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Abbott's 1910
Automobile Law
For Motorists
ROAD RIGHTS OF
MOTORISTS
Containing the Rules of the' R;oa(f. and
the Automobile Laws of all States
By
TWYMAN O. ABBOTT
NEW YORK
OUTING PUBLISHING COMPANY
MCMX
Copyright, 1910, by
OUTING PUBLISHING COMPANY
All rights reserved
Contents
PREFACE
GENERAL RULES
Chapter Rules
I. General Principles Relating to the Use of
the Highways 1 to 35
n. The Law of the Road 36 to 58
III. General Definitions and Classifications 59 to 71
IV. Registration 72 to 85
V. Chauffeurs and Operators 89 to 110
VL Constitutionality and Effect of Registration
and License Laws Ill to 116
Vn. Non-Residents 117 to 122
Vm. Special Equipment 123 to 130
IX. Speed Rules and Regulations 131 to 148
X. Frightened Animals—Signal of Distress 149 to 170
XI. Garage Keepers 171 to 177
XII. Arrest, Trial, Bail 178 to 180
XTTT. Fees, Fines and Penalties 181 to 182
XTV. Fundamental Principles of Law of Negli¬
gence 183 to 196
MOTOR VEHICLE LAWS
GENERAL INDEX
Preface
All the states except Arkansas, Georgia, Idaho,
Louisiana, Mississippi, Oklahoma, Wyoming,
and the territories of Arizona and New Mexico, have
adopted "Motor Vehicle Laws." In many of the
states these laws have undergone radical changes at
every sitting of the legislature since they .were first
adopted; and while there is great diversity-of detail
between them, there is a growing tendency toward
greater uniformity. During the year just closed
there has been marked advance in this respect.
The decisions of the courts construing these laws
and applying the general laws relating to the use
of the highways, are becoming more numerous from
year to year.
Furthermore, the automobile is essentially an in¬
terstate machine. It may pass from state to state
almost with the facility of a railroad train. Most of
the great centers of population are situated near
state boundaries. Hence the necessity of familiariz¬
ing one's self with the laws of many states instead
of only one.
The diflSculties of ascertaining what the law is,
by those who are most concerned, are very great,
if not insuperable, without the aid of some conven¬
ient work of reference, such as this is intended to
be. There is, perhaps, no class of citizens better
qualified by education and general intelligence to
understand and apply the laws governing their
7
AUTOMOBILE LAW
conduct, than owners and operators of automobiles;
nor any who are more interested in observing such
laws. Even when they are not law-abiding by na¬
ture, their own selfish interests, and personal safety
demand the observance of proper rules and regula¬
tions, which are understood and observed by all.
The General Kules are formulated from the stat¬
utes of the various states, and from the actual de¬
cisions of the courts which have been called upon
to adjudicate these statutes. But it should be remem¬
bered tljat where the statutes differ so greatly the
application or the construction placed upon any
of their provisions may sometimes be limited. It is,
therefore, manifestly impossible to use language
which will exactly cover every case mentioned, in all
the states. The author has, however, endeavored to
discover the general principle involved, strip it
of its verbiage and technical phrasing, and set it
forth as a general rule. Every rule is thus support¬
ed by authority, and may be relied upon as a cor¬
rect rule of conduct—not a mere expression of opin¬
ion.
It is hoped that this work may do something to¬
wards instilling into the mind of the motorist a
proper appreciation not only of his own rights and
privileges, hut of the rights and privileges of other
users of the highways, and thereby tend to reduce
the dangers which must inevitably result from ignor¬
ance and carelessness. The following language,
taken from the decision of one of the most eminent
courts of the country, is commended to the thought¬
ful consideration of every person who has occasion
to go upon the highways:
8
PREFACE
"The law does not denounce motor carriages, as such, on
the public ways. For so long as they are constructed and
propelled in a manner consistent with the use of highways,
and are calculated to subserve the public as a beneficial
means of transportation, with reasonable safety to travelers
by ordinary modes, they have an equal right with other
vehicles in common use, to occupy the streets and roads.
Because novel and unusual in appearance, and for that reason
likely to frighten horses unaccustomed to see them, is no
reason for prohibiting their use. In all human activities the
law keeps up with improvement and progress brought about
by discovery and invention, and, in respect to highways, if
the introduction of a new contrivance for transportation
purposes, conducted with due care, is met with inconvenience
and incidental injury to those using ordinary modes, there
can be no recovery, provided the contrivance is compatible
with the general use and safety of the road. It is therefore,
the adaptation and use, rather than the form or kind of
conveyance, that concerns the courts. It is improper to say
that the driver of the horse has rights in the road superior
to the rights of the automobile. Both have the right to use
the easement, and each is equally restricted in the exercise of
his rights by the corresponding rights of the other. Each is
required to regulate his own use by the observance ef ordi¬
nary care and caution to avoid receiving injury, as well as
inflicting injury upon the other. And in this the quantum of
care required is to be estimated by the exigencies of the
particular situation; that is, by the place, presence, or ab¬
sence, of other vehicles and travelers; whether the horse
driven is wild or gentle; whether the conveyance and power
used are common or new to the road; the known tendency
of any feature to frighten animals, etc. The restriction which
the law imposes upon all modes of travel and traffic on the
highways are such as tend to secure to the general public the
largest enjoyment of the easement and must be observed and
borne by all alike, on the broad ground that all have equal
right to travel in safety; and, when accidents happen as in¬
cidents to reasonable use and reasonable care, the law
awards no redress."
9
General Rules
CHAPTER I.
THE USE OP THE HIGHWAYS.
RULE 1
Primaxy Right to Highway
All classes of persons have a right to go upon,
and to cross and recross the public highways,
freely at all hours of the day or night, and at
any place desired, and cannot be limited or re¬
stricted in the exeereise of this right except where
it is necessary to do so for the general benefit and
safety of the public.
RULE 2
Right to Use Highway Not Exclusive
The right to use the public highway is not ex¬
clusive to any person, or any class of persons; and
whether you are walking or riding a horse, or
operating an automobile, or driving an ordinary
vehicle, it is your duty so to exercise your rights
as not to interfere unduly with the rights of
others.
RULE 3
Public Regulations and Limitations
While the rights and duties of all classes of
travelers upon the highways are equal and recip-
11
AUTOMOBILE LAW
rocal, still, if the general safety, health, benefit,
or convenience of the public demands it, reason¬
able regulations and restrictions may be placed
upon one class, which are not placed upon another
class—provided they apply to all members of the
same class alike.
RULE 4
Mode of Use of Highway Subject to Change
It cannot be assumed that the mode of use of
the highway will be the same from age to age, or
that new means of making the way useful must
be excluded merely because their introduction
may tend to the inconvenience, or even to the in¬
jury, of those who continue to use it in the same
manner as formerly, and, therefore, a highway es¬
tablished for the general benefit of passage and
traffic, must admit of new methods of use when¬
ever it is found that the general benefit requires
them.
RULE 5
Use of Automobiles is for the General Benefit
The use of the automobile on the highway is
for the general benefit of the public, if care is
used, and the exercise of care may be enforced
by proper laws, regulations, and penalties.
RULE 6
Degree of Care Required in Use of Automobiles
While automobiles are a lawful means of con¬
veyance, and have equal rights on the public roads
with horses and carriages, their use should be
12
GENERAL RULES
accompanied with that degree of prudence and
consideration for the rights of others, which is
consistent with safety.
RULE 7
Restrictions upon the Use of Automobiles Must be
Observed
While operators of automobiles have the same
general right to use the highways that others have,
they must use them within the restrictions and
limitations imposed by the laws, and the regula¬
tions of the proper authorities.
RULE 8
L^slature May Delegate Power to Regulate
The right of the legislature, acting within the
general police power, to prescribe that an automo¬
bile shall not pass over certain streets or public
ways in a city or town is well established; and if
in the judgment of the legislature better results
can be obtained from regulation by the munici¬
pality itself, the power to do so may be delegated
by the municipal authorities.
RULE 9
Right to Levy a Special Tax
The municipality cannot levy a special tax upon
automobiles for the purpose of limiting or re¬
straining their vme upon, or as a privilege for us¬
ing the Highway, where the general law prohibits
"local regulations."
13
AUTOMOBILE LAW
RULE 10
Exemption from Taxation
In some states your machine is exempt from
taxation.
RULE 11
Not Exempt from Sale Under Execution
An automobile is not exempt from levy and sale
under an execution unless the statute so provides
in specific terms.
RULE 12
No Obligations to Keep Highway in Better Repair
for Automobiles
There is no obligation upon the public to keep
the highway in better, or different, repair for the
use of automobiles than for any other kind of ve¬
hicle. If the highways are reasonably safe and
convenient for travel generally, this is sufficient.
RULE 13
Steamboat May Refuse Transportation of Automo¬
bile.
The federal statutes give the owner, master,
agent or other person having charge of passenger
steam vessels, the right to refuse to transport an
automobile, the tanks of which contain gasoline,
naphtha, or other dangerous burning-fluids.
RULE 14
Transportation of Automobiles by Steamer
Notwithstanding the fact that gasoline is a pro¬
hibited article of "freight" when carried in an
14
GENERAL RULES
automobile tank, it is permitted to be so carried
when used for motive power, but only when all
fire about the machine is extinguished just as soon
as it has entered the vessel; and the fire must not
be relighted until just before leaving the vessel,
—the intention being to allow the machine merely
to enter and leave the vessel under its own power.
RULE 15
Use of Natural Senses Required
An operator of an automobile, like all other
users of the highway, is required to make use of
all his natural senses for the prevention of acci¬
dent.
RULE 16
Automobile is Not "Dangerous Instrumentality."
While an automobile is not generally regarded
as in itself a "dangerous instrumentality"—like
an explosive — it is attended with dangers not
common to ordinary vehicles used for pleasure or
business and the owner is held responsible for the
manner in which it is used by himself or by any¬
one else with his consent.
RULE 17
Elements of Danger to be Considered
The degree of care required in operating an
automobile on the highway will depend upon its
size, appearance, manner of movement, the amount
of noise it makes, the nature of power used, the
speed, the capacity for speed, and in fact any-
15
AUTOMOBILE LAW
thing which makes it unusually or peculiarly dan¬
gerous.
RULE 18
Presence of Others to be Anticipated
The driver of any vehicle on the highway is
bound to know that others have an equal right
to use it, with himself, and must exercise reason¬
able care' to anticipate their presence.
RULE 19
Presumption as to Other Users
A traveler upon the highway has the right to
assume that others using it will exercise reason¬
able care, but this does not relieve him of the duty
to exercise reasonable care himself.
RULE 20
Duty to Keep a Lookout
It is a general rule applicable to the use of all
highways, that every user thereof is bound to look
where he is going, and is negligent if he does not.
It is your duty, therefore, while operating an auto¬
mobile on the highway, and especially while pass¬
ing along a thoroughfare, where numerous other
persons are likely to make use of it, to keep a
sharp lookout ahead, and to be constantly on your
guard to avoid accidents. Pedestrians and others
are not bound to look constantly and listen for
the approach of automobiles, but only to use rea¬
sonable precaution to inform themselves,
16
GENERAL RULES
RULE 21
Extent of Duty to Keep Lookout Backward
You are not required to keep a lookout back¬
ward to ascertain whether other users of the high¬
way are approaching from the rear; but you are
guilty of inexcusable negligence, if you back your
machine without looking behind for the safety of
others.
RULE 22
Common Sense and Fairness Should Actuate Con¬
duct
Whether you are an owner of an automobile or
merely an operator thereof, you should not think
of circumscribing your conduct within the strict
limitations fixed by the statutes, when by the exer¬
cise of ordinary judgment or fairness, the rights of
other users of the highway will be respected; and,
thereby, your own rights best protected and sub¬
served.
RULE 23
Duty of Operators when Pedestrian is in Danger of
being "Wedged"
Where you see another automobile approaching
you from the opposite direction, and a pedestrian
on the highway in such a position that his safety
is in danger from his being "wedged," it is your
duty to bring your machine to a stop, until the
danger is past.
RULE 24
Duty of Operator When Pedestrian is Confused
When you are approaching a pedestrian who
appears to be alarmed by your approach and is
17
AUTOMOBILE LAW
confused in his efforts to avoid a collision, you are
not justified in continuing your course, at the
hazard of colliding with him, even though you
zigzag hack and forth in an effort to avoid the
danger. You should bring your machine to a stop
until he has had time to recover his senses and
move out of danger.
RULE 25
Person Using Highway Assumed to Have Hearing
and Sight
You have the right to assume that any person
using the highway is in full possession of the
senses of hearing and sight; and you may proceed
upon that theory, exercising only such care and
caution as is generally required, hut when you dis¬
cover your error you are bound to do what you
can to avoid an accident, and having done so you
cannot be held responsible for results.
RULE 26
Helpless and Afflicted Persons Must Use Great Care
A higher degree of caution is required of a
person who is deaf, blind, infirm, or helpless, when
he goes upon the highway, than of a person in the
full possession of his strength and senses.
RULE 27
Duty of Operator when Approaching Person
When you approach a person standing on the
highway and give due warning, but he pays no
heed thereto, you are not bound to infer that he
is deaf, blind, or otherwise afflicted, merely be-
18
GENERAL RULES
cause he does not act as a person in full posses¬
sion of his strength and senses probably would act.
RULE 28
Insane Person is Unaccountable
An insane person cannot he held to accountabil¬
ity for his acts upon the highway.
RULE 29
Any style of Dress is Permissable
A woman is entitled to wear such style of dress
as she pleases, or as the fashions demand, and she
is not guilty of negligence merely because she
might have been able to act with greater facility
in protecting herself from injury if she had worn
some other style.
RULE 30
Rights of Intoxicated Persons
An intoxicated person while conducting himself
in an orderly manner has a right to be upon the
highway. Intoxication does not, of itself, serve as
a bar to recover for an injury, unless it appears
that the injury would not have resulted if the
person had not been intoxicated.
RULE 31
Rights of Children upon the Highway
Children have a right to go upon the highway,
like older persons, but in so doing they are re¬
quired to use all the care possible, considering
their age, intelligence and discretion.
19
AUTOMOBILE LAW
RULE 32
Extent of Caution Demanded of Children
A child will not be held to as high degree of
caution as an adult person, but it will be held to
all the caution of which it may be capable.- It is
required to exercise only such care as other child¬
ren of the same age are accustomed to exercise,
unless it can be shown that it is possessed of un¬
usual intelligence and discretion.
RULE 33
Young Children Cannot be Negligent
Infants and very young children are presumed
to be without any discretion at all, and as to such
the law does not consider any negligence possi¬
ble.
RULE 34
Duty of Operator Towards Children
A much higher degree of care is required on
your part towards children using the highway
than towards adult persons on account of their
lack of experience and judgment.
RULE 35
Duty of Operator When Approaching Children at
Play
Children are accustomed to darting or running
about when absorbed in play; when, therefore,
you are approaching a place where a number of
children are congregated, you are bound to know
that they may not exercise reasonable, or any,
care for their safety, and you must take unusual
precaution to prevent an accident.
20
GENERAL RULES
CHAPTER n.
THE LAW OP THE ROAD
RULE 36
Underlying Principle and Definition
When you are driving a vehicle on the high¬
way, you have a right to travel on any part of it
which suits your convenience, until you meet or
overtake, or are met or overtaken by, another
person driving a vehicle, in which event it will
be your duty to yield a portion of the highway
to the other person, according to certain rules
established by law and custom, which are known
as the "Law of the Road."
RULE 37
Law of the Road not Applicable to Pedestrians
In the United States the "law of the road" ices
not apply to pedestrians, nor to persons on horse¬
back, but only to vehicles. The rule in England
is the same in this respect as in the United States
except that in England persons on horseback
come within the rule.
RuJjE 38
Rule when Traveling in Opposite Directions
In the United States vehicles moving in oppo¬
site directions on the highway, are required "to
seasonably turn to the right of the center of the
road, so that they may pass each other without
interference." Where the highway is only par¬
tially improved, or during seasons of snow, turn-
21
AUTOMOBILE LAW
ing to the right of the center of the "beaten
track|J' is enough. In England and Canada
vehicles are required to turn* to the left.
RULE 39
General Statutory Rule when Traveling in Same
Direction
In many of the states it is provided by statute
that when a traveler attempts to pass another go¬
ing in the same direction, the forward traveler
must turn to the left. This rule is not generally
recognized by the courts without statutory author¬
ity, but it is being gradually adopted by common
consent. The statutes of some of the states pro¬
vide that the forward vehicle may "turn either
to the right or the left."
RULE 40
Common Law Rule when Traveling in Same Direc-
tion
The common law rule in the United States
where the vehicles are traveling in the same direc¬
tion, does not require the forward vehicle to turn
to one side or the other, if there is sufficient room
for the rear vehicle to pass, without so doing; but
if there is not sufficient room, and the traveler in
the rear requests it, the leading vehicle must turn
aside as soon as it is practicable to do so. In Eng¬
land the leading vehicle is required to bear to the
left and allow the rear vehicle to pass on the "off¬
side."
22
GENERAL RULES
RULE 41
General Rule in Intersections
The general rule is that the "law of the road"
applies only to persons traveling on the same high¬
way, and does not apply at road crossings or in¬
tersecting points. In such cases it is the duty of
all travelers to see to it that they do not unneces¬
sarily obstruct, or interfere with, the passage of
those who wish to cross in an opposite direction,
and they are left to their own judgment and dis¬
cretion. Generally speaking, the one who arrives
first at a crossing has a right to cross first, if he
can do so by traveling at a reasonable rate of
speed and without unduly interfering with other
users of the highway.
RULE 42
Statutory Rule at Intersections or "Crossings"
In some states by general laws, and in others
by local municipal regulation, it is provided that
vehicles meeting at intersections "shall keep to
the right of the intersection of the center of such
highways when turning to the right, and pass to
the right of such intersections when turning to
the left." In the District of Columbia vehicles
moving east and west are given the right of way
at intersections over vehicles moving in opposite
directions.
RULE 43
When Turn May be Made to Left
A traveler may turn to the left for the purpose
of stopping on that side, or in order to avoid ob-
23
AUTOMOBILE LAW
structions; but in such ease he should give timely
warning of his intention to do so.
RULE 44
Rule When Vehicle Is Occupying Right Side
Where a vehicle is already occupying the right
side, the turn may be made to the left, as the law
of the road is intended to apply only to passing
vehicles.
RULE 45
Condition of the Highway no Excuse
It is not an excuse for failure to turn to the
right, that the road is rough, or not in good repair,
on that side, unless its condition is such as to make
it dangerous, in which case the person having the
first occupancy of the highway, is entitled to keep
it until a passage can safely be permitted.
RULE 46
What Constitutes a Sufficient Turning
You are not required to go to the extreme right
side of the road or of the traveled part thereof,
in turning out, but you are bound to go far
enough to the right to give the opposite vehicle
sufficient room to pass in safety.
RULE 47
Traveling on One Side
It is some times provided by statutes, or munici¬
pal regulation, that vehicles shall travel only on
one side or the other of the highway—as on
crowded thoroughfares—and such regulations
may be enforced, if reasonable.
U
general rules
RULE 48
Traveling at ^ight
You should exercise greater care in traveling
at night than in the day time; and while the law
does not make it your imperative duty always to
keep on the right side of the road after dark,
still it does impose a higher degree of care upon
you if you do not keep to the right.
RULE 49
Responsibility for Passing from Behind
A traveler who attempts to pass another who is
proceeding ahead of him on the highway, is solely
responsible for the consequence, as the foremost
traveler has a right to retain possession of enough
of the highway for his safe progress, and the hind¬
most person, being the later user, must await an
opportunity to pass safely.
RULE 50
Recklessness Not Tolerated
The law of the road does not tolerate any in¬
considerate and reckless disregard of the rights of
other travelers on the highway.
RULE 51
Recklessness Defined
You are driving your machine "recklessly" or
"unlawfully," within the legal meaning of these
words, where you show any disregard of, or inat¬
tention to, the duty imposed upon you to obey the
laws regulating the use of such vehicles on the
highways.
25
AUTOMOBILE LAW
RULE 52
Presumption Conceming Law of the ^oad
The presumption is against the party driving
on the wrong side of the road, and one who vio¬
lates the law in this respect assumes the risk.
RULE 53
Duty to Warn, or Give Notice, of Approach
A traveler who approaches another from be¬
hind, and is desirous of passing, is required to
give notice, or warning, by signaling or otherwise,
so as to acquaint the preceding traveler fully with
his desire.
RXTLE 54
Crowding, or Encroaching Upon Slower Vehicle
If you are driving a fast motor vehicle and you
recklessly encroach upon a slower one ahead of
you, by crowding, or by frightening the operator
into yielding the highway, you are guilty of a
breach of the law of the road, an invasion of the
other's rights, and will be liable for the injurious
consequences which may result from your act.
RULE 55
Signals Recognized by Custom
While, perhaps, you are not bound as a matter
of law to make use of signals recognized by cus¬
tom between drivers of vehicles upon crowded
thoroughfares—such as a signal to those in the
rear that you desire to stop—still your doing
so or failing to do so will be an important factor in
determining whether you exercised proper care.
26
GENERAL RULES
RULE 56
Duty when Passing Standing Street Car
When'you are operating an automobile and you
see a street car standing still at a customary
stopping point on the street, it is your duty to
know that persons have a right to pass and repass
to and from the car and the sidewalk, and you
must exercise care to avoid an accident.
RULE 57
Duty of Persons Boarding Street Car
A person going into the highway to board a
street car is bound to observe where he is going
and to take reasonable care to protect himself
from passing vehicles. If he sees an automobile
approaching, or hears its warning signal, and fails
to make any attempt to avoid an accident, he is
guilty of contributory negligence.
RULE 58
Penalty for Violating Law of Road
Violating the "law of the road" is generally
made a misdemeanor, punishable by fine, and in
addition thereto it is generally provided that
where any injury is caused to the person or prop¬
erty of another, as the result of a collision due to
negligence in conforming to these rules, the per¬
son causing the injury is liable for the damages, at
the suit of the party injured.
27
AUTOMOBILE LAW
CHAPTER m.
GENERAL DEFINITIONS AND CLASSIFICA¬
TIONS.
RULE 59
"Motor Vehicle" Defined
The term "motor vehicle" is defined by the
statutes of most of the states as a vehicle pro¬
pelled by any power other than muscular except
such vehicles as run only upon rails or tracks;
and, in some cases, bicycles, motor cycles, road
rollers, street sprinklers, fire engines, police pa¬
trol wagons, ambulances, etc., are also excepted.
RULE 60
Classification of "Motor Vehicles"
Motor vehicles are usually divided into three
general classes: (1) those electrically driven;
(2) those propelled by steam power, and (3) those
propelled by gasoline-explosive type engines. In
several states the classification depends upon the
horsepower—as in New Jersey, the first class, ten
horsepower; second class, eleven to twenty-nine
horsepower; third class, thirty horsepower or
more.
RULE 61
"Motor Cycle," Not a "Motor Vehicle"
A "motor cycle" is not included within the
meaning of the term "motor vehicle," unless the
statute so provides.
28
GENERAL RULES
RULE 62
"Automobiles" Defined
The term "automobile" is the popular term for
all classes of "motor vehicles." The statutes do
not often attempt to define the terms separately,
but use them interchangeably,
RULE 63
When Automobile is a "Carriage"
The authorities are not uniform as to whether
an automobile is a "carriage." In some states the
statutes specifically include it in the term and
make it subject to the regulations of the highway
laws the same as other carriages. Where a strip
of land and was set aside as a private right of way
for the use. of "carriages," an automobile was
held to come within the meaning of the word. It
is a "carriage of burden or pleasure," within the
the meaning of these words as used in the charter
of a turnpike or tollroad company, and it is en¬
titled to pass through the gates on the same terms
and conditions as other vehicles of its class.
RULE 64
When Automobile is not a "Carriage"
An automobile has been held not to be a "car¬
riage" within the meaning of a statute providing
that the highways of the state must be kept in
repair so as to be "reasonably safe and convenient
for travelers, with their horses, teams and car¬
riages, at all seasons of the year." While it is
sometimes spoken of as a "carriage" the term is
29
AUTOMOBILE LAW
used more in the sense that a railway car is called
a "carriage." It is properly a "machine."
RULE 65
"Public Highways" Defined
The term "public highway" is generally de¬
fined as any highway, county road, state road,
public street, avenue, alley, park, parkway, drive¬
way, public place in any county, township, city
or town; though in some states parks and park¬
ways are, for certain purposes, excepted from the
general definition.
RULE 66
"Closely Built Up," etc., Defined
The term "closely built up," of "thickly set¬
tled," or "business portion," when applied to por¬
tions of the highways, is generally defined to mean
such portions thereof as are built up with struc¬
tures devoted to business, or where the dwelling
houses for a fixed distance—usually about a quar¬
ter of a mile—average about one hundred feet
apart. All the rest is "open country."
RULE 67
"Local Authorities" Defined
The term "local authorities" includes allboards,
trustees, councils, committees, and public officials,
of any incorporated county, city, town, township,
village or other municipality; and sometimes of
road districts.
30
GENERAL RULES
RULE 68
Automobile Classed with "Household Effects"
Formerly an automobile came under the defini¬
tion of "household effects," within the meaning
of the tariff acts. But now it is classified separ¬
ately and the former rule no longer applies.
RULE 69
Status of Rubber Tires Under Customs Acts
Automobile tires are considered as separate arti¬
cles of commerce under the tariff acts, and, when
imported separately or unattached to an automo¬
bile, duty is payable thereon as separate entities.
RULE 70
Fire "Originating within the Vehicle"
A policy of insurance against fire, which ex¬
cepts a fire "originating within the vehicle," will
relieve the company of all liability for any fire
which was not communicated from an entirely in¬
dependent and extrinsic source. If it originated,
directly or indirectly, from the machine itself or
any of its parts, it comes within the exemption.
RULE 71
Gasoline Carried in Automobile Tank is "Freight"
Gasoline carried in a tank which forms a part
of an automobile, is "freight," within the mean¬
ing of a federal statute which prohibits the trans¬
portation of petroleum products, or other like ex¬
plosive fluids, on passenger steamers.
31
AUTOMOBILE LAW
CHAPTER IV.
REGISTRATION
RULE 72
Registration by Owner
If you are an owner of an automobile, you are,
in nearly all of the states, required to register it
with the Secretary of State. In several, the State
Highway Department possesses entire jurisdiction
over the matter. Registration is accomplished
by means of an application made upon blanks fur¬
nished by the official to whom the application is
addressed, in which you are required to state
your name, residence, postoffice address, and a
brief description of your machine—including the
name of the maker, the maker's number, the
character of the motive power, the rated horse¬
power, and any other information which will
serve fully to identify it.
RULE 73
Certificate of Registration
Upon receipt of your application the Secretary
of State will assign your automobile some distin¬
guishing mark—usually a number—and issue you
a certificate of registration, which will recite your
name and address and such facts of identification
of the machine as may be necessary.
RULE 74
Time Within Which to Register
A reasonable time—usually about ten days—is
generally given, after you have become the owner
32
GENERAL RULES
of an automobile, within which to apply for its
registration.
RULE 75
Record of Registration
The Secretary of State or other registration offi¬
cial is required to keep a record of registrations,
which is open to public inspection at all times.
RULE 76
Registration Not Transferable
You cannot transfer your certificate of registra¬
tion. If you sell your machine, your certificate
usually expires. The purchaser is required to re¬
register, but he is usually permitted to have the
same number, or mark, which you held if he so
desires.
RULE 77
Re-issue of Lost Certificate
If you should lose your certificate, or license, or
it should be destroyed, you can obtain a duplicate
thereof, by applying to the official who issued it.
RULE 78
How Long Registration Effective
Registration is- usually effective for a period of
one year from the date of issuance of the certifi¬
cate ; but in some states all certificates terminate
and become void at the same time regardless of
the date of registration—though in some states
it is lawful for you to operate under your regis¬
tration certificate for a brief period after its ex¬
piration.
33
AUTOMOBILE LAW
RULE 79
Registration by Manufacturer or Dealer
If you are a manufacturer or dealer in automo¬
biles, you are not required to register each one,
but the Secretary or other official is authorized to
assign to you a general distinguishing number or
mark, and all the machines owned or controlled by
you, will, until sold or let for hire, be regarded as
registered under, and designated by it. In some
states you are allowed to use the registration
mark only upon a limited number of your ma¬
chines.
RULE 80
When Number May be Transferred
It is sometimes provided that when a manufac¬
turer, or dealer, has sold the machine which was
originally registered by him, he may register any
other machine owned by him, of the same class,
and have the original registration number assign¬
ed thereto—at any time within the life of the
original registration.
RULE 81
Plates or Markers
When your automobile has been registered you
will be furnished with certain plates or markers
which will show thereon your registered number,
and the initial letter or letters, of the state of your
registration. The size and character of these
letters vary in the different states, but are usu¬
ally about four inches high and each stroke about
one-half inch wide.
34
GENERAL RULES
RULE 82
Manner of Display of Plates or Markers
At all times while your automobile is being
used or operated upon the highway, you are re¬
quired to display your registration plate or mark¬
er in some conspicuous place on your machine,
where it will be entirely unobscured from public
view. Sometimes it is required to be displayed
both upon the front and rear of the machine, and
to be so affixed that it will not swing and will be
lighted up at night.
RULE 83
Display of Markers Limited
For the purpose of avoiding confusion you are
not permitted to carry or display upon the front
or rear of your machine more than a limited num¬
ber of markers, usually two.
RULE 84
Fictitious Markers Prohibited
The use or display, on your machine, of any fic¬
titious number or mark, or the number or mark be¬
longing to another person is expressly prohibited,
under various penalties.
RULE 85
Display of Registration Certificate
Your registration certificate is required to be
carried with you and appropriately displayed
somewhere about your machine, where it will be
subject to inspection, by the proper authorities,
at all times.
35
AUTOMOBILE LAW
CHAPTER V.
CHAUFFEURS AND OPERATORS.
RULE 86
'' Chauffeur"- Defined
A "chauffeur" is defined by the statutes of most
of the states, as '' any person who operates a motor
vehicle, as mechanic, employe, or for hire,"
RULE 87
"Operator" and "Driver" Defined
The term "operator" or "driver" means any
person who may have charge or control of the ope¬
ration and management of the machine upon the
highway. It includes "chauffeurs" as well as
owners who operate their machines,
RULE 88
Classification of Operators
In some states operators are divided into classes,
based upon the horsepower of the car which they
may be licensed to operate.
RULE 89
Necessity for Operator's License
Registration of your machine as owner does not
always give you the right to operate it. In some
states if you wish to operate it, you must secure
an "operator's" license. But a distinction is usu¬
ally made between a "private" operator, or one
who wishes to operate the machine without hire,
and a public operator, or "chauffeur"' A further
distinction is sometimes made, in this, that a "pri-
36
GENERAL RULES
vate" operator's license remains in force indefi¬
nitely until suspended or revoked, while a '' chauf¬
feur's" license is issued for a limited period. An
unlicensed person is sometimes permitted to ope¬
rate a machine when riding with a licensed ope¬
rator.
RX7LE 90
How Long License to Operate Effective
Licenses to operate are usually effective for one
year from date of issuance, but like certificates of
registration, they are generally all made to ex¬
pire on the same date regardless of the date of
issue.
RXTLE 91
Limitation of License
The license does not permit you to operate any
other machine than the one described therein, ex¬
cept another of the same class. Where horse¬
power is made the basis of registration a license
entitles the operator to operate any registered ma¬
chine of the same horsepower as the class in which
he is registered, but not one of a different class un¬
less it belongs to a class based upon a lower
horsepower.
RULE 92
Certain Persons Cannot Obtain Licenses
Licenses to operate automobiles upon the high¬
way will not usually be issued tp young and inex¬
perienced persons. Persons under eighteen years
of age usually come within the prohibited class.
37
AUTOMOBILE LAW
RULE 93
How License Obtained
Licenses to operate are obtained in much the
same manner as certificates of registration—by
application to the Secretary of State, or other
proper official, giving your name, place of resi¬
dence, postoffice address, the style and motive
power of the machine you are competent to ope¬
rate, etc.
RULE 94
Examination and Test
In some states an applicant for a license to ope¬
rate an automobile is required to pass a satisfac¬
tory examination as to his competency, which will
include a test of his knowledge of such parts of
the mechanism of his automobile as will insure its
safe operation upon the highway. The examina¬
tion may sometimes extend to an actual road test.
RULE 95
Registration Badge of Chauffeur and Display
If you are a licensed chauffeur, as evidence of
your authority to act in that capacity the official
issuing the license will provide you with a badge
upon which your registration number-is affixed,
and which you are required to wear in a conspicu¬
ous place upon your clothing, at all times while
you are operating an automobile upon the high¬
way.
38
GENERAL RULES
RULE 96
Display of License
If you have an operator's license you are re¬
quired to carry it with you at all times when ope¬
rating your machine, and to submit it for the in¬
spection of any proper officer upon demand.
RULE 97
A Chauffeur's Badge Not Transferable
If you wear the registration badge of another
licensed chauffeur, or permit another to wear
yours, you lay yourself liable to severe penalties.
RULE 98
Fictitious Badge Prohibited
You are expressly prohibited from wearing a
fictitious or pretended chauffeur's badge.
RULE 99
License May be Suspended
Your operator's license may be suspended, or
revoked, for any failure to comply with the laws,
or for such a disregard of your rights and duties,
as shows you to be an unfit, or unsafe, person to
have control of an automobile upon the highways.
The revocation is sometimes authorized to be made
by the official who issued it, upon a proper show¬
ing, but more often it is the result of a conviction
of a violation of the "Motor Vehicle Law"—
especially with regard to speed, or carelessness
in approaching or passing other users of the high¬
way, or for intoxication and similar offenses—and
39
AUTOMOBILE LAW
it is adjudged as a part of the penalty for the
breach.
RULE 100
Relation of Master and Servant between Employer
and Chauffenr
The relation of master and servant exists be¬
tween the chauffeur and his employer, and the
rules of law applicable to that relation apply.
Therefore the acts of the chauffeur, while acting
within the authority of his employment, are the
acts of a servant.
RULE 101
Chauffeur's Authority to Order Repairs
A chauffeur has no authority, express or im¬
plied, to cause repairs to be made on the credit of
his employer, except such as are necessary to
enable him to continue his journey.
RULE 102
Taking or Giving Bonuses, etc., for Suppli.es or Re¬
pairs
In some states a chauffeur or any other person
having the care of an automobile for the owner,
is strictly prohibited, under severe penalties, from
taking or receiving, directly or indirectly, any
bonus, discount, or other consideration for the
purchase of supplies, or parts, or for work or labor
performed thereon, by others. And likewise any
person who gives, or offers to give, any such
chauffeur, or other person, a bonus, discount or
other consideration, in such case, is liable to severe
penalties therefor.
40
GENERAL RULES
RULE 103
Operator Must be Engaged on Employer's Business
The mere fact that the person in charge of the
automobile, while on the highway, was an employe
of its owner, does not of itself render the employer
liable for an accident which occurs unless the
employe was actually engaged upon the employ¬
er's business at the time.
RULE 104
Owner's Consent to Use Required
The operating of an automobile without the con¬
sent of the owner is sometimes prohibited by
statute.
RULE 105
Unauthorized Use of Machine Will Not Bind Owner
An injury occasioned by an automobile which
is being operated by the chaulfeur, without thp
permission of the owner, will not impose any lia¬
bility upon the owner.
RULE 106
Borrowed Automobile
An injury occasioned by an automobile which
is being operated by one who has borrowed it, will
not impose any liability upon the owner, if it was
not being used for his business or benefit, at the
time.
RULE 107
Liability of Parent
The owner of an automobile is not liable for
injuries resulting from the negligent operation
41
AUTOMOBILE LAW
of his machine merely because the operator, at
the time of the accident, was his son or daughter.
The relation of parent and child does not of itself
make the child the servant of the parent. The
test will be: Was the child engaged in the parent's
business, or acting under the instructions or at
the request of the parent, at the time of the acci¬
dent?
RULE 108
Chauffeur's Duties Like Those of a Motorman
A chauffeur will be held to the same degree of
care, in respect to pedestrians and other vehicles,
as is a motorman in charge of a street car, on the
public highway.
