CHAPTER 641

An Act to amend and reenact §§ 46.1-1 and 46.1-193, as amended, of
the Code of Virginia, relating to definitions and speed limits.

[S 133]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-1 and 46.1-193, as amended, of the Code of Virginia
be amended and reenacted as follows:

§ 46.1-1. Definitions.—The following words and phrases when used
in this title shall, for the purpose of this title have the meanings respec-
tively 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 * property contiguous to
a highway, on either side of the highway, for a distance of three hundred
feet or more along the highway is occupied by land and buildings ac-
tually in use and operation for business purposes.

(2) “Chauffeur”.—Every person employed for the principal pur-
pose 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.

(4a) “Crosswalk”.—(a) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in the absence
of curbs, from the edges of the traversable roadway;

(b) Any portion of a roadway at an intersection or elsewhere dis-
tinctly indicated for pedestrian crossing by lines or other markings on
the surface. ,

(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 iden-
tity 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 fifteen thousand
dollars because of bodily injury to or death of any one person and, subject
to such limit for one person, in the amount of thirty thousand dollars
because of bodily injury to or death of two or more persons in any one
accident, and in the amount of five thousand dollars 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
highway 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 de-
signed 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 boun-
dary 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 thirty 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 thirty
feet or more apart, then every crossing of two roadways of such high-
ways shall be regarded as a separate intersection.

(12) “Manufacturer’.—Every person engaged in the business of
constructing or assembling motor vehicles, trailers or semitrailers at an
established 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 ma-
terial.

(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
contained 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 de-
fined, 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 resi-
dent 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 pos-
session vested in the conditional vendee or lessee or in the event a mort-
gagor of a vehicle is entitled to possession, then such conditional vendee
or lessee or mortgager shall be deemed the owner for the purpose of this
title, except that in all such instances when the rent paid by the lessee
includes charges for services of any nature or when the lease does not
provide that title shall pass to the lessee upon payment of the rent stipu-
lated, the lessor shall be regarded as the owner of such vehicle and
the vehicle shall be subject to such requirements of this title as are ap-
plicable 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, associa-
tion 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 * property contiguous to such highway, on either side of the high-
way, for a distance of three hundred feet or more along the highway is
occupied by dwellings and land improved for dwelling purposes, or by
dwellings, land tmproved for dwelling purposes 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
raha independently or any part of the weight of a vehicle or load so
rawn

(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.

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

ereto.

(383) “Tratler’.—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 trac

(35) “Operation or use for rent or for hire,” etc.—The terms oper-
ation or use for rent or for hire, for the transportation of passengers, or
as a property carrier for compensation, and the term business of trans-
porting persons or property, wherever used in this title, mean any owner
or operator of any motor vehicle, trailer or semitrailer operating over
the highways of this State who accepts or receives compensation for the
service, directly or indirectly; 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 car-
rier by motor vehicle as defined in § 56-273 of the Code; and

(b) The leased motor vehicle, trailer or semitrailer is used exclu-
sively 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.

§ 46.1-193. Maximum and minimum speed limits. —The maximum
and minimum speed limits on highways of this State shall be as herein-
after prescribed:

(1) Maximum limits.

(a) Sixty-five miles per hour on the Interstate System of Highways
or other limited access highways with divided roadways; if the vehicle
is a passenger motor vehicle, passenger bus, United States post-office
bus, pickup or panel truck not exceeding an actual gross weight of five
thousand pounds, or a motorcycle; and fifty-five miles per hour on such
highways if the vehicle is a truck, road tractor, tractor truck, or combina-
tion 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.

(b) Sixty miles per hour on nonlimited access highways having four
or more lanes, * if the vehicle is a passenger motor vehicle, passenger bus,
United States post-office bus, pickup or panel truck not exceeding an
actual gross weight of five thousand pounds, or a motorcycle; and fifty-
five miles per hour on such highways 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, provided that for such highways such speed has been
prescribed by the State Highway Commissioner, or other authority having
jurisdiction over highways; after an engineering and traffic investigation.
On any highway where such speed is prescribed, the speed shall be plainly
indicated upon the highway by signs; and where the speed limit is indi-
cated by posted signs, there shall be a prima facie presumption that such
engineering and traffic investigation was made.

