CHAPTER 618

An Act to amend and reenact § 46.1-1, relating to definitions in the Motor
Vehicle Law.
[H 793]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

Mt That § 46.1-1, of the Code of Virginia, be amended and reenacted as
ollows:

§ 46.1-1. The following words and phrases when used in this title
shall, for the purpose of this title have the meanings respectively ascribed
to them in this section except in those instances where the context clearly
indicates a different meaning:

(1) “Business district”. The territory contiguous to a highway
where seventy-five per centum or more of the total frontage, on * either
side of the highway, for a distance of three hundred feet or more is oc-
cupied by land and buildings actually in use and operation for business pur-

poses.

(2) “Chauffeur”. Every person employed for the principal purpose
of operating a motor vehicle and every person who drives a motor vehicle
while in use as a public or common carrier of persons or property.

(3) “Commission”. The State Corporation Commission.

(4) “Commissioner”. The Commissioner of the Division of Motor
Vehicles of this State.

(5) “Division”. The Division of Motor Vehicles of this State.

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

(7) “Farm tractor’. Every motor vehicle designed and used pri-
marily as a farm, agricultural or horticultural implement for drawing
plows, mowing machines and other farm, agricultural or horticultural
machinery and implements.

(8) “Financial responsibility”. Ability to respond in damages for
liability thereafter incurred arising out of the ownership, maintenance,
use or operation of a motor vehicle, in the amount of $15,000 because of
bodily injury to or death of any one person and, subject to such limit for
one person, in the amount of $30,000 because of bodily injury to or death
of two or more persons in any one accident, and in the amount of $5,000
because of injury to or destruction of property in any one accident.

(9) “Foreign vehicles’. Every motor vehicle, trailer or semitrailer
which shall be brought into this State otherwise than in the ordinary
course of business by or through a manufacturer or dealer and which has
not been registered in this State.

(10) “Highway”. The entire width between the boundary lines of
every way or place of whatever nature open to the use of the public for
purposes of vehicular travel in this State, including the streets, alleys and
publicly maintained parking lots in counties, cities and towns.

(10a) “Roadway”. That portion of a highway improved, designed
or ordinarily used for vehicular travel, exclusive of the shoulder. A high-
way may include two or more roadways if divided by a physical barrier
or barriers or unpaved area.

(10b) “Traffic lane” or “lane”. That portion of a roadway designed
or designated to accommodate the forward movement of a single line of
vehicles.

(10c) “Shoulder”. That part of a highway between the portion
regularly travelled by vehicular traffic and the lateral curb line or ditch.

(11) “Intersection”. (a) The area embraced within the prolonga-
tion or connection of the lateral curb lines, or, if none, then the lateral
boundary lines of the roadways of two highways which join one another
at, or approximately at, right angles, or the area within which vehicles
travelling upon different highways joining at any other angle may come
in conflict.

(b) Where a highway includes two roadways (30) feet or more
apart, then every crossing of each roadway of such divided highway by
an intersecting highway shall be regarded as a separate intersection. In
the event such intersecting highway also includes two roadways (30) feet
or more apart, then every crossing of two roadways of such highways
shall be regarded as a separate intersection.

(12) “Manufacturer”. Every person engaged in the business of con-
structing or assembling motor vehicles, trailers or semitrailers at an estab-
lished place of business in this State.

(12a) “Dealer”. Every person engaged in the business of buying,
selling or exchanging motor vehicles, trailers, and semitrailers in this
State and who has an established place of business for such purpose in
this State at which place of business the books and records of such dealer
are kept and at which a substantial part of the business of such dealer
is conducted.

(13) “Metal tires’. All tires the surface of which in contact with
the highway is wholly or partly of metal or other hard, nonresilient
material.

(14) “Motorcycle”. Every motor vehicle designed to travel on not
more than three wheels in contact with the ground and any four-wheeled
vehicle weighing less than five hundred pounds and equipped with an
engine of less than six horsepower, except any such vehicle as may be
included within the term “farm tractor” as herein defined.

(15) “Motor vehicle’. Every vehicle as herein defined which is self-
propelled or designed for self-propulsion except that the definition con-
tained in § 46.1-389 (d) shall apply for the purposes of chap 6
(§ 46.1-388 et seq.) of this title.

(15a) “Antique motor vehicle’. Every motor vehicle, as herein
defined, which is over twenty-five years old and is owned solely as a col-
lector’s item, and is used for participation in club activities, exhibits,
tours, parades, and similar uses, but in no event used for general trans-
portation, may be classified by the Commissioner as an antique motor
vehicle.