RULE 109
Machine Unattended on Highway
In most of the states the statutes are content
to prohibit the unauthorized tampering with a ma¬
chine left unattended upon the highway, under
severe penalties; but in some of them you are re¬
quired to carry with you a lock, or key, or some
other device to prevent your car being set in
motion, and you are expressly prohibited from
leaving it unattended without first locking it or
making it fast.
RULE 110
General Duty When Leaving Machine Unattended
Where the statute does- not require it, it is not
necessary for you, when you leave your machine
standing on the highway unattended, to chain it,
42
GENERAL RULES
or fasten it, so that it is impossible for it to be
started by an unauthorized person; but it is your
duty to shut off the power and take every rea¬
sonable precaution to prevent its being tampered
with, or started up, during your absence. If it
is started up maliciously by another person, the
liability, if there is any, is upon the person who
started it.
CHAPTER VI.
CONSTITUTIONALITY AND EFFECT OF REG¬
ISTRATION AND LICENSE LAWS.
RULE 111
Constitutianality of Registration and License Laws
Laws imposing the necessity of registration and
licensing of automobiles, and the operators there¬
of, are not unconstitutional, as class legislation.
RULE 112
Automobile May be Completely Excluded
Automobiles may be so regulated as to exclude
them completely from the highways, if the au¬
thorities deem it necessary for the public safety.
RULE 113
Unregfistered Machine and Unlicensed Operators
May be Excluded from Highways
Where the law provides that no person shall
be permitted to operate an automobile on the high¬
ways unless licensed, and unless the automobile is
43
AUTOMOBILE LAW
registered, one who operates it without a license
and registration, is not entitled to be upon the
highway at all.
RULE 114
Public Owes No Duty to Unregistered Owner
One who operates an automobile on the high¬
way, without registration and license, when this
is required by law, is not a "traveler" in the legal
sense, and the public owes him no duty whatso¬
ever, except to protect him from wanton or gross
negligence. He is using the highway for an un¬
lawful purpose, and is regarded as an outlaw. If,
for example, he is injured through an accident to
his machine which was caused by defects in the
highway, or is run down by another user of the
highway, he has no remedy.
RULE 115
Laws Regulating the Hours for Automobiles on
Highways
A regulation prohibiting automobiles from
being upon the highway at certain fixed hours—as
between sunset and sunrise—is not unreasonable
nor unconstitutional; but in some states it is spec¬
ifically enacted that regulations of this character,
in order to be valid, must apply to all vehicles
alike, and not exclusively to automobiles.
RULE 116
Extent of Registration and License
The registration of, and license to operate, an
automobile does not extend any privilege or pro-
44
GENERAL RULES
tection beyond the limits of the jurisdiction of the
state, county, municipality, or official issuing it.
Any attempt to extend it hy including territory
outside the jurisdiction is void as to such outside
territory, though it may he effective within the
limits of the jurisdiction.
CHAPTER VII.
NON-RESIDENTS.
RULE 117
Non-Resident Owners
If you have complied with the registration laws
of the state or country where you reside, you are
—in most of the states^permitted to use the high¬
ways of the state where you may he sojourning
temporarily without being required to register
your machine under its laws; provided you dis¬
play the identification marks of the state or coun¬
try where you are registered, and strictly observe
the laws of the state where you are traveling, as to
speed, lights, and generally relating to the use of
the highways. This is a privilege merely. It ex¬
ists only hy special enactment and is not universal.
In some states it is not recognized at all; in others
the privilege is limited to a brief period—as ten or
twenty days—and in still others it is extended on¬
ly to residents of such states and foreign countries
as extend like privileges to residents of other
states.
45
AUTOMOBILE LAW
BULE 118
Method of Computing Time
Where the statute fixes a time limit for your
stay as a citizen of another state without a li¬
cense, the time is computed from the day you
enter the state until the day you depart; and tem¬
porary absence with the intention of returning
will not be considered as extending your privi¬
lege.
BULE 119
When Privilege is Denied or Suspended
The privilege extended to you as a non-resident
is suspended at once if you are convicted of vio¬
lating any of the provisions of the automobile
laws of the state where you are traveling—par¬
ticularly as to speed, lights, and markers. In
that event you may be excluded from the high¬
ways entirely, or required at once to register your
machine and comply with all provisions of the
local laws in the same manner as residents.
BULE 120
Non-Besident Chauffeurs
The privileges extended to non-residents are en¬
tirely withheld, in some states, from chauffeurs—
as, for example, in IMassachusetts, where they are
specifically prohibited from operating an auto¬
mobile, even temporarily.
BULE 121
Special License to Non-Besidents for Carrying Pass¬
engers
In New Jersey a special license may be granted
to enable persons or corporations regularly to
46
GENERAL RULES
carry passengers by automobile, for hire, from an
adjoining state, for a limited distance, when the
machines used for the purpose are properly reg¬
istered in the adjoining state.
RULE 122
Non-Residents to Appoint Attorney-in-Fact, for
Service of Process
If you are a non-resident owner of an automobile
registered in the state of New Jersey, you are re¬
quired to file a properly executed instrument con¬
stituting the Secretary of State your attorney-in-
fact, for the purpose of being served with all orig¬
inal process in any action or proceeding against
you, growing out of the operation of your automo¬
bile within that state; and you must agree that
the service upon the Secretary of all such process
will be of the same force and effect as if served
upon you within that state. The service may be
male by leaving a copy of the process in the office
of the Secretary, with the necessary fee. The Com¬
missioner of Motor Vehicles will notify you of
such service, by letter sent to the address given in
your application for registration. This rule has
been upheld as being constitutional.
CHAPTER Vin.
SPECIAL EQUIPMENT.
RULE 123
General Rule
The statutes do not undertake to regulate the
nature of the mechanical equipment of your auto-
47
AUTOMOBILE LAW
mobile, except in so far as may be necessary to
the safety and comfort of the public.
RULE 124
Warning and Signaling Devices
You are required to carry upon your machine a
suitable bell, horn, or other sufficient device, for
signaling and giving warning of your presence.
RULE 125
Chains on Tires
In several of the states, you are prohibited from
operating your machine upon gravel, macadam, or
other made roads—except upon natural earth, as¬
phalt, cobble, Belgium' block, or vitrified brick
pavements—while your tires are fitted with chains.
Where the roads are covered with snow or ice, this
prohibition does not apply.
RULE 126
Mufflers and Smoke Devices
In many states you are required to equip your
machine with mufflers for the prevention of ex¬
cessive noise, and with all proper devices to pre¬
vent annoyance from smoke, and escaping gas or
steam. If your machine is unnecessarily noisy, or
if by adopting proper appliances the danger from
this source would be eliminated, or materially
reduced, failure to suppress the noise will render
you liable for such injuries as may result there¬
from.
48
GENERAL RULES
RULE 127
Lampg
The statutes generally provide that you shall
carry a sufficient number of lamps, so that, during
a stated period—^usually from one hour before sun¬
set until one hour before sunrise—^you will be able
to display one or more white lights on the forward
part of your machine, so placed and of sufficient
brilliancy as to be seen from the front at a consid¬
erable distance—usually about two hundred to two
hundred and fifty feet—and also one or more
lights from the rear,, so placed as to show red from
the rear and white from the side. The duty to
carry lights is also sometimes required during a
fog.
RULE 128
Effect of Ne^flect to Carry Lights
If you neglect to display the lights required by
law, you are guilty of negligence per se; and if,
under such circumstances, you meet with an acci¬
dent, all the presumptions of the law are against
you.
RULE 129
Brakes and Safety Devices
The statutes almost always require your machine
to be equipped with "adequate" brakes, and other
"safety devices," while in use upon the highways.
In some of the states it is especially provided that
there shall be at least two brakes, each separated
from the other, one acting directly upon the drive-
49
AUTOMOBILE LAW
wheels or on those parts of the mechanism which
are firmly connected with the wheels; and one so
arranged as to be operated with the foot. Each
must be of suflScient power to stop the machine
promptly.
RULE 130
Accidents Due to Defective Machinery
If you exercise proper care to avoid a collision,
and the collision occurs, nevertheless, by reason
of some latent defect in the machinery—as, for
example, the giving way of a defective brake-
rod—you will not be responsible for the injury
which may result from such defect.
CHAPTER IX.
SPEED RULES AND REGUIiATIONS.
RULE 131
Highest Degree of Care Required Concerning
Speed
The law requires the very highest degree of care
in the speed at which you run your machine, which
it is possible to exercise; and if the highway is
crowded, or if you are approaching a point where
there is danger of pedestrians or passing vehicles
coming suddenly upon the highway which you are
traversing—such as at a sharp corner, or at a
crossing, or on a downgrade—it is your duty to at
least slacken your speed, and to exercise a watch-
50
GENERAL RULES
ful control over your machine so that you may be
prepared for any emergency which may arise.
RULE 132
Rate of Speed
The rate of speed fixed by the statutes varies
to such an extent that is is impossible to formulate
a general rule without considerable confusion, and
you should consult the statutes of each state. It
is sometimes declared to be a rate which is "rea¬
sonable and proper, having regard to the width,
traffic and use of the highway or so as not to en¬
danger property, or the life or limb, of any
person." The rate also depends upon whether
you are passing through "sparsely settled," or
"closely built up," or "business" portions of the
highways; or whether you are approaching, or
passing, horses or pedestrians, or a bridge, or a
sharp turn, or a steep descent, or an intersecting
point, etc.
RULE 133
Local Regulations Concerning Speed
In most of the states having a general law upon
the subject, "local regulations" concerning speed
are strictly prohibited, except in certain speci¬
fied cases—mainly relating to public parks, speed¬
ways, or cemeteries, and to processions or parades,
unusual public assemblages on the highway, and
sometimes to automobiles used exclusively for
hire.
51
AUTOMOBILE LAW
RULE 134
Discrimination by Local Regulations Prohibited
Where "local regulations" are established, they
must not fix the rate at a lower rate than that
fixed for other vehicles using the same highway.
RULE 135
Special Speed Rates Through Parks, Etc,
The power conferred upon the local authorities
to enact regulations relative to speed in parks, etc.,
is not a general power to prescribe the rate at
which such vehicles may be propelled, but is
merely the power to limit the speed. They may
prescribe a lower rate, but under no circumstances
a higher one than that fixed by the general law.
RULE 136
General Law Paramount in All Places
Where the local authorities have fixed rates of
speed, within the power conferred upon them, for
parks, etc., and you violate the speed limitations
fixed by the general law, it is not material that the
offense was committed upon that portion of the
highways within the limits of the local regula¬
tions; you will be liable to punishment under the
general law the same as if there were no special
regulations. Liability for the violation of the
local regulations will attach only where the rate of
speed is greater than the local regulations permit,
but not in excess of the rate fixed by the general
law.
52
GENERAL RULES
RULE 137
Notice of Local Regulations
Where local regulations exist, due notice thereof
must be given by sign-boards conspicuously dis¬
played upon or near the highway to which they
apply; sometimes also by publication in a news¬
paper.
RULE 138
Plqrsician Responding to Call
In some states it is provided that where a physi¬
cian, responding to an emergency call, is over¬
hauled for exceeding the speed limit, he may be
allowed to proceed to his destination upon giving
his registration or license number, subject to such
proceedings as may afterwards be considered
proper by the authorities.
RULE 139
Military and Official Automobiles
Automobiles used by the military establishment,
or by the fire or police departments, are generally
exempted from speed limitations.
RULE 140
Negligence Per Se
Laws establishing rates of speed are only in¬
tended to fix maximum and not minimum rates.
Running at a greater rate of speed than that fixed
by law is negligence per se; and if a less rate of
speed is required by the circumstances and condi¬
tions at the time, you are not excusable merely
53
AUTOMOBILE LAW
because the law has fixed a rate of speed equal to,
or greater than, that at which you were traveling.
RULE 141
Speed When Obstruction Can Be Seen Ahead
It is negligence per se for an operator to run
his machine at such a high rate of speed that he
cannot stop it within the distance at which he can
see the obstruction ahead.
RULE 142
Speed Rendering Control Difficult
Operating an automobile at such a rate of speed
as to make it difficult to control it, in case of
emergency, is negligence.
RULE 143
Speed at "Crossings"
Where a law provides for slowing down at
"crossings," street crossings or intersections are
referred to—not railroad crossings.
RULE 144
Duty at Railroad Crossings
When about to cross a railroad crossing with
your automobile, it is your duty to stop, look and
listen, and to exercise every precaution to ascertain
whether a train is approaching from either direc¬
tion. This duty is more imperative upon you than
it is upon the driver of a horse-vehicle for the rea¬
son that a collision may not only result in your
destruction, but there is also a greater probability
of your machine wrecking the train. You are, how-
54
GENERAL RULES
ever, justified in attempting to cross when directed
so to do by the gateman, or other person in chai ge,
and if injured in so doing the railroad company
owning the tracks will be primarily liable for
damages, even though the train which caused the
accident belonged to another company.
RULE 145
"Radni^" and "Speed Contests" Prohibited
"Racing" on the public highways is generally
prohibited. The term "racing" applies to any
kind of a speed contest between two or more auto¬
mobiles, and not merely to such contests as are
pre-arranged. In several of the states, notwith¬
standing the general law against racing, the local
authorities have the right to set aside a specified
public highway, for a given time, for speed tests,
or races, to be conducted under proper restrictions
for the safety of the public.
RULE 146
Not Negligence to Witness Speed Contests
It is not contributory negligence for an onlooker
voluntarily to place himself in a position where
an injury may result to him from witnessing a
speed contest by automobiles, merely because the
rate of speed may be excessive or dangerous.
RULE 147
Constitutionality of Speed Laws
Laws regulating the speed of automobiles are
not unconstitutional as class legislation, in dis¬
criminating against certain users of the highway.
55
AUTOMOBILE LAW
RULE 148
Different Rates of Speed Not Discrimination
A statute, or regulation, which prescribes dif¬
ferent rates of speed for different highways, or
for different portions of the same highway, is
constitutional and will he upheld, if not unreason¬
able in its requirements.
CHAPTER X.
FRIGHTENING ANIMALS—SIGNAL OP DIS¬
TRESS.
RULE 149
Sounding Warnings
It is your duty to give a timely warning with
your signaling device, at all times when notice of
your approach is proper, and especially when
you are approaching a person or an animal, or an
intersecting point, or a bridge, or a sharp turn, or
curves, or a steep descent.
RULE 150
Duty Not Discharged Solely by Sounding Warning
Merely sounding the horn or other warning de¬
vice, in the presence of danger, will not secure
you immunity from the consequences of your acts,
unless every other effort within your power is
made to prevent an accident.
56
GENERAL RULES
RULE 151
"Approaching" Defined
An automobile coming up behind another ve¬
hicle is "approaching" it within the meaning of
the laws and rules requiring the operator to give
notice of his "approach," and to avoid frightening
horses upon the highway.
RULE 152
Duty Towards Domestic Animals Unattended
All kinds of domestic animals, unattended, may
be rightfully upon the highways, and you are
bound to exercise due care to avoid injuring them.
You cannot rely upon frightening them from their
dangerous situations, but every precaution must
be taken to avoid running them down. The rule
applies to dogs as well as other animals.
RULE 153
Liability When Animals Left Unfastened
One who leaves a team of horses unfastened in
a public street, which is known to be in frequent
use by automobiles—especially if the team is ner¬
vous and easily frightened—ds guilty of contribu¬
tory negligence.
RULE 154
Signal of Distress
The statutes in nearly all the states expressly
provide that when you are approaching a horse,
or other draft animal, being led, ridden or driven,
which appears to be frightened, or if the person in
charge thereof shall signal to you by putting up
67
AUTOMOBILE LAW
his hand—you must bring your machine immedi¬
ately to a stop, and render such assistance as you
can to any person in peril.
RULE 155
Rule When Traveling' in Opposite Direction
When you are traveling in an opposite direction
from the horse or other animal which is frightened
at your approach, you are required not only to
stop your machine, but to remain stationary so
long as may be reasonable to allow it to pass.
RULE 156
Rule When Traveling in Same Direction
When you are traveling in the same direction
as a horse or other animal which is liable to be
frightened at your approach, you may, if no dis¬
tress signal is given, or if the condition seems to
render it safe to do so, continue your course, but
you must use all possible precaution in passing.
RULE 157
Who May Give Signal
Where the law provides that you shall bring
your machine to a stop, in answer to a signal of
distress from the driver of a horse, or other ani¬
mal, by raising the hand, this does not mean that
the signal must necessarily be given by the person
who holds the lines; it may be given by any occu¬
pant of the vehicle, or by any other person, at
the request Of the driver.
58
GENERAL RULES
RULE 158
False Signal of Distress
la some states the statute emphasizes the fact
that you have an equal right to use the highways,
by declaring that it shall be unlawful unreason¬
ably to obstruct or impede your progress, and
that no person shall give a signal of distress or
call for assistance without reasonable cause for so
doing,
RULE 159
Must Stop, Even Though Not Signaled
Where the laws or regulations provide that you
shall stop upon receiving a signal to do so, from a
person in peril, this does not relieve you from the
duty to stop when you have discovered the peril,
whether there is any signal given or not.
RULE 160
"As Far as Practicable" Defined
Where the law requires that when you have dis¬
covered that your machine is occasioning alarm,
or fright, to horses or other animals on the high¬
way, you must go "as far as practicable" to the
side of the road and remain stationary until tho
danger is over—'if the crowded condition of the
thoroughfare, or the dangerous situation, prevents
your turning out, you have gone "as far as prac¬
ticable," and have complied with the law.
RULE 161
When "Forward Movement" is Necessary
Where the law requires that you shall stop on
receiving a signal of distress and remain station-
59
AUTOMOBILE LAW
ary, "unless a movement forward shall be deemed
necessary to avoid accident or injury," it is for
you to determine whether a forward movement is
necessary; and unless you act unreasonably, or in
bad faith, your judgment is conclusive.
RULE 162
When Stoppings the Motor is Necessary
The statutes sometimes require that if the horse
or other animal appears to be badly frightened at
your approach, or if you are requested to do so,
you must cause the motor to cease running so long
as may be reasonably necessary to prevent acci¬
dent and insure the safety of others.
RULE 163
Failure to Stop Motor is Negligence
When the law provides that in responding to a
signal of distress you shall stop your motive
power, as well as your machine, it is negligence
for you not to do so, and you are liable for such
injuries as may result by reason of the noise.
RULE 164
Liability for Necessary Noises
Where the statute does not specifically require
you to stop your motor, you are not liable for any
injury to an animal occupying the highway, where
the injury resulted through fright, by reason of
the necessary noises produced by the operation of
•your automobile, unless the noise was very great
or unusual, and by the exercise of ordinary cau-
60
GENE-RAL RULES
tion on your part it might have been avoided, or
unless you neglected to provide yourself with such
appliances as the law required you to carry or
as may be reasonably necessary for the purpose.
RULE 165
Unnecessary Noises Prohibited
In addition to the requirement that you shall
stop your motor, when necessary to avoid fright¬
ening animals, the statutes sometimes expressly
prohibit the sounding of your signaling devices,
except when necessary to give warning of your ap¬
proach; and, in fact, you are forbidden to use
"any unnecessarily loud or discordant alarm de¬
vice" for any purpose,
RULE 166
General Duty in All Cases
When it is apparent that a horse, or other ani¬
mal having a right to be upon the highway, is or
is about to become frightened, it is your duty not
only to bring your machine to a stop, but to take
all necessary precautions to avoid an accident.
You cannot secure immunity from liability merely
by sounding a warning in the presence of danger.
You must use all the facilities at your command to
prevent an accident. And you must exercise rea¬
sonable care and diligence to ascertain the facts;
you cannot shut your eyes to what is going on
upon the highway, and plead ignorance as an
excuse.
61
AUTOMOBILE LAW
RULE 167
Remaining in Vehicle Drawn by Frightened Horse
is Not Negligence
A person occupying a vehicle drawn by a horse
which is frightened by the approach of an auto¬
mobile is not negligent in remaining in the vehicle
after the horse has become frightened.
RULE 168
Duty, in Case of Accident, to Give Information
In some states, in case an injury occurs to per¬
son or property on the highway, which is due to
the presence or operation of your automobile, you
are required to stop, and upon request of the per¬
son injured, or any person present, give your
name and address, and if you are not the owner,
then the name and address of the owner. The stat¬
utes sometimes also require that your registration
and license numbers be given; and also the name
and resident of each male occupant of the ma¬
chine at the time.
RULE 169
Extent of Duty to Give Information
You have disharged your duty if you return to
the scene of the accident and answer such ques¬
tions as may be put to you concerning the matters
referred to in the foregoing rule. You are not re¬
quired to volunteer the information.
62
GENERAL RULES
RULE 170
Running Away After Accident
If, after an accident, you run away from the
scene, this will be considered as evidence tending
to show guilty knowledge on your part.
CHAPTER XI.
GARAGE-KEEPERS.
RULE 171
Rights of Garage-Keepers
A garage-keeper is a bailee for hire. His rights
are similar to those of a livery stable-keeper.
Where those rights do not rest on the common
law, but are dependent upon statutory regula¬
tion—such, for example, as the right to maintain
a lien upon the machine, for unpaid storage, and
other like charges—the garage-keeper cannot
claim the benefit of a law enacted for the pro¬
tection of stable-keepers, unless specifically in¬
cluded in its terms.
RULE 172
Exemption from Distress for Rent or Repairs
In several of the states your machine and its
appurtenances are specifically exempted from dis¬
tress for rent, storage, or repairs, by the owner of
a garage or any other place. But where such a
statute does not exist, the garage-keeper may levy
63
AUTOMOBILE LAW
upon it or attach it, in the same manner and to the
same effect as any other article of personal prop¬
erty.
RULE 173
Liability for Damage by Fire
While your machine is in the care of a garage-
keeper, for repair, he will not be responsible for
its unavoidable destruction by fire, unless he fails
to use ordinary care.
RULE 174
Liability for Use of Machine by Another
A garage-keeper will be held responsible for the
safe-keeping of a machine entrusted to his care,
and if he permits it to be taken out contrary to
the contract between himself and the owner, "he
will be responsible to the owner for such damage
as may result.
RULE 175
Garage Is Not Necessarily a Nuisance
While a garage may be so conducted as to be¬
come a "nuisance," so long as it is conducted with
proper regard for the character of its business, it
is not necessarily a "nuisance" within the mean¬
ing of that word as used in the law. The fact that
there may be considerable noise, smoke, or un¬
wholesome odors in connection with it, and that
much dirt is occasioned thereby, and that it may
somewhat inconvenience nearby residents, and
.even affect surrounding property values adversely
does not make it a legal "nuisance"—if these con-
64
GENERAL RULES
ditions are necessary for the carrying on of the
business, and are permitted within reasonable
limits.
RULE 176
Towing a Machine
"Where an automombile has lost its power and is
being towed by the garage-keeper to a garage, it
is like any other vehicle in tow. It has a right to
be upon the highway, in this manner, and other
users of the highway must take notice of the tow
and govern themselves accordingly.
RULE 177
Record of Use of Automobiles
It is sometimes provided that the garage-keeper
shall preserve a record of the use of every auto¬
mobile in his care—the hour of its leaving and re¬
turning, and all the necessary data for its identifi¬
cation, together with the signature of the person
taking it out and returning it.
CHAPTER XII.
ARREST, TRIAL, BAIL.
RULE 178
Jurisdiction of Offenses
The jurisdiction of offenses by owners and oper¬
ators of machines is usually vested in a local
court—such as justices' courts—but it is some-
65
AUTOMOBILE LAW
times fjivcn to special boards, commissioners, etc.
The statutes should be consulted, for each state,
as no general rule can be formulated in this re¬
gard.
RULE 179
Arrest and Bail
Arrest without warrant is generally permitted
the proper officials. Various provisions are
made for bail. In some states it is specifically pro¬
vided that you have a right to tender your ma¬
chine as bail, and if it is of sufficient value, it is
the duty of the justice, or other official before
whom you appear, to accept it as security in lieu
of other bail.
RULE 180
Effect of Special Laws on Right to Damages
Special laws providing for the registration of
automobiles, and regulating the manner of their
use upon the public highways, and establishing
penalties for their breach, do not affect the rights
of any person who has been injured in his per¬
son or his property, to recover civil damages, or
to prosecute an action therefor.
CHAPTER Xra.
FEES, FINES, AND PENALTIES.
RULE 181
No General Rule
Fees are always charged for registration, for
issuing licenses, for renewing expired licenses,
66
GENERAL RULES
and generally for the various steps in complying
with the registration and license laws; but the
provisions of the statutes in this regard vary to
such an extent that a general rule applicable
thereto cannot well be formulated. The same re¬
mark applies to the fines and penalties imposed
for the violation of these laws.
RULE 182
Disposition of Moneys
Moneys received from registration and license
fees, or as fines and penalties, are sometimes
turned into the general fund of the State Treas¬
ury, and sometimes into a special fund, called a
"Maintenance Fund," to be applied toward the
maintenance and repair of roads and highways,
under the direction of the proper authorities.
CHAPTER XIV.
FUNDAMENTAL PRINCIPLES OF LAW OF
NEGLIGENCE.
RULE 183
Negligence in Law Defined
Negligence in law, in its broadest sens<>, is the
failure to exercise, for the protection of the inter¬
est of another person, that degree of care, precau¬
tion, and vigilance which the circumstances justly
demand, whereby such other person sutlers injury.
67
AUTOMOBILE LAW
RULE 184
The Test of Negligence
The test of negligence is, Did the person who
caused the injury exercise that degree of care to
prevent it, or avoid it, which an ordinarily prudent
person would have exercised under the same cir¬
cumstances ?
RULE 185
Contributory Negligence Defined
Contributory negligence is the failure on the
part of the person injured to exercise such care to
avoid or prevent the injury as an ordinarily care¬
ful and prudent person would have exercised un¬
der similar circumstances, and which failure "con¬
tributed," in some manner, to produce the injury.
RULE 186
Test of Contributory Negligence
While the law imposes on every person the duty
of exercising ordinary care for the protection of
his own person and property from injury through
the acts of another, it does not require him to use
extraordinary care, nor the utmost possible care,
but only ordinary and reasonable care.
RULE 187
Example of What Is and What Is Not Contributory
Negligence
One who deliberately drives a horse upon a
highway where automobiles are passing for the
purpose of training it or "breaking it in" is
guilty of contributory negligence, if the horse be-
68
GENERAL RULES
comes frightened and injury results; but an inex-
experienced person who is riding as the guest of
one who holds himself out as an experienced oper¬
ator, is not guilty of contributory negligence, and
if injury results the right to recover damages
therefor will not be affected by the question
whether the operator was or was not really com¬
petent to operate the machine.
RULE 188
Duty of Operator in Case of Contributory Negli¬
gence
Contributory negligence of the person injured
will not relieve the operator from the consequences
of his acts in producing the injury, but it will still
be his duty to use all the means and appliances
at his command to prevent the injury.
RULE 189
Gross Negligence Defined
Gross negligence is a reckless or careless disre¬
gard for consequences, and a failure to exercise
proper, or, in fact, any, care to avoid the danger.
RULE 190
Wilful and Wanton Negligence Defined
Wilful and wanton negligence is deliberat? and
intentional injury.
RULE 191
Wilful and Wanton Negligence Cannot be Presumed
Wilful and wanton negligence is not io be pre¬
sumed on the part of any person, (^me is not
69
AUTOMOBILE LAW
chargeable therewith unless he Lnew that the
injury was likely to occur, and made no effort to
avoid it, after discovering the peril.
RULE 192
Distinction between Gross and Wilful Negligence
The distinction between gross negligence and
wilful or wanton negligence, is, that gross negli¬
gence implies recklessness, while wanton negli¬
gence implies intent, or such an absence of delib¬
eration or caution as justifies a presumption of
intentional injury.
RULE 193
"Last Clear Chance" Doctrine
The party who has the "last clear chance" to
avoid or prevent an accident, notwithstanding the
negligence of the other party, is considered respon¬
sible for it.
RULE 194
Proximate Cause
An act which sets in motion a chain of acts or
circumstances which produce an injury is the
proximate cause of the injury.
RULE 195
Test of Proximate Cause
To constitute proximate cause, the injury must
have been the natural and probable consequence
of the original act.
RULE 196
lUustraUon of Proximate Cause
When a horse attached to a vehicle becomes
frightened and unmanageable at the approach
70
GENERAL RULES
of an automobile and plunges over an unprotected
bank near the highway, then runs some distance
further and, veering, overturns the vehicle, throw¬
ing the occupant out and inflicting fatal injuries—
the fright occasioned by the automobile is the
proximate cause of the death, the veering and
overturning being only the natural and probable
consequence.
71
Motor Vehicle Laws
of the Yarious States
Following, in alphabetical order of states, is the
verbatim and complete Motor Vehicle Statute of each
state enacted up to January 1, 1910. Also the stat¬
utes of each state relative to the Law of the Road,
where the same is not already a part of the Motor
Vehicle Law.
Local laws—such as municipal regulations, park¬
way rules and othei: rules not of a general character
—are not included.
All general provisions relative to the date of tak¬
ing effect of the statutes, and all repealing clauses—
unless there is a special reason for including them—
are omitted, and in such case it will be understood
that the act takes effect upon the date of passage,
and all conflicting acts are repealed.
72
Alabama
Motor Vehicle Law
[Chapter 168, Code of 1907.]
Unregistered Vehicle Excluded from Highways
Section 6322. It shall be unlawful for any person to run,
operate or drive any automobile, locomobile, or motor ve¬
hicle of like kind on the public roads and highways of this
state without first registering same as provided in chapter
58 of this Code and without complying with the provisions
of this chapter.
[Chapter 58, Code of 1907.]
Application for Registration—Record
Sec. 3012. The owner or custodian of any automobile, loco¬
mobile, or motor vehicle, shall within ten days after acquir¬
ing the same register such vehicle in the office of the pro¬
bate judge of the county of the residence of the owner or
in which such vehicle is to be run or operated, in a -book to
be kept for that purpose by said judge, giving the name and
exact residence of the owner or person who will run or op¬
erate said automobile, locomobile or motor vehicle, of like
kind and the name and style of the vehicle. Said book
shall be open to the inspection of the public at all times.
Certificate of Registration
Sec. 3013. The probate judge shall thereupon issue a cer¬
tificate of registration to such person, showing the name
and residence of the owner or person who shall run or op¬
erate said vehicle, the name and style of the vehicle and
the number of the certificate of registration, beginning with
number one and numbering forward in numerical order aj
the applications for registrations are made.
7a
AUTOMOBILE LAW
Certificate Not Transferable—Fees
Sec. 3014. Such certificate of registration and number shall
not be transferable. Such probate judge shall be entitled
to a fee of twenty-five cents for each certificate of regis¬
tration under this act, to be paid by the applicant.
Manufacturers and Dealers Not Included
Sec. 3015. This chapter shall not apply to a person man¬
ufacturing or dealing in automobiles, locomobiles or motor
vehicles except those for his own private use.
Special Speed Bates
Sec. 6323. No automobile, locomobile or motor vehicle pro¬
pelled by steam, gasoline or electricity or other source of
energy shall pass a person driving a horse or horses or other
domestic animals, or foot-passengers walking in the road¬
way of the highway, at a greater rate of speed than eight
miles per hour, nor pass a public school, in school days
when school is held between the hours of eight o'clock ante
meridian and four o'clock post meridian, or pass a building
of public worship on the Sabbath day during the usual
hours of service at a greater rate of speed than eight miles
per hour, or cross a dam or causeway where the traveled
portion of the road-bed is less than twenty feet wide, at a
greater rate of speed than four miles per hour.
General Speed Bate
Sec. 6324. No person shall run, operate or drive an auto¬
mobile, locomobile, or motor vehicle of like kind, on any
public road or highway of this state at a greater rate of
speed than eight miles an hour.
Brakes, Mufflers, etc.
Sec. 6325. It shall be unlawful for any person to run, op¬
erate or drive any automobile, locomobile or motor vehicle
of like kind upon the public roads and highways of this
state unless the same be equipped with suitable and efficient
appliances to lessen noxious odors, diminish noise and bring
such vehicle to a quick stop.
ALABAMA
Approaching Animals—Signal of Distress
Sec. 6326. Every person driving an automobile, locomobile
or motor vehicle at request or signal by putting up the
hand, from a person riding or driving a restive horse or
horses, or driving domestic animals, shall cause such vehicle
to stop and remain stationary, and upon request shall cause
the engine of such vehicle to cease running so long as may
be necessary to allow said horse or domestic animals to pass.
Fines and Penalties
Sec. 6327. Any person violating any of the five preceding
sections, or failing to comply with the requirements there¬
of, shall be guilty of a misdemeanor and on conviction shall
be punished for the first offense by a fine of not less than
twenty nor more than one hundred dollars, and on any sub¬
sequent conviction, shall be punished by a fine of not less
than fifty nor more than two hundred dollars or by impris¬
onment in the county jail for not less than thirty days nor
more than six months.
Law of the Boad
Sec. 5840. All drivers of carriages or other vehicles,
whether of burden or pleasure, using any public road, when
met by another carriage or vehicle, shall keep to the right
hand, and when overtaken by another carriage or vehicle,
shall also keep to the right hand, so as in both cases to
permit the carriage or vehicle, so meeting or overtaking
to pass freely and uninterruptedly. (See Civil Code 1907.)
[Penalty for violation of this provision "wilfully and with¬
out good cause" is, by the civil code,, five dollars for each
offense, and "if injury results therefrom," the offender is
subject to an action for damages, at the suit of the party
injured. By the Criminal Code (Sec. 7t45) he is guilty of
a misdemeanor and subject to a fine of not more than one
hnndred dollars.]
75
Arizona
There is no General Motor Vehicle Law
in this Territory.
76
Arkansas
There is no General Motor Vehicle Law
in this State.
77
California
Motor Vehicle Law
[Act of March 22, 1905. Aa amended March 23, 1907.]
Definitions
Section 1. Subdivision 1. The words and phrases need in
this act shall, for the purposes of this act, unless the same
be contrary to or inconsistent with the context, be con¬
strued as follows: (1) "motor vehicle" shall include all
vehicles propelled by any power other than muscular pow¬
er, provided that nothing herein contained shall, except the
provisions of subdivisions three, four, and five of section
three and subdivision one of section four of this act, apply
to motor cycles, motor bicycles, traction engines or road
rollers; (2) "public highways" shall include any highway,
county road, state road, public street, avenue, alley, park,
parkway, driveway or public place in any county, or incor¬
porated city and county, city or town; (3) "closely built
up" shall mean (a) the territory of any county or incorpo¬
rated city and county, city or town contiguous to a public
highway which is at that point built up with structures de¬
voted to business; (b) the territory of any. county or incor¬
porated city and county, city or town contiguous to a public
highway not devoted to business, where for not less than
one quarter of a mile the dwelling-houses on such highway
average less than one hundred feet apart, provided that the
local authorities having charge of such highway shall have
placed conspicuously thereon at both ends of such closely
built up section signs of sufficient size to be easily readable
by a person using the highway, bearing the words "Slow
down to miles," inserting in the blank space the
number of miles to which the speed is to be reduced, and
also an arrow pointing in the direction where the speed is
78
CALIFORNIA
to be reduced; (4) "local authorities" shall include all
boards of supervisors, trustees or councils, committees and
other public officials of counties, or incorporated cities and
counties, cities or towns; (5) "chauffeur" shall mean any
person operating a motor vehicle as mechanic, employe or
for hire.
Application for Registration—Fee
Sec. 2. Subdivision 1. Every owner of a motor vehicle
shall, for every such vehicle owned by him, file in the of¬
fice of the secretary of state a statement of his name and
address, with a brief description of the vehicle to be reg¬
istered including the name of the maker, factory number,
style of vehicle and motor power on a blank to be prepared
and furnished by such secretary of state for that purpose.
The filing fee shall be two dollars.
Record of Application
Subdivision • 2. The secretary of state shall thereupon file
such statement in his office, register such motor vehicle in a
book or index kept for the purpose, and assign it a dis¬
tinctive number.
