CHAPTER 654

An Act to amend and reenact 8§ 46.1-45 and 46.1-280, as amended, of the
Code of Virginia, relating to exemption of motor vehicles, tractors,
trailers, etc., used for certain purposes, from registration and Ik-
censing; brakes on trailers; exemptions. g

[S 450]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§46.1-45 and 46.1-280, as amended, of the Code of Virginia be
amended and reenacted as follows: ’

§ 46.1-45. (a) No person shall be required to obtain the annual
registration certificate and license plates or to pay the fee prescribed
therefor, pursuant to the provisions of this chapter, for any backhoe
operated on any highway a distance not in excess of ten miles from the
operating base of such backhoe, 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 semitrailer, 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 distance not to exceed ten miles to a storage house or packing plant,
when such use is a seasonal operation.

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
harvesting operations, along a public highway for a distance not to ex-
ceed ten miles to a storage house, packing plant, market, or transporta-
tion 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 the 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 an-
nual registration certificate and license plates and fees therefor shall
not be permitted to use the highways as above provided between sunset
and sunrise unless said vehicle is equipped with headlights, taillights
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
sawmill 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.

The exemptions contained in this section shall also apply to any
motor vehicle, trailer or semitrailer, so as to permit its operation on the
highway between a sawmill or sawmill site and the farm of the owner
of such motor vehicle for a distance not to exceed ten miles for the purpose
of hauling sawdust, shavings, slab wood, and other wood wastes.

The exemptions contained in this section shall also apply to any
motor vehicle, trailer or semitrailer used at mines, so as to permit the
operation thereof on the highway between such mines, or when being
taken to or from a repair shop for repairs; provided, that the exemption
contained in this subsection shall not apply to such motor vehicles when
carrying cargo, and provided further that said exemption shall not apply
to any such motor vehicles travelling a distance of more than ten miles.

(h) The exemptions contained in this section shall also apply to any
trailer or semitrailer drawn by a properly licensed motor vehicle when
used by a farmer, his tenant, agent or employee, or cotton ginner or peanut
buyer in transporting unginned cotton or peanuts owned by such farmer,
cotton ginner or peanut buyer from place to place on the same farm, from
one farm to another, from farm to gin, from farm to dryer, or from farm
to market, when not operated on a for-hire basis.

§ 46.1-280. (a) Every semitrailer or trailer or separate vehicle at-
tached by a drawbar, chain or coupling to a towing vehicle other than a
farm tractor or a vehicle not required to obtain an annual registration
certificate for license plates under § 46.1-45 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. Provided, however, that farm trailers
used exclusively for hauling raw agricultural produce from farm to farm
or farm to packing shed and/or processing plant within the normal growing
area of said packing shed or processing plant and trailers or semitratler
drawn by a properly licensed motor vehicle which are exempt under the
provisions of § 46.1-45(h), shall be exempt from the requirements of this
section.

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

(c) This section shall not apply to any vehicle being towed for
repairs, or in a bona fide emergency.