(c) Fifty-five miles per hour on highways not included in (a) or
(b) if the vehicle is a passenger motor vehicle, passenger bus, United
States post-office bus, pickup or panel truck not exceeding an actual gross
weight of five thousand pounds, or a motorcycle; and forty-five miles per
hour on such highways 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

railer.

(d) Thirty-five miles per hour on any highway other than an inter-
state highway, if the vehicle is being used as a school bus carrying chil-
dren, and forty-five miles per hour on interstate highways.

(e) Forty-five miles per hour on any highway if the vehicle or com-
bination of vehicles is operating under a special permit issued by the
State Highway Commission in accordance with §§ 46.1-830 and 46.1-343.
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.

(f) Twenty-five miles per hour between portable signs, tilt-over signs,
or fixed blinking signs placed in or along any highway bearing the word
“school.” Such word shall indicate that school children are present in
the vicinity. Any signs erected under this section shall be placed not
more than three hundred feet from the limits of the school property or
crossing in the vicinity of the school, which is used by children going
to and from the school; provided that such crossings are not more than
five hundred yards from the limits of the school property and the
Department of Highways or the council of the city or town approves
the said crossing for such signs. 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 high-
way 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,
preferably not a classroom teacher, to place such portable signs in the
highway at a point not more than three hundred feet from the limits of
the school property and remove such signs when their presence is no
longer required by this subsection. Such portable signs, tilt-over signs, or
fixed blinking signs shall be placed in a position plainly visible to ve-
hicular traffic approaching from either direction but shall not be placed
so as to obstruct the roadway. Such portable signs, tilt-over signs, or
blinking signals shall be in a position, or be turned on, for thirty minutes
preceding regular school hours and for thirty minutes thereafter and
during such other times as the presence of children on such school prop-
erty or going to and from school reasonably requires a special warning
to motorists. Provided, however, that 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, increase or decrease the speed limit pro-
vided in this subsection only after justification for such increase or de-
crease has been shown by an engineering and traffic investigation, and
provided further that no such increase or decrease in speed limit shall
be effective unless such increased or decreased speed limit is conspicuously
posted upon the portable signs, tilt-over signs, or fixed blinking signs re-
quired by this subsection.

(g) Twenty-five miles per hour on highways in a business or resi-
dential district, except upon interstate or other limited access highways
with divided roadways.

(h) Thirty-five miles per hour on highways in any city or town,
except upon interstate or other limited access highways with divided
roadways and except in business or residence districts.

(i) Notwithstanding the provisions of subdivisions (a), (b) and
(c) of this subsection, the speed limits for passenger motor vehicles
while towing utility, camping or boat trailers not exceeding an actual
gross weight of twenty-five hundred pounds shall be the same as that for
passenger motor vehicles.

(2) Minimum speed limits.

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

(b) Whenever the State Highway Commissioner or local authorities
within their respective jurisdictions determine on the basis of * a traffic
engineering and traffic investigation that slow speeds on any part of
a highway consistently impede the normal and reasonable movement of
traffic, the Commissioner of such local authority may determine and de-
clare a minimum speed limit to be set forth on signs posted on such high-
way below which no person shall drive a vehicle except when necessary
for safe operation or in compliance with law; provided that such min-
imum speed limit shall not apply to a school bus carrying children.

(3) Notwithstanding the foregoing provisions, the State Highway
Commissioner or other authority having jurisdicition over highways may
decrease the speed limits set forth in subsections (1) (a) through (1) (c-1)
of this section and may increase or decrease the speed limits set forth
in subsections (1) (f) through (1) (h) of this section on any highway
under its jurisdiction; and may establish differentiated speed limits for
daytime and nighttime by decreasing for nighttime driving the speed
lamits set forth in subsections (1) (a) through (1) (c) of this section and
by increasing for daytime or decreasing for nighttime the speed limits set
forth in subsection (1) (f) through (1) (h) of this section on any high-
way under its jurisdiction. Such increased or decreased speed limits and
such differentiated speed limits for daytime and nighttime driving shall
be effective only when prescribed after * a traffic engineering and traffic
investigation and when indicated upon the highway by signs; provided,
the increased or decreased speed limits over highways under the control
of the State Highway Commissioner shall be effective only when pre-
scribed in writing by the Highway Commissioner and kept on file in the
Central Office of the Department of Highways.

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