Registration Seal—Display
Subdivision 3. The secretary of state shall forthwith on
such registration, and without other fee, issue and deliyer
to the owner of such motor vehicle a seal of aluminum or
other suitable metal, which shall be circular in form ap¬
proximately two inches in diameter, and have stamped
thereon the words "Registered motor vehicle. No. ,
State of California," with the registration number in¬
serted therein; which seal shall thereafter at all times be
conspicuously displayed on the motor vehicle, to which such
number has been assigned.
Re-Registration—Fees—Transfer of Ownersbip
Subdivision 4. If the vehicle has been previously regis¬
tered, the certificate issued thereon shall be returned to the
secretary of state and in lieu thereof such secretary shall
79
AUTOMOBILE LAW
issue to said owner a registration seal containing the num¬
ber of such previous registration upon payment of a fee of
one dollar. Upon tie sale of a motor vehicle, the vendor,
except a manufacturer or dealer, shall within ten days, re¬
turn to the secretary of state the registration seal affixed
to such vehicle.
Manner of Display of Number
Subdivision 5. Every motor vehicle shall also at all times
have the number assigned to it displayed on the back of
such vehicle in such a manner as to be plainly visible, the
numbers to be in Arabic numerals, black on white back¬
ground, each not less than three inches in height, and each
stroke to be of a width not less than half an inch, and also
as a part of such number of the abbreviated name of the
state in black on white ground, such letters to be not less
than one inch in height.
Registration by Manufacturer or Dealer—Fees*
Subdivision 6. A manufacturer of or dealer in motor ve¬
hicles shall register one vehicle of each style or type man¬
ufactured or dealt in by him, and be entitled to as many
duplicate registration seals for each type or style so man¬
ufactured or dealt in as he may desire on payment of an
additional fee of fifty cents for each duplicate seal. If a
registration seal and the corresponding number shall there¬
after be affixed to and displayed on every vehicle of such
type or style as in this section provided, while such vehicle
is being operated on the public highways, it shall be deemed
a sufficient compliance with subdivisions one, three, five and
eight of this section, until such vehicle shall be sold or let
for hire. Nothing in this subdivision shaU be construed to
apply to a motor vehicle employed by a manufacturer or
dealer for private use or for hire.
Fictitious Markers Prohibited
Subdivision 7. No motor vehicle shall be used or operated
upon the public highway after this act takes effect which
shall display thereon a registration seal or number belong-
80
CALTFORNIA
ing to any other vehicle, or a fictitious registration seal
or number.
Unregistered Vehicle Is Excluded from Highways
Subdivision 8. No motor vehicle shall be used or operated
on the public highway after this act takes effect, unless the
owner shall have complied in all respects with this section,
except that any person purchasing a motor vehicle from the
manufacturer, dealer or other person after this act goes
into effect shall be allowed to operate such motor vehicle
upon the public highways for a period of five days after the
purchase and delivery thereof, provided that during such
period such motor vehicle shall bear the registration num¬
ber and seal of the previous owner under which it was op¬
erated or might have been operated by him.
Kon-Besidents
Subdivision 9. The provisions of this section shall not
apply to motor vehicles owned by non-residents of this
state and only temporarily within this state, provided the
owners thereof have complied with any law requiring the
registration of owners of motor vehicles in force in the
state, territory or federal district of their residence, and
the registration number showing the initial of such state,
territory or federal district shall be displayed on such vehi¬
cle substantially as in this section provided.
General Speed Bates
Sec. 3. Subdivision 1. No person shall operate a motor
vehicle on a public highway at a rate of speed greater than
is reasonable and proper, having regard to the traffic and
use of the highway, or so as to endanger the life or limb of
any person, or the safety of any property; or in any event
on any public highway where the territory contiguous there¬
to is closely built up, at a greater rate than one mile in six
minutes, or elsewhere in any incorporated city and county,
city or town, at a greater rate than one mile in four min¬
utes, or elsewhere outside of any incorporated city and
county, city or town at a greater rate than one mile in three
81
AUTOMOBILE LAW
minutes; subject, however, to the other provisions of this
act.
Special Speed Bates
Subdivision 2. Upon approaching a bridge, dam, sharp
curve, or steep descent, and also in traversing such bridge,
dam, curve or descent, a person operating a motor vehicle
shall have it under control and operate it at a rate of speed
not exceeding one mile in fifteen minutes, and upon ap¬
proaching a crossing of intersecting highways at a speed not
greater than is reasonable and proper, having regard to the
traffic then on such highway and the safety of the public.
Approaching Animals
Subdivision 3. Upon approaching a person walking in the
roadway of a public highway, or a horse or horses, or other
live stock, being ridden, led or driven thereon, a person
operating a motor vehicle shall give reasonable warning
of its approach, and use every reasonable precaution to
insure the safety of such person or animal, nnd, in the case
of horses or other live stock, to prevent frightening the
same.
Signal of Distress
Subdivision 4. A person operating a motor vehicle shall,
at request or on signal by putting up the hand, from a
person riding, leading or driving a restive horse or horses,
or other live stock, bring such motor vehicle immediately
to a stop, and, if traveling in the opposite direction, re¬
main stationary so long as may be reasonable to allow such
horse or animal to pass, and, if traveling in the same direc¬
tion, use reasonable caution in thereafter passing such
horse or animal; provided that, in case such horse or ani¬
mal appears badly frightened or the person operating such
motor vehicle is reqdested to do so, such person shall cause
the motor of such vehicle to cease running so long as shall
be reasonably necessary to prevent accident and insure
safety to others.
82
CALIFORNIA
Duty in Case of Accident
Subdivision 5. In case of accident or injury to a person
or property on the public highways, due to the operation
thereon of a motor vehicle, the person operating such ve¬
hicle shall stop, and, upon request of a person injured, or
any person present, give such person his name and address,
and, if not the owner, the name and address of such
owner.
Racing, or Speed Tests
Subdivision 6. Local authorities may, notwithstanding
the other provisions of this section, set aside for a given
time a specified public highway for speed tests or races,
to be conducted under proper restrictions for the safety of
the public.
Law of the Road
Sec. 4. Subdivision 1. Whenever a person operating a
motor vehicle shall meet on a public highway any other
person riding or driving a horse or horses or other live
stock, or any other vehicles, the person so operating such
motor vehicle shall reasonably turn the same to the right
of the center of such highway so as to pass without inter¬
ference. Any such person so operating a motor vehicle,
shall, on overtaking any such horse, live stock or other
vehicle, pass on the left side thereof, and the rider or
driver of such horse, live stock or other vehicle shall, as
soon as practicable, turn to the right so as to allow free
passage on the left. Any such person so operating a motor
vehicle shall, at the intersection of public highways, keep
to .the right of the intersection of the centers of such
highways when turning to the right and pass to the right
of such intersection when turning to the left. Nothing in
this subdivision shall, however, be construed as limiting
the meaning or effect of the provisions of section three of
this act.
Brakes, Bells, Horns, Lamps
Subdivision 2. Every motor vehicle, while in use on a
public highway, shall be provided with good and efllcient
83
AUTOMOBILE LAW
brakes, and also with suitable bell, horn or other signal,
and be so constructed as to exhibit, during the period from
one hour after sunset to one hour before sunrise, two
lamps showing white lights visible within a reasonable
distance in the direction towards which such vehicle is
proceeding, showing the registered number of the vehicle
in separate Arabic numerals, not less than one inch in
height and each stroke to be not less than one quarter of
an inch in width, and also a red light visible in the reverse
direction.
Powers of Local Authorities
Subdivision 3. Subject to the provisions of this act, local
authorities shall have no power to pass, enforce or main¬
tain any ordinance, rule or regulation requiring of any
owner or operator of a motor vehicle any license or per¬
mit to use the public highways, or excluding or prohibit¬
ing any motor vehicle whose owner has complied with sec¬
tion two of this act from the free use of such highways,
except such driveway, speedway or road as has been or
may be expressly set apart by law for the exclusive use of
horses and light carriages, or except as herein provided,
in any way affecting the registration or numbering of
motor vehicles or prescribing a slower rate of speed than
herein specified at which such vehicles may be operated,
or the use of the public highways, contrary or inconsistent
with the provisions of this act; and all such ordinances,
rules or regulations now in force are hereby declared to bo
of no validity or effect; provided, however, that the local
authorities of incorporated cities and counties, cities and
towns, may limit by ordinance, rule or regulation here¬
after adopted the speed of motor vehicles on the public
highways, on condition that such ordinance, rule or regu¬
lation shall also fix the same speed limitation for all other
vehicles, such speed limitation not to be in any case less
than one mile in six minutes and on further condition
that such incorporated city and county, city or town, shall
also have placed conspicuously on each main public high¬
way where the boundary of such municipality crosses the
same and on every main highway where the rate of
Si
CALIFORNIA
speed changes, signs of suflBcient size to be easily readable
by persons using the highway, bearing the words "Slow
down to miles" (the rate being inserted) and also
an arrow pointing in the direction where the speed is to be
reduced or changed, and also on further condition that
such ordinance, rule or regulation shall fix the penalties
for violation thereof similar to and no greater than those
fixed by such local authorities -for violation of speed
limitation by any other vehicles than motor vehicles, which
penalties shall during the existence of the ordinance, rule
or regulation supersede those specified in section six of this
act, and provided further that nothing in this act con¬
tained shall be construed as limiting the power of local
authorities to make, enforce and maintain further ordi¬
nances, rules or regulations affecting motor vehicles which
are offered to the public for hire.
Notice of Special Regulations
Subdivision 4. Local authorities may, notwithstanding the
provisions of this act, make, enforce and maintain such
reasonable ordinances, rules or regulations concerning the
speed at which motor vehicles may be operated in any
public park or parkways, but in that event [there] must
be signs at each entrance of such park and along such
parkway, conspicuously indicate [indicating] the rate of
speed permitted or required, and [they] may exclude motor
vehicles from any cemetery or grounds used for burial of
the dead.
Bight to Damages
Subdivision 5. Nothing in this act shall be construed to
curtail or abridge the right of any person to prosecute a
civil suit for damages by reason of injuries to person or
property resulting from the negligent use of the highways
by a motor vehicle or its owner or his employe or agent.
Begistration of Chauffeurs
Sec. 5. Subdivision 1. Every person hereafter desiring
to operate a motor vehicle as a chauffeur shall file in the
ofSce of the secretary of state, on a blank to be supplied
8fi
AUTOMOBILE LAW
by such secretary, a statement which shall include hig
name and address and the trade name and motive power
of the motor vehicle or vehicles he is able to operate and
that said applicant is familiar with the mechanism of
motor vehicles or the specified type of motor vehicles
which said applicant desires to operate and that the ap¬
plicant is over the age of [eighteen] years and has served
an apprenticeship of at least three months with a com¬
petent chauffeur, or that said applicant has operated a
motor vehicle for at least three months, and which state¬
ment must be verified by the oath of the applicant that
the matters therein stated are true to the best of his
knowledge and belief; said application shall be accom¬
panied by a registration fee of two dollars.
Becord of Chauffeur's Application
Subdivision 2. The secretary of state shall thereupon file
such statement in his office, register such chauffeur in a
book or index to be kept for that purpose, and assign him
a number.
Chauffeur's Badge
Subdivision 3. The secretary of state shall forthwith, upon
such registration and without other fee, insure and deliver
to such chauffeur a badge of aluminum or other suitable
metal which shall be oval in form, and the greater diameter
of which shall not be more than two inches, and such
badge shall have stamped thereon the words: "Regis¬
tered chauffeur. No. , State of California," with the
registration number inserted therein; which badge shall
thereafter be worn by such chauffeur pinned npon his cloth¬
ing in a conspicuous place at all times while he is operat¬
ing a motor vehicle upon the public highways. No license
shall be issued to any person under the age of eighteen
years.
Fictitious Badge Prohibited
Subdivision 4. No chauffeur, having registered as herein
provided, shall voluntarily permit any other person to
86
CALIFORNIA
wear his badge, nor shall any person while operating a
motor vehicle wear any badge belonging to another per¬
son, or a fictitious badge.-
TTnlicensed Operator Excluded from Highways
Subdivision 5. No person shall operate a motor vehicle
as a chauffeur upon the public highways after thirty days
after this act takes effect, unless such person shall have
complied in all respects with the requirements of this
section.
Fines and Penalties
Sec. 6. Any person violating any of the provisions of this
act shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine not ex¬
ceeding one hundred dollars or by imprisonment not ex¬
ceeding thirty days, or both, for the first offense; and pun¬
ishable by a fine of not less than fifty dollars nor more
than one hundred dollars, or imprisonment not exceeding
thirty days, or both, for a second offense; and punishable
by a fine of not less than one hundred dollars nor more
than two hundred and fifty dollars or imprisonment not ex¬
ceeding thirty days, or both, for a third or subsequent of¬
fense.
Disposition of Fees
Sec. 7. The amount of fees received by the secretary of
state, as in this act provided, shall be paid into the state
treasury, to be paid into the general fund of the state.
Appropriation to Enforce Act
Sec. 8. There is hereby appropriated out of any money in
the state treasury not otherwise appropriated, the sum of
twenty thousand dollars ($20,000.00), for the purpose of
carrying out the objects of this act, to be used by the
secretary of state in the employment of the necessary
clerk or clerks; the purchase of the necessary stationery,
books, and postage; for the necessary incidental expenses;
for the purchase of the necessary seals and badges; for
87
AUTOMOBILE LAW
printing, ruling, binding, and all other work performed
and materials used by the state printing office, to be used
during the balance of the fifty-sixth, and during the fifty-
seventh and fifty-eighth fiscal years. The state controller is
hereby directed to draw his warrant for any claim against
said sum, the same having been approved by the state
board of examiners, and the state treasurer is hereby di¬
rected to pay the same.
Officials of Motor Vehicle Department
Sec. 8a. For the purpose of carrying out the provisions of
this act, and the act of which this act is amendatory, the
secretary of state may appoint a chief clerk and cashier of
the motor vehicle department, in the office of the secretary
of state, and one other clerk.
Penalty for Tampering with Machine
P. C. 499c. Every owner or manager of an automobile
garage, or any agent or employee of such owner or mana¬
ger, or any other person, having the care, custody, or pos¬
session of any automobile, who takes, hires, runs, drives or
uses such automobile, or who takes or removes therefrom
any part thereof, without the owner's consent, is punishable
by a fine not exceeding one thousand dollars or by imprison¬
ment in the county jail not exceeding one year, or by both
such fine and imprisonment. (Approved March 20,1909.)
88
Colorado
Motor Vehicle Law
[Approved April 23, 1909.]
"Automobile" Defined
Section 1. For the purposes of this act the term "auto¬
mobile" shall be held to embrace and mean and is hereby
defined to mean any vehicle driven by motive power other
than animal power or motive power supplied solely by the
muscular exertion of a human being.
Tampering Prohibited
Sec. 2 Any person or persons who shall tamper with, or
who shall enter upon or start in motion, or aid or abet an¬
other in BO doing, any automobile without the knowledge
and consent of the owner thereof or person or persons or
corporation, as the ease may be, operating such automobile,
shall be deemed guilty of a misdemeanor and on convic¬
tion thereof shall be punished for each offense by a fine
of not less than fifty ($50) dollars, nor more than three
hundred ($300) dollars, or by imprisonment in the county
jail for a period not less than thirty (30) days, nor more
than ninety (90) days, or by both such fine and imprison¬
ment.
Jurisdiction of Offenses
Sec. 3. Justices of the peace in their respective jurisdic¬
tions shall have power to hear and determine all cases
arising under the provisions of this act.
89
Connecticut
Motor Vehicle Law
[Approved August 10, 1909.]
Definitions
Section 1. Terms used in this chapter shall be construed
as follows, unless other meaning is clearly apparent from
language or context, or unless such construction is incon¬
sistent with the manifest intention of the legislature:
"Dealer" shall include every person who is engaged in the
business of buying, selling, or exchanging motor vehicles
and every person who maintains for hire not more than
two motor vehicles. "Liveryman" shall include every
person who, whether engaged in buying, selling, or ex¬
changing motor vehicles or not, maintains for hire more
than two motor vehicles or who maintains for hire one
or more taxicabs. "Intersecting highway" shall mean any
highway which joins another at an angle, whether or not it
crosses the other. "Motor cycle" shall apply only to motor
vehicles having but two wheels in contact with the ground.
"Motor vehicles" when used in this act, except when
otherwise expressly provided, shall include all vehicles pro¬
pelled by any power other than muscular, except road
rollers, street sprinklers, fire engines and fire department
apparatus, police patrol wagons, ambulances, and such vehi¬
cles as run only upon rails or tracks. "Non-resident"
shall apply to residents (tf states or countries who have no
regular place of abode or business in this state for a period
of more than three months in the calendar year. "Number
plate" shall mean the sign or marker furnished by the
secretary of the state on which is displayed the register
number or mark of a motor vehicle assigned to such motor
90
CONNECTICUT
vehicle by said secretary. "Operator" shall mean any
person who operates a motor vehicle. "Person," wherever
used in connection with the registration of a motor vehicle,
shall include any corporation, association, co-partnership,
company, firm, or other aggregation of individuals which
owns or controls any such vehicle as owner, or for the pur¬
pose of sale, or for renting as agent, salesman, or other¬
wise. "Police ofiicer" or "officer" shall include any con¬
stable or other officer authorized to make arrest or to serve
process, provided he is in uniform or displays his badge of
office. "Register number" shall apply to the number or
mark assigned by said secretary to a motor vehicle,
whether or not such number or mark includes a letter or
letters. "Secretary" shall include secretary of the state
and the supervisor of motor vehicles.
Transfer of Ownership
Manner of Registration
Sec. 2. Every owner of one or more motor vehicles shall
file annually in the office of the secretary, on a blank fur¬
nished by said secretary, a statement of his name, resi¬
dence, postoffice address, and a description of each motor
vehicle owned or controlled by him, including the name of
the maker, the number, if any, affixed by the maker, tho
character of the motor power, and such other information
as shall be required by said secretary; and said secretary,
or his duly authorized agent, shall register such motor
vehicle, assigning to it a distinguishing number or mark,
and shall thereupon issue to the owner thereof a certificate
of registration which shall contain the amount of the motor
power of such motor vehicle stated in figures of horse
power, such horse power, in the case of internal combustion
engines, to be determined in accordance with the formula
adopted by the Association of Licensed Automobile Man¬
ufacturers, and in the case of steam and electric cars and
motor vehicles, the amount of such horse power.to be taken
as advertised by the maker thereof, and if such motor vehi¬
cle has two ratings of horse power, the registration to be
based upon the higher rating, the name, place of residence,
1)1
AUTOMOBILE LAW
and postoflSce address of the owner, and the number or
mark assigned to such motor vehicle, and shall be in such
form and contain such further information as said secre¬
tary may determine. Such certificate shall at all times be
carried upon such motor vehicle and shall be subject to
examination upon demand by any proper ofScer. An appli¬
cant for the registration of a motor vehicle who does not
file his. application therefor until after the first day of
June in any year shall be entitled to a prorata reduction
in the fee for such registration calculated to the first day
of the month in which the application is made. Upon the
transfer of ownership of any motor vehicle its registration
shall expire, and the person in whose name such vehicle is
registered shall return forthwith the certificate of regis¬
tration to the secretary with a written notice containing
the date of such transfer of ownership, and the name, place
of residence, and post-oflSce address of the new owner. A
person who transfers to another the ownership of a regis¬
tered motor vehicle owned by him, upon the filing of a new
application, and upon the payment of the proper fee, may
have registered in his name another motor vehicle for the
remainder of the calendar year, provided the horse power
of such motor vehicle is the same or less than that of the
motor vehicle next preceding registered by him; but if the
horse power of the motor vehicle is greater than that of the
motor vehicle next preceding registered by him, the appli¬
cant shall pay, in addition to said fee, the difference be¬
tween the fee paid by him for the motor vehicle next pre¬
ceding registered by him and the fee for the registration
of the motor vehicle of the higher horse power. The reg¬
istration of every motor vehicle shall expire at midnight
on the thirty-first day of December in each year.
Begistration by Manufacturer or Dealer
Sec. 3. Every dealer, liveryman, or manufacturer of motor
vehicles may, instead of registering each motor vehicle
owned or controlled by him, make application to said sec¬
retary for a general distinguishing number or mark, and
the secretary may, if satisfied as to the facts stated in said
92
CONNECTICUT
application, issue to the applicant a certificate of regis¬
tration containing the name, place of residence, and busi¬
ness address of the applicant, and the general distinguish¬
ing number or mark assigned to him, and made in such
form and containing such further information as said sec¬
retary may' determine, and every motor vehicle owned or
controlled by such manufacturer, dealer, or liveryman shall,
until sold or loaned for a period of more than five succes¬
sive days, be regarded as. registered under, and have as¬
signed to it, such distinguishing number or mark. Manu¬
facturers, dealers, or liverymen shall not be required to
carry such certificates upon the vehicles registered under
the provisions of this section, but every person operating
a motor vehicle registered under the provisions of this
section shall display on such vehicle, in such manner as
said secretary may prescribe, the operator's license, num¬
ber assigned to such person. The registration of every
motor vehicle registered under the provisions of this sec¬
tion shall expire at midnight on the thirty-first day of De¬
cember in each year. (1).
(1) In pursuance of the provisions of Section 3 of this Act.
the secretary has prescribed the following method for the display
of operators' license numbers on motor vehicles registered under
the provisions of said section:
"The number shall be painted or enameled on a stilt metal
plate, the figures thereon shall be not less than four Inches high
and each stroke thereon shall be not less than one-half Inch wide
and the figures shall be three-quarters inch apart. The color of
the figures shall be bright yellow and the background black. The
plates or markers shall be securely fastened to the back of the
seat on unfinished or test cars, and on finished motor vehicles they
shall be securely fastened, so as not to swing, on the rear of the
motor vehicle In some position as conspicuous as is required for
the marker on which Is displayed the register number of the car."
Manner of Display of Markers
Sec. 4. Every motor vehicle, except motor cycles, shall, at
all times while in use or operation upon the public high¬
ways of this state, have displayed in a conspicuous place,
at the front and rear, the registered number plates or
markers furnished by the secretary. Said plates shall be
in such form as said secretary may determine, shall bear
the initial letter of the state, and the figures of the regis¬
tered number thereon shall be not less than four inches
93
AUTOMOBILE LAW
high and each stroke not less than five-eighths of an inch
wide, and each digit thereof shall occupy a space not less
than three and one-half inches in width. Said secretary
shall furnish annually, without charge, not more than one
pair of number plates for each individual registered owner,
and not more than six pairs of plates for dheh registered
manufacturer, liveryman, or dealer, upon application there¬
for. Such number plates, upon such motor vehicle, shall, at
all times, be entirely unobscured, and the registered num¬
ber and letters thereon shall, at all times, be plainly legi¬
ble. The rear number plate shall, at all times, be plainly
legible. The rear number plate shall be horizontal, shall be
so 'fastened as not to swing; the lower edge thereof shall
be at least eighteen inches from the ground, and, during
the times when a motor vehicle is required to display lights,
said rear registered number shall be so illumined as to be
legible at a distance of sixty feet. Not more than one
set of number plates and one operator's license number
plate shall be displayed on any motor vehicle in operation
on the public highways of this state. If any number plate
supplied by the secretary is lost or mutilated, or if the reg¬
ister number thereon becomes illegible, the owner or per¬
son in control of the motor vehicle for which such number
plate was furnished shall immediately place a temporary
number plate bearing his register number upon such motor
vehicle; provided, however, that such temporary number
plate and the register number thereon shall conform to the
regular number plate and be displayed as nearly as possi¬
ble as herein provided for said regular number plates; and
shall, within twenty-four hours after such loss or mutilation
of his number plate, as aforesaid, notify the secretary of the
same and apply for a new number plate, and thereupon said
secretary shall supply a new plate upon the payment of
the fee therefor, as hereinafter provided.
Markers on Motor Cycles
Sec. 5. Every motor cycle shall, at all times while being
used or operated upon the public highways of this state,
have displayed thereon the initial letter of this state and
94
CONNECTICUT
the number or mark assigned to such motor cycle, such
letter and figures to be at least one inch high and either
painted on. such motor cycle or displayed on a plate or
marker securely fastened thereto, and no motor cycle shall
be operated with its miiflSer opened.
Brakes—Bells—Horns—Lamps
Sec. 6. Every motor vehicle of more than ten horse power,
while in use on the public highways of this state, shall be
provided with at least two brakes, powerful in action and
separated from each other, of which one brake shall act
directly on the driving wheels or on parts of the mechan¬
ism which are firmly connected with said wheels. Either
one of the two brakes shall be sufficient to stop the motor
vehicle within a reasonable distance. One of the two
brakes shall be so arranged as to be operated with the foot;
provided, however, that, on motor vehicles not exceeding
ten horse power, one brake shall be deemed to be sufficient.
Every motor cycle shall be provided with at least one
brake, which brake may be operated by hand. Every motor
vehicle so operated shall be provided with a suitable bell
or horn, and shall, during the period, from one-half hour
after sunset to one-half hour before sunrise, display at least
two white lights on the forward part of said vehicle, and
every motor cycle so operated, at least one white light,
which lights shall be visible not less than two hundred
feet in the direction toward which the vehicle is proceed¬
ing; every motor vehicle, except motor cycles, so operated,
shall have a rear light so placed as to show a red light
from behind, and a white light so arranged as to illuminate
the rear number plate in accordance with the provisions
of section four. No motor vehicle shall be operated upon
the public highways within the limits of any city or bor¬
ough of this state at any time, and no motor vehicle shall
be operated on any other public highway between the hours
of nine o 'clock in the evening and six o 'clock in the morn¬
ing, unless the engine of such vehicle shall be fully and
completely mufiled while so operated, nor shall the operator
thereof use or operate thereon any other device for signal
95
AUTOMOBILE LAW
except a horn, air or gas blown whistle, or bell, excepting
fire apparatus.
Operator's License—Manner of Issuance and Expiration
Sec. 7. No person shall operate a motor vehicle upon the
public highways of this state until he shall have obtained
from the secretary a license for that purpose, but no such
license shall be issued until said secretary, or his author¬
ized agent, is satisfied that the applicant is a proper per¬
son to receive it. Nothing herein contained shall prevent
the operating of a motor vehicle by an unlicensed person
sixteen years of age or more, other than a person whose
application has been refused or whose license has been
suspended or revoked, if accompanied by a licensed opera¬
tor, which licensed operator shall be personally liable for
any violation of the provisions of this act. Licenses for
operating mo'^or vehicles shall be issued by said secretary,
but no license shall be issued to any person under the age
of eighteen years. Applications for licenses shall be made
upon blanks furnished by said secretary, and such applica¬
tion blanks shall be in such form and contain such pro¬
visions, not inconsistent with this act, as said secretary
may determine. A number shall be assigned to each license,
and a proper record of all applications for licenses and
licenses issued shall be kept by said secretary at his office,
and shall be open to public inspection. Each license shall
state the name, place of residence, and post-office address
of the liceusee and the number assigned to him, and such
provisions, not inconsistent with this act, as said secretary
may determine. Every person licensed to operate motor
vehicles as aforesaid shall endorse his usual signature on
the margin of the license, in a space provided for the pur¬
pose, immediately upon the receipt of said license, and
such license shall not be valid until so endorsed. Said
licenses shall expire at midnight on the last day of Feb¬
ruary in each year. Such a license shall, at all times, be
carried by the licensee when he is operating a motor vehi¬
cle upon the highways of this state, and shall be subject to
examination upon demand by any proper officer.
96
CONNECTICUT
Registration Fees
Sec. 8. The secretary shall collect fees as follows: For the
registration of every motor cycle, one dollar; for the reg¬
istration of every commercial motor vehicle, and every mo¬
tor truck, regardless of the horse power thereof, five dol¬
lars; for the registration of every motor vehicle owned or
controlled by a liveryman, ten dollars; for the registra¬
tion of every other motor vehicle, sixty cents per horse
power for motor vehicles of twenty-five horse power or
more, and fifty cents per horse power for those under
twenty-five horse power, said horse power to be determined
according to the provisions of section two of this act; for
the substitution of the registration of a motor vehicle pre¬
viously registered in accordance with the provisions of sec¬
tion two of this act, two dollars; for each motor vehicle
engine owned by or under the control of a manufacturer
of motor vehicles and tested or operated on the highways
of the state, one dollar for each such engine, and every
such manufacturer shall, on or before December 31, in
each year, make a written report, under oath, to the sec¬
retary, of the number of engines so tested or operated
during the year last preceding; for registration of all the
motor vehicles owned by or under the control of a dealer
in motor vehicles, twenty dollars; for every operator's
license to operate motor vehicles, two dollars; for every
additional copy of a certificate of registration or license,
fifty cents; for every additional set of number plates
furnished to replace such as have been lost or mutilated,
or which are illegible, and for every additional set of
number plates furnished to a manufacturer of motor vehi¬
cles or to a dealer or liveryman whose business requires
more than six pairs of such plates, one dollar; provided,
however, that said secretary, or his authorized agent, may
furnish without charge copies of certificates of registra¬
tion and licenses to operate and copies of other documents
relating thereto to oflScers of the state, or of any court
thereof, or of a city or town therein. (As amended August
26, 1909.)
97
AUTOMOBILE LAW
Orounds and Method of Suspension of Beglstration and Li¬
censes—J urlsdiction
Sec. 9. The secretary may suspend or revoke any certifi¬
cate of registration or any license issued to any person un¬
der the provisions of this act, after due hearing, for any
cause which he may deem sufficient, and may suspend the
license of any operator, in his discretion and without a
hearing, and may order such certificate or license to be de¬
livered to him whenever he has reason to believe that the
holder thereof is an improper or incompetent person to
operate motor vehicles, or is operating improperly or so
as to endanger the public; and neither the license nor the
certificate of registration rhall be reissued, unless upon
investigation or examination, or after a hearing, except,
as hereinafter provided, said secretary determines that the
operator should again be permitted to operate; and no
motor vehicle, the registration of which has been so sus¬
pended or revoked, shall be registered in the name of any
person until at least thirty days from the date of suspen¬
sion or revocation, unless said secretary shall determine
otherwise. Whenever the death of any person results from
any accident in which a motor vehicle is concerned, said
secretary shall forthwith suspend the license of the opera¬
tor of the motor vehicle involved in said accident and or¬
der the said license to be delivered to him, and shall revoke
the same, unless, upon investigation or after a hearing,
he determines that the accident occurred without serious
fault upon the part of such operator. No operator whose
license is so revoked shall be licensed again within two
years after the date of the revocation, nor thereafter ex¬
cept in the discretion of said secretary. Notice of the rev¬
ocation or suspension of any license or certificate of regis¬
tration shall be transmitted forthwith by said secretary to
the chief of police of the city or prosecuting officers of
the borough or town in which the person whose license or
certificate of registration so revoked or suspended resides.
In the administration of the laws and regulations relating
to motor vehicles and to their operators and the operation
thereof, the secretary of the state may summon witneaaeg
98
CONNECTICUT
in behalf of the state and may administer oaths and take
testimony and may also cause depositions to be taken and
may order, when necessary for the carrying out of such
provisions or any of the powers granted him thereby, the
production of book^, papers, and documents. Any person
who swears or affirms falsely in regard to any matter or
thing respecting which an oath or affirmation is required
by said secretary, or by this act, shall be deemed guilty of
perjury. The fees for the attendance and travel of wit¬
nesses shall be the same as for witnesses before the superior
court, and shall be paid by the state upon the certificate of
said secretary, which shall be filed with the comptroller.
The superior court shall have jurisdiction in equity, upon
the application of said secretary, to enforce all lawful or¬
ders of the secretary under this section. (As amended Au¬
gust 26, 1909.)
Non-Besidents
Sec. 10. Any non-resident of this state who has complied
with the laws of the state within which he resides, rela¬
tive to motor vehicles and the operation thereof, may use
the highways of this state not exceeding ten days in any
one year without complying with the provisions of this
act relative to the registration of motor vehicles and the
licensing of operators, but every such person shall cause
to be displayed on his motor vehicle the distinguishing
number or mark of the state within which he resides, and
said number or mark shall be displayed upon two plates
substantially as provided in section four of this act; pro¬
vided, however, that if any non-resident be convicted of
violating any provision of section eleven, twelve, eighteen,
or nineteen hereof he shall thereafter be subject to and re¬
quired to comply with all of the provisions of this act.
General Speed Bates
Sec. 11. No person shall operate a motor vehicle on the
public highways of this state recklessly or at a rate of
speed greater than is reasonable and proper, having regard
99
AUTOMOBILE LAW
to the width, traffic, and use of the highway, or so as to
endanger the property or the life or limb of any person.
Approaching Animals—Signal of Distress
Sec. 12. Upon approaching any person walking in the
traveled portion of any highway, or a horse or any other
draft animal being led, ridden, or driven therein, and in
passing such person or such horse or other draft animal,
the person operating a motor vehicle shall have the same
under control and shall reduce its speed when reasonable
care requires. If such horse or other draft animal being
so led, ridden, or driven, shall appear t(> be frightened,
and if the person in charge thereof shall signal so to do,
the person operating such motor vehicle shall bring the
same immediately to a stop, and if traveling in the oppo¬
site direction shall remain stationary so long as may be
reasonable to allow such horse or other animal to pass, or
if traveling in the same direction shall use reasonable cau¬
tion in thereafter passing such horse or other animal. Up¬
on approaching an intersecting highway, or a curve or a
corner of a highway, every person operating a motor vehi¬
cle shall slow down when reasonable care requires and
shall give a timely signal with his bell or horn and keep to
the right of the intersection of the center of both high¬
ways when turning to the right, and pass to the right of
the intersection of the centers of said highways before
turning to the left.
Prima Facie Evidence of Excessive Speed
Sec. 13. If the rate of speed of a motor vehicle operated
on a public highway of this state exceeds twenty-five miles
an hour for the distance of one-eighth of a mile, such rate
of speed shall be prima facie evidence that the person ope¬
rating such motor vehicle is operating the same at a rate
of speed greater than is reasonable and proper, and in viola¬
tion of the provisions of section eleven of this act. If the
rate of speed of a motor vehicle, excepting within the
limits of an incorporated city, operated on the public high¬
ways of this state, where the operator's view of the road
100
CONNECTICUT
and traflBc is obstructed, when approaching a crossing or
intersecting public highway, or when traversing a bridge,
or a sharp turn or steep descent, or a curve in a highway,
exceeds ten miles an hour, such rate of speed shall be
prima facie evidence that the person operating such motor
vehicle is operating the same at a rate of speed greater
than is reasonable and proper, and in violation of the pro¬
visions of section eleven of this act. If the rate of speed
of a motor vehicle operated upon the public highways of
this state in passing any street railway car that is station¬
ary or about to stop, on the same side of the car on which
passengers are ordinarily received or discharged, exceeds
three miles an hour, such rate of speed shall be prima facie
evidence that the person operating such motor vehicle
is operating the same at a rate of speed greater than is
reasonable and proper, and in violation of the provisions
of section eleven of this act.
Powers of Local Authorities
Sec. 14. No city, town, or borough shall have power to
make any ordinance, by-law, or resolution respecting the
speed of motor vehicles, and no ordinance, by-law, or reso¬
lution made by any city, town, or borough, in respect to
the speed of motor vehicles shall have any force or effect;
provided, however, that power given to any town, city,
or borough to regulate shows, processions, assemblages, or
parades in streets and public places and to regulate the use
of public parks, and all ordinances, by-laws, or regulations
which may have been or which may be enacted in pursu¬
ance of such powers, shall remain in full force and effect.
Operation Without Owner's Fennission Prohibited—^Penal¬
ties
Sec. 15. No person shall operate or use any motor vehicle
upon the public highways of this state without the per¬
mission of the owner.
Sec. 16. Any person operating a motor vehicle upon the
highways of this state who fails to comply with any of the
provisions of section two, three, six, or seven of this act,
101
AUTOMOBILE LAW
or who violates any provision of section seventeen, or
after his license to operate has been suspended or revoked,
and any person convicted of operating or causing or per¬
mitting any other person to operate a motor vehicle after
the certificate of registration for such vehicle has been
suspended or revoked, and any person who attaches or per¬
mits to be attached to a motor vehicle a number plate as¬
signed by the secretary to another vehicle, or who ob¬
scures or allows to be obscured the figures on any number
plate attached to any motor vehicle, or who fails to din-
play on a motor vehicle the number plate and the register
number duly issued therefor, shall be fined not more than
one hundred dollars, or imprisoned not more than ten days,
or both. No recovery shall be had in the courts of this
state by the owner, operator, or passenger of a motor vehi¬
cle which has not been registered in accordance with sec¬
tion two or section three of this act, for any injury to
person or property received by reason of the operation of
said motor vehicle in or upon the public highways of this
state, unless said motor vehicle is the property of a non¬
resident and is within the provisions of section ten of this
act. Nor shall such recovery be had if the motor vehicle be
registered but is being operated by an unlicensed person in
violation of section seven of this act.