(16) “Nonresident”. Every person who is not domiciled in this State,
except:

(a) Any foreign corporation which is authorized to do business in
this State by the State Corporation Commission shall be deemed a resident
of this State for the purpose of this title; provided, however, that in the
case of corporations incorporated in this State but doing business without
the State, only such principal place of business or branches located within
this State shall be dealt with as residents of this State.

(b) A person who becomes engaged in a gainful occupation in this
State for a period exceeding sixty days, shall be deemed a resident for the
purposes of this title.

(c) A person who has actually resided in this State for a period of
six months, whether employed or not, or who has registered a motor
vehicle, listing an address within this State in the application for regis-
tration, shall be deemed a resident for the purposes of this title.

(17) “Operator”. Every person who drives or is in actual physical
control of a motor vehicle upon a highway or who is exercising control
over or steering a vehicle being towed by a motor vehicle.

(18) “Owner”. A person who holds the legal title of a vehicle or,
in the event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee or in the event a
mortgagor of a vehicle is entitled to possession, then such conditional
vendee or lessee or mortgagor shall be deemed the owner for the purpose
of this title, except that in all such instances when the rent paid by the
lessee includes charges for services of any nature or when the lease
does not provide that title shall pass to the lessee upon payment of the
rent stipulated, the lessor shall be regarded as the owner of such vehicle
and the vehicle shall be subject to such requirements of this title as are
applicable to vehicles operated for compensation; provided, however, that
a “truck lessor’ as hereinafter defined shall be regarded as the owner,
and his vehicles shall be subject to such requirements of this title as are
applicable to vehicles of private carriers.

(19) “Peace” or “police” officer. Every officer authorized to direct
or regulate traffic or to make arrests for violations of traffic regulations.

(20) “Person”. Every natural person, firm, partnership, association
or corporation.

(21) “Pneumatic tires’. All tires inflated with compressed air.

(22) “Private road or driveway”. Every way in private ownership
and used for vehicular travel by the owner and those having express or
implied permission from the owner, but not by other persons.

(23) “Reconstructed vehicle’. Every vehicle of a type required to be
registered hereunder materially altered from its original construction by
the removal, addition or substitution of essential parts, new or used.

(24) “Residence district”. The territory contiguous to a highway not
comprising a business district where seventy-five per centum or more of
the total frontage, on * either side of the highway, for a distance of three
hundred feet or more is occupied by dwellings or by dwellings and land or
buildings in use for business purposes.

(25) “Road tractor’. Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any load thereon
independently or any part of the weight of a vehicle or load so drawn.

(26) “Safety Zone”. The area or space Officially set apart within
a roadway for the exclusive use of pedestrians and which is protected or
is so marked or indicated by adequate signs as to be plainly visible at all
times while set apart as a safety zone. ;

(27) “Semitrailer’. Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried by another vehicle.

(28) “Solid rubber tires”. Every tire made of rubber other than a
pneumatic tire.

(29) “Specially constructed vehicles”. Any vehicle which shall not
have been originally constructed under a distinctive name, make, model
or type by a generally recognized manufacturer of vehicles and not a
reconstructed vehicle as herein defined.

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

(31) “Town”. An incorporated town.

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

ereto.

(33) “Trailer”. Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure and for being
drawn by a motor vehicle.

(34) “Vehicle”. Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.

(35) “Operation or use for rent or for hire’, etc. The terms opera-
tion or use for rent or for hire, for the transportation of passengers, or as
a property carrier for compensation, and the term business of transporting
persons or property, wherever used in this title, mean any owner or
operator of any motor vehicle, trailer or semitrailer operating over the
highways of this State who accepts or receives compensation for the
service, directly or indirectly; but such terms shall not be construed to
mean a “truck lessor’ as defined herein.

(36) “Truck lessor’. A person who holds the legal title to any motor
vehicle, trailer or semitrailer which is the subject of a bona fide written
lease for a term of one year or more to another person, provided that:

(a) Neither the lessor nor the lessee is a common carrier by motor
vehicle or restricted common carrier by motor vehicle or contract carrier
by motor vehicle as defined in § 56-273 of the Code; and

(b) The leased motor vehicle, trailer or semitrailer is used exclusively
for the transportation of property of the lessee; and

(c) The lessor is not employed in any capacity by the lessee; and

(d) The operator of the leased motor vehicle is a bona fide employee
of the lessee and is not employed in any capacity by the lessor; and

(e) A true copy of such lease, verified by affidavit of the lessor, is
filed with the Commissioner.