in writing, made by the owner or operator of two or three axle
vehicles used exclusively for the hauling of coal from a mine or other place
of production to a preparation plant, loading dock or railroad and having
a gross weight not exceeding forty-three thousand nine hundred pounds,
a single axle weight not exceeding twenty thousand pounds until October
one, nineteen hundred fifty-nine and thereafter eighteen thousand pounds,
and a tandem axle weight not exceeding thirty-six thousand pounds until
October one, nineteen hundred fifty-nine and thereafter thirty-two thou-
sand pounds, shall issue to such owner or operator, without cost, a permit
in writing authorizing the operation of such vehicles upon the highways of
this State; provided, however, that no such permit shall be valid for the
operation of any such vehicle for a distance of more than twenty-five miles
from such preparation plant, loading dock or railroad. However, no per-
mit issued under this section providing for a single axle weight in excess
of eighteen thousand pounds or a tandem axle weight in excess of thirty-
two thousand pounds shall be issued to include travel on the Federal
Interstate System of Highways.

(d) Every such permit shall be carried in the vehicle to which it refers
and shall be open to inspection by any officer and it shall be a misdemeanor
for any person to violate any of the terms or conditions of such special
permit.

§ 46.1-344. In the event a valid regulation of interstate commerce,
recognized by the State Highway Commission, permits the use in inter-
state commerce over the highways of Virginia or any of them, of a greater
size, weight or load limit than may be prescribed as provided in this
title, then the Commission may prescribe a similar size, weight and load
limit for vehicles in intrastate commerce operated over the same highways.

§ 46.1-345. (a) Whenever in the judgment of the State Highway
Commission it would promote the safety of travel or is necessary for the
protection of any highway or section of highway or bridge constituting a
part of the State Highway System or the secondary system of State high-
ways from undue damage or strain, the State Highway Commission may,
prescribe the weight, width, height, length or speed of any vehicle or com-
bination of vehicles passing over such highway or section of highway or
bridges less than those prescribed by this title. For such purpose the State
Highway Commission may prescribe such lesser weights, width, heights,
length or speeds for vehicles or combination of vehicles, passing over any
general class, width, description or specification of highways or bridges
constituting a part of the State Highway System or the secondary system
of State highways. The local authorities of cities, towns and counties,
where the highways are under their jurisdiction, may adopt rules and
regulations or pass ordinances, as the case may be, decreasing the weight
and road limit specified in § 46.1-339 for a total period not to exceed
ninety days in any calendar year, when operation over highways by reason
of deterioration, rain, snow or other climatic conditions will seriously
damage such highways unless such weights are reduced. The State High-
way Commission shall cause to be erected signs stating the weight, height,
width, length or speed at each end of the section of highway affected and
no such change shall be effective until such signs are erected. Any local
authority executing any such ordinance or regulation shall cause to be
erected signs stating the weight specified in such ordinance or regulation
at each end of the section of highway affected and no such ordinance or
regulation shall be effective until such signs are erected.
(b) Any violation of any weight, width, length or speed restriction
prescribed by the State Highway Commission and indicated by signs
properly erected by the State Highway Commission or of any ordinances
or regulations passed by local authorities and indicated by signs erected as
required in the preceding paragraph shall constitute a misdemeanor and
shall in either case be subject to the same punishment provided by § 46.1-16
whether the prosecution be for a violation of a properly posted sign of the
State Highway Commission or a rule and regulation or ordinance of the
authorities of a city, town, or county.

§ 46.1-346. (a) In addition to other powers vested in it by law and in
particular by § 46.1-345, the State Highway Commission may, when in
its judgment it is advisable so to do, in order to protect any highway or
section thereof, public bridge, causeway or viaduct from undue damage
or strain, determine and fix the maximum weight of any motor vehicle or
combination of vehicles to be operated over such public highway or section
thereof, public bridge, causeway or viaduct in this State at less than the
maximum otherwise provided by law. In such cases it shall cause conspicu-
ous signs to be posted on or at the approach to such public highways or
sections thereof, public bridges, causeways or viaducts, as the case may
be, plainly indicating the maximum weight of any vehicle or combination
of vehicles permitted to be operated thereon, or such of them as are less
than such maximum otherwise provided by law.