Tampering Prohibited
Sec. 17. No person shall interfere or tamper with a motor
vehicle without permission of the owner.
Certain Persons Forbidden to Operate—^Penalties
Sec. 18. Any person operating a motor vehicle upon the
highways of this state in violation of section eleven or
twelve, or while under the influence of intoxicating liquor,
or upon a bet, wager, or in a race, or who operates a motor
vehicle for the purpose of making a record and thereby
violates any provision of section eleven or twelve of this
act, or who knowingly goes away without stopping and
making himself known after causing injury to any person
or property, shall be fined not more than five hundred dol¬
lars, or imprisoned not more than one year, or both, and if
102
CONNECTICUT
any person be convicted the second time of operating a
motor vehicle while under the influence of intoxicating
liquor, or for any violation of section fifteen of this act,
he shall be imprisoned for a term of not less than six
months and not more than two years. A conviction of any
offense involving a violation of this section shall be re¬
ported forthwith by the clerk of the court or justice of the
peace to the secretary of the state, who, upon a second or
subsequent conviction, shall revoke immediately the license
of the person so convicted. If it appears by the records
of said secretary that the person so convicted a second
time is the owner of a motor vehicle, or the employe of
an owner of a motor vehicle employed by such owner when
the first conviction was had, said secretary shall revoke
the certificate of registration of such owner, or of the em¬
ployer, or of the employe so convicted. Whenever any
person convicted of any violation of this section appeals,
said secretary shall suspend, forthwith, the license of the
person so convicted, and shall order the license delivered
to him, and shall not reissue the same unless such person is
acquitted upon such appeal, or unless said secretary, in his
discretion, after an investigation or upon a hearing, decides
to reissue it. Whenever any license or certificate shall
have been revoked under the provisions of this section, no
new license or certificate shall be issued by said secretary
to such person until after thirty days from the day of
such final conviction, nor thereafter except in the discre¬
tion of said secretary, and such vehicle or vehicles shall
not be registered in the name of any other person during
said thirty days. A fee of one dollar shall be allowed to
the clerk of the court or the justice of the peace reporting
a conviction under the provisions of this section, said fee
to be taxed as a part of the costs in the case.
Penalty for Giving False Information, etc.
Sec. 19. Any person who, while operating or in charge of
a motor vehicle, shall refuse, when requested by an officer,
to give his name and address or the name and address of
the owner of such motor vehicle, or who shall give a false
103
AUTOMOBILE LAW
name or address, or who shall refuse or neglect to step
when signalled to stop by any olTicer, or who refuses on de¬
mand of such ofBcer to produce his license to operate such
vehicle, or his certificate of registration, or to permit such
ofScer to take the license or certificate in hand for the pur¬
pose of examination, or who refuses on demand of such
officer to sign his name in the presence of such officer, and
any person who, on the demand of an officer acting under
instructions from the secretary, without a reasonable ex¬
cuse, fails to deliver his license to operate motor vehicles,
or the certificate of registration of any motor vehicle op¬
erated or owned by him, or the number plates furnished
by the secretary for such motor vehicle, or who refuses or
neglects to produce his license when requested by a court
or trial justice, shall be fined not more than one hundred
dollars.
Jurisdiction of Offenses
See. 20. In all complaints for the violation of any pro¬
vision of this act, the justice of the peace before whom
the same may be tried shall have jurisdiction and power to
render judgment and issue process of execution and mitti¬
mus thereon where such fine or penalty imposed shall not
exceed two hundred dollars, or imprisonment for thirty
days, or both, but the defendant shall have the right of ap¬
peal as in other cases. The justice of the peace or court
before whom a final conviction shall be had under the pro¬
visions of this act shall endorse upon the license of the
person convicted the dates and particulars of such con¬
viction.
Records of Convictions
Sec. 21. A full record shall be kept by every court or jus¬
tice of the peace of every case in which a person is con¬
victed of any offense involving a violation of any of the
provisions of this act, and a certified abstract of such
record, the expense of which shall be taxable as costs in
such case, shall, within ten days after the date of such
conviction, be transmitted by the clerk of such court or
104
CONNECTICUT
the justice of the peace to the secretary. Such courts and
justices of the peace shall furnish to said secretary the
details of all flagrant cases which may be heard before
them, and shall make such recommendation to said secre¬
tary as to the suspension or revocation of the licenses of
the parties defendant in such cases as they may deem
proper.
Appeals
Sec. 22. Appeals from the decision of the secretary made
under the provisions of this.act may be taken to the super¬
ior court within the county where the appellant resides,
and appeals by any person residing outside of this state
shall be taken to the superior court within Hartford county.
The provisions of section 2658 of the general statutes con¬
cerning appeals from the decision of county commissioners
shall, so far as the same are applicable, govern the appeals
from said secretary herein provided for.
Disposal of Fines and Fees
Sec. 23. All fines collected for violation of any of the
provisions of this act shall be paid over to the secretary
by the clerk of the court or the justice of the peace im¬
posing the same, and all fees imposed by this act and col¬
lected by said secretary, together with all fines received by
him as aforesaid, shall be by him paid monthly into the
treasury of the state, and said money shall be expended
under the direction of the highway commissioner for the
maintenance of state highways, without specific appropria¬
tion by the general assembly, in addition to all sums al¬
ready appropriated or that may hereafter be appropriated
by the general assembly for the same purpose, and in the
expenditure upon the highways of the moneys so received
the provisions of section three of chapter 264 of the public
acts of 1907, with regard to reimbursement by the towns,
shall not be applicable.
105
AUTOMOBILE LAW
Repeal
See. 24. Chapter 221 of the public acts of 1907 and all
acts and parts of acts inconsistent herewith are hereby re¬
pealed.
Date in Effect
Sec. 25. This act shall take effect September 1, 1909.
Law of the Road
[Approved July 6, 1905.]
Definition of "Vehicle"
Section 1. Whenever the term "vehicle" is used in this
act it shall include bicycles, tricycles, motor bicycles, mo¬
tor vehicles of all kinds, vehicles drawn by horses or other
animals, and all other vehicles used for the carriage of
persons or goods, no matter how propelled, excepting only
such vehicles as are run only upon rails or tracks.
Duty When Meeting or Overtaking Vehicle
Sec. 2. Whenever a person walking in the traveled por¬
tion of a public highway, or a person riding, driving, or
leading a horse or other animal therein, or driving or op¬
erating a vehicle therein, shall meet another person thus
walking or thus riding, driving, or leading a horse or other
animal, or thus driving or operating a vehicle, if such per¬
sons are moving in opposite directions each shall slacken
his pace, if necessary, and seasonably turn to the right so
as to give half of the traveled road, if practicable, and a
fair and equal opportunity to pass, to the other; or, if
they are moving in the same direction, the person over¬
taking shall pass on the left side of the person overtaken,
and the person overtaken shall, as soon as practicable,
turn to the right so as to give half of the traveled road
and a free passage on the left, to the other. Any such per¬
son shall, at the intersections cf public highways, keep to
the right of the intersection of the centers of such high¬
ways when turning to the right, and pass to the right of
such intersectioo when turning to the left,
106
CONNECTICUT
Liability for Damages
Sec. 3. Every such person who shall, by neglecting to con¬
form to the provisions of section two of this act, cause
any injury to the person or property of another, or shall
negligently collide with another, thereby causing such in¬
jury, shall pay to the party injured treble damages and
costs.
Liability for Acts of Agent or Servant
Sec. 4. If the owner of any horse or other animal, or of
any vehicle, shall entrust such animal or vehicle to his
agent, servant, or employe, to be ridden, led, driven, or
operated by such agent, servant, or employe upon the public
highways of this state, or shall rent or loan the same to an
incompetent and inexperienced person to be thus ridden,
led, driven, or operated, and such agent, servant, or em¬
ploye, while in the execution of such owner's business
within the scope of his authority, or such incompetent and
inexperienced person, as a result of such incompetency and
inexperience, shall, by neglecting to conform to the pro¬
visions of section two of this act, cause any injury to the
person or property of another, or shall negligently collide
with another, thereby causing such injury, such owner shall
pay to the party injured his actual damages and costs; but
in every case the party injured shall elect whether he shall
proceed against such owner under the provisions of this
action or against the person actually causing such injury
under the provisions of section three of this act.
Fines
Sec. 5. Any person violating any of the provisions of
section two of this act shall be fined not more than fifty
dollars.
107
Delaware
Motor Vehicle Law
[Approved April 29, 1909.]
Duty to Register
Section 1. Except as hereinafter provided, no motor ve¬
hicle shall be operated or driven upon any public street,
road or turnpike or highway in this state until the said
motor vehicle shall have been registered with the secre¬
tary of state.
Application for Registration—Fees—^Markers
Sec. 2. Every resident of this state who is the owner of
a motor vehicle, and every non-resident, except as here¬
inafter provided, shall, annually, apply to the secretary of
state for the registration of the said motor vehicle. The
application shall contain the name, place of residence and
correct post-office address of the owner, with a brief de¬
scription of the motor vehicle, stating the name of the
maker, manufacturer's number and character of the mo¬
tive power and rated horse power. The said application
shall be made upon a blank provided for the purpose by
the secretary of state. It shall be signed by the owner
and shall be verified by oath or affirmation. Upon receipt
of the application and a fee of three dollars for a motor
cycle and a fee of five dollars for any other motor vehicle,
the secretary of state shall register the said motor vehicle
in a book to be kept for that purpose, and shall issue to
the owner a registration certificate and the secretary of
state at the expense of the state shall provide two number
tags containing the registration number, the figures of
which shall not be less than five inches in height, and the
abbreviated name of the state and the year. Provided,
108
DELAWARE
however, that non-residents of this state shall be entitled
to the same exemptions from the provisions of this act as
are granted to the citizens of this state by the laws of
the state in which said non-residents reside. The fees pro¬
vided for by this Act shall include all the fees due the
Secretary of state upon any license or certificate provided
for by this Act.
Display of Markers
Sec. 3. No motor vehicle shall be operated upon any pub¬
lic street, road, turnpike or highway unless the number
tags are carried conspicuously, one on the front and the
other on the rear of the motor vehicle in such manner that
they may be easily read. They shall be parallel to the
axles of the motor vehicles, and shall be kept free from
oil, grease, dirt or other substance likely to impair their
legibility; and between one hour after sunset and one hour
before sunrise, the rear number tags shall be illuminated
BO that the number can be plainly distinguished when the
motor vehicle is in use. Provided that when used upon
motor cycles the number tags shall be attached so that
they may be plainly read from both sides of the said
motor cycle instead of being attached to the front and
rear; and provided further that the requirements as to
illuminating the rear number tag shall not apply to motor
cycles. Not more than one set of number tags shall be
displayed upon any motor vehicle, except as provided in
section 2 for non-residents. No owner or operator of any
motor vehicle shall be subject to fine or arrest when one
number tag is missing, provided he make affidavit that the
same has been lost or removed without his knowledge or
consent, and that he will promptly provide a new tag.
License to Operate—Fees—^Display
Sec. 4. No person, except as provided for non-residents
in section 2, shall operate a motor vehicle other than a
motor cycle, upon the public streets, roads, turnpikes or
highways of this state unless he has first obtained from the
secretary of state a license. No license shall be issued to,
nor shall any motor vehicle be operated by any person
109
AUTOMOBILE LAW
under sixteen years of age. Application for license shall
be made in writing upon a blank furnished by the secre¬
tary of state, and shall contaiii the name of the applicant,
his place of residence, including city or town, street and
number, and his postofSce address, and shall state that
he is over sixteen years of age and is qualified to operate
a motor vehicle. It shall be signed by the applicant's own
hand and verified by oath or affirmation. Upon receipt of
the application and a fee of five dollars, the secretary of
state shall issue to the applicant a license. The license
shall contain the licensee's name and residence, and the
date and number of the license, and shall be carried by
the licensee at all times when operating a motor vehicle.
Date of Expiration of Registration and License
Sec. 5. Motor vehicles may be registered and licenses is¬
sued at any time during the year, but all registration and
licenses shall cease to be effective on the thirty-first day
of December of the year issued. A registration certificate
or license issued to one person shall not be transferred to
another person, and no operator's license shall be issued to
a firm or corporation nor in the name of more than one
person. Upon the transfer of ownership of any motor ve¬
hicle, its registration shall expire, and it shall be the dnty
of the person in whose name such vehicle is registered to
immediately notify the secretary of state of the name and
address of the new owner, and to return to the said secre¬
tary of state the registration certificate for the vehicle so
transferred. Should the original owner make application
for the registration of another motor vehicle within the
period of two months, accompanied by a fee of one dollar,
he shall be assigned the number previously issued to him.
Registration by Manufacturer or Dealer
Sec. 6. Motor vehicles, operated by manufacturers or deal¬
ers for the purpose of testing or selling, shall bo exempt
from the necessity of individual registration, provided
said manufacturer or dealer registers with the secretary of
state in the "dealer's class." Application for such regis¬
tration stating the number of cars to be registered, shall be
110
DELAWARE
made upon a blank provided for the purpose by the said
secretary of state which shall state the name and business
of the applicant, and shall be verified by oath or affirma¬
tion. Upon receipt of the application and a fee of five
dollars for each car to be registered, the secretary of
state shall issue to the applicant a certificate of registra¬
tion, and the manufacturer or dealer shall provide a pair
of number tags which shall contain numbers of registra¬
tion in figures not less than five inches in height, the year
and the words "Delaware Dealer." Such car shall be
operated only by licensed drivers who shall have authority
to operate motor vehicles bearing the said tags for testing
or demonstrating purposes, or for hire.
Penalty for Intoxication—Jurisdiction of Offense.
Sec. 7. No person when intoxicated shall operate a motor
vehicle under penalty of a fine of not more than one hun¬
dred dollars or imprisonment not exceeding thirty days
or both. Any justice of the peace of the state or judge of
the municipal court of the city of Wilmington shall have
power and jurisdiction to hear and determine the offense
created by this section.
License Not Transferable
Sec. 8. No person having been licensed shall operate a
motor vehicle under another license, nor operate an un¬
registered motor vehicle. No motor vehicle shall be op¬
erated under any other number than that of its own regis¬
tration.
Brakes, Bells, Horns, Lamps
Sec. 9. Every motor vehicle shall be provided when in
use with good and sufficient brakes, and with a horn, bell
or other signal device, which shall be sounded whenever
necessary to insure the safety of other users of the high¬
way. Motor vehicles shall, from one hour after sunset
until one hour before sunrise, show at least one white light
visible not less than two hundred feet in the direction to¬
ward which the motor vehicle is proceeding, and one red
light shall be shown visible in the opposite direction.
Ill
AUTOMOBILE LAW
Chains
Sec. 10. The use of chains on the wheels of motor vehicles
is prohibited, except on highways of natural dirt, plank,
asphalt, cobble, brick, Belgium block, or on at least one
inch of ice or hardened snow, except in cases where the
condition of other highways is such as to render their use
necessary for the safety of the users of the highways.
Warnings—Approaching Animals
Sec. 11. Upon approaching any person walking upon the
public highways, or a horse, horses, or other draft animals
being led, ridden or driven, the operator of the motor ve¬
hicle shall give reasonable warning of his approach and
use every precaution to avoid injuring such persons or
frightening such animals, bringing his motor vehicle to a
stop, should such animals appear to be unmanageable,
stopping his engine, if the occasion requires it, until such
animals have had sufficient time to pass. In case of in¬
jury to person or property due to the operation of a motor
vehicle, the operator of said vehicle shall stop, and upon
the request of the person injured, or in whose custody such
property then was, give his name and address, and that of
the owner of said motor vehicle.
Signal of Distress
Sec. 12. Every person driving a motor vehicle shall, at
request or upon signal by putting up the hand or otherwise
from a person riding or driving a horse or horses in the
opposite direction, cause the motor vehicle to stop and re¬
main stationary so long as may be necessary to allow said
horse or horses to pass on.
Law of the Boad
Sec. 13. Whenever a person operating a motor vehicle,
or any person, riding, driving or leading a horse, horsea
or other draft animals, shall meet any other vehicle or
other draft animals, the operators, drivers or persons hav¬
ing such animals in charge, shall seasonably turn to the
right of the center of the said highway, so that such ve¬
hicle or animals may pass without interference, and the
112
DELAWARE
driver of any vehicle overtaking any other vehicle or draft
animals being led, ridden or driven upon any public high¬
way, shall pass to the left thereof, the driver of such ve¬
hicle or person having charge of such animals so over¬
taken shall turn to the right of the center of the road to
allow free passage to the left.
Speed Bates—^Ambulances, etc.. Excepted
Sec. 14. The following rates of speed may be maintained
but not exceeded. Upon any public street or highway
where the buildings are less than an average distance
apart of one hundred feet, a rate of speed of one mile in
five minutes shall be permitted, but not exceeded, which,
however, shall be reduced to the rate of one mile in six
minutes at curves and at intersections of other streets or
highways. Upon any public street or highway where the
buildings are of greater distance apart than one hundred
feet, a rate of speed of one mile in three minutes shall be
permitted, but not exceeded, but this rate of speed shall be
reduced to one mile in five minutes at all curves, intersect¬
ing roads, in descending steep hills, and in passing other
vehicles, provided that nothing in this section shall permit
any person to drive a motor vehicle, at a greater rate of
speed than is reasonable, having regard to the traffic, or
Bo as to endanger the safety of any person or injure the
property of any person; provided further that motor vehi¬
cles used as ambulances, or by physicians responding to
emergency calls, or motor vehicles used by the police, fire
department, or military when in performance of duty, are
exempt from any compliance with the provisions of this
section.
Duty to Exhibit Certificate or License
Sec. 15. All operators of motor vehicles shall, upon re¬
quest or signal of any constable or police officer, stop and
exhibit their registration certificates or license, and shall
furnish to any legally constituted authority all informa¬
tion in their possession as to the identity of the operator
or owner of any motor vehicle.
113
AUTOMOBILE LAW
Power of Arrest—Bail
Sec. 16. The constables and police officers of any city,
town or county of this state may arrest upon view and
without warrant any person or persons violating any of
the provisions of this act. In the event of an arrest as
aforesaid, if the defendant is unable to give sufficient bail
for a hearing or for his appearance at court, the magis¬
trate before whom he is first taken may accept as a for¬
feit, conditioned upon the defendant's appearance as afore¬
said, a sum of money equal in amount to the maximum
fines which could be imposed under the provisions of this
act, and the costs, or in lieu of such bail or forfeit may ac¬
cept any article of sufficient value, or hold in custody the
motor vehicle found in the possession of the defendant;
and such magistrate, after the trial of the defendant, if
not sufficient bail according to law has been given in the
meantime, shall make such order as to the disposition of
such motor vehicle or other articles as to him shall seem
just and proper.
Fines and Penalties
Sec. 17. Any person violating any of the provisions of this
act, shall be subject to a fine of not less than ten nor
more than twenty-five dollars, to be collected by summary
conviction before any mayor or justice of the peace or
judge of the municipal court of the city of Wilmington,
as like fines and penalties are now by law collectible; or in
case of non-payment of a fine to undergo an imprisonment
for a period not exceeding ten days. Any person or per¬
sons who have been previously convicted before a mayor,
justice of the peace of this state, or judge of said munici¬
pal court, of any violation of the provisions of this act,
upon commission of a second or subsequent offense within
a period of six months shall be sentenced to pay a fine of
not less than twenty-five dollars nor more than one hun¬
dred dollars, and in case of non-payment of such fine to
undergo an imprisonment for a period not exceeding
twenty days.
114
DELAWARE
Previous Convictioiis
Sec. 18. Any person who has been previously convicted
of any violation of the provisions of this act upon the
commission of a third offense within a period of six
months shall be sentenced to pay a fine of not less than
one hundred dollars nor more than two hundred dollars, or
imprisoned for a period not exceeding three months, or
both, in the discretion of the court. Upon the certification
to the secretary of state by any mayor, justice of the peace
or said judge of a third conviction for violation of the
provisions of this act in any one year, the license issued
to such person so convicted may immediately be revoked
by the secretary of state, and shall not again be reissued
for a period of one year after such revocation.
Bight of Appeal
Sec. 19. Any person convicted under the provisions of
this act shall have the right to an appeal to the court of
general sessions of the county upon giving bond in the
sum of five hundred dollars to the state with surety satis¬
factory to the mayor, justice of the peace or judge before
whom such person was committed. Such appeal to be
taken and bond giyen within two days from the time of
conviction.
Motor Vehicle Defined
Sec. 20. The term "motor vehicle," as used in this act
shall apply to all wheeled vehicles operated by any form
of engine, motor or mechanical power, excepting road
rollers, traction engines and vehicles which move upon or
are guided by a track.
Disposition of Moneys
Sec. 21. The revenue derived from the registration of
motor vehicles and the licensing of operators thereof under
the provisions of this act shall be paid to the stato troas*
urer.
115
AUTOMOBILE LAW
Effect of Licenses Already Issued
Sec. 22. All registration and licenses in effect at the
time of the approval of this act shall continue in force
until the first day of January A. D. nineteen hundred and
ten.
118
District of Columbia
Motor Vehicle Law
[Approved June 29, 1906.]
Speed Bates—Penalties
N» person shall drive or propel, or cause to be driven or
propelled, any automobile, horseless or motor vehicle, bi¬
cycle, or horse-drawn vehicle within the fire limits of the
District of Columbia, as said fire limits are now defined
or may hereafter be defined from time to time in and by
the building regulations of said District, upon any street,
avenue, alley, or public highway at a greater rate of speed
than twelve miles an hour between intersecting streets and
avenues; nor at a greater rate of speed than fifteen miles
an hour through any of the parks within said District;
nor across streets at a greater speed than eight miles an
hour, nor at a greater rate of speed than six miles an hour
around the corners of any street or avenue; nor at a
greater rate of speed than four miles an hour on the east
side of Fifteenth street northwest between the south build¬
ing line of G street and the south curb line of New York
avenue; nor on the west side of Fifteenth street northwest
between the line which would be the south building line of
G street if extended to the west side of Fifteenth street
and from said extended line north to the north curb line
of Pennsylvania avenue; nor at the intersection of Ninth
and F streets northwest between the building lines of the
said streets; nor at the intersection of Ninth and G streets
northwest between the building lines of said streets; nor
at the intersection of Eleventh and F streets northwest
betwen the building lines of the said streets; nor at the
intersection of Eleventh and G streets northwest between
the building lines of the said streets; nor on any public
117
AUTOMOBILE LAW
roadway, street, avenue, or alley within said District
outside of said fire limits at a greater rate of speed than
twenty miles an hour; and when meeting or passing any
other vehicle the speed shall not exceed twelve miles an
hour, and any automobile shall be brought to a full stop
whenever the driver of a horse-drawn vehicle shall signal
by raising the hand, and said vehicles shall at all times be
under the control of the driver or operator; and the driver
or operator and the owner or proprietor riding thereon or
therein violating any of the provisions hereof shall, upon
conviction, for the first offense, be fined not less than five
dollars nor more than fifty dollars, and shall, upon convic¬
tion for the second offense within one year from the com¬
mission of the first offense, be fined not less than ten dol¬
lars nor more than one hundred dollars, or imprisoned for
not less than five days, nor more than thirty days, at the
discretion of the court; and shall, upon conviction for the
third offense within one year from the commission of the
first offense, and for any and all subsequent offenses, be
fined not less than fifty dollars nor more than two hun¬
dred and fifty dollars, and be imprisoned in the workhouse
for not less than thirty days nor more than six months.
Maimer of Prosecution
Sec. 2. Prosecutions for violation of the provisions of this
act shall be on information filed in the police court of
the District of Columbia by the corporation counsel or
any of his assistants.
Powers of District Commissioners
That this act shall not be held to take away the au¬
thority of the Commissioners of the District of Columbia
to make police regulations not inconsistent herewith.
EXTEACTS FEOM POLICE EEGULATIONS
Limitation Upon Use of Signal Devices
ARTICLE IX
Section 1. No bell, horn, gong, whistle, drum, or other
noise-making article, instrument or device shall be struck
118
DISTRICT OF COLUMBIA
or sounded on or in any street, avenue, alley, highway, foot¬
way, sidewalk, parking, or other public space in the
District of Columbia for any purpose whatsoever, except
as provided in Section 4 of Article X of these regulations:
Provided, That street cars may continue the use of a
starting gong or bell, and shall strike a gong at every
street crossing and where otherwise required to give warn¬
ing and bicycles, tricycles, and motor vehicles shall
sound a suitable bell, gong or horn when necessary to warn
persons of their approach; but nothing herein shall per¬
mit any unnecessarily loud or any discordant alarm de¬
vice to be used, but the same are hereby expressly forbid¬
den.
AETICLE X
Bells—Gongs—Lights
Section 4. * * • *motor carriages and all cycles, bicycles,
tricycles shall have at all times a suitable gong or bell
(or, in the case of motor vehicles, a suitable horn), suf¬
ficiently distinctive from the bells provided for the fire
department and ambulance service, so attached as to be
readily sounded for the purpose of warning persons of their
approach; and all cycles, bicycles, tricycles, and motor
vehicles in motion between one hour after sunset and one
hour before sunrise shall display suitable lights. * * *
Special Speed Bates
Section 34. No person shall drive or propel, or cause to
be driven or propelled, any automobile, horseless or motor
vehicle, bicycle or horse-drawn vehicle at the corner of Fif¬
teenth and H streets, northeast, between the building lines
of the said streets, for a distance of two hundred feet east
of the intersection of Fifteenth and H streets, northeast,
and for a distance of fifty feet west of said intersection,
at a greater rate of speed than four miles an hour.
AETICLE XXIV
T.ieatiffe to Operate—^Examination.—^Physical Qualifications
Considered—Temporary Permits
Section 1. It shall be unlawful for any person or persons,
with the exception hereinafter named, to operate any motor
119
AUTOMOBILE LAW
vehicle of any kind, the motive power for which tihall be
electricity, steam, gas, gasoline, oil, naphtha, or other sim¬
ilar sources of energy, whether such vehicle be used as
public hack, truck, or for hire, or for private use, for plea¬
sure or for business, except railroad locomotives and elec¬
tric cars, until such person has first made application in
writing and presented himself, or herself, for examination
before a board of examiners to be appointed by the Com¬
missioners of the District of Columbia, who shall examine
such applicant as to his or her competency to operate the
type of motor in the specified vehicle and make a report
of such examination to the said Commissioners, who, if
they are satisfied the applicant is qualified to operate the
type of motor in the specified vehicle, will issue a permit
therefor. Persons licensed by the Board of Examiners of
Steam Engineers previous to the adoption of these regula¬
tions will not be required to undergo another examination,
but within thirty days from such adoption each such per¬
son shall register his or her name with the Secretary of
the Board of Commissioners in order to receive the per¬
mit number mentioned in Section 2 of these regulations:
Provided, however, That these regulations shall not apply
to any person learning to operate motor vehicles, in case
such learner is accompanied by a licensed operator who
shall be held responsible for the strict observance of these
regulations by such learner.
In acting upon applications to operate motor vehicles,
the Automobile Board shall take into consideration the
physical qualifications of the applicants for such employ¬
ment.
The Secretary of the AutomobUe Board is authorized
to issue temporary permits to operate motor vehicles when
in his judgment, such temporary permit can be safely
granted pending the appearance of the applicant before
the examining board.
120
DISTRICT OF COLUMBIA
Becord of Permits—Age of Operator—^Fees—Display of Mark¬
ers—Fictitious Markers Prohibited—Non-Residents
Section 2. Each permit issued hereunder shall be num¬
bered, and shall contain the name and address of the per¬
son in whose favor it is issued, and shall describe defi¬
nitely the type of motor in the vehicle to be operated there¬
under.
No permit to operate any of the vehicles mentioned in
this section shall be issued to any person under eighteen
years of age. But this age restriction shall not apply to
applicants for the operation of motor bicycles * * * ex¬
cept where such person shall have physically demonstrated
his capacity to operate such vehicles; and further, that no
permit to operate such vehicles shall be issued save for the
operation of a private vehicle, the property of such minor
or of his parent, or of " is guardian in such wise as to be
liable for any default of such minor in the operation there¬
of. Each machine shall be indentified by an enamel metal
identification number tag, which shall be conspicuously
displayed upon the rear of the vehicle, so as to be plain¬
ly visible from a distance of at least seventy-five feet be¬
hind the vehicle, the figures to be separate arable numerals
not less than four inches high, with strokes not less than
one-half of an inch in width, of the customary proportions
and spacing of numbers of such size; and also as a part of
the identification number tag the words "District of Co¬
lumbia" in letters one inch in height, shall be plainly in¬
scribed across the top portion of said tag, and not more than
two identification number tags of other States or Ter¬
ritories, nor more than three in all, may be displayed upon
the rear of the vehicle. The owner of each motor vehicle
shall pay two dollars to the Collector of Taxes of the Dis¬
trict of Columbia for each identification number tag, and
registration thereof, which tag shall be issued to such
owner by the Secretary of the Automobile Board upon sur¬
rendering to said Secretary the receipt of the Collector of
Taxes, D. C., for such fee.
121
AUTOMOBILE LAW
Numbers shall not be transferred from one vehicle to
another, nor shall machine numbers be loaned from one
person to another, nor shall fictitious numbers be used.
The police regulations requiring the placing of num¬
bers on motor vehicles shall not apply to motor vehicles
brought into the District of Columbia by tourists or other
non-residents for their use during a transient sojourn only
in said District, and who with respect to such vehicles,
have complied with any law requiring the registration of
owners or operators of motor vehicles in the State or ter¬
ritory of their residence, and where the registration num¬
ber showing the initial or initials of such State or Terri¬
tory is displayed on such vehicles. But the police shall
require the registration by the owners or operators of
such vehicle or vehicles, with the Secretary of the Auto¬
mobile Board, within twenty-four hours after the ar¬
rival of such vehicle or vehicles into said District of the
description and designation numbers of such vehicles,
with the temporary address in the District of Columbia
and the home address of such owner or operators, and such
registration shall warrant the operation of such motor ve¬
hicles in the District of Columbia for a period not to ex¬
ceed ten days from the date of such registration. Upon
such vehicles not more than three registration numbers, in¬
cluding the registration number of the State of which the
owner or operator is a resident, shall be displayed.
Lamps
Sec. 3. Each vehicle to which these regulations refer shall
be equipped with at least two suitable lamps, to be ap¬
proved by the Commissioners of the District of Columbia,
such lamps to be carried at the front of the vehicle one at
each side. There shall also be a lamp attached to the left
side of the rear of such vehicle, so as to throw a white
light upon, and thus make plainly visible, the machine
number, and to show a red light to the rear. The said
lamps shall be kept brightly burning from one-half hour
after sunset as long as the vehicle is used at night; Pro-
122
DISTRICT OF COLUMBIA
vided, That the provisions of this section requiring the
placing of a lamp upon the rear of vehicles shall not apply
to motor cycles.
Lock and Safety Devices
Sec. 4. Each vehicle to which these regulations refer shall
be provided with a lock suitable to lock the starting lever,
throttle, or switch by which the vehicle is set in motion,
and no person shall allow any motor vehicle operated by
him, or by her, to stand or remain unattended on any of
the streets, avenues, roads, alleys, highways, parks, park¬
ways, or other public places, without having first locked
the lever, throttle, or switch by which the vehicle may be
started.
Bight of Way
Sec. 5. Motor vehicles moving north or south shall have
the right of way over motor vehicles moving east and west,
but this right of way shall not be construed as relieving
the operator of any motor vehicle having such right of
way from exercising due caution to prevent collision with
other vehicles or with pedestrians.
Offensive Smoke and Odors Prohibited
Sec. 6. That no person shall locate, conduct, or operate
a motor vehicle of any kind whatsoever, at or about any
depot, church, theatre, hotel, reception or other place where
the public may congregate, or within the limits of Rock
Creek Park, or Potomac Park, or in or upon any street,
avenue, or public highway of the District of Columbia,
which emits from the exhaust, or muffler of said motor ve¬
hicle any prolonged and dense or prolonged and offensive
quantities of smoke, gases or disagreeable odors.
Mufflers—Stopping the Motor
Sec. 7. Every motor vehicle of whatsoever kind, operated
in the District of Columbia, shall be provided with a muf¬
fler to be so complete in construction as to prevent any un¬
necessary, intense or prolonged noise in the operation or
123
AUTOMOBILE LAW
management of said motor vehicle, or the machinery in
connection therewith, and said mufSer shall not be cat out,
or put out of operation, in any park or public grounds,
nor in any built-up section of the District of Columbia,
nor where horses are present, nor for the purpose of warn¬
ing others of the approach of the motor vehicle. The op¬
erator of every motor vehicle in the District of Columbia
shall close down the motor of such vehicle when the ve¬
hicle is in any park, or upon any public street or public al¬
ley, and not in motion, provided said operator leaves his
vehicle, and any extraordinary, intense or prolonged noise
in any park or upon any public street, or public alley, inci¬
dent to the starting, moving or adjusting the machinery
of such vehicle shall be a violation of this section.
Dazzling Lights Prohibited
Sec. 8. No operator of any motor vehicle of whatsover
kind, while conducting the same in the District of Colum¬
bia, shall use any acetylene, electric, or any other head¬
light in the business or congested sections, unless so low¬
ered as not to dazzle or blind any other driver, operator
or pedestrian on the streets or highways of such sections,
or make it in any way unsafe or difficult for any such
drivers, operators or pedestrians to ride, drive or walk on
said streets or highways: Provided, That this paragraph
shall in no wise abridge or modify the requirements of
section 3, Article XXIV of the Police Begulations, re¬
quiring lights on all motor vehicles.
Duty in Case of Accident—Intoxication
Sec. 9. No person shall operate a motor vehicle reckless¬
ly or while under the influence of intoxicants, or so as to in¬
jure the life or safety of any person, nor, after causing in¬
jury to person or property, go on or away, without reason¬
able excuse therefor, without making himself, or herself,
known.
Penalties
Sec. 10. Any person who shall violate any of the provis¬
ions of this article shall, upon conviction thereof, be fined
124
DISTRICT OF COLUMBIA
not less than five dollars, nor more than forty dollars for
each offense.
Exhibit of Permit
Sec. 11. Each person shall exhibit his or her permit to any
police oflBcer or to any member of the above-mentioned
Board of Examiners when demand for such exhibit is made.
Penalties
Sec. 12. Any person attempting to operate, or operating
any vehicle covered by the provisions of these regula¬
tions on any of the streets, avenues, roads, alleys, high¬
ways, parks, parkways, or other public places within the
District of Columbia, without first obtaining a permit to
do so, or who shall otherwise violate any of the provisions
or requirements of these regulations, shall be punished, on
conviction thereof, by a fine of not more than forty dollars
for each and every violation.
Duties of "Automobile Board"—Permit Clerk
Sec. 13. The Board of Examiners of Steam Engineers, an
Inspector of the Electrical Department and the Permit
Clerk are hereby appointed "The Automobile Board," and
as such will consider applications from persons who desire
to operate motor vehicles of any kind, except railroad lo¬
comotives and electric railroad cars, in the District of Co¬
lumbia, and that said Board shall, after due examination,
make report to the Commissioners of the District of Co¬
lumbia as to the competency or incompetency of each
such applicant. The Permit Clerk, D. C., is hereby desig
nated as the oflieial to issue the permits when such ap¬
plications have received the approval of the Automobile
Board and the Commissioners.
125
Florida
Motor Vehicle Law
[Approved May 11, 1905.]
Application for Begistration—Fees
Section 1. All persons owning or operating vehicles pro¬
pelled by any power other than muscular power, excepting
such motor vehicles as run only upon rails or tracks, shall
file with the secretary of state of the state of Florida, the
name of owner, with a brief description of the motor ve¬
hicle, including the horse power and make of such "motor
vehicle" on a blank form to be furnished by the secretary
of state for identification. The filing or registration fee
shall be two dollars.
Becord of Begistration
Sec. 2. The secretary of state shall thereupon enter of
record in a book to be kept by him for that purpose, the
name of the owner, the number and kind of motor vehicle
registered, and shall issue to the owner or operator thereof
a certificate of registration.
Bells, Horns, Lights—^Display of Markers
Sec. 3. Every such registered motor vehicle shall while in
use on a public road or highway, be provided by the owner
with a suitable bell, horn or whistle to be used as a sig¬
nal. They shall likewise be provided with two lamps
which shall be lighted between sunset and sunrise when in
use on the public highways of the state. Every such motor
vehicle shall also have■ displayed on the back of such ve¬
hicle in such manner as to be plainly visible, numbers to
be in Arabic numerals of not less than three inches long
126
FLORIDA
and two inches wide, and the owner or person operating
such vehicle shall at all times when using the same, carry
with them the certificate of registration or permit issued
by the secretary of state.
Transfer of Begistration—Fees
Sec. 4. In case of sale or exchange of registered motor
vehicles, the person becoming owner thereof shall have
such transfer entered on the records of the secretary of
state, and shall pay a fee of two dollars therefor.
Penalties
Sec. 5. Any person failing to comply with sections 1, 2,
3 and 4 of this act shall be guilty of a misdemeanor.
General Speed Bates
Sec. 6. No person shall operate any such registered ve¬
hicle on a public highway at a rate of speed greater than
is proper or reasonable, having due regard to the traffic
and use of the highway, or so as to endanger the life and
limb of any person, or the safety of any property.
Special Speed Bates
Sec. 7. Upon approaching any sharp curve, bridges, fills
and intersections of, or crossings of other roads, the per¬
son operating a motor vehicle required to be registered
shall not run the same at a rate of speed exceeding four
miles per hour, and shall at all times wtile on the public
highways have said motor vehicle under perfect control.
Warnings—Approaching Animals
Sec. 8. Upon approaching a person walking in the road¬
way of a public highway, or a horse or horses, or other
draft animals, being ridden, led or driven thereon, a person
operating any such registered motor vehicle shall give am¬
ple signal or warning of its approach, and use every rea¬
sonable precaution to ensure the safety of such person or
animal, and, in case of horses or other draft animals, to
prevent frightening the same.
127
AUTOMOBILE LAW
Signal of Distress
Sec. 9. Any person operating any such registered motor
vehicle shall, at request or on signal by putting up the
hand, from a person riding, leading or driving a restive
horse or horses or other draft animals, bring such motor
vehicle immediately to a stop, and if traveling in the op¬
posite direction, remain stationary so long as may be rea¬
sonable to allow such horse or animal to pass, and, if trav¬
eling in the same direction, use reasonable caution in there¬
after passing such horse or animal: provided that, in case
such horse or animal appears badly frightened or the per¬
son operating such motor vehicle is requested so to do, such
person shall cause the motor of such vehicle to cease
running so long as shall be reasonably necessary to prevent
accident and insure the safety of others.
Duty in Case of Accident
Sec. 10. In case of accident to a person or property on
the public highways, due to the operation thereon of any
such registered motor vehicle, the person operating such
vehicle shall stop, and, upon request of a person injured,
or any person present, give such person his name and ad¬
dress, and if not the owner, the name and address of such
owner.
Bacing or Speed Tests
Sec. 11. Boards of county commissioners may, notwith¬
standing the other provisions of this act, upon application
by reputable citizens, set aside for a given time a specified
public highway for speed tests or races, to be conducted
under proper restrictions for the safety of the public.
Application for Chauffeur's License—Fees—Becord, Etc.
Sec. 12. Every person hereafter desiring to operate any
such registered motor vehicle as a chauffeur shall file in the
ofiice of the secretary of state, on a blank to be supplied
by such secretary, a statement which shall include his name
and address and the trade name and motive power of the
motor vehicle he is able to operate, and shall pay a regis-
128
FLORIDA
tration fee of two dollars. The secretary of state shall
thereupon file such statement in his office, register such
chauffeur in a book to be kept by him for that purpose,
and assign him a number.
Unregistered Vebicle Excluded from Highways
Sec. 13. No person shall operate a motor vehicle required
to be registered upon the public highways after sixty days
after this act takes effect, unless such person can produce
a certificate of registration issued by the secretary of state,
and shall have complied in all respects with the require¬
ments of this act.
Bight to Damages
Sec. 14. Nothing in this act shall be construed to curtail
or abridge the right of any. person to prosecute a civil ac¬
tion for damages by reason of injuries to person or prop¬
erty resulting from careless or negligent use of the public
highways by a motor vehicle or its owner or employe or
agent.
Penalties for Excessive Speed and for Disregarding Signal
of Distress
Sec. 15. The violation of any of the provisions of sections
6, 7, 8, 9, and 10 of this act shall be deemed a misde¬
meanor, punishable by a fine not exceeding one hundred
dollars for the first offense, and punishable by a fine of not
less than fifty dollars nor more than one hundred dollars,
or imprisonment not exceeding thirty days, or both, for a
second offense, and punishable by a fine of not less than
one hundred dollars nor more than two hundred and fifty
dollars and imprisonment not exceeding sixty days for a
third or subsequent offense.
Penalties for Other Violations
Sec. 16. The violation of any other section of this act
shall be punished by a fine not exceeding twenty-five
dollars for the first offense, a fine not less than twenty-five
dollars nor more than fifty dollars for a second offense, and
129
AUTOMOBILE LAW
a fine not less than fifty dollars nor more than one hun¬
dred dollars, or imprisonment not exceeding ten days, or
both, for a third or subsequent offense.
Jurisdiction of Offenses—Bail
Sec. 17. In case the owner or person operating a motor
vehicle shall be taken into custody because of a violation
of any provision of this act, he shall be forthwith taken
before an accessible justice of the peace or county judge,
and be entitled to immediate hearing; and if such hearing
cannot then be had, be released from custody on giving
a good and sufficient bond to appear and answer for such
violation, at such time and place as shall then be desig¬
nated, secured by the sum equal to the maximum fine for
the offense with which he is charged, or in lieu thereof, by
leaving the motor vehicle, being operated by such person,
with such officer as may have, the accused person in charge.
Disposition of Fees
See. 19. All moneys accruing from the fees of this aetf
shall go into the general revenue fund of the state.
Non-Besidents
Sec. 20. Owners of automobiles who have paid a license
in any other state, shall, upon exhibition of such license,
be exempt from paying a license in this state, for thirty
days after said automobiles have been brought into this
state.
180
Geoi^a
There is no General Motor Vehicle Law
in this State.
131
Idaho
There is no General Motor Vehicle Law
in this State,
132
Illinois
Motor Vehicle Law
[Approved May 28, 1907, as Amended June 10 and 11, 1909.]
Title of Act—"Motor Vehicle" Defined
Sec. 1. The short title of this aet shall be "Motor Vehicle
Law." Whenever the term motor vehicle is used in this
act, it shall be construed to include automobiles, locomo¬
biles, and all other vehicles propelled otherwise than by
muscular power, except motor bicycles, traction engines
and road rollers, the cars of electric and steam railways
and other motor vehicles running only upon rails or tracks,
but nothing in this act shall be construed to apply to, oi
affect, bicycles or tricycles or such other vehicles as are
propelled exclusively by muscular pedal power.
Application for Registration—Record—^List of Registrations
Sec. 2. Every owner of a motor vehicle which shall be
driven in this State shall, except as otherwise provided
in this Act, within ten days after he becomes the owner
of such vehicle, file in the office of the Secretary of State
an application properly sworn to, setting forth his name
and address, with a brief description of the vehicle to be
registered, including the name of the maker, factory num¬
ber, style of vehicle and motor power, and the amount of
such motor power stated in figures of horse power, on a
blank to be prepared and furnished by such Secretary of
State for that purpose and shall pay to said Secretary of
State a registration fee of two dollars per annum for each
motor vehicle owned by the person making such applica¬
tion. Said registration shall ,be made on the date the ap¬
plication is received and filed by the Secretary of State
133
AUTOMOBILE LAW
and shall expire one year thereafter. Upon the filing in
the ofiSce of the Secretary of State of said application, as
hereinbefore provided, the Secretary of State, or his duly
authorized agent, shall, without fee, assign to such motor
vehicle, as described in such application, a distinctive
number, and shall issue to the owner of such motor ve¬
hicle, as it is described in the application filed, a certificate
of registration, which certificate shall be in the form of a
card, which may be carried in the pocket, and which cer¬
tificate shall contain the distinctive number so assigned to
such motor vehicle, the name and address of the owner, a
brief description of such motor vehicle, stating the name
of the manufacturer, the motor power, and the amount of
such motor power stated in figures of horse power. The
Secretary of State shall also issue and deliver to the
owner of such motor vehicle a seal of aluminum or other
suitable metal which shall be circular in form and not to
exceed two inches in diameter, having stamped thereon
the words, "Eegistered Motor Vehicle No.... 111. Motor
Vehicle Law," with the registration number inserted
therein, which seal shall thereafter at all times be afhxed
to the motor vehicle to which such number has been as¬
signed. Duplicate certificates of registration will be is¬
sued upon the payment of a fee of 50 cents and the filing
in the oflSce of the Secretary of State an affidavit to the
effect that the original certificate of registration was lost,
stolen or destroyed.
The Secretary of State shall cause the name of such owner,
with his address, registration number and date of the
filing of application and the description of such motor
vehicle or motor vehicles to be entered in alphabetical
order of the owner's name, in a book to be kept for such
purpose in the office of said Secretary of State; Provided,
that this section shall not apply to manufacturers of, or
dealers in, motor vehicles in this State, except as to ve¬
hicles kept by such manufacturers or dealers for private
use or for public hire.
Any person who has registered his motor vehicle in this
State prior to the time when this Act shall take effect^
134
T
ILLINOIS
Bhall be exempt from the provisions of this section until
the expiration of one year from the date of said registra¬
tion. The Secretary of State shall, once a year, and of-
tener if he deems necessary, print and mail to the clerks
of all counties in the State, lists of regi»trations made in
accordance herewith, together with the numbers of the
motor vehicles and the names and addresses of the own¬
ers thereof.
Markers—^Display of Numbers, Etc.
Sec. 3. The owner of each motor vehicle shall have a
number corresponding with the number of the certificate
of registration and registration seal issued by the secretary
of state, as hereinbefore provided, conspicuously displayed
upon the front and back of every such motor vehicle
owned by him, whenever the same shall be driven or used
upon the public streets, roads, turnpikes, parks, parkways,
drives or other public highways in this state, such num¬
bers to be separate Arabic numerals not less than four
inches in height and each stroke to be of a width not less
than one-half of an inch, and also, as part of such num¬
ber, the letters ILL.; such numbers and letters shall be
black on white ground, and such letters to be not less than
one inch in height. Said owner shall not be required to
place any other marks of identity upon his said motor
vehicle.
Lamps
Sec. 4. Every motor vehicle shall carry during the period
from sun-set to one hour before sun-rise at least two
lighted lamps, showing white lights visible at least two
hundred (200) feet in the direction toward which each
motor vehicle is proceeding and shall also exhibit at least
one lighted lamp, which shall be so situated as to throw a
red light visible in the reverse direction. The identification
number at the back of the vehicle, provided for in section
3, shall be permanently attached to the vehicle so that it
will not swing loosely and shall be so lighted as to be
plainly visible. Upon each of the glass fronts of the two
135
AUTOMOBILE LAW
first mentioned lamps, showing white lights, shall be dis¬
played in such manner as to be plainly visible, when such
lamps are lighted, the number of the certificate issued as
aforesaid by the Secretary of State, and in addition thereto
the letters ILL., such figures to be in separate Arabic nu¬
merals not less than one inch in height. [Note.—Two sepa¬
rate acts amending this section have been passed. The
foregoing provision was approved June 11, 1909. The other
provision was approved June 10, 1909, and reads as fol¬
lows: "Every motor vehicle shall carry, during the period
from sunset to one hour before sunrise, at least two lighted
lamps, showing white lights visible at least two hun¬
dred feet in the direction toward which each motor ve¬
hicle is proceeding, and shall also exhibit at least one red
light, visible in the reverse direction, attached to the rear
of such motor vehicle."]
Begistration of Manufacturers and Dealers—Classification of
Vehicles—Unregistered Vehicles Excluded from Highways
Sec. 5. Each manufacturer of, and dealer in, motor ve¬
hicles, doing business in this state, shall register one ve¬
hicle of each class manufactured or dealt in by him, and if
a number corresponding to the number of the registration
seal issued to such manufacturer or dealer is displayed
upon every vehicle of the class for which it was issued
as provided in this section, while such vehicle is being op¬
erated by such manufacturer or dealer, or his agent, or
representative, on the public highway, it shall be deemed
a sufficient compliance with section two, three and four of
this act, until such vehicle shall be sold or let for hire:
Provided, that electrically driven motor vehicles shall con¬
stitute a class, those propelled by steam power a class,
and those propelled by gasoline explosive type engines a
class, and that nothing in this section shall be construed
to apply to a motor vehicle employed by a manufacturer
or dealer for his private use or for hire. No motor vehicle
shall be used or operated upon the public highways of this
state after this act shall take effect unless the owner shall
136
ILLINOIS
have complied in all respects with sections two, three, four
and five of this act.
rictitious Number Prohibited
Sec. 6. No motor vehicle shall be used or operated upon
the public highways of this state after this act shall take
effect which shall display thereon a number belonging to
any other vehicle or fictitious registration number: Pro¬
vided, however, that this section shall not be construed
to prohibit any other number being displayed for any law¬
ful purpose upon a motor vehicle in addition to the number
of registration seal issued by the secretary of state as
aforesaid.
Begistration by Subsequent Purchasers
Sec. 7. The vendor and purchaser of every motor vehicle
which has been previously registered by any person other
than a manufacturer or dealer shall, within ten days after
such sale, join in a statement and send the same by mail
to the secretary of state, together with a filing fee of fifty
cents, to be paid for by the vendor, and thereupon said
registration shall cease to apply to the motor vehicle so
sold, and the purchaser of such motor vehicle shall regis¬
ter the same as in case of an original registration and an¬
other and different number than the original registration
number shall be assigned to said motor vehicle and the
said original registration number shall be cancelled by
the secretary of state. (As amended June 10, 1909.)'
Non-Besidents
Sec. 8. The provisions of sections two, three, four, five
and six of this act shall not apply to any motor vehicle
owned by non-residents of this state, provided the owner
thereof has complied with any law requiring the registra¬
tion of motor vehicles, or the names of the owners thereof,
in force in the city, state, territory or federal district of
his residence, provided the registration number showing
the initial or abbreviation- of the name of such city, state,
territory or federal district shall be displayed on such ve-
137
AUTOMOBILE LAW
hide, substantially as in section three of this act provided:
And, provided, that nothing in this section contained shall
be so construed as to exempt non-resident owners and
drivers of automobiles from complying with the first part
of section four of this act requiring the carrying of lighted
lamps as in said section provided.
Brakes,.Horns, Bells—Leaving Machine Unattended on High¬
way
Sec. 9. Every motor vehicle while in use on a public
highway shall be provided with good and sufficient brakes
and also with a suitable bell, horn or other signal device.
No part of the machinery of any motor vehicle shall be
left running while such vehicle is left standing without
an attendant on any public highway in this state.
General Speed Bates
Sec. 10. No person shall drive a motor vehicle or motor
bicycle upon any public highway in this state at a speed
greater than is reasonable and proper having regard to
the traffic and the use of the way or so as to endanger the
life or limb or injure the property of any person. If the
rate of speed of any motor vehicle or motor bicycle oper¬
ated upon any public highway in this State where the
same passes through the closely built up business portions
of any incorporated city, town or village exceeds ten (10)
miles an hour for a distance of % of a mile or if the rate
of speed of any motor vehicle or motor bicycle operated
on any public highway in this State where the same passes
through the residence portions of any incorporated city,
town or village exceeds fifteen (15) miles an hour for a
distance of % of a mile or if the rate of speed of any
motor vehicle or motor bicycle operated on any public
highway in this State outside the closely built up business
portions and the residence portions of any incorporated
city, town or village exceeds twenty (20) miles an hour
for a distance of % of a mile such rates of speed shall
be prima facie evidence that, the person operating such
motor vehicle or motor bicycle is running at a rate of
138
ILLINOIS
speed greater than is reasonable and proper having regard
to the traffic and use of the way or so as to endanger the
life or limb or injure the property of any person. If the
rate of speed of a motor vehicle or motor bicycle operated
on any public highway in this State in going around a
corner or curve in a highway where the operator's view
of the road traffic is obstructed exceeds six (6) miles an
hour such rate of speed shall be prima facie evidence that
the person operating such motor vehicle or motor bicycle
is running at a rate of speed greater than is reasonable
having regard to the traffic and the use of the way or
so as to endanger the life or limb or injure the property
of any person.
Bacing
Sec. 11. Any person driving a motor vehicle or a motor
bicycle upon a public highway in this state in a race, shall
upon conviction, be fined in a sum not exceeding $200.00.
Approaching Animals
Sec. 12. "Whenever it shall appear that any horse ridden
or driven by any person upon any of said streets, roads or
highways is about to become frightened by the approach
of any such motor vehicle it shall be the duty of the per¬
son driving or conducting such motor vehicle to cause the
same to come to a full stop until such horse or horses shall
have passed.
Powers of Local Authorities
Sec. 13. No owner of a motor vehicle who shall have ob¬
tained a certificate from the secretary of state as herein¬
before provided shall be required to obtain any other li¬
cense or permit to use or operate the same nor shall such
owner be required to display upon his motor vehicle any
other number than the number of the registration seal is¬
sued by the secretary of state, or excluded or prohibited
from, or limited in the free use of his said motor vehicle or
vehicles, nor limited as to speed upon any public street, ave¬
nue, road, turnpike, driveway, parkway, or any other pub-
139
AUTOMOBILE LAW
lie place, at any time when the same is or may hereafter be
opened to the use of persons having or using other vehicles,
nor be required to comply with other provisions or condi¬
tions as to the use of said motor vehicles except as in this
act provided: Provided, however, that nothing in this sec¬
tion contained shall be construed to apply to, or include
any speedway created, provided for, or maintained by the
local authorities of any city, village, town or other munici¬
pal corporation within the state: And, provided, further,
that the local authorities having jurisdiction over the pub¬
lic parks and boulevards connecting or pertaining to the
same shall not by the terms of this act be prohibited from
adopting and enforcing such reasonable ordinances, rules
or regulations concerning the speed at which motor ve¬
hicles may be operated within or upon any such parks, park¬
ways, or boulevards, provided the rate of speed of motor
vehicle fixed by such ordinances, rules or regulations shall
not be lower than the rate fixed for other vehicles, and pro¬
vided such authorities shall, by signs conspicuously placed,
indicate the rate of speed permitted by such ordinances,
rules or regulations: And, provided, further, that motor
vehicles may be excluded from any cemetery or grounds
used for the burial of the dead, by the authorities having
jurisdiction over the same. Except as in this section pro¬
vided, no city, town or village, or other municipality, shall
have power to make any ordinance, by-laws or resolution
limiting or restricting the use or speed of motor vehicles,
and no ordinance, by-law or resolution heretofore or here¬
after made by any city, village or town, or other munici¬
pal corporation within the state, by whatever name known
or designated, in respect to or limiting the use or speed
of motor vehicles shall have any force, effect or validity
and they are hereby declared to be of no validity or effect;
Provided, that nothing in this act contained shall be con¬
strued as affecting the power of municipal corporations to
make and enforce ordinances, rules and regulations af¬
fecting motor vehicles which are used within their limits
for public hire.
140
ILLINOIS
Application for Cliauffeur's License—Record—Fees
Sec. 14. Every person hereafter desiring to operate a mo¬
tor vehicle as chauffeur, which is hereby defined to mean
any person operating a motor vehicle as mechanic or em¬
ploye or for hire, shall file in the office of the secretary
of state, on a blank to be supplied by such secretary of
state an application properly sworn to, which shall include
his name and address and the trade name and motor power
of the motor vehicle or vehicles he is competent to operate,
and shall pay a registration fee of one dollar per annum,
and thereupon the secretary of state shall file such state¬
ment in his office, register such chauffeur in a book or in¬
dex to be kept for that purpose and assign to him a num¬
ber. Said registration shall be made on the date the ap¬
plication is received and filed by the Secretary of State
and shall expire one year thereafter. Any person who has
been registered as a chauffeur in this State prior to the
time when this Act shall take effect shall be exempt from
the provisions of this section until the expiration of one
year from the date of said registration.
Chauffeur's Badge
Sec. 15. The secretary of state shall forthwith, upon such
registration and without other fee, issue and deliver to
such chauffeur a badge of aluminum or other suitable metal
which shall be oval in form and the greater diameter of
which shall not be more than two inches, which said badge
shall have stamped thereon the words, "Registered Chauf¬
feur No. , Illinois Motor Vehicle Law," with the
registration number inserted therein, and which badge shall
thereafter be worn by such chauffeur and pinned upon his
clothing in a conspicuous place at all times while he is
operating a motor vehicle upon the public highways; and
no chauffeur who shall not have complied with the pro¬
visions of this Act shall operate a motor vehicle upon the
public highways after this Act takes effect, and no chauf¬
feur shall voluntarily permit any other person to wear his
badge, nor shall any person operating a motor vehicle wear
141
AUTOMOBILE LAW
any fictitious badge or any badge belonging to any other
person.
Use of Motor Vehicle Without Owner's Consent—BonnsM
Prohibited
Sec. 16. No chauffeur or other person shall drive or oper¬
ate any motor vehicle upon any street or highway in this
state in the absence of the owner of such motor vehicle
without said owner's consent; and no chauffeur or other
person having the care of a motor vehicle for the owner
shall receive or take directly or indirectly any bonus, dis¬
count or other consideration for the purchase of supplies
or parts for such motor vehicle, or for work or labor done
thereon by others; and no person furnishing such supplies
or parts, work or labor shall give or offer any such chauf¬
feur or other person having the care of a motor vehicle
for the owner, thereof, either directly or indirectly, any
bonus, discount or other consideration thereon. Any person
violating any of the provisions of this section shall bo
deemed guilty of a misdemeanor, and upon conviction shall
be fined a sum not exceeding two hundred dollars ($200)
or imprisonment in the county jail for a period not exceed¬
ing six (6) months, or both, in the discretion of the court.
Approaching Animals—^Duty in Case of Accident, Etc.
Sec. 17. Upon approaching a person walking upon or
along a public highway, or a horse or horses, or other draft
animals, being ridden, led or driven thereon, the operator of
a motor vehicle or motor bicycle shall give reasonable
warning of his approach and use every reasonable precau¬
tion to avoid injuring such person, or frightening such
horse, horses or other draft animals, and in case of any
injury to a person or property on the public highways, due
to the presence or operation of a motor vehicle, the oper¬
ator of such vehicle shall stop and, upon request of a per¬
son injured, or any person present, give his name and ad¬
dress, and, if not the owner of such motor vehicle, the
name and address of such owner.
142
ILLINOIS
Bight to Damages
Sec. 18. Nothing in this Act shall be construed to curtail
or abridge the right of any person to prosecute a civil
action for damages by reason of injuries to person or prop¬
erty resulting from the negligent use of the highways by
the driver or operator of a motor vehicle or its owner or
his employe or agent, and in any action brought to recover
any damages for injury either to person or property caused
by running any motor vehicle at a greater rate of speed
than designated in section 10, the plaintiff or plaintiffs,
shall be deemed to have made out a prima facie case by
showing the fact of such injury and that such person or
persons driving such motor vehicle or vehicles was at the
time of such injury running the same at a speed in excess
of that mentioned in said section 10, or at an unreasonable
rate of speed as set forth in clause C of said section.
Fines and Penalties—Jurisdiction of Offenses—Disposition of
Moneys
Sec. 19. Any person wilfully violating the provisions of
this Act shall, except as otherwise provided herein, upon
conviction, be fined in a sum not to exceed the amounts
hereinafter set forth:
For a violation of section two, twenty-five dollars.
For a violation of section three, twenty-five dollars.
For a violation of section four, twenty-five dollars.
For a violation of section five, twenty-five dollars.
For a violation of section six, twenty-five dollars.
For a violation of section seven, twenty-five dollars.
For a violation of section nine, twenty-five dollars.
For a violation of section ten, subdivision a, two hundred
dollars.
For a violation of section ten, subdivision b, two hun¬
dred dollars.
For violation of section ten, subdivision c, two hundred
dollars.
For a violation of section twelve, two hundred dollars.
For a violation of section fourteen, ten dollars.
For a violation of section fifteen, fifteen dollars.
143
AUTOMOBILE LAW
Tot a violation of section seventeen, one hundred dollars.
Any provision not herein specifically mentioned, one hun¬
dred dollars.
Provided, that any offender who shall have been found
guilty of a violation of any section of this Act and fined
therefor and who shall within six months thereafter be
convicted of a second violation of such section, may be
fined in a sum not exceeding double the penalty herein
provided for a first violation, and in addition thereto may
have his certificate or license issued by the secretary of
state revoked for a period not exceeding sixty days, and
for a third or subsequent violation of such section with¬
in six months after the date of such second violation the
certificate or license may, in addition to the fine provided
for a second offense, be revoked for a period not exceeding
six months. Any person whose license shall have been
revoked for a violation of any of the provisions of this
Act, and who shall drive or operate a motor vehicle within
the State of Illinois during the period for which his said
license shall have been revoked, or any person who having
once been convicted of a failure to comply with the pro¬
visions of this Act requiring a registration by chauffeurs
shall fail or refuse to comply with said provisions, shall
be deemed guilty of a misdemeanor and on conviction may
be fined in a sum not to exceed two hundred dollars, or
imprisoned in the county jail for a period not exceeding
thirty days, or both, in the discretion of the court. All
fines imposed for the violation of any of the provisions of
this Act shall be paid to the treasurer of the highway
commissioners of the township or road district in which
the offense is committed by the justice of the peace, clerk
of the court or other oflScer to whom the amount of such
fines shall be by law required to be paid by the constable,
bailiff, sheriff or other officer named in any execution is¬
sued for the collection of the same, and all moneys so re¬
ceived by the treasurer of the highway commissioners shall
be used in repairing and improving the roads within such
township or road district: Provided, however, that when-
144
ILLINOIS
ever any such violations shall occur within the limits of
any city, village or incorporated town, or within the jur¬
isdiction of any board of park commissioners wherein no
commissioners of highways exist or have jurisdiction, in
such case all fines imposed for the violation of any of the
privisions of this act shall be paid to the treasurer of such
city, village or incorporated town, or to the park com¬
missioners within whose jurisdiction the offense is commit¬
ted, by the justice of the peace, clerk of the court or other
oflScer to whom the amount of such fines shall be by law
required to be paid by the constable, bailiff, sheriff or
other officer named in any execution issued for the collec¬
tion of the same, and all moneys so received by the treas¬
urer of such city, village or incorporated town, or park
commissioners, shall be used in repairing and improving
the roads or streets within such city, village, incorporated
town or park.
"Public Higbwa3rs" and "Local Authorities" Defined
Sec. 20. Public highways shall include any highway,
county road, state road, public street, avenue, alley, park,
parkway, driveway or public place in any county, city,
village, incorporated town or towns. Local authorities
shall include all officers of counties, cities, villages, incor¬
porated towns, town or road districts, as well as all boards,
committees, and other public officials of such counties,
cities, villages, incorporated towns, towns or road districts.
Law of the Boad
Sec, 77. (Ann. Stats. Ch. 121.) Whenever any persons
traveling with any carriages, shall meet on any turnpike,
road, or public highway, in this state, the persons so
meeting shall seasonably turn their carriages to the right
of the beaten track, so as to permit each carriage to pass
without interfering or interrupting, under the penalty of
five dollars for every neglect or offense, to be recoverd by
the party aggrieved; provided this section .shall not be
construed to apply to a case where it is impracticable from
the nature of the ground for the driver of the carriage or
wagon to turn to the right of the beaten track.
145
Indiana
Motor Vehicle Law
[Approved March 12, 1907. As amended March 6, 1909.]
"Motor Vehicles" Defined
Section 1. The words and phrases used in this act shall for
the purpose of this act only be construed as follows:
1. "Motor vehicles" shall include all vehicles propelled
by any power other than muscular power, excepting trac¬
tion engines, road rollers and such motor vehicles as run
only upon rails or track.
General Speed Bates
Sec. 2. Any person or persons operating a motor vehicle
on any public highway or in any public place shall not
operate the same at any rate of speed greater than is
reasonable and proper, having regard to the use in com¬
mon of such highway or place, or so as to endanger the
life or limb of any person, and in no event shall such motor
vehicle be operated at a greater rate of speed than eight
(8) miles an hour in the business and closely built up
portions of any municipality of this state, nor more than
fifteen (15) miles an hour in any other portions of such
municipalities, nor more than twenty (20) miles an hour
outside such municipalities. Upon approaching a bridge,
dam, sharp curve, or steep descent and also in traversing
such bridge, dam, curve or descent and upon approaching
a crossing of intersecting highways, a person operating a
motor vehicle shall have it under control and operate it at
a speed not greater than is reasonable and proper, having
regard to the safety of traflSc then on such highway and
of the public: Provided further, that after dark all auto¬
mobiles shall carry lighted lamps.
146
INDIANA
Powers of Local Authorities
Sec. 3. Any rate of speed provided in section two (2)
of this act shall not be diminished nor prohibited by any
ordinance, rule or regulation of any municipality, board
or other public authorities.
Brakes, Bells, Horns—Approaching Animals
Sec. 4. Any person or persons operating a motor vehicle
shall at all times provide the same with a good and
efficient brake and a suitable bell, horn or other signal,
and shall upon approaching any person or persons riding,
leading or driving a horse, horses, draft animals or other
farm animals upon any public highway or in any public
place, signal such person or persons with said bell or horn
either upon overtaking or meeting any such person or per¬
sons giving such person or persons a reasonable time to
prepare for the passing of said motor vehicle.
Signal of Distress—Law of Boad—Penalties
Sec. 5. Any person or persons operating a motor vehicle
shall upon meeting any person or persons riding, leading
or driving a horse, horses or other draft animals or other
farm animals on any public highway, proceed at a speed
not to exceed six miles per hour until past such horse,
horses or other draft animal or other farm animals, and
upon request or signal by putting up the hand from any
such person or persons so riding, leading or driving any
horse, horses, or other draft animals or other farm animals
(if in sufficient light for such signal to be perceptible),
immediately bring his motor vehicle to a stop and remain
stationary so long as may be reasonable to allow such
horse, horses or other draft animals or other farm animals
to pass, and upon request shall furnish such aid as may be
necessary to such person or persons; and upon overtaking
on any public highway any person or persons riding, lead¬
ing or driving a horse, horses or other draft animals or
other farm animals the operator of any motor vehicle when
signaled as above provided, shall reduce the speed of such
motor vehicle and before passing shall allow reasonable
147
AUTOMOBILE LAW
time for such animal to be driven or conducted to the
right side of the road: Provided, that the driver of any
horse, horses or other draft animals or other farm animals
shall, upon the approach of any motor vehicle, traveling
in the opposite direction, drive to the right so as to give
to said motor vehicle one-half of the traveled portion of
the highway or street, and upon the approach of any snch
motor vehicle traveling in the same direction, the said
driver of any such animal or animals shall upon signal
of bell or horn from any such motor vehicle drive to the
right with reasonable promptitude so as to give to said
motor vehicle one-half of the traveled portion of the said
highway or street, and the operator of any motor vehicle
upon the approach of any driver of horse, horses or other
draft animals or other farm animals, moving in the op¬
posite direction, shall drive his motor vehicle to the right
so as to give one-half of the travelled portion of the high¬
way or street to the driver of said horse, horses or other
farm animals. It shall be a misdemeanor for any person
to operate a motor vehicle of any kind upon any public
highway or street while intoxicated, or under the influence
of intoxicating liquor, and upon conviction he shall be sub¬
ject to punishment by a fine not exceeding one hundred
dollars, or imprisonment in the county jail for not more
than six months, or by both such fine and imprisonment,
in the discretion of the court.
Application for Begistration—Fees—^Disposition of Moneys
Sec. 6. Every owner of a motor vehicle shall, for every
such vehicle owned by him, file in the office of the secre¬
tary of state a statement of his name and address, with
a brief description of the vehicle to be registered on a
blank, to be prepared and furnished by such secretary for
that purpose. The filing fee shall be one dollar ($1.00);
all of which fees to be paid into the general fund of the
state treasury as other fees now collected by the secretary
of state are required to be paid into the treasury.
148
INDIANA
ABSignment of Number
Sec. 7. The secretary of state shall thereupon file such
statement in his office, register such motor vehicle in a
book to be kept for that purpose and assign it a number
in the order of filing. Such numbers shall be determined
and arranged as follows: Numbers shall be in series of
one hundred, of which the first shall consist of the numbers
Al, A2, A3, and so on to AlOO inclusive; the second series
shall consist of the numbers Bl, B2, B3, and so on to BlOO
inclusive; the following series shall be arranged in the
same way, taking each letter in the alphabet in order un¬
til all such letters have been so used; the twenty-sixth
will thus consist of the numbers from Z-1 to Z-100 inclusive.
The twenty-seventh series shall then consist of the num¬
bers A O-l, A 0-2, A 0-3 and so on to A O-lOO inclusive
and the following series shall be arranged in the same
way, using all the letters of the alphabet. If it shall be
found necessary to use a third or further additional set
of such series number, such third set shall consist of
numbers beginning with Al-1, Al-2, and so on to Al-lOO
inclusive, and similar series shall be arranged for the suc¬
ceeding letters of the alphabet, and if necessary, additional
sets of such series numbers shall be formed in the same
way.
Be-Begistration
Sec. 8. Every person acquiring a motor vehicle shall file
a like statement with the secretary of state, and such
secretary of state shall in like manner file such vehicle
and assign it a number. If the vehicle has previously been
registered (under the amended act of 1907) such fact and
number assigned it shall be set forth in the statement, and
the previous registration shall be cancelled, but the num¬
ber of such previous registration may be assigned under
the new registration.
Begistratlon Seal
Sec. 9. The secretary of state shall forthwith on such
registration and without other fee issue and deliver to the
149
AUTOMOBILE LAW
owner of such motor vehicle a seal of aluminum or other
suitable metal, which shall be circular in form and two (2)
inches in diameter, and have stamped therein the words,
"Eegistered in the office of secretary of state of Indiana
under the motor vehicle law. No. ," with the regis¬
tration number inserted therein, which seal shall there¬
after at all times be conspicuously displayed on the motor
vehicle to which such number has been assigned.
Display of Number—Style and Size of Marker
Sec. 10. Every motor vehicle shall also at all times have
the number assigned to it by the secretary of state dis¬
played both on the front and on the back of such motor
vehicle in such manner as to be plainly visible, the number
to be Arabic numerals in white upon a black ground, each
four (4) inches in height, and each stroke to be of a width
of one-half (%) inch, and also as a part of such number the
first three (3) letters of the state name, all letters to be
four (4) inches in height, and no other designating mark
shall be required by any city, town or other municipality,
nor shall any city, town or other municipality require the
payment of any license upon any motor vehicle or by the
owner thereof: Provided, that the requirements of this
section, so far as the same relates to the display of a
number upon the front end of such niotor vehicle, shall
not apply to motor cycles.
Begistration by Manufacturer or Dealer
Sec. 11. A manufacturer of, or a dealer in motor vehicles
shall register one (1) of each style or type to be manufac¬
tured or dealt in by him, and be entitled to as many
duplicate registration seals for each type or style so manu¬
factured or dealt in as he may desire, on payment of an
additional fee of fifty (50) cents for each duplicate seal.
If a registration seal and the corresponding number shall
thereafter be affixed to and displayed on every vehicle of
such type or style as in this section provided, while such
vehicle is being operated on the public highways, it shall
be deemed a sufficient compliance with sections six (6),
150
INDIANA
eight (8) and ten (10) of this act, until such vehicle shall
be sold or let for hire. Nothing in this section shall be
construed to apply to a motor vehicle employed by a manu¬
facturer or dealer for private use or for hire.