(b) It shall be unlawful to operate a motor vehicle or combination of
vehicles over or upon any public highway or section thereof, public bridge,
causeway or viaduct in this State when the weight thereof exceeds the
maximum so posted by or upon the authority of the State Highway Com-
mission.

(c) Any person convicted of a violation of any provision of this section
shall be punished by a fine of not less than ten dollars nor more than five
hundred dollars or by confinement in jail for not less than one day nor
more than six months, or both, and the motor vehicle or combination of
vehicles so operated may be held upon an order of the court until all fines
and costs have been satisfied.

(d) This section shall not be construed to apply, except in cases of
bridges and culverts, when it is proven by the person accused of the viola-
tion thereof that the journey upon which such motor vehicle or combina-
tion of vehicles was then engaged originated or was intended to terminate
upon the section of highway upon which it was then traveling and upon
which the maximum weight had been lessened under the provisions of
this section and that such person had no other public road free of such
restrictions upon which he might have operated such motor vehicle or com-
bination of vehicles from the point of origin of the journey or to the
destination, as the case may be.

§ 46.1-847. Any officer authorized to enforce the law under this title,
having reason to believe that the weight of a vehicle and load is unlawful,
is authorized to weigh the same. If the place where the vehicle is stopped
is ten miles or less from a permanent weighing station, the officer may,
and upon demand of the driver shall, require the vehicle to proceed to such
station; if the distance to the nearest permanent weighing station is more
than ten miles such vehicle may be weighed by loadometers. Any operator
who fails or refuses to drive his vehicle to such permanent weighing
station or upon such scales or loadometers upon the request and direction
of the officer so to do shall be guilty of a misdemeanor and upon convic-
tion thereof shall be fined not less than ten dollars nor more than one
hundred dollars, which penalty shall be in addition to any other penalties
prescribed for exceeding the maximum weight permitted or for
any other violation. Should the officer find that the weight of any vehicle
and its load is greater than that permitted by this title or that the weight
of the load carried in or on such vehicle is greater than that which the
vehicle is licensed to carry under the provisions of this title, he may
require the driver to unload, at the nearest place where the property
unloaded may be stored or transferred to another vehicle, such portion
of the load as may be necessary to decrease the gross weight of the vehicle
to the maximum therefor permitted by this title. Any property so un-
loaded shall be stored or cared for by the owner or operator of the over-
weight vehicle at the risk of such owner or operator. If the driver of
an overloaded vehicle is convicted, forfeits bail or purchases an increased
license as a result of such weighing, the court in addition to all other
penalties shall assess and collect a weighing fee of two dollars from the
owner or operator of the vehicle and shall forward such fee to the
State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate
the same to the fund appropriated for the administration and maintenance
of the Department of State Police.

PART II
OPERATORS’ AND CHAUFFEURS’ LICENSE ACT

CHAPTER 8
Parking Facilities

§ 46.1-551. It shall be lawful for any owner, operator or lessee of any
parking lot or parking area or space therein or part thereof, or of any
other lot or building, including any town, city or county, to have any motor
or other vehicle, occupying such lot, area, space or building or part
thereof without the permission of such owner, operator, lessee or author-
ized agent of the one having the control of such premises removed by
towing or otherwise, to a licensed garage for storage until called for by the
owner or his agent, provided notice of such action shall be first or simul-
taneously therewith given to at least one of the local law enforcement
officers; provided, further, that in the event of such removal and storage
the owner of the vehicle involved shall be chargeable with and the said
vehicle may be held for a reasonable charge for its removal and storage.
This section shall not apply to police, fire or public health vehicles or where
a vehicle shall, because of a wreck or other emergency, be parked or left
temporarily upon the property of another.

§ 46.1-552. (a) No action shall lie or proceeding be brought against
any person, firm or corporation conducting any business and maintaining
a parking lot, at which free parking accommodations are provided for
customers or employees of such business, when a motor vehicle is parked
in such parking lot, for the total or partial loss of such motor vehicle by
reason of theft or damage by any person other than the employee or for
the total or partial loss of property left in such motor vehicle by reason
of theft or damage by any person other than an employee.

(b) As used in this section, “free parking accommodations” means
parking accommodations for which no specific charge is made and the
patronage of the business by customers and the performance of the regular
services for the business by employees shall not constitute the payment
of any consideration for the use of the parking accommodations.

(ec) Nothing in this section shall relieve any person of liability result-
ing from his own wrongdoing.