Non-Besidents
Sec. 12. The provisions of sections seven (7) to ten (10),
inclusive shall not apply to motor vehicles owned and
operated by non-residents of this state, provided the owners
thereof have complied with any law requiring the registra¬
tion of owners or in force in the state, territory or federal
district of their residence, and the registration number
showing the initial of such state, territory or federal dis¬
trict shall be displayed on such vehicle substantially as
provided by section ten (10) of this act.
Penalties
Sec. 13. If any person neglects or refuses to comply with
any of the provisions of this act he shall on conviction
thereof before any justice of the peace or other court
having jurisdiction, be fined not more than fifty ($50.00)
dollars for a first offense and shall be fined not more than
one hundred ($100.00) dollars for a second offense, and
shall be fined not more than two hundred ($200.00) dollars
for a third or subsequent offense.
Associations for Exhibitions and Speed Tests
Sec. 1. [Approved March 6, 1909. See Stats. 1909 p.
290]. Any number of persons, not less than three (3) may
voluntarily associate themselves into a corporation in the
manner set forth in an act entitled "An act concerning the
organization and perpetuity of voluntary associations, re¬
pealing all laws in confiict therewith, legalizing the organ¬
ization of certain associations organized under former
laws, and declaring an emergency." Approved March
8, 1901, with all the rights, powers and privileges ex¬
pressed and granted by such act to associations or¬
ganized thereunder, and subject to all the provisions
of said act, for the following named purposes;
151
AUTOMOBILE LAW
To acquire by purchase, lease or otherwise, bold, own,
maintain, ornament and improve places, parks and ways
for shows and exhibits and speed and other tests of motor
cars, balloons or airships, to hold and conduct, or to license
or permit others to hold and conduct therein or thereon
such shows, exhibits, tests, to secure the co-operation
and participation in such shows or exhibits and speed or
other tests of motor cars, balloons and airships of manu¬
facturers and owners of and dealers in all or any there¬
of and of persons skilled in the arts and sciences ap¬
plicable thereto, to promote the development, use and sale
of all or any thereof and to transact all business inci¬
dental to all or any of said purposes".* • *
152
Iowa
Motor Vehicle Law
(Chapter 2-a. 1907 Code Supplement as Amended February
26, 1909.)
Definitions
Section 1571-a. The words and phrases used in this act
shall, for the purposes of this act only, be construed as
follows: 1. "Motor Vehicle" shall include all vehicles
propelled by any power other than muscular power, except¬
ing such motor vehicles as run only upon rails or tracks,
provided that nothing herein contained shall apply to trac¬
tion engines or roadrollers: 2. "Closely built up por¬
tions," shall mean the territory of a city, town or village
contiguous ta a public highway devoted to business or
where for not less than one-fourth (%) of a mile the
dwelling houses on such highway average not more than
one hundred (100) feet apart.
Appication for Registration—Fees
Sec. 1571-b. Every owner of a motor vehicle shall, for
every such vehicle owned by him, file in the oflSce of the
secretary of state a statement of his name and address,
with a brief description of the vehicle to be registered,
on a blank to be prepared and furnished by such secretary
for that purpose. The filing and registration fee shall be
five (5) dollars, payable to the secretary of state, provided,
however, that the fee for registering a motor cycle shall
be two dollars ($2.00) only.
153
AUTOMOBILE LAW
Becord of Begistrationg
Sec. 1571-c. The secretary of state shall thereupon file
such statement in his office, register such motor vehicle in
a book or card index to be kept for that purpose, and
assign it a number beginning with the number one (1)
and so on in the order of filing.
Be-Begistration
Sec. 1571-d. Every person acquiring a motor vehicle shall
file a like statement with the secretary of state, accom¬
panied by the fee required in section two (2) of this act,
and such secretary of state shall, in like manner, file such
statement, register such vehicle and assign it a number.
If the vehicle has previously been registered, such fact
and number assigned it shall be set forth in the statement,
and the previous registration shall be cancelled; but the
number of such previous registration may be assigned
under the new registration.
Display—Begistratioh by Manufacturer or Dealer—^Fees—
Seal
Sec. 1571-e. The secretary of state shall forthwith on
such registration, and without other fee, issue and deliver
to the owner of such motor vehicle a seal of aluminum or
other suitable metal, which shall be circular in form, not
over two (2) inches in diameter, and have stamped therein
the words, "Begistered in the office of the secretary of
state for the state of Iowa, under the motor vehicle law,
No. ," with the registration number inserted therein;
which seal shall thereafter at all times be conspicuously
displayed on the motor vehicle to which such number has
been assigned. Every dealer in motor vehicles may have
issued to him by the secretary of state, a dealer's number,
to be registered as such, which number, and also the num¬
ber displayed on the back of the motor vehicle as provided
in section six of this chapter, shall be preceded by the
capital letter "D," which number may be temporarily
used upon any motor vehicle owned by said dealer, or kept
and exhibited for sale by him, when demonstrating its use
154
IOWA
on the public streets or highways, and not in use for
hire. Every motor vehicle kept for hire shall have a sep¬
arate, individual, registered number the same as if kept by
the owner for private use. Every dealer in motor vehicles
is hereby required to apply to the secretary of state on or
before the first day of July of each year for a dealer's num¬
ber and a dealer's permit to use the same, the annual
fee for which shall be ten (10) dollars, payable to the
secretary of state when the number and permit are applied
for; provided, however, that a dealer may if he chooses
register each motor vehicle in his possession separately
and individually, in which event he shall not be required to
take out a dealer's number. The same number may be rc-as-
signcd to the same dealer, but shall not be transferable
to any other person, firm or company. Every dealer's per¬
mit shall expire on the thirtieth day of June following the
date of its issue. When the dealer has an established place
of business in more than one city or town, he shall procure
a separate and distinct dealer's number and permit for each
such place of business.
Display of Marker
Sec. 1571-f. Every motor vehicle shall also at all times
have the number assigned to it by the secretary of state
displayed on the back of such motor vehicle in such a
manner as to be plainly visible, the number to be in Arabic
numerals, each not less than three (3) inches in height,
and each stroke to be of a width not less than one-half (%)
inch, and also as a part of such number the initial and
terminal letters of the state's name, such letters to be not
less than two (2) inches in height. No person shall operate
a motor vehicle on the public streets or highways without
a number displayed as provided above, nor with any other
number than that assigned to said vehicle by the secretary
of state and registered in the name of the owner thereof.
Non-Besidents
Sec. 1571-g. The provisions of sections two (2) to five (5)
inclusive shall not apply to motor vehicles owned and oper-
155
AUTOMOBILE LAW
ated by non-residents of this state, provided the owners
thereof have complied with any law requiring the regis¬
tration of owners of motor vehicles in force in the state,
territory or federal district of their residence, and the
registration number showing the initial of such state, terri¬
tory or federal district shall be displayed on such vehicle
substantially as provided by section six (6) of this act.
General Speed Bates
Sec. 1571-h. No person shall operate a motor vehicle on
a public highway at a rate of speed greater than is reason¬
able and proper, having regard to the traffic and use of
the highway, or so as to endanger the life or limb of any
person, or in any event in the closely built up portions of
a city, town or village, at a greater rate than one (1)
mile in six (6) minutes or elsewhere in a city, town or
village at a greater rate than one (1) mile in four (4)
minutes, or elsewhere outside of a city, town or village at
a greater average rate than twenty (20) miles per hour;
subject, however, to the other provisions of this section.
Upon approaching a crossing of intersecting public high¬
ways, or a bridge, or a sharp curve, or a steep descent,
and also in traversing such crossing, bridge, curve or
descent, a person operating a motor vehicle shall have it
under control and operate it at a rate of speed less than is
hereinbefore specified, and in no event greater than
reasonable and proper, having regard to the traffic then
on such highway and the safety of the public.
Signal of Distress
Sec. 1571-i. Any person operating a motor vehicle shall,
at request or on signal by putting up the hand, from a
person riding or driving a restive horse or other draft or
domestic animals, bring such motor vehicle immediately to
a stop, and, if traveling in the opposite direction, remain
stationary so long as may be reasonable to allow such
horse or animal to pass, and, if traveling in the same direc¬
tion, use reasonable caution in passing such horse or
animal, and the operator and occupants of any motor
156
IOWA
vehicle shall render necessary assistance to the party hav¬
ing in charge said horse or other draft animal in so passing.
Bells—^Brakes—^Hom—Lamps
Sec. 1571-j. Every motor vehicle while in use on a public
highway shall be provided with good and eflScient brakes,
and also with a suitable bell, horn or other signal, and be
so constructed as to exhibit, during the period from one
(1) hour after sunset to one (1) hour before sunrise, one
or more lamps showing white light visible within a reason¬
able distance in the direction toward which such vehicle
is proceeding, and also a red light visible in the reverse
direction.
Powers of Local Authorities
Sec. 1671-k. Cities and towns shall have no power to pass,
enforce or maintain any ordinance, rule or regulation
requiring of any owner or operator of a motor vehicle
any license or permit to use the public highways or exclud¬
ing or prohibiting any motor vehicle whose owner has
complied with section two (2) or section four (4) of this
act from free use of such highway, and all such ordi¬
nances, rules or regulations now in force are hereby de¬
clared to be of no validity or effect; provided that noth¬
ing in this act shall be construed as limiting the power of
local authorities to make, enforce and maintain ordinances,
rules or regulations, in addition to the provisions of this
act, affecting motor vehicles which are offered to the pub¬
lic for hire.
Penaltiea
Sec. 1671-1. The violation of any of the provisions of this
act, shall be deemed a misdemeanor, punishable by a fine
not exceeding twenty-five dollars ($25) for the first offense,
and punishable by a fine of not less than twenty-five dollars
($25) nor more than fifty dollars ($50), or imprisonment
not exceeding thirty (30) days in the county jail for a
second or subsequent offense.
157
AUTOMOBILE LAW
Law of the Bead
Sec. 1569. Persons on horseback, or in vehicles, meeting
each other on the public road, shall give one-half of the
same, turning to the right. A failure in this regard shall
make the delinquent liable for all damages resulting there¬
from, together with a fine not exceeding five dollars, which
fine shall be devoted to the repair of the roads, in the
district where the violation occurred, but no prosecution
shall be instituted except on complaint of the person
wronged.
Insurance Against Fire
Sec. 1709. (Act approved April 8, 1909, see laws 1909 p.
103). Any company organized under this chapter or autho¬
rized to do business in this state may:* * * 9. Insure * *
automobiles against loss or damage by fire from any cause
whatsoever, explosion, self-ignition, lightning, salvage,
theft, robbery, pilferage, collision, or marine or railfbad
perils.
158
Kansas
Motor Vehicle Law
(Chap. 67, Laws 1903.)
Oeftnitions
Section 1. The term [s] "automobile" and "motor vehi¬
cle" as used in this act shall be construed to include all
types and grades of motor vehicles propelled by electricity,
steam, gasoline, or other source of energy, commonly known
as automobiles, motor vehicles, or horseless carriages, using
the public highway and not running on rails or tracks. * *
Scope of Act
Sec. 2. This act shall in no case change or repeal in any
particular the present laws relating to the operation and
management of steam traction engines of any kind along
the public highways, neither shall the present laws in rela¬
tion to the management of steam traction engines have
any application as to the management and use of automo¬
biles or motor vehicles along the public highways of this
state.
Brakes—^Bells—Horns—Lamps
Sec. 3. Every automobile or motor vehicle shall be pro¬
vided with a suitable bell, horn or other signal and be
provided with good and efficient brakes. Every automobile
or similar motor vehicle shall be so constructed as to ex¬
hibit during the period from one hour after sunset to one
hour before sunrise one or more lamps showing white
lights visible within a reasonable distance in the direction
toward which the automobile is proceeding. The lamp or
lamps shall be so placed as to be free from obstruction to
light from other parts of said automobile or motor vehicle.
159
AUTOMOBILE LAW
General Speed Bates
Sec. 4. No person driving or in charge of an automobil*
or motor vehicle on any street, avenue, parkway, or drive¬
way, or public highway, in this state, shall drive or operate
the same at any speed at any time greater than is reason¬
able and proper, having due regard to the traflSc and use
of the highway, or so as to endanger the life or limb of
any person.
Special Speed Bates
Sec. 5. No automobile or other motor vehicle shall be run
on any public highway outside the limits of the thickly
settled or business part of any city or town at a speed
exceeding twenty miles an hour, and no such vehicle shall
be run on any public street or highway within the thickly
settled or business part of any city or town at a speed
exceeding ten miles an hour.
Approaching Animals—Signal of Distress
Sec. 6. Every person having control or charge of a motor
vehicle or automobile shall, whenever upon any public
street or highway and approaching any vehicle drawn by
a horse or horses, or any horse upon which any person is
riding or driving domestic animals, operate, manage and
control such motor vehicle or automobile in such manner
as to exercise every reasonable precaution to prevent the
frightening of any such horse or horses or domestic animals
and to insure the safety and protection of any person
riding or driving the same, and if such horse or horses or
domestic animals appear restive and frightened, the person
in control of such motor vehicle shall reduce the speed
thereof, and if practicable turn to the right and give the
road, and, if requested by signal or otherwise by the driver
of such horse or horses or domestic animals, shall proceed no
farther towards such animal or animals, but remain station¬
ary so long as may be necessary to allow such horses or do¬
mestic animals to pass. This provision shall apply to auto¬
mobile or motor vehicles going either in the same or in the
opposite direction.
160
KANSAS
Speed at Crossings, Etc.
Sec. 7. Upon approaching a crossing or intersecting ways,
and also in traversing the crossing or intersection, the
person in control of any automobile or motor vehicle shall
run at a rate of speed less than that above specified, and
not greater than is reasonable and proper, having regard
to the traffic and the use of the intersecting ways.
Powers of Local Authorities
Sec. 8. The cities of the first, second and third class of
this state shall have power by local ordinance to regulate
and control the use and speed of automobiles and motor
vehicles within the limits of said cities and prescribe
penalties for the violation thereof; such ordinances not
to be inconsistent or repugnant with the provisions of this
act.
Fines and Penalties
Sec. 9. Any person failing to comply with the require¬
ments of this act or violating any of its provisions shall
be guilty of a misdemeanor, and upon conviction in a court
of competent jurisdiction shall be punished by a fine not
exceeding one hundred dollars.
161
Kentucky
Motor Vehicle Law
(Approved March 26, 1904.)
General Speed Bates
Section 1. No person shall operate a motor vehicle on a
public highway at a rate of speed greater than is reasonable
and proper at the time and place, having regard to the traf¬
fic and use of the highway and its conditions, or so as to
endanger the life or limb of any person, or in any event
at a greater rate than fifteen miles an hour, subject, how¬
ever to the other provisions of this section.
Special Speed Bates
Sec. 2. Upon approaching a crossing of intersecting public
highways, or a bridge, or a sharp curve, or a steep descent,
and also in traversing such crossing, bridge, curve or
descent, a person operating a motor vehicle shall have it
under control and operate it at a rate of speed no greater
than six miles an hour, and in no event greater than is
reasonable and proper, having regard for the traffic then
on such highway and the safety of the public.
Frightening Animals
Sec. 3. Upon approaching a person walking in the road¬
way of a public highway, or a horse or other draft animals,
being ridden or driven thereon, a person operating a motor
vehicle shall give warning of its approach by signaling
with a horn, bell or other device not calculated to frighten
such animal and use every reasonable precaution to insure
the safety of such person or-animal, and in case of horses
or other draft animals, to prevent frightening the same,
gnd at once reduce the speed at whiQh i^uc)) v^MqIq is being
lea
KENTUCKY
operated and hold same under control, and, if such horses
or other draft animals appear frightened, to not more
than one-half the speed permitted by section two, and
bring the same to a stop, if apparently necessary for the
safety of such person or animal, having due regard to
safety of passengers in such motor vehicle.
Signal of Distress
Sec. 4. A person operating a motor vehicle shall, at re¬
quest or on signal by putting up the hand, from a person
riding or driving a restive horse or hordes or other draft
animals, bring such motor vehicle immediately to a stop,
if necessary, having due regard for the safety of persons,
vehicles and animals, and if traveling in the opposite direc¬
tion, remain stationary so long as may be reasonable to
allow such horse or animals to pass, and, if traveling in
the same direction, use reasonable caution in thereafter
passing such horse or animal; provided, that in case such
horse or animal appears badly frightened, or he is requested
BO to do, the person operating such motor vehicle shall,
if apparently safer, cause the motor of such vehicle to
cease running so long as shall be reasonably necessary to
prevent accident, and insure the safety of person, vehicles
and animals.
Law of the Boad
Sec. 5. Whenever a person operating a motor vehicle shall
meet on a public highway any other person riding or driv¬
ing a horse or horses or other draft animals or any other
vehicle, the person so operating such motor vehicle shall
seasonably turn the same to the right of the center of such
highway so as to pass without interfering. Any such per¬
son so operating a motor vehicle shall, on overtaking any
such horse, draft animal or other vehicle, pass on the left
side thereof and the rider or driver of such horse, draft an¬
imal or other vehicle shall, as soon as practicable, turn to
the right so as to allow free passage on the left. Any such
person operating a motor vehicle shall, at intersection of
public highways, keep to the right of the intersection of
163
AUTOMOBILE LAW
the center of such highway when turning to the right and
pass to the left of such intersection when turning to the
left.
Brakes—Bells—Homs—Lamps
Sec. 6, Every motor vehicle, while in use on a pnblie
highway, shall be provided with good and efficient brakes,
and also with a suitable bell, horn or other signal, and be
so constructed as to exhibit, during the period necessary
from or after sunset until not necessary before sunrise, a
white light visible within a reasonable distance in the
direction toward which the vehicle is proceeding, and red
light in reverse direction; provided that in case of heavy
fog, if necessary, such light shall be displayed in daytime
before sunset and after sunrise.
Fines and Penalties
Sec. 7. Whoever shall violate the provisions of this act
shall be deemed guilty of a misdemeanor and, upon con¬
viction, be fined not less than ten dollars nor more than
one hundred dollars, and in addition thereto shall be liable
in a civil action to any person injured in his person or
damaged as to his property by the violation of the pro¬
visions of this act; and a lien shall attach to the vehicle
causing the injury or damage in favor of the person injured
or damaged, upon the filing of the suit for damages.
Powers of Local Authorities
Sec. 8. This act shall not apply to the operation or use
of automobiles or other motor vehicles within incorporated
cities or towns or to their use in the parks or parkways,
of any such city or town, or connected with or controlled
by such city or town; motor vehicles, as used in this act,
includes all vehicles propelled by gasoline or other explo¬
sive, vapor, steam, electricity or other kindred power, but
the provisions of this act do not apply to traction engines,
road rollers, fire engines, nor to motor vehicles run upon
rails or set tramways or tracks.
164
Louisiana
Motor Vehicle Law
There is no General Motor Vehicle Law
in this State.
165
Maine
Motor Vehicle Law
(Chapter 24, Bev. Stat., as amended by Chaps. 129 and 147,
Public Laws of 1905.)
Definitions
Section 1. As used in this chapter, the word "way" in¬
cludes all kinds of public ways, and the word "team" all
kinds of conveyances on such ways for persons and for
property.
Law of Boad—Traveling Opposite Directions
Sec. 2. When persons traveling with a team are approach¬
ing to meet on a way, they shall seasonably turn to the
right of the middle of the traveled part of it, so far that
they can pass each other without interference. When it
is unsafe, or difficult on account of weight of load to do
80, a person about to be met or overtaken, if requested,
ehall stop a reasonable time, at a convenient place, to enable
the other to pass.
Same—Traveling Same Direction
Sec. 3. When a person with a team is stationary, or trav¬
eling slowly on a way at a place unsafe or inconvenient for
passing him with a team, he shall, if requested, drive to
the right or left, or stop a reasonable time at a convenient
place, to allow the other to pass.
Same—Obstructing Highway Forbidden
Sec. 4. No person shall leave his team stationary on a way
80 as to obstruct the free passage of other teams, or allow
his team to be on a way without a driver.
• ••••••••
166
MAINE
Same—Penalty for Violating
Sec. 6. Any person injured by violation of either of the
previous sections, may recover damages in an action on
the case, commenced within one year. Such violator for¬
feits not less than one, nor more than twenty dollars, to
be recovered on complaint made within sixty days.
General Speed Sates
Sec.7. No automobile or motor vehicle shall be driven or
operated upon any highway, townway, public street, avenue,
driveway, park or parkway, at a greater rate of speed than
fifteen miles an hour, or upon any highway, townway,
public street, avenue, driveway, park or parkway, within
the compact or built up portions of any city, town or vil¬
lage, the limits of which shall be fixed by the municipal
ofQcers thereof, at a greater rate of speed than eight miles
an hour, except where such city or town may by ordinance
or by-law permit a greater rate of speed.
Special Speed Bates
Sec. 8. No person driving or in charge of an automobile
or motor vehicle on any highway, townway, public street,
avenue, driveway, park or parkway, shall drive the same
at any speed greater than is reasonable and proper, having
regard to the traflSc and use of the way by others, or so
as to endanger the life or limb of any person; and racing
any such vehicle on any such ways or parks is hereby for¬
bidden.
Signal of Distress
Sec. 9. Every person driving or operating an automobile
or motor vehicle shall at request and signal by putting up
the hand, or by other visible signal, from a person riding
or driving a horse or horses or other domestic animals,
cause such vehicle to come to a stop as soon as possible
and to remain stationary so long as may be necessary to
allow such animal or animals to pass.
167
AUTOMOBILE LAW
Bells—Lamps
Sec. 10. Every such automobile or motor vehicle shall
have attached thereto a suitable bell or other appliance
for giving notice of its approach, which, when rung or
otherwise operated, may be heard at a distance of three
hundred feet; and shall also carry a lighted lamp between
one hour after sunset and one hour before sunrise.
Powers of Local Authorities
See. 11. Municipal officers of any city or town may des¬
ignate places on any streets or ways therein, where, in
their judgment, by reason of cliffs, embankments or other
exceptional natural conditions, the meeting of automobiles
or motor vehicles and horses would be attended with un¬
usual danger. Such designation shall be made by causing
the words "Automobiles—go slow" to be conspicuously
displayed on sign-boards at the right hand side of each
approach to the place to be designated, and not more than
one hundred and fifty feet distant therefrom; and an auto¬
mobile or motor vehicle, before meeting any horse between
such limits, shall be brought to a standstill, and shall not
proceed, unless by request of the rider or driver of the
horse, until such horse shall have passed; and no such
vehicle shall pass any place so designated at a greater
speed than four miles an hour.
Penalty for Violating Speed Regulations
Sec. 12. Whoever violates any provision of the five pre¬
ceding sections shall be punished by fine not exceeding
fifty dollars, or by imprisonment not exceeding ten days.
Application for Registration—Record—Fees—Certificate—
Display of Markers—Expiration of Certificate
Sec. 17. All automobiles and motor vehicles shall be
registered by the owner or person in control thereof in
accordance with the provisions of this act. Application
for such registration may be made, by mail or otherwise,
to the secretary of state upon blanks prepared under his
authority. The application shall, in addition to such other
168
MAINE
particulars as may be required by said secretary, contain
a statement of the name, place of residence and address
of the applicant, with a brief description of the automo¬
bile or motor vehicle, including the name of the maker, the
number, if any, affixed by the maker, the character of the
motor power and the amount of such motor power stated
in figures of horse power; and with such application shall
be deposited a registration fee of two dollars. The said
secretary shall then register, in a book to be kept for the
purpose, the automobile or motor vehicle described in the
application, giving to such automobile or motor vehicle a
distinguishing number or other mark, and shall thereupon
issue to the applicant a certificate of registration. Said cer¬
tificate shall contain the name, place of residence and ad¬
dress of the applicant, and the registered number or mark,
shall prescribe the manner in which said registered number
or mark shall be inscribed or displayed upon the automobile
or motor vehicle, and shall be in such form as the secretary
may determine. The secretary of state shall also furnish
the applicant two enameled iron plates containing the word
"Maine" in letters not less than one inch in height and
the number of registration in Arabic numerals not less
than four inches in height. The number plates must be
attached to the front and back of automobiles and one
number plate must be attached to the back of motor cycles.
On both automobiles and motor cycles the numbers must
be so placed as to be always plainly visible. A proper record
of all applications and of all certificates issued shall bo
kept by the secretary of state in his office and shall be open
to the inspection of any person during reasonable business
hours. The certificate of registration shall always be
carried in some accessible place in the automobile or motor
vehicle described therein. Upon the sale of any automobile
or motor vehicle its registration shall expire, and the vendor
shall immediately return the certificate of registration to
the secretary of state, with notice of sale, and of the name,
place of residence and address of the vendee.
169
AUTOMOBILE LAW
Beglstration by Manufactxirer or Dealer
Sec. 18. Every manufacturer of or dealer in antomobilee
or motor vehicles, may instead of registering each automo¬
bile or motor vehicle owned or controlled by him, make
application upon a blank provided by said secretary of
state for a general distinguishing number or mark, and
said secretary may, if satisfied of the facts stated in said
application, grant said application, and issue to the appli¬
cant a certificate of registration containing the name, place
of residence and address of the applicant, and the general
distinguishing number or mark assigned to him, and made
in such form as said secretary of state may determine; and
all automobiles and motor vehicles owned and controlled by
such manufacturer or dealer, shall, until sold or let for
hire or loaned for a period of more than five successive
days, be regarded as registered under such general distin¬
guishing number or mark. The fee for every such license
shall be ten dollars.
Application for Operator's License—Fees—Bevocation or
Suspension
Sec. 19. Licenses for operating automobiles and motor
vehicles shall be issued by the secretary of state. Applica¬
tion shall be made upon blanks prepared by the secretary
of state for this purpose, and the licenses issued shall be
in such form and shall contain such provisions as said secre¬
tary of state may determine. To such licensee shall be
assigned some distinguishing number or mark, and a proper
record of all applications for license and of all licenses is¬
sued shall be kept by the secretary of state at his ofiSce,
and shall be open to the inspection of any person during
reasonable business hours. Each license shall state the
time, place of residence of the licensee and the distinguish¬
ing number or mark assigned to him. The fee for each
license to operate shall be two dollars. All fees shall bo
deposited at the time of making the application. The sec¬
retary of state may at any time suspend or revoke any
license for any violation of this act or regulation made
thereunder. Before a license to operate is granted, the
170
MAINE
applicant shall present such evidence as to his qualifications
as may be required by the secretary of state.
Unregistered Vehicle Excluded from Highways
Sec. 20. Except as otherwise provided herein no automo¬
bile or motor vehicle after the first day of June, nineteen
hundred five, shall be operated upon any highway, town-
way, public street, avenue, driveway, park or parkway,
unless registered as heretofore provided, and no person
shall on or after the first day of June in the year nineteen
hundred five, operate an automobile or motor vehicle upon
any highway, townway, public street, avenue, driveway,
park or parkway, unless licensed to do so under the pro¬
vision of this act.
Non-Besidents
Sec. 21. Automobiles or motor vehicles owned by non-resi¬
dents of this state and driven by a person licensed in this
or in some other state may be operated on the roads and
highways of this state unless prohibited by special law or
town ordinance duly authorized by the legislature, subject,
however, to the provisions of sections seven, eight, nine,
ten, eleven, and twelve, and provided that such person shall
show in front and at the back of his automobile and at the
back of his motor cycle the registration number granted
him in such other state, and the name of the other state in
Arabic letters at least one inch high. The provisions of
this and the preceding sections shall not prevent the ope¬
rating of automobiles by unlicensed persons if riding with
or accompanied by a licensed operator.
Fines and Penalties
Sec. 22. Whoever violates any provision of the five pre¬
ceding sections shall be punished by fine not exceeding
fifty dollars, or by imprisonment not exceeding ten days.
Special Law Applicable to Castine
Section 1. The town of Castine in the county of Hancock
at any legal meeting of the voters thereof, may close to the
171
AUTOMOBILE LAW
use of automobiles the following streets within its limits:
So much of Main street as extends north of Water street;
so much of Water street as extends west of Main street;
so much of High street as extends west of State street; so
much of Wadsworth Cove road as extends from Fort
George to Wadsworth Cove, shore or beach; so much of Pe¬
nobscot Bay road as extends north of the Bagaduce road.
Any street or road so closed or so much thereof as is closed,
shall be marked at the point where it is closed, by a sign¬
board in large letters, "No automobiles allowed on this
road.''
The term "automobile" as used in this section applies to
all motor vehicles propelled by power. For the violation of
this act the town of Castine may vote at said meeting what
punishment shall be inflicted for the violation thereof, but
for the flrst offense, not over fifty dollars, and cost of pros¬
ecution; for the second offense, not over fifty dollars or
thirty days' imprisonment or both, and cost of prosecution.
(Ch. 326 L. 1905.)
Special Law Applicable to Camden and Lincolnville
Section I. The town of Camden in the county of Enoxand
the town of Lincolnville in the county of Waldo, at any
legal meeting of the voters of each of said towns may adopt
by-laws prohibiting the use of automobiles on the follow¬
ing named section of roads within their respective limits,
which having steep grades and being narrow, circuitous,
and on the margin of Lake Meguntieook, is unsuitable and
dangerous for their use: The road known as the Turnpike,
beginning at Hopkins Corner, so-called, in Camden, and ex¬
tending to Young Town, so-called, in Lincolnville. The
said section of road so closed shall be marked at all en¬
trances to it by sign-boards, in large letters, "No automo¬
biles allowed on this road."
Sec. 2. The term "automobiles," as used in this section,
applies to all motor vehicles propelled by power. The
towns of Camden and Lincolnville may vote in said meet¬
ings what punishment shall be inflicted for the violation of
such by-laws, but for the first offense, not over twenty-five
172
MAINE
dollars and cost of prosecution, and for the second offense,
not over twenty-five dollars and thirty days' imprisonment,
or both, and costs of prosecution. (Chap. 53, L. 1907.)
Special Laws Applicable to Bluehill
Section 1. The town of Bluehill in the county of Hancock,
at any legal meeting of the voters thereof, may adopt by¬
laws prohibiting the use of automobiles on the following
named sections of road within its limits, which having steep
grades and being narrow and circuitous are unsuitable and
dangerous for their use, to wit, from the Granite bridge,
near Wescott's Corner, so-called, easterly and southerly to
Friend's Corner, thence northeasterly to East Bluehill
bridge, thence northerly to Inman's private way on.
Morgan's Bay road, so-called; also the road leading from
Babson's Corner, so-called, northerly to Durgan's Corner,
so-called, also the road leading from the Brooklin line
northerly and westerly to Falls bridge, also the road leading
from Herrick's Corner, so-called, northeasterly to Parker
Point, so-called, thence northwesterly to Main street in
Bluehill village, also the road leading from the corner near
the Ball place, so-called, southwesterly and westerly to the
corner near the Bluehill Inn. Any section of road so closed
shall be marked at the entrance thereof by signboards in
large letters, "No automobiles allowed on this road."
The term "automobile" as used in this section, applies to
all motor vehicles propelled by power. The town of Blue¬
hill may vote at said meeting what punishment shall be
inflicted for the violation of such by-laws, but for the first
offense, not over twenty-five dollars and cost of prosecution,
and for the second offense, not over twenty-five dollars and
thirty days' imprisonment, or both, and cost of prosecu¬
tion. (Chap. 56, Laws 1907.)
Special Law Applicable to Beadfield
Section 1. The town of Beadfield, in the county of Kenne¬
bec, at any legal meeting of the voters thereof may adopt
by-laws prohibiting the use of automobiles on the following
named road within its limits, which, being narrow and cir-
173
AUTOMOBILE LAW
cuitous, is unsuitable and dangerous for their use, to wit:
The Pond road, so-called, being the road beginning at the
road leading from Seadfield to Kent's Hill near the saw¬
mill and running thence northwesterly to the road leading
from Mount Vernon to Kent's Hill. Said road shall be
marked at the entrance thereof by sign-boards, in large
letters, "No automobiles allowed on this road."
The term "automobile" as used in this section applies to
all motor vehicles propelled by power. The town of Bead-
field may vote at said meeting what punishment shall be
inflicted for the violation of such by-laws; bu^, for the
first offense, not over twenty-five dollars and cost of pros¬
ecution, and for the second offense, not over twenty-five
dollars and thirty days' imprisonment, or both, and cost of
prosecution. (Chap. 329, L. 1907.)
Special Law Applicable to Eden, Mount Desert, Tremont and
Southwest Harbor
Section 1. No automobile or motor vehicle shall be set up,
used, driven or operated in or on any highway, townway,
or public street within any of the towns of Eden, Mount
Desert, Tremont and Southwest Harbor, on the island of
Mount Desert, in the county of Hancock, state of Maine.
Sec. 2. Whoever sets up, uses, drives or operates any auto¬
mobile or motor vehicle contrary to the provisions of sec¬
tion one hereof shall on first conviction be punished by a
fine of twenty dollars and costs of prosecution, and on
second and every subsequent conviction shall be punished
by a fine of fifty dollars and costs of prosecution or by im¬
prisonment for not exceeding sixty days or by both
and imprisonment.
Sec. 8. The words "motor vehicle," as herein used, shall
not be construed to include steam road rollers used by au¬
thority of the town ofScers.
Sec. 4. In such of the said towns as shall accept this act
at any legal meeting called by a warrant containing an
article for that purpose, this act shall, subject to the pro¬
visions of the state constitution thereto applicable, take ef¬
fect ten days after it shall be so accepted. (Chap. 123,
174
MAINE
P. L. 1909.)
[Note.—The towns of Eden, Mount Desert and Tremont
have accepted the provisions of this act. The town of
Southwest Harbor has rejected them.]
What Companies May Insure Automobiles
Insurance companies authorized to do business in this
state, having a marine department, are hereby authorized
to insure automobiles in such manner and under such form
of policy as may be agreed upon between any such com¬
pany and the party insured. (L. 1909, p. 47.)
175
Maryland
Motor Vehicle Law
[Chapter 449, Laws 1906, Approved April 3, 1906, amending
Sees. 131 to 140, inclusive, of Art. 56, Code 1904.]
Application for Registration—Record—^Fees
Section 131. Every resident of this state, who is the owner
of a motor vehicle, and every non-resident owner whose
motor vehicle shall be driven in this state, except as herein
otherwise provided, shall file in the oflBce of the secretary
of state at Annapolis, a declaration duly verified by affida¬
vit made before a notary public of this or any other state,
that such owner, or the person who is to operate the same,
is competent to drive the motor vehicle for which applica¬
tion for license is made, and a written statement contain¬
ing the name and address of such owner, together with a
brief description of the character of such motor vehicle
including the name and maker, and the manufacturer's
number of the motor vehicle, if number there be, and the
rated horse power of such motor vehicle, and shall pay to
the secretary of state a registration fee of three dollars for
each motor vehicle, one dollar of which fee shall be re¬
tained by the secretary of state for his services in issuing
the license, and the remaining two dollars shall be paid
to the state treasurer for the use of the state road fund.
The secretary of state shall issue for each motor vehicle so
registered, a certificate properly numbered, stating that
such motor vehicle, is registered in accordance with this
section, and shall cause the name of the owner, with his
address, the number of his certificate, and a description of
such motor vehicle or motor vehicles to be entered in al-
176
MARYLAND
phabetical order of the owner's name in a book to be kept
for such purpose; this section not to apply to manufactur¬
ers of motor vehicles except as to vehicles kept by such
manufacturers for private use or for hire.
Display of Markers—Fictitious Markers Prohibited—Penalty
for Violation—^Residents of District of Columbia Excepted
—Toll Boads
Sec. 132. The owners of each and every motor vehicle and
every other person driving the same upon the public streets,
public roads, turnpike, parks, highways, public driveways,
or other public highways in this state, shall have the reg¬
istration number issued as aforesaid by the secretary of
state, upon the back and front of every such motor vehicle
fixed stationary in a conspicuous place so as to be plainly
visible at all times during daylight, such numbers to be
separate Arabic numerals not less than three inches in
height, the strokes to be of a width not less than three-
eighths of an inch, such numbers to be of white letters on
a black ground and such owner shall not be required to
place any other marks of identity upon such motor vehicle,
provided, however, that in the event of the sale of the
motor vehicle, or letting for hire of the same, the pur¬
chaser or person hiring the same may for a period of five
days ensuing the delivery or hiring to him of such vehicle,
including in such computation the day of delivery, operate
such vehicle under the number of the previous owner or
letter; provided he have and display on demand the actual
consent in writing of such previous owner or letter so to
do. Upon the expiration of such period of five days the
right to continue the use of such number shall absolutely
cease and terminate and its use after such period shall be
regarded as the displaying of a fictitious number within
the meaning of this section. Any person driving a motor
vehicle in this state, the owner of which shall not have
complied with the provisions of this sub-title, or which
motor vehicle shall display a fictitious number, the same
being a number other than that designated for such motor
vehicle by the secretary of state shall, upon conviction,
177
AUTOMOBILE LAW
bo fined in a sum not exceeding fifty dollars and, in de¬
fault of payment thereof, be punished by imprisonment in
the county or city jail, as the case may be, for a period not
exceeding thirty days; no number other than the Maryland
state number shall be carried upon the front and back of
the said motor vehicle while operated or used on any of
the public highways of this state aforesaid; provided, that
residents of the District of Columbia shall not be required
to remove the District number or tag when coming into
Maryland, if such tag contains the initials D, C. in plain
letters not less than one-half inch in height after such Dis¬
trict license number; and provided, also, that where it
clearly appears that the registration number has been lost
by accident no penalty shall be imposed. Every operator of
a motor vehicle shall give the name of the owner or the
name and residence of the person hiring the motor vehicle
if the said motor vehicle be a hired machine and the regis¬
tration number of such vehicle when so requested by the
keeper of a toll-gate. The managers or owners of all toll-
roads shall after dark suspend a red lantern over the road¬
way when the gate is down.
Lamps, Brakes, Bells, Horns—Bate of Speed—^When Lights
FaU
Sec. 133. Every motor vehicle shall carry during the period
from one hour after sunset to one hour before sunrise, at
least two lighted lamps, showing white lights, visible at
least two hundred feet in the direction in which such motor
vehicle is proceeding, and shall also exhibit at least one
red light visible in the reverse direction; upon the fronts of
the two aforesaid lamps showing white lights, shall be dis¬
played in such manner as to be plainly visible when said
lamps are lighted, the number of the license issued as
aforesaid by the secretary of state, the same to be in sepa¬
rate Arabic numerals in lines that are not less than two
inches in height. Every motor vehicle shall also be pro¬
vided with good and efficient brakes, and shall also be pro¬
vided with suitable bell, horn or other signal device; pro¬
vided, however, that the user of such motor vehicle may
178
MARYLAND
proceed to his destination in event of a bona fide failure
of his lights to operate, if he sounds his bell, horn or other
signal device at least once in every two hundred feet, does
not proceed at a rate of speed greater than one mile in
ten minutes, and takes the first reasonable opportunity to
put his lights in order, otherwise such operator to be
deemed guilty of a violation of the aforegoing provision.
General Speed Bates
Sec. 134. The following rates of speed may be maintained,
but shall not be exceeded, upon any public street, public
road or turnpike, public park or parkway, public driveway
or public highway in this state by any one driving a motor
vehicle: (1) A speed of one mile in ten minutes upon the
sharp curves of a highway and at the intersection of prom¬
inent cross roads where such road or highway passes
through the open country. (2) A speed of one mile in
ten minutes where such street or highway passes through
the built-up portion of a city, town or village; except cities
of 16,000 inhabitants or over; elsewhere except as otherwise
provided in this sub-title a speed of one mile in five min¬
utes; provided, however, that nothing in this section con¬
tained shall permit any person to drive a motor vehicle
at any speed greater than is reasonable, having regard to
the traffic and use of highways, or so as to endanger the
life or limb, or to injure the property of any person; and
it is further provided that nothing in this section contained
shall affect the right of any person injured in his person
or property by the negligent operation of a motor vehicle
to sue and recover damages as heretofore.
Frightening Animals—Signal of Distress—Rendering Assis¬
tance—Law of Bead—Special Speed Bates
Sec. 135. Upon approaching a person walking in the road¬
way of a public highway, or a horse or other draft animal
being ridden, led or driven thereon, a person operating a
motor vehicle, shall give reasonable warning of its ap¬
proach by signalling with a horn or other device, and shall
reduce the speed of such vehicle to a speed not exceeding
179
AUTOMOBILE LAW
one mile in ten minutes, while near to and passing such
animals so ridden, led or driven as aforesaid, and it shall
be the duty of the person so riding, leading or driving such
horse or other animal when approached from the rear, as
soon as practicable, to turn to the right of the center of the
roadway, leaving a clear open space for such motor vehicle
to pass. If such horse or other draft animal shall appear
frightened at the approach of such motor vehicle, whether
approaching from the front or rear, or if the person in
charge of such animal shall signal by raising his hand, the
person in charge of such motor vehicle, if going toward
such horse from an opposite direction, shall guide the mo¬
tor vehicle as far as practicable to the side of the road¬
way, and bring the same to a stop and remain standing
until the person in charge of such horse or other animal
can drive or alight, and lead his horse by, or, if going in
the same direction, shall reduce the speed of such motor
vehicle and bring the same to a stop until such person in
charge of such horse or other draft animal shall have had
reasonable time to alight, if desired, and take hold of such
horse or other draft animal, or otherwise control the same.
In meeting or overtaking horses or other draft animals
ridden or driven by ladies or children unattended by a
man, it shall be the duty of the person in charge of a
motor vehicle to use every reasonable precaution to avoid
frightening such horse or other animal, and if requested so
to do, to stop such motor vehicle, alight therefrom, and
lead such horse or other animal by such motor vehicle, and
take such other precaution as may be necessary to avoid
accident. The horn or other signal device shall be used
only for the purpose of giving a signal of approach, and
shall not be sounded while passing a horse or other draft
animal. The horn or other signal device shall also be
sounded in approaching sharp curves, intersecting high¬
ways and the tops of hills, when driving in the open coun¬
try. In passing a horse or other draft animal left unat¬
tended by the roadside, whether hitched or unhitched, and
whether in a city, town or village, or in the open country,
the person in charge of a motor vehicle shall reduce the
180
MARYLAND
speed thereof to a mile in ten minutes, and upon any sign
of the horse or horses being frightened, shall immediately
stop and give notice of his approach by a blast of his horn
or other signal device, and remain standing until the owner
or driver of such horse or horses can get hold of or control
same.
Powers of Local Authorities
Sec. 136. The board of county commissioners, or other
proper local authorities having charge of the roads and
highways (in Baltimore city the board of police commis¬
sioners), may in their discretion, notwithstanding the other
provisions of this sub-title, set aside for a given time a
specified public highway or highways for speed tests or
contests, to be conducted under proper restrictions for the
safety and convenience of the public.
Racing Prohibited—Penalty
Sec. 137. Any person driving a motor vehicle upon any
of the public highways of this state in an organized race
(except as in this act otherwise provided) or on a bet or
wager, shall upon conviction, be fined in a sum not exceed¬
ing one hundred dollars and in default of payment thereof,
be punished by imprisonment in the county or city jail,
as the case may be, for a period not exceeding thirty days,
the words *' organized race'' as used in this section not to
be taken to embrace a casual brush on the public high¬
ways, which, however, is hereby prohibited, and is to be
deemed punishable, when on a highway where persons are
driving, as a violation of the section prohibiting a greater
speed than is reasonable, and when otherwise and the speed
exceeds twelve miles an hour, as a violation of sub-title 3
of section 134 of this act.
Leaving Machine Unattended—Tampering with Machine—
Penalties
Sec. 138. No person operating any steam or electric motor
vehicle in this state shall allow the same to stand unat¬
tended on or by any road, street or other highway, without
181
AUTOMOBILE LAW
securely locking the lever or other device by which the
same is started, or taking other reasonable precautions to
prevent such vehicle being started by unauthorized per¬
sons; and no persons operating any gasoline motor vehicle
shall leave the same unattended as aforesaid without first
stopping the motor and cutting off the electric current.
The penalty for a violation of the aforegoing provision
shall be a fine not less than ten dollars. Any person who
shall, without authority of the perfeon in charge thereof,
climb upon or in any automobile, whether while the same
is in motion or at rest, or hurl stones or other missiles at
the same, or at the occupants thereof, or who shall, while
such motor vehicle is at rest and unattended, sound the
horn or other signaling device, or attempt to manipulate
any of the levers, the starting crank, brakes or machinery
thereof, or set said vehicle in motion, or otherwise damage
or interfere with the same, shall be deemed guilty of a
misdemeanor, and upon conviction, be fined in a sum not
exceeding fifty dollars, and in default of payment of the
fine so imposed shall be imprisoned in jail or other proper
place of detention, for a period not exceeding sixty days.
General Fines and Penalties—Habitnal Becklessness—Trial
—Bail
Sec. 139. Any person violating the provisions of this sub¬
title shall, except as otherwise provided herein, upon con¬
viction be fined in a sum not exceeding the amounts here¬
inafter respectively set forth: For a violation of section
131, fifty dollars; for a violation of section 132^ twenty
dollars; for a violation of section 133, twenty dollars; for
a violation of section 134, subdivision 1, twenty-five dol¬
lars; for a violation of section 134, subdivision 2, twenty-
five dollars; for a violation of section 134, subdivision 3,
fifty dollars; for a violation of section 135, fifty dollars.
In default of the payment of any of the above fines, there
shall be imposed an imprisonment in the county or city
jail, as the case may be, for a period not exceeding thirty
days, provided that any offender who shall have been found
guilty of any violation of this sub-title and sentenced there-
182
MARYLAND
for, and who shall be convicted of a second offense of the
same violation, may for such second offense be fined in
double the amount herein prescribed for the first offense,
and in default of payment of such fine, may be imprisoned
in jail as aforesaid for a period not exceeding three months.
In the case of any operator of a motor vehicle arrested for
a violation of any of the provisions of this sub-title, and
who in addition thereto is charged on oath with being an
habitually reckless driver or with driving habitually in
excess of speed limits of this sub-title prescribed, or with
habitually driving in disregard of other provisions of this
sub-title, the magistrate before whom such charge is pre¬
ferred, shall transmit the papers in such case to court,
accepting bail or committing in default thereof as in other
cases, and upon the persons so charged being convicted of
the charge so preferred as aforesaid, and if the court be
satisfied that such person has been an habitually reckless
driver, or has habitually driven in excess of the speed lim¬
its herein prescribed, or in habitual disregard of other pro¬
visions of this sub-title, such court may in its discretion
sentence the person so convicted to imprisonment in the
county or city jail, as the case may be, for a term not ex¬
ceeding sixty days, in addition to imposing the fine pre¬
scribed. Any person charged with the violation of any of
the provisions of this sub-title and being convicted thereof
before any committing magistrate or justice of the peace
of this state, shall have the right to appeal from the judg¬
ment of such magistrate to the criminal court of Baltimore
city, if convicted in Baltimore city, or court of criminal
jurisdiction of any county in which he may be so convicted,
and such court on such appeal shall hear the case de novo;
provided, however, that such appeal be taken within thirty
days from the date of judgment. All fines imposed for
violations of the provisions of this sub-title shall be
turned over to the proper authorities of the city or coun¬
ties to be used for street or road improvements, and no
part of any such fines shall go to the informer. In case the
owner of an automobile shall be taken into custody because
of a violation of any provision of this sub-title, he shall be
183
AUTOMOBILE LAW
forthwith taken before the nearest justice of the peace or
police justice or court, and be entitled to an immeduite
hearing and if such hearing cannot then be had, be re¬
leased from custody on giving his personal recognizance
to appear and answer for such violation at such time and
place as shall then be ordered, secured by the deposit of a
sum equal to the maximum fine for the offense with which
he is charged, or in lieu thereof, by leaving the motor
vehicle owned by such person, with or in the custody of
such justice of the peace, police justice or clerk of such
police court, or, in case such justice of the peace or police
justice is not accessible, be forthwith released from cus¬
tody, on giving his name and address to the officer making
such arrest, and depositing with such officer a sum equal
to the maximum fine for the offense for which such arrest
is made, or in lieu thereof, by leaving the motor vehicle
owned by such person with such officer; provided, that in
such case, the officer making such arrest shall give a re¬
ceipt in writing for such sum or vehicle, and by indorse¬
ments on such receipt notify such person to appear before
the nearest justice of the peace or police justice or court
on the following day, naming him or it, and specifying the
place and hour. In case security shall be deposited, as in
this section provided, it shall be returned to the person
depositing the same forthwith on such person being ad¬
mitted to bail, on the surrender of the receipt or voucher
given at the time to such person. If a motor vehicle shall
be deposited as security as aforesaid, and the owne^
thereof so elect and pay the expenses thereof, the same
shall be taken to the nearest garage or other place where the
same can be properly kept and protected, and there be left
subject to the order of the officer or justice in whose cus¬
tody it was left as aforesaid. Any officer or other person
using or operating any motor vehicle so left in custody as
aforesaid, shall be deemed guilty of a misdemeanor, and
upon conviction, shall be sentenced to pay a fine not ex¬
ceeding one hundred dollars, or in default thereof be im¬
prisoned for a period not exceeding sixty days. If the per¬
son depositing such security as aforesaid shall fail to ap-
184
MARYLAND
pear before the magistrate or court at the time specified,
the amount deposited by him may be declared forfeited,
and be disposed of as money deposited for bail in other
cases, or the motor vehicle so left as security may be sold
at public auction after ten days' notice to the owner at
the address given, and by hand bills publicly posted, such
sale to be by order of the justice of the peace or police
justice or court, and from the amount realized upon such
sale a sum equal to the maximum fine for the offense
charged shall be disposed of in like manner as though
such sums had been deposited as aforesaid, and the sur¬
plus, if any, after deducting all expenses incurred in
keeping, or the sale of such motor vehicle, be returned to
such owner on demand.
"Chauffeur" Defined—^License to Operate—Fees—Display
of Badge—Bonuses Prohibited—Penalties
Sec. 139a. The word "chauffeur" as used in this section
shall mean any person operating a motor vehicle as me¬
chanic, employe, or for hire, except employes of manufac¬
turers testing uncompleted automobiles. Every person
hereafter desiring to operate a motor vehicle as a chauf¬
feur, shall file in the office of secretary of state, on a blank
to be supplied by such secretary, a statement duly verified
by affidavit, including his name and address, and the trade
name and motive power of the motor vehicle or vehicles
he is able to operate, and shall pay a registration fee of
two dollars, one dollar of which fee shall be retained by
the secretary of state for his services in issuing the license
and for furnishing the said chauffeur with a badge, and the
remaining one dollar shall be paid to the state treasurer
for the use of the state road fund. The secretary of state
shall thereupon file such statement in his office, register
such chauffeur in a book to be kept for the purpose, prop¬
erly indexed and assign such chauffeur a distinguishing
registration number. The secretary of state shall forth¬
with upon such registration, and without further fee, issue
and cause to be delivered to such chauffeur, a badge of
aluminum or other suitable metal, which shall be oval in
185
AUTOMOBILE LAW
form, and the greater diameter of which shall not be more
than two inches, having stamped thereon the words "Reg¬
istered Chauffeur, No. , Maryland," with regis¬
tration number inserted therein; which badge shall there¬
after be worn by such chauffeur pinned upon his clothing
in a conspicuous place at all times while he is operating a
motor vehicle upon the public highways. No chauffeur
having registered as herein above provided, shall knowingly
permit any other person to wear his badge, nor shall any
other person, while operating a motor vehicle, wear any
badge belonging to another person, or badge bearing a fic¬
titious number. No person shall knowingly employ any
person to operate a motor vehicle as a chauffeur unless the
person so employed has complied with the provisions of
this section, and no person shall operate a motor vehicle as
a chauffeur upon the public highways, after thirty days
after this act takes effect, unless such person shall have
complied in all respects with the requirements of this sec¬
tion. No chauffeur or other person shall drive or operate
any motor vehicle upon any street or highway in the ab¬
sence of the owner of such motor vehicle without his con¬
sent. No chauffeur or other person having the care of a
motor vehicle for the owner shall receive or take, directly
or indirectly, any bonus, discount or other consideration
on supplies or parts furnished or purchased for such motor
vehicle, or on work or labor done thereon by others; and
no person furnishing such supplies or parts, work or labor,
shall give or offer any such chauffeur or other person hav¬
ing the care of a motor vehicle for the owner, directly or
indirectly, any bonus, discount or other consideration there¬
on. Any person violating any of the provisions of this
section shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined a sum not exceeding one hundred
dollars, or be imprisoned in the city or county jail for a
period not exceeding sixty days. Chauffeurs, while operat¬
ing motor vehicles on the public highways of this state
shall be subject to all the provisions and penalties in this
sub-title provided, relating to violations of the provisions
of this sub-title, and upon conviction of a second offense
186
MARYLAND
or of any offense in this sub-title prohibited, the justice
of the peace or other judicial oflScer imposing sentence
may revoke such chauffeur's license for a period not ex¬
ceeding three months in addition to imposing the penalty
prescribed, such judicial officer to retain such chauffeur's
badge until the expiration of the period for which his
license may be revoked. Upon conviction of a chauffeur in
a criminal court, and his being found by the court to be an
habitual offender, as in section one hundred and thirty-nine
of this sub-title provided, the court may in its discretion
revoke such chauffeur's license absolutely; in which event
such chauffeur's badge shall be returned to the secretary
of state and the person to whom such badge was so issued
shall not be permitted or entitled to register again for a
period of one year from the date of such conviction.
"Motor Vehicle" Defined
Sec. 140. Whenever the term motor vehicle is used in this
sub-title, it shall be construed to include automobiles, loco¬
mobiles, and all other vehicles propelled otherwise than by
muscular power and having more than two wheels, but
shall not be taken to include the cars of electric and steam
railways and other vehicles running only upon rails or
tracks, road or traction engines, bicycles, tricycles or other
similar vehicles propelled exclusively by muscular power,
or motor cycles, except as to the speed herein prescribed.
Licenses Heretofore Issued
Sec. 3. (Act April 3, 1906.) All licenses to operate motor
vehicles in this state heretofore issued by the secretary of
state, shall remain in full force and effect and shall not be
in any wise affected by the provisions of this act.
Exemption from Distress for Bent or Bepairs
The following property is exempt from distress for rent,
to-wit: • • » Every * • • motor vehicle and ap¬
purtenances, not the property of the tenant, in any
187
AUTOMOBILE LAW
• • • garage, or which may be stored with any keeper
of any • * • garage, or other persons, or in any place
* • • and any vehicle not the property of the tenant
in any shop for repair. [Chapter 93, Laws 1908, approved
March 18, 1908, amending Article 53, Code, 1904.J
188
Massachusetts
Motor Vehicle Law
[Approved June 19, 1909.]
Defixiltloiis
Section 1. Terms used in this chapter shall be construed
as follows, unless a different meaning is clearly apparent
from the language or context, or unless such construction
is inconsistent with the manifest intention of the legis¬
lature; "Automobile" shall include all motor vehicles ex¬
cept motor cycles. "Chauffeur" shall mean any person
who operates a motor vehicle other than his own and who
directly or indirectly receives pay or any compensation
whatsoever for any work or services in connection with
motor vehicles, except only manufacturers, agents, pro¬
prietors of garages and dealers, who do not operate for hire.
An employe of a manufacturer or a dealer whose principal
occupation is that of a salesman may at the discretion
of the commission be exempted from this definition and
be designated as an operator. "Commission" shall mean
the Massachusetts highway commission. "Dealer" shall
include every person who is engaged in the business of
buying, selling or exchanging motor vehicles on commis¬
sion or otherwise, and every person who lets for hire two
or more motor vehicles. "Garage" shall mean every place
where five or more motor vehicles are stored or housed at
any one time for pay, except only such places in which
motor vehicles are kept by the owners thereof without
payment for storage. "Intersecting way" shall mean any
way which joins another at an angle, whether or not it
crosses the other. "Motor cycle" shall apply only to
motor vehicles having but two wheels in contact with the
189
AUTOMOBILE LAW
ground, and a saddle on which the driver sits astride.
"Motor vehicle" shall include automobiles, motor cjclee
and all other vehicles propelled by power other than mns>
cular power, except railroad and railway cars and motor
vehicles running only upon rails or tracks, ambulances,
fire engines and apparatus, police patrol wagons and other
vehicles used by the police department of any city or
town or park board solely for the official business of snch
department or board, road rollers, and street sprinklers.
"Non-resident" shall apply to residents of states or coun¬
tries who have no regular place of abode or business in
this commonwealth for a period of more than three months
in the calendar year. "Number plate" shall mean the
sign or marker furnished by the commission on which is
displayed the register number or mark of an automobile
assigned to such automobile by the commission. "Opera¬
tor" shall mean any person who operates a motor vehicle
other than a chauffeur. "Person," wherever used in con¬
nection with the registration of a motor vehicle, shall in¬
clude all corporations, associations, partnerships or other
aggregations of individuals who own or control such ve¬
hicles as owners, or for the purpose of sale, or for rent¬
ing, as agents, salesmen or otherwise. "Police officer" or
"officer" shall include any constable or other officer au¬
thorized to make arrest or serve process, provided he is in
uniform or displays his badge of office. "Begister num¬
ber" shall apply to the number or mark assigned by the
commission to a motor vehicle, whether or not such num¬
ber or mark includes a letter or letters; and said number
or mark, except on motor cycles, shall always be in sepa¬
rate Arabic numerals at least four inches in height, with
strokes not less than one-half of an inch in width.
"Thickly settled or business part of a city or town"
shall mean the territory of a city or town contiguous to
any way which is built up with structures devoted to
business, or the territory of a city or town contiguous to
any where the dwelling houses are situated at sueh dis¬
tances as will average less than two hundred feet between
them for a distance of a quarter of a mile or over. "Way"
190
MASSACHUSETTS
Bhall mean any public highway, private way laid out un¬
der authority of statute, street, avenue, road, alley, park or
parkway.
Application for Registration—^Record—Fees—Transfer of
Ownership—Style of Markers—Revocation
Section 2. Application for the registration of motor ve¬
hicles may be made by the owner thereof, by mail or other¬
wise, to the Massachusetts highway commission or any
agent thereof designated for that purpose, upon blanks
prepared under its authority. The application shall con¬
tain, in addition to such other particulars as may be re¬
quired by the commission, a statement of the name, place
of residence and address of the applicant, with a brief
description of the motor vehicle, including the name of the
maker, the number, if any, aflSxed by the maker, the char¬
acter of the motor power; and with such application shall
be deposited the proper registration fee as provided in
section twenty-nine. The commission or its duly author¬
ized agent shall then register in a book or upon suitable
index cards to be kept for the purpose the motor vehicle
described in the application, giving to said vehicle a dis¬
tinguishing number or other mark to be known as the
register number for that vehicle, and shall thereupon issue
to the applicant a certificate of registration. The certifi¬
cate shall contain the name, place of residence and ad¬
dress of the applicant and the register number or mark,
and shall be in such form and contain such further infor¬
mation as the commission may determine. An applicant
for the registration of a motor vehicle who does not file
his application therefor until after the thirtieth day of
September in any year shall be entitled to a reduction in
the fee for such registration as provided in section twen¬
ty-nine. Upon the transfer of ownership of any motor ve¬
hicle its registration shall expire, and the person in whose
name such vehicle is registered shall forthwith return the
certificate of registration to the commission with a written
notice containing the data of such transfer of ownership
and the name, place .of residence and address of the new
191
AUTOMOBILE LAW
owner. A person who transfers the ownership of a regis¬
tered motor vehicle owned by him to another, upon the fil¬
ing of a new application and upon payment of the proper
fee, may have registered in his name another motor vehicle
for the remainder of the calendar year, provided the horse
power of such motor vehicle is the same as that of the mo¬
tor vehicle first registered by him, or if the vehicle sought
to be registered is a motor cycle; but if the horse power of
the automobile is greater than that of the automobile first
registered'by him, the applicant shall pay, in addition to
the said fee, the difference between the fee paid by him for
the said vehicle first registered and the fee for the regis¬
tration of an automobile of the higher horse power, as
provided in section twenty-nine. A person who before
the first day of August in any year transfers the owner¬
ship of an automobile registered in his name and who ap¬
plies for the registration of another motor vehicle of
less horse power than that of the vehicle so transferred,
shall be entitled upon payment of the proper fees set forth
in section twenty-nine, to a rebate equivalent to one half
the difference between the respective fees for the higher
and the lower horse powers, and a person under like con¬
ditions who does not apply for the registration of another
automobile shall be entitled to a rebate of one half the
fee paid for the registration of such vehicle provided, how¬
ever, that no such rebate shall be paid except upon a certifi¬
cate filed with the auditor of the commonwealth, setting
forth the facts, and signed by the commission, and that the
rebate shall be paid out of the fees received or the registra¬
tion of automobiles and motor vehicles. The commission,
at its discretion, may assign to the motor vehicle of any
person who surrenders his registration certificate as here¬
in provided and who desires to register another motor ve¬
hicle the register number of the motor vehicle described in
the surrender certificate. The commission shall furnish at
its office without charge to every person whose automobile
is registered as aforesaid two number plates of suitable de¬
sign, each number plate to have displayed upon it the
register number assigned to such vehicle, but no such
192
MASSACHUSETTS
number plates shall be furnished by the commission for
motor cycles. The commission shall furnish in like manner
to every person whose motor cycle is registered as aforesaid
a seal, circular in form, approximately two inches in di¬
ameter, bearing thereon the words "Registered Motor
Cycle No. Mass." together with the year of the issue
thereof and with the register number of the motor cycle
stamped or otherwise suitably inscribed thereon. Such
number plates and seals so furnished shall be valid only
for the calendar year for which they are issued. If the com¬
mission shall determine at any time that for any reason
a motor vehicle is unsafe or improperly equipped or other¬
wise unfit to be operated it may refuse such vehicle, and
the commission may for like reasons revoke any registra¬
tion already recorded. The horse power of every automobile
sought to be registered shall be determined by the com¬
mission, and such determination shall be final and conclu¬
sive. Every application filed under the provisions of this
section shall be sworn to by the applicant before a justice
of the peace or a notary public. The fee for such oath
shall not exceed twenty-five cents. The registration of
every motor vehicle shall expire at midnight upon the
thirty-first day of December in each year.
Non-Besidents
Section 3. A motor vehicle owned by a non-resident of
this state, who has complied with the laws relative to
motor vehicles and the operation thereof of the state in
which he resides, may be operated on the ways of this
state for a.period not exceeding ten days without registra¬
tion, except as otherwise provided in section ten. Every
such vehicle so operated shall have displayed upon it the
distinguishing number or mark of the state in which the
owner thereof resides, and none other until the vehicle is
registered in accordance with the provisions of this act.
If the vehicle be an automobile said number or mark shall
be displayed upon two number plates substantially as pro¬
vided in section five. A motor vehicle so owned may be
operated also in this state during the months of July,
August and September in any one year if application for
193
AUTOMOBILE LAW
the registration thereof is made in accordance with the
provisions of section two, and the proper fee provided for
in section twenty-nine is paid and the said vehicle is duly
registered by the commission of its authorized agent. The
commission shall furnish at its office without charge to
every person whose automobile is registered as aforesaid
two number plates of suitable design, each number plate
to have displayed upon it the register number assigned to
such vehicle, but no su(!h number plates shall be furnished
by the commission for motor cycles. The commission shall
furnish in like manner to every person whose motor cycle
is registered as aforesaid a seal, circular in form, approxi¬
mately two inches in diameter, bearing theron the words
"Eegistered Motor Cycle No. Mass." together with
the year of the issue thereof and with the register number
of the motor cycle stamped or otherwise suitably inscribed
thereon. Such number plates and seals shall be valid only
during the period of time for which they are issued.
Every application filed under the provisions of this section
shall be sworn to by the applicant before a justice of the
peace or a notary public. The fee for such oath shall not
exceed twenty-five cents. Every such registration shall ex¬
pire at midnight upon the thirtieth day of September in
each year.
Begistration by Manufacturers and Dealers
Section 4. Every manufacturer of or dealer in motor ve¬
hicles may make application, by mail or otherwise, upon a
blank provided by the commission for a general distin¬
guishing number or mark, instead of registering each
motor vehicle owned or controlled by him, and with such
application shall be deposited by the proper registration fee,
as provided in section twenty-nine; and the commission
may grant the application, if satisfied of the facts stated
in the application, and issue to the applicant a certificate
of registration containing the name, business address of the
applicant and the general distinguishing number or mark
assigned to him, and made in such form and containing
such further information as the commission may determine;
194
MASSACHUSETTS
and all motor vehicles owned or controlled by such manu¬
facturer or dealer shall be regarded as registered under
such general distinguishing number or mark until sold or
let for hire or loaned for a period of more than five suc¬
cessive days. The commission shall furnish at his office
without charge to every manufacturer of or dealer in auto¬
mobiles whose vehicles are registered in accordance with
the provisions of this section five pairs of number plates
of suitable design, the plates to have displayed upon them
the register number which is assigned to the motor vehicles
of such manufacturer or dealer with a different letter or
letters or mark on each pair of number plates, but no such
number plates shall be furnished by the commission for
motor cycles. The commission shall furnish at the price
stated in section twenty-nine to every person whose ve¬
hicles are registered as aforesaid as many seals for motor
cycles as such person shall apply for, said seals to be
circular in form, approximately two inches in diameter,
bearing thereon the words "Registered Motor Cycle No.
Mass." together with the year of the issue thereof
and with the register number or mark of the manufacturer
or dealer stamped or suitably inscribed thereon, and each
seal so furnished shall also bear a different letter or
letters. Such number plates and seals shall be valid only
for the calendar year for which they are issued. Every
application filed under the provisions of this section shall
be sworn to bythe applicant before a justice of the peace
or a notary public. The fee for such oath shall not exceed
twenty-five cents. Every such registration shall expire at
midnight upon the thirty-first day of December in each
year.
Display of Markers
Section 5. Every automobile operated in or on any way
in this commonwealth shall have its register number dis¬
played conspicuously thereon on the two number plates fur¬
nished by the commission, in accordance with the provisions
of section two, three and four, one number plate to be
attached at the front and the other at the rear of said ve-
195
AUTaraOBILE LAW
hide 80 that the said number plates and the register
number thereon shall be always plainly visible. The bot¬
tom of each number plate shall be horizontal, and not less
than eight and not more than thirty-six inches from the
ground. The said number plates shall be kept clean and
the numbers legible, and during the period when the vehi¬
cle is required to display lights the rear register number
shall be illuminated so as to be plainly visible at a distance
of sixty feet. No number plates other than such as are pro¬
cured from the commission or such as may be authorized
by it for temporary use, except as provided in section
three, shall be displayed on any automobile so operated;
and if any number plate supplied by the commission is lost
or mutilated or if the register number thereon becomes
illegible, the owner or person in control of the automobile
for which said number plate was furnished shall apply in
writing to the commission for a new number plate, and
deposit with his application the sum of seventy-five cents
for each new number plate, and thereupon the commission
shall issue to such applicant a permit allowing him to place
a temporary number plate bearing his register number upon
said automobile until a number plate of the regular design
is made and delivered to said applicant; provided, however,
that all such temporary number plates and the register
numbers thereon shall conform to the regular number
plates and be displayed as nearly as may be as herein
provided for said regular number plates.
Markers for Motor Cycles
Section 6. Every motor cycle operated in or on any way
shall have displayed conspicuously the seal bearing the
register number furnished in accordance with the pro¬
visions of section two, three and four of this act for such
vehicle. Said seal shall be fastened securely to some part
of the vehicle or to some contrivance firmly attached there¬
to, in the rear of the saddle.
Brakes—^Mufflers—Bells—^Lamps—Locks
Section 7. Every motor vehicle of more than ten horse
power operated in or on any way shall be provided with at
196
MASSACHUSETTS
least two brakes, powerful in action and separated from
each other, of which one brake shall act directly on the
driving wheels or on parts of the mechanism which are
firmly connected with said wheels. Each of the two
brakes shall suffice alone to stop the motor vehicle within
a proper distance. One of the two brakes shall be so ar¬
ranged as to be operated with the feet: provided, however,
that on automobiles not exceeding ten horse power one
brake shall be deemed to be sufficient. Every motor cycle
shall be provided with at least one brake which may be
operated by hand. Every motor vehicle so operated shall
be provided with a muffler or other suitable contrivance
to prevent unnecessary noise and with a suitable bell,
horn or other means of signaling, and with suitable lamps*,
and shall be provided with a lock, a rachet brake which
can be set, a key or other contrivance to prevent subh vehi¬
cle from being set in motion by unauthorized persons, or
otherwise, contrary to the will of the owner or person in
charge thereof. Every automobile operated during the
period from one half an hour after sunset to one half an
hour before sunrise shall display at least two white lights,
and every motor cycle so operated at least one white
light, which shall be visible not less than two hundred feet
in the direction toward which the vehicle is proceeding;
and every such motor vehicle shall display at least one red
light in the reverse direction. Every automobile so oper¬
ated shall have a rear light so placed as to show a red light
from behind and a white light so arranged as to illuminate
and not obscure the rear register number.
Operator's License
Section 8. Application to operate automobiles may be
made, by mail or otherwise, to the commission or its duly
authorized agent upon blanks prepared under its authority.
The fees provided in section twenty-nine shall be deposited
with the application. Before such a license is granted
the applicant shall pass such examination as to his qualifi¬
cations as the commission shall require, and no license shall
be Issued until the commission or its authorized agent is
197
MASSACHUSETTS
satisfied that the applicant is a proper person to receive it.
No operator's license shall be issued to any person under
sixteen years of age. To each person shall be assigned some
distinguishing number ma'rk, and the licenses issued shall
be in such form as the commission shall determine; they
may contain special restrictions and limitations concern¬
ing the type of motor power, horse power, design and other
features of the automobiles which the licensee may ope¬
rate; they shall contain the distinguishing number or mark
assigned to the licensee, his name, place of residence and
address, and a brief description of the licensee for purposes
of identification; and such other information as the com¬
mission shall deem necessary. A person to whom a license
to operate automobiles has been issued, unless such lieense
contains a special limitation or restriction, may operate
any registered motor cycle. Special licenses may be is¬
sued to chauffeurs, and the commission shall furnish to
every chauffeur so licensed a suitable metal badge with the
distinguishing number or mark assigned to him thereon
without extra charge therefor; but no such license shall be
issued to any person less than eighteen years of age.
Said badge shall be valid only during the term of the
license of the chauffeur to whom it is issued as aforesaid.
Every person licensed to operate automobiles as aforesaid
shall endorse his usual signature on the margin of the
license, in the space provided for the purpose, immediately
upon the receipt of said license, and such license shall not
be valid until so endorsed. All licenses to operate motor
vehicles, heretofore commonly called "private operators'
license," and other than those of chauffeurs, shall expire
at midnight upon the thirty-first day of December in the
year nineteen hundred and nine, and thereafter all licenses
issued to operators and chauffeurs shall be valid for one
year only from the date of issue. A person whose motor
cycle has been registered in accordance with the provisions
of section two and three of this act may operate such
motor cycle without a license from the commission, and the
certificate of registration, for said vehicle shall be evi¬
dence of the right of the owner thereof to
198
MASSACHUSETTS
operate it while said registration is in force. Every
application filed under the provisions of this section shall be
sworn to by the applicant before a justice of the peace
or notary public. The fee for such oath shall not ex¬
ceed twenty-five cents.
ProTisions of Act Must be Observed
Section 9. No motor vehicle shall be operated after mid¬
night on the thirty-first day of December in the year nine¬
teen hundred and nine unless registered in accordance
with the provisions of this act, nor unless such vehicle
is equipped as provided in sections five, six and seven,
except as is otherwise provided in section three.
Unregistered Motor Vehicles Excluded from Highways
Section 10. No person shall operate a motor vehicle upon
any way in this commonwealth unless licensed under the
provisions of this act, except as is otherwise provided; but
the provisions of this section shall not prevent the oper¬
ation of motor vehicles by unlicensed persons if riding
with or accompanied by a licensed chauffeur or operator,
excepting only persons who have been licensed and whose
licenses are not in force because of revocation or sus¬
pension, and persons less than sixteen years of age; but
such licensed chauffeur or operator shall be liable for the
violation of any provision of this act or of any regulation
made in accordance herewith committed by such unlicensed
operator: provided, however, that the examiners of chauf-
flfeurs and operators, in the employ of the commission,
when engaged in their oflicial duty, shall not be liable for
the acts of any person who is being examined. During the
period of ten days within which a motor vehicle of a non¬
resident may be operated on the ways of this state in
accordance with the provisions of section three, such ve¬
hicle may be operated by its owner or by his chauffeur or
employe without a license from the commission, if the
operator is duly licensed under the laws of the state in
which he resides, or has complied fully with the laws of
the state of his residence respecting the licensing of opera-
199
AUTOMOBILE LAW
tors of motor vehicles; but if any such non-resident or his
chauffeur or employee be convicted by any court or trial
justice of violating any provision of the laws of this com¬
monwealth relating to motor vehicles or to the operation
thereof, whether or not he appeals, he shall be thereafter
subject to and required to comply with all the provisions
of this act relating to the registration of motor vehicles
owned by residents of this commonwealth and the licens¬
ing of the operators thereof. A record of the trial shall
be sent forthwith by the court of trial justice to the com¬
mission. Except as hereinbefore provided, no person shall
operate a motor vehicle for hire as as a chauffeur unless
specially licensed by the commission so to do, and while
so operating every chauffeur shall display conspicuously
the badge furnished to him by the commission upon the
front of his outermost coat or garment, so that the dis¬
tinguishing number or mark assigned to him by the com¬
mission shall be plainly visible.
Begistration Certificate to be Displayed
Section 11. Every person operating an automobile shall
have the certificate of registration for the vehicle and his
license to operate upon his person or in the vehicle in
some easily, accessible place, except that the certificate of
registration of dealers need not so be carried. Every per¬
son operating a motor cycle shall have the certificate of
registration for such vehicle upon his person. If for any
reason the commission or its agents are unable to issue
promptly to an applicant the certificate of registration
or the license applied for they may issue a receipt for
the fee or fees paid; and said receipt shall be carried in
lieu of the certificate or license as the case may be, and
for the period of thirty days from the date of its issue
said receipt shall have the Shme force and effect given to
the certificate by the provisions of this act.
Unlicensed Operators Cannot be Employed
Section 12. No person shall employ for hire as a chauf¬
feur or operator of a motor vehicle any person not specially
licensed as aforesaid.
200
MASSACHUSETTS
Duty When Leaving Machine Unattended on Highway
Section 13. No chauffeur or operator, when operating a
motor vehicle, shall have or permit to be on or in such
vehicle or on or about his person anything which may in¬
terfere with or impede the proper operation of the vehicle
or of any of the machinery or appliances by which the
vehicle is operated or controlled. No person having con¬
trol or charge of a motor vehicle shall allow such vehicle
to stand in any public street or way unattended without
first locking or making it fast or effectively setting the
brakes thereon, and stopping the motor of said vehicle.
Approaching Animals—Signal of Distress
Section 14. Every person operating a motor vehicle shall
bring the vehicle and the motor propelling it immediately
to a stop when approaching a horse or other draft animal
being led, ridden or driven, if such animal appears to be
frightened and if the person in charge thereof shall signal
so to do; and, if traveling in the opposite direction to that
in which such animal is proceeding, said vehicle shall re¬
main stationary so long as may be reasonable to allow
such horse or animal to pass; or, if travelling in the same
direction, the person operating shall use reasonable
caution in thereafter passing such horse or other animal.
In approaching or passing a car of a street railway which
has been stopped to allow passengers to alight or embark,
the operator of every motor vehicle shall slow down and if
it be necessary for the safety of the public he shall bring
said vehicle to a full stop. Upon approaching a pedestrian
who is upon the travelled part of any way and not upon a
sidewalk, and upon approaching an intersecting way or
curve or corner in a way where the operator's view is
obstructed, every person operating a motor vehicle shall
slow down and give a timely signal with his bell, horn or
other device for signalling. The driver of any motor
vehicle on any highway approaching a crossing of ways,
shall slow down and keep to the right of the intersection
of the centres of both ways, when turning to the right, and
shall pass to the right of the intersection of the centres of
said ways before turning to the left.
201
AUTOMOBILE LAW
Excluded from Certain Highways
Section 15. No person shall operate a motor vehicle nor
shall any owner of such vehicle permit it to be operated in
or over any way, public or private, whether laid out Under
authority of law or otherwise, from which motor vehicles
are excluded, provided notice of such exclusion is conspicu¬
ously posted at the entrance to such way.
General Speed Bates—Prima facie Evidence of Excessive
Speed
Section 16. Every person operating a motor vehicle on
any way in this commonwealth shall run it at a rate of
speed at no time greater than is reasonable and proper,
having regard to traflSc and th^ use of the way and the
safety of the public. It shall be prima facie evidence of
a rate of speed greater than is reasonable and proper as
aforesaid if a motor vehicle is operated on any way out¬
side of the thickly settled or business part of a city or town
at a rate of speed exceeding twenty miles per hour for the
distance of a quarter of a mile. It shall be prima facie
evidence of a rate of speed greater than is reasonable and
proper as aforesaid if a motor vehicle is operated on a way
inside the thickly settled or business part of a city or town
at a rate of speed exceeding fifteen miles per hour for the
distance of one eighth of a mile, or if a motor vehicle is
operated on any way upon approaching an intersecting
way, or in traversing a crossing or intersection of ways,
or in going around a corner or a curve in a street or way
where the operator's or chauffeur's view of the road traffic
is obstructed, at a rate of speed exceeding eight miles per
hour.
Powers of Local Authorities
Section 17. The city council of a city or the board of
aldermen of a city having no common council, and the
selectmen of a town, and boards of park commissioners, as
authorized by law, may make special regulations as to the
upon particular ways, and may exclude such vehicles alto-
epeed of motor vehicles and as to the use of such vehicles
202
MASSACHUSETTS
gether from certain ways: provided, however, that no such
special regulation shall be effective unless it shall have
been published in one or more newspapers, if there be any,
published in the city or town in which the way is situated,
otherwise in one or more newspapers published in the
county in which the city or town is situated; nor unless
notice of the same is posted conspicuously by the city,
town, or board of park commissioners making the regula¬
tion at points where any way affected thereby joins other
ways; nor until after the Massachussetts highway commis¬
sion shall have certified in writing, after a public hearing,
that such regulation is consistent with the public interests;
and no regulation shall be valid which excludes motor ve¬
hicles from any state highway or from any main highway
leading from any city or town to another. No ordinance,
by-law or regulation now in force in any city or town or
in any park or parkway which regulates the speed at which
motor vehicles shall be run upon its ways or which ex¬
cludes such vehicles therefrom or which governs or restricts
the use of such vehicles shall hereafter have any force or
effect, and all signs and other notices relating to the speed,
operation and use of motor vehicles which have not been
authorized under the provisions of this act shall be re-
removed forthwith from all ways; provided, however, that
no ordinance, by-law or regulation now in force upon the
island of Nantucket relating to the use of operation of
motor vehicles shall be affected by the provisions of this
act, and provided, further, that nothing herein contained
shall be construed as affecting the right of the metro¬
politan park commission, as now authorized by law, to
make rules and regulations governing the use and opera¬
tion of motor vehicles on lands, roadways and parkways
under its care and control, nor as affecting any such rule
or regulation already made by said metropolitan park com¬
mission, nor as affecting any sign or other notice already
placed or posted by or under the direction of said metro¬
politan park commission.
203
AUTOMOBILE LAW
Penalties and Punishments
Section 18. Any person convicted of a violation of any
provision of this act, or who is convicted of the violation
of any rule or regulation of the Massachusetts highway
commission made under authority of section twenty-seven,
or who is convicted of a violation of a special speed regu¬
lation lawfully made under authority of section seventeen,
may be punished by a fine of not less than ten dollars nor
more than twenty-five dollars for the first offense and not
less than twenty-five dollars nor more than fifty dollars for
a second offense, and not less than fifty dollars nor more
than one hundred dollars for subsequent offenses com¬
mitted during any period of twelve months. A complaint
against a person for the violation of sections eleven, six¬
teen or seventeen of this act may be placed on file at the
discretion of the court or trial justice if the violation ap¬
pears to have been unintentional or if no person or prop¬
erty could have been endangered thereby. Upon a third or
subsequent conviction in the same calendar year of a vio¬
lation of section sixteen or of section seventeen of this
act the commission shall forthwith revoke the license of
the person so convicted, and no new license shall be is¬
sued to such person for at least thirty days after the date
of such conviction, nor thereafter except in the discretion
of said commission.
Arrest and Bail
Section 19. Any oflScer authorized to make arrests may
arrest without warrant and keep in custody for not more
than twenty-four hours, unless Sunday intervenes, any per^
son operating a motor vehicle on any street or way who
does not have in his possession a license to operate motor
vehicles granted to him by the commission, and who vio¬
lates any statute, by-law, ordinance or regulation re¬
lating to the operation or control of motor vehicles;
and at or before the expiration of said period of time such
person shall be brought before a proper magistrate and
proceeded against according to law. The operator of any
motor vehicle who is arrested as aforesaid and solely be-
204
MASSACHUSETTS
cause he has violated a provision of section sixteen or of
section seventeen of this act shall be admitted to bail
for his appearance in court upon the deposit of one hun¬
dred dollars in cash, in lieu of a bail bond, with any person
authorized to take bail.
Power to Revoke or Suspend Registration and License
Section 20. The commision may suspend or revoke any
certificate of registration or any license issued to any per¬
son under the provisions of this act, after due hearing, for
any cause which it may deem sufidcient, and the commission
may suspend the license of any operator or chauffeur in
its discretion and without a hearing, and may order the
license to be delivered to it, whenever it has reason to
believe that the holder thereof is an improper or incom¬
petent person to operate motor vehicles, or is operating
improperly or so as to endanger the public; and neither the
certificate of registration nor the license shall be reissued
unless, upon examination or investigation, or after a hear¬
ing, the commission determines that the operator or chauf¬
feur should again be permitted to operate.
Penalty for Operating Without License
Section 21. Any person convicted of operating a motor
vehicle in this commonwealth after his license to operate
has been suspended or revoked, and any person convicted
of operating or causing or permitting any other person
to operate a motor vehicle after the certificate of regis¬
tration for such vehicle has been suspended or revoked, and
any person who attaches or permits to be attached to a
motor vehicle a number plate or seal assigned by the com¬
mission to another vehicle, or who obscures or permits to
be obscured the figures on any number plate or seal attached
to any motor vehicle, or who fails to display on a motor
vehicle the number plate or seal and the register number
duly issued therefor, with intent to conceal the identity of
such motor vehicle, or who wears a chauffeur's badge not
furnished to him by the commission, or who with intent
to conceal his identity wears a chauffeur's badge belonging
205
AUTOMOBILE LAW
to another person, shall be punished bj a fine of not more
than one hundred dollars or by imprisonment for a term of
ten days, or both such fine and imprisonment.
Penalty for Recklessness
Section 22. Whoever upon any way operates an automo¬
bile or motor cycle recklessly or while under the influence
of intoxicating liquor, or so that the lives or safety of
the public might be endangered, or upon a bet, wager or
race, or who operates a motor vehicle for the purpose of
making a record and thereby violates any provision of
sections sixteen and seventeen of this act, or who knowingly
goes away without stopping and making himself known
after causing injury to any person or property, or who
uses a motor vehicle without authority, shall be punished
by a fine of not more than two hundred dollars or by
imprisonment for a term not exceeding six months, or
both such fine and imprisonment; and if any person
be convicted a second time of operating an auto¬
mobile while under the influence of intoxicating liquor, he
shall be punished by imprisonment for a term of not less
than one year and not more than two years. A conviction by
a violation of this section shall be reported forthwith by
the court or trial justice to the commission, which shall
revoke immediately the license of the person so convicted.
If it appears by the records of the commission that the per¬
son so convicted is the owner of a motor vehicle, or has
exclusive control of any motor vehicles as a manufacturer
or dealer, the commission may revoke the certificate of
registration of all motor vehicles so exclusively owned or
controlled. Whenever any person so convicted appeals,
the commission shall suspend forthwith the license of the
person so convicted, and shall order the license delivered
to it, and shall not reissue said license unless such person
is acquitted in the appellate court, or unless the com¬
mission in its discretion, after an investigation or upon a
hearing, decides to reissue it. No new license or certificate
shall be issued by the commission to any person convicted
of a violation of this section until after sixty* days from
206
MASSACHUSETTS
the date of such final conviction, nor thereafter except in
the discretion of the commission.
Ihity in Case of Accident
Section 23. Any person who, while operating or in charge
of a motor vehicle, shall refuse when requested by a police
officer to give his name and address, or the name and ad¬
dress of the owner of such motor vehicle, or who shall give
a false name or address, or who shall refuse or neglect to
stop when signalled to stop by any police officer who is in
uniform or who displays his badge conspicuously on the
outside of his outer coat or garment, or who refuses on
demand of such officer to produce his license to operate
such vehicle or his certificate of registration, or to permit
such officer to take the license or certificate in hand for
the purpose of examination, or who refuses on demand of
such officer to sign his name in the presence of such officer,
and any person who on the demand of an officer of the
police or other official mentioned in section twenty-six of
this act, or authorized by the commission, without a rea¬
sonable excuse fails to deliver his license to operate motor
vehicles or the certificate of registration of any motor ve¬
hicle operated or owned by him, or the number plates or
seal furnished by the commission for said motor vehicle,
or who refuses or neglects to produce his license when
requested by a court or trial justice, shall be punished by
a fine of not less than twenty-five nor more than one
hundred dollars.
Becord of Trials
Section 24. A full record shall be kept by every court and
trial justice in this commonwealth of every case in which
a person is charged with a violation of any provision of
this act or of any other act relative to motor vehicles or
to the operation of such vehicles, and an abstract of
such record shall be sent forthwith by the court of trial
justice to the commission. Said abstracts shall be made
upon forms prepared by the commission, and shall include
all necessary information as to the parties to the case, the
207
AUTOMOBILE LAW
nature of the oflfense, the date of the hearing, the
the judgment and the result; and every such abstract shall
be certified by the clerk of the court or by the trial justice
as a true abstract of the record of the court. The commis¬
sion shall keep such records in its main office, and they
shall be open to the inspection of any person during rea¬
sonable business hours. Courts and trial justices shall, up¬
on their own initiative or upon the request of the commis¬
sion or its agents, furnish te the commission the details of
all particularly flagrant cases which may be heard before
them; and they may make such recommendations to the
commission as to the suspension or revocation of the li¬
censes and certificates of registration of the persons defend¬
ant in such cases as they may deem necessary.
Power of Highway Commission—^Witnesses of Offenses
Section 25. In the administration of the laws and regula¬
tions relative to motor vehicles and to the operators and
the operation thereof, any member of the Massachusetts
highway commission, or its secretary, if so authorized by
said commission, may summon witnesses in behalf of the
commonwealth and may administer oaths and take testi¬
mony. The commission may also cause depositions to be
taken, and may order the production of books, papers,
agreements and documents. Any person who swears or
affirms falsely in regard to any matter or thing respect¬
ing which an oath or affirmation is required by the com¬
mission or by this act shall be deemed guilty of perjury.
The fees for the attendance and travel of witnesses shall be
the same as for the witnesses before the superior court, and
shall be paid by the commonwealth upon the certificate of
the commission filed with the auditor. The supreme
judicial court or the superior court shall have jurisdiction
in equity, upon the application of the commission, to en¬
force all lawful orders of the commission under this section.
One of the employees of the commission shall be justice
of the peace, who shall administer any oath required by
this act without charge therefor.
208
MASSACHUSETTS
Same—Investisrators and Examiners and Other Officers
Section 26. The commiBsion shall appoint from time to
time competent persons to act as investigators and exami¬
ners; it may remove them for cause and appoint others
in their places, and it may determine their compensation
and terms of service and define their duties. Said in¬
spectors and examiners, with respect to the enforcement of
all provisions of law relative to motor vehicles and to
the ownership and operation thereof, shall have and ex¬
ercise throughout the commonwealth all the powers of con¬
stables, except the service of civil process, and of police
officers and watchmen, including the power to arrest any
person who violates any provision of this act, and they
may serve all processes lawfully issued by the courts or
by the commission. The commission may investigate the
cause of any accident in which any motor vehicle is in¬
volved which in its judgment requires investigation. The
selectmen of any town and the mayor and aldermen of
any city less than one hundred thousand inhabitants where
there is no police commission or police commissioner, and
the police commission or police commissioner, when such
exist, of any city, may from time to time appoint suitable
persons as special constables who shall serve without cost
to such city or town and who shall have all the powers
of police officers and constables in relation to the enforce¬
ment of all laws and regulations concerning motor vehicles
and the operation thereof. The chief officer of the police
department of every city and town and the chairman of
the selectmen of such towns as have no regular police de¬
partment shall notify the commission forthwith of the
particulars of every serious accident which happens with¬
in the limits of their respective city or town in which a
motor vehicle is involved, and as a result of which a death
occurs or appears likely to occur, and shall also, if possible,
ascertain the name of the operator of such vehicle and
notify the commission of the same. Every such officer,
npon request of the commission, shall demand forthwith the
license of any operator and the certificate of registration
and number plates or seal of any motor vehicle situated
209
AUTOMOBILE LAW
within the limits of the city or town where such ofucer re¬
sides when said license or certificate has been suspended
or revoked by the commission, and shall forward the
same to the commission. Whenever the death of any per¬
son results from any such accident, the commission shall sus¬
pend forthwith the license of the operator of the automobile
or the certificate of registration of the motor cycle involved
in said accident and shall order the said license or certifi¬
cate to be delivered to it; and the commission shall re¬
voke the same unless, upon investigation or after a hear¬
ing it determines that the accident occurred without serious
fault upon the part of said operator or chauffeur. No
operator or chauffeur whose license is revoked under the
provisions of this section shall be licensed again within
six months after the date of the suspension, nor there¬
after except in the discretion of the commission. A proper
record of all applications and of all certificates and licenses
issued shall be kept by the commission at its main office,
and such records shall be open to the inspection of any
person during reasonable business hours. The commission
may issue or cause to be issued a certified copy, attested by
its secretary, of any certificate of registration or of any
license to operate motor vehicles, which may have been
lost or mutilated, upon the written request of the person
entitled thereto; and such certified copies shall have the
same force and effect as the originals.
Some—Power to Establish Bules
Section 27. The commission may prepare rules and regu¬
lations from time to time governing the use and operation
of motor vehicles and the conduct of operators and chauf¬
feurs, and may from time to time alter, rescind or add to
any rules and regulations previously made by it. The
rules and regulations of the commission, and any -changes
therein, shall take effect when approved by the governor
and council and published in at least one newspaper
printed and published in each county of the commonwealth,
and such publication shall be sufficient notice to all per¬
sons. The sworn certificate of any member of the commis-
210
MASSACHUSETTS
sion or of its secretary that such rules and regulations
have been published as herein provided shall be prima
facie evidence that they have been made by the commis¬
sion and approved by the governor and council as provided
by the law. This section shall not be construed as giving
the Massachusetts highway commission power to regulate
the speeds at which motor vehicles may be operated on the
public ways.
Garage Becords
Section 28. Every manufacturer of and dealer in motor
vehicles, and every owner, proprietor, person in control,
or keeper of a garage, shall keep or cause to be kept in a
book a proper record of every automobile which enters
and which leaves his garage, stable, shop or place of busi¬
ness. Said book shall have columns and headings substanti¬
ally as follows:—
DATE.
Refflster
Niimlii'i' and
Letter, if
any.
Time
of entering
Garage.
Time,
of leaving
Garage.
Operator's
or
ChauflFeur's
Name.
A.M P.M.
A.M. P.M.
Every person operating or running a motor vehicle into or
out of a garage, or into or out of a stable, shop oi place
of business of a manufacturer or dealer, shall enter or
cause to be entered in said book, in the columns under the
proper headings, the date and time of entering and leaving,
the register number and letter, if any, of the motor vehi¬
cle, and the full name of the operator or chauffeur.
In the case of motor vehicles operated or run into or out
of a garage by others than chauffeurs, the record shall be
kept by the owner, proprietor or person in control of the
garage, or by some employee or employees specially desig-
t-il
AUTOMOBILE LAW
n&ted for this duty, and the said owner, proprietor or per¬
son, in control of such garage, shall be responsible for
the proper keeping of said record. All entries in said book
shall be made legibly, in ink or with an indelible pencil.
The said book shall be kept in some convenient place, and
be open at all times to the inspection of the commission
and its agents and of any police officer or constable.
Fees
Section 29. The commission or its authorized agents shall
collect fees as follows;—
For the registration of every motor cycle, including the
right of the owner thereof to operate the vehicle, two dol¬
lars.
For the registration of every commercial motor vehicle,
used solely as such, and every motor truck, regardless of
the horse power thereof, five dollars.
For the registration of every automobile of less than
twenty horse power, five dollars.
For the registration of every automobile of twenty horse
pov^er and above, but less than thirty horse power, ten
dollars.
For the registration of every automobile of thirty horse
power and above, but less than forty horse power, fifteen
dollars.
For the registration of every automobile of forty horse
power and above, but less than fifty horse power, twenty
dollars.
For the registration of every automobile of fifty horse
power and above, twenty-five dollars.
For the registration of the motor vehicles owned by or
under the control of a manufacturer of or dealer in motor
vehicles, if such person operates upon the public ways not
more than five automobiles, twenty-five dollars and five
dollars for every automobile in excess of five so operated.
For the registration of all of the motor cycles owned by
or under the control of a manufacturer of or dealer in
automobiles, including ten seals to be furnished with the
certificate of registration, ten dollars.
212
MASSACHUSETTS
For the registration of every motor vehicle owned by
non-resident who applies for registration under the pro¬
visions of section three of this act, and for the registra¬
tion of every automobile, and of the motor vehicles owned
by or under control of a manufacturer of or dealer in motor
vehicles, who applies therefor during the period beginning
with the first day of October and ending on the thirty-first
day of December, in any year, in accordance with the pro¬
visions of section two or of section four of this act, one-
half of the foregoing fees.
For the substitution of the registration of an automobile
for that of a motor cycle previously registered in accord¬
ance with the provisions of section two of this act, one dol¬
lar.
For the substitution of the registration of an automobile
for that of a motor cycle previously registered in accord¬
ance with the provisions of section two of this act, one dol¬
lar.
For every original operator's or chauffeur's license to
operate automobiles, two dollars.
For every renewal of any operator's or chauffeur's li¬
cense to operate automobiles, fifty cents.
For every examination given to an applicant for a li¬
cense or for the renewal of a license to operate motor ve¬
hicles, two dollars.
For every additional copy of a certificate of registration
or license, fifty cents.
For every additional number plate furnished to replace
such plates as have been lost or mutilated, or which are
illegible, and for every additional number plate furnished
to a manufacturer of or dealer in motor vehicles whose
business requires more than five pairs of such plates,
seventy-five cents.
For every additional seal furnished to replace such seals
as have been lost or mutilated, or which are illegible,
and for every seal furnished to a manufacturer of or dealer
in automobiles for use on motor cycles owned by or under
the control of such person, fifty cents; provided, however,
that the commission or its authorized agents may furnish
213
AUTOMOBILE LAW
without charge copies of certificates of registration and li¬
censes to operate, and copies of other documents relating
thereto, to oflicers of the commonwealth or of any court
thereof or of a city or town therein; and the commission
may issue certificates of registration for motor vehicles
and licenses to operate the same to any member of the
foreign diplomatic corps without the payment of the fees
therefor.
Disposition of Fees
Section 30. The fees and fines received under the pro¬
visions of this act, together with all other fees received
by the commission or any other person under the laws of
the commonwealth relating to the use and operation of
motor vehicles, shall be paid monthly by the secretary of
the commission or by the person collecting the same into
the treasury of the commonwealth, and shall be used by the
commission for such expenses as may be authorized by the
general court to carry out the provisions of law • regu¬
lating the use of motor vehicles; and the balance shall be
expended, under the direction of the commission, for the
maintenance of state highways without specific appropria¬
tion by the general court, in addition to all sums already or
hereafter appropriated by the general court for the same
purpose. No bills or schedules for work or materials con¬
tracted for under the provisions of this section shall be
paid unless such bills and schedules are approved by the
commission, nor until after audit and certification by the
auditor of the commonwealth as required by law for ex¬
penditures under specific appropriations. The provisions
of section sixteen of chapter forty-seven of the Eevised
Laws shall not apply to any expenditure made under auth¬
ority of this section out of the said fees and fines, and the
counties shall not be required to repay to the common¬
wealth any part of such expenditures.
Repeal
Section 31. All rules and regulations heretofore made by
the commission concerning the use and operation of motor
vehicles are hereby repealed. Chapter four hundred and
seventy-three of the acts of the year nineteen hundred
214
MASSACHUSETTS
and three; chapters three hundred and eleven and three
hundred and sixty-six of the acts of the year nineteen
hundred and five; chapters three hundred and fifty-three
and four hundred and twelve of the acts of the year
nineteen hundred and six; chapters two hundred and three,
four hundred and eight, four hundred and ninety-four and
five hundred and eighty of the acts of t^e year nineteen
hundred and seven; chapters six hundred and forty-two
and six hundred and forty-eight of the acts of the year
nineteen hundred and eight, and all other acts and parts
of acts inconsistent herewith, are hereby repealed.
Same—Construction of Previous Statutes
Sec. 32, The provisions of this act, so far as they are the
same as those of existing statutes, shall be construed as a
continuation thereof, and not as new enactments; and a
reference in a statute which has not been repealed to pro¬
visions of law which have been revised and re-enacted
herein shall be construed as applying to such provisions as
so incorporated in this act. The repeal of a law by this
act shall not affect any act done, ratified or confirmed, or
any right accrued or established, or any action, suit or
proceeding begun under any of the laws repealed before
the repeal took effect; but the proceedings in such case
shall, when necessary, conform to the provisions of this
act.
Date in Effect
Sec. 33. Sections seven, fourteen, sixteen and seventeen
of this act shall take effect on the first day of July in the
year nineteen hundred and nine; the provisions of this
act which relate to the preparation of forms, to the filing of
applications for certificates of registration and for li¬
censes, and to the distribution of number plates and seals
shall take effect on the first day of December in the year
nineteen hundred and nine; and, except as otherwise pro¬
vided in this section, this act shall take effect at mid¬
night on the thirty-first day of December in the year
nineteen hundred and nine.
215
AUTOMOBILE LAW
Insurance Against Death or Injury by Automobiles Author¬
ized
Sec. 32. Ten or more persons residents of this common¬
wealth may form an insurance company for any one of the
following purposes: . . . Fifth. To insure any person
against bodily injury or death by accident, or any person, or
firm or corporation, against loss or damage on account of
the bodily injury or death by accident of any person, or
against damage caused by automobiles to property of
another, for which loss or damage said person, firm or cor¬
poration is responsible, and to make insurance upon the
health of individuals.
[Chapter 576, Acts 1907, as amended by Chapter 248, Acts
1908.]
Permits for Speed Contests
Section 1. The mayor and board of aldermen of a city
or the selectmen of a town may, after a public bearing,
upon special occasions and subject to such regulations con¬
cerning the closing, use and control of the highway as they
deem necessary for public convenience and safety, grant
permits to persons to drive automobiles or motor cycles in
hill-climbing contests during a specified time and upon
specified parts of the public way at any rate of speed.
[Acts of 1908, Chapter 263.]
Speed Contests in Lowell and Tyngsborongh
Section 1. The mayor and board of aldermen of the city
of Lowell and the selectmen of the town of Tyngsborongh
may, after a public hearing upon the Fourth of July or
upon Labor Day in the current year or upon the next
pleasant day if the weather should be unfavorable on
either of said holidays, and subject to such regulations
concerning the closing, use and control of the highways
as they deem necessary for public convenience and safety,
grant permits to persons to drive automobiles in speed
tests or contests during a specified time and upon specified
parts of the public way or ways at any rate of speed. (Law
1908, Chapter 647.)
216
MASSACHUSETTS
LAW OF THE ROAD
[Revised Laws, Chapter 54.]
Traveling in Opposite Directions
Section 1. When persons me.et on a bridge or way, travel¬
ing with carriages, wagons, carts, sleds, sleighs, bicycles or
other vehicles, each shall seasonably drive his carriage or
other vehicle to the right of the middle of the traveled
part of such bridge or way, so that their respective car¬
riages or other vehicles may pass without interference.
Traveling in Same Direction
Sec. 2. The driver of a carriage or other vehicle passing
a carriage or other vehicle traveling in the same direction
shall drive to the left of the middle of the traveled part
of a bridge or way; and if it is of sufficient width for the
two vehicles to pass, the driver of the leading one shall
not wilfully obstruct the other.
• « * * * » « • •
Penalties
Sec. 4. Whoever violates the provisions of this chapter
shall, upon complaint made within three months after the
commission of the offense, forfeit not more than twenty
dollars, and be liable in an action commenced within
twelve months after the date of said violation for all
damage caused thereby.
[Laws of 1908, Chapter 512.]
Traveling on Bight Side
Section 1. Whenever on any bridge or way, public or
private, there is not an unobstructed view of the road for
at least one hundred yards, the driver of every vehicle
shall keep his vehicle on the right of the middle of the
travelled part of the bridge or way, whenever it is safe
and practicable so to do.
Penalties
Sec. 2. Whoever violates the provisions of this act shall,
upon complaint made within three months after the com¬
mission of the offense, forfeit not more than twenty dol¬
lars, and be liable in an action commenced within twelve
months after the date of said violation for all damage
caused thereby.
217
Michigan
Motor Vehicle Law
[Approved June 2, 1909.]
Deflnltlons
Section 1. The term "motor vehicle" as used in this act,
except where otherwise expressly provided, shall include
all vehicles propelled by any power other than muscular
power, except motor cycles operated by policemen or
firemen on official business, traction engines, road rollers,
fire wagons, fire engines, police patrol wagons, ambulances
and such vehicles as run only upon rails or tracks. The
term "chauffeur" shall mean any person operating a mo¬
tor vehicle for hire, or as the employe of the owner thereof.
The term "state" as used in this act, except where other¬
wise expressly provided, shall also include the territories
and the federal districts of the United States. The term
'' owner'' shall also include any person, firm, association or
corporation renting a motor vehicle or having the exclu¬
sive use thereof, under a lease or otherwise, for a period
greater than thirty days. The term "public highway"
shall include any highway, county road, state road, public
street, avenue, alley, park, parkway or public place in any
county, city, town or village, except any speedway which
may have been or may be expressly set apart by law for
the exclusive use of horses and light carriages.
Manner of Beglstration
Sec. 2. Subdivision 1. Every owner of a motor vehicle
which shall be operated or driven upon the public high¬
ways of this state shall, for each motor vehicle owned, ex¬
cept as herein otherwise expressly provided, cause to be
218
MICHIGAN
filed by mail or otherwise in the oflSce of the secretary of
state a verified application for registration on a blank fo
be furnished by the secretary of state for that purpose
containing;. (1) A brief description of the motor vehicle
to be registered including the name of the manufacturer,
the style, type and factory number of such vehicle, the
character of the motor power and the amount of such mo¬
tor power stated in figures of horse power; (2) The name,
residence and business address of the owner of such motor
vehicle and the name of the county in which he resides.
Becord of Begistration
Sub. 2, Upon the receipt of an application for registra¬
tion of a motor vehicle or vehicles as provided in this
section and in section four of this act, the secretary of
state shall file such application in his office and register
such motor vehicle or vehicles with the name, residence
and business address of the owner, manufacturer or dealer,
as the case may be, together with the facts stated in
such application, in a book or index to be kept for the
purpose, under the distinctive number assigned to such
motor vehicle by the secretary of state, which book or in¬
dex shall be open to inspection during reasonable busi¬
ness hours.
Markers
Sub. 3. Upon the filing of such application and the pay¬
ment of the fee provided in subdivision six of this sec¬
tion, the secretary of state shall assign to such motor
vehicle a distinctive number, and, without expense to the
applicant, issue and deliver to the owner a number plate,
in duplicate, unless otherwise provided in the form and
size provided in subdivision three of section three thereof.
In the event of the loss, mutilation or destruction of a
number plate, the owner of a registered motor vehicle may
obtain from the secretary of state a duplicate thereof, upon
filing in the office of the secretary of state an affidavit
showing the fact and the payment of a fee of one dollar
for each duplicate.
219
AUTOMOBILE LAW
Furnishing Registration Lists to County Clerks
Sub. 4. The secretary of state shall, within sixty days
after this act takes effect, and thereafter on or before the
first day of February of each year, furnish to the clerk
of every county in the state a full and accurate list of all
motor vehicles so registered, stating the distinctive num¬
bers so assigned to them and the names, residences and
business addresses of the owner, manufacturers or dealers
as the case may be, and once each month thereafter a
similar list of the additional registrations, which additional
list shall be entered by each county clerk upon the orig¬
inal list received by him. Such lists shall be filed by such
county clerks and be kept as public records, open to in¬
spection during reasonable business hours.
Registration Annually
Sub. 5. All registrations under this act shall expire on
December thirty-first of each year and shall be renewed
annually in the same manner and upon the payment of the
same fee as provided in this section for original registra¬
tion, such renewal to take effect on the first day of Jan¬
uary of each year.
Fees
Sub. 6. A fee of three dollars shall be paid to the sec¬
retary of state upon the registration of a motor vehicle
in accordance with the provisions of this act, except as
herein otherwise provided: Provided, that a fee of three
dollars shall be paid to the secretary of state upon the reg¬
istration of a motor bicycle or motor cycle: Provided fur¬
ther, That for all licenses issued after August first, in any
registration year a fee of one-half the rate provided in
this section shall be paid.
Sale and Transfer
Sub. 7. Upon the sale of.a motor vehicle registered in
accordance with this section the vendor shall, within ten
days after the date of such sale, notify the secretary of
state, stating the name and business address of the pur-
220
MICHIGAN
chaser and the number under which such motor vehicle is
registered: Provided, That the vendor may, upon applica¬
tion at the time of such notice, have the registration num¬
ber transferred to a motor vehicle desctibed in such appli¬
cation and owned by him, and which is not licensed under
the law; or, if any application be not received by the sec¬
retary of state for a transfer of the license number by the
vendor as above provided, the vendee, upon filing applica¬
tion, may have the license transferred to him. A fee of
one dollar shall be paid to the secretary of state for each
transfer, all applications for which he shall file in his
office and note upon the registration book or index such
change, and at least monthly notify every county clerk
of the state of such transfers, each of whom shall imme¬
diately note the same on the list of registered vehicles re¬
ceived and kept on file as herein provided.
Display of Markers
Sec. 3. Sub. 1. No person shall operate or drive a motor
vehicle on the public highways of this state after the first
day of January, nineteen hundred and ten, unless such
vehicle shall have the number plates assigned to it by
the secretary of state conspicuously displayed, one on the
front and one on the rear of such vehicle, each securely
fastened so as to prevent the same from swinging: Pro¬
vided, That owners of motor bicycles or motor cycles
shall be required to display but one number plate and that
upon the rear of such machine: Provided further. That it
shall be unlawful to display more than one registration
number upon the rear or front of such motor vehicle, or a
number which does not entitle the holder thereof to operate
such motor vehicle upon the public highways of the state.
Color of Markers
Sub. 2. Such number plates shall be of a distinctly differ¬
ent color or shade for each year, to be designated and se
lected by the secretary of state, and there shall be at all
times a marked contrast between the color of the number
plates and that of the numerals or letters thereon.
221
AUTOMOBILE LAW
Style of Markers
Sub. 3. Such number plate shall be an enameled plate or
placard of metal, four and one-half inches wide and not
more than twelve inches in length, in the upper left hand
corner of which there shall be a fac-simile of the seal of
the state, underneath which there shall be the abbreviation
"Mich.," and to the right of which seal and abbreviation
there shall be the distinctive number assigned to the ve¬
hicle set forth in numerals three inches long, each stroke
of which shall be at least one-half an inch in width; Pro¬
vided, That in the case of a motor vehicle registered under
section four of this act there shall be on such plate or
placard in addition to the foregoing the letter "M," the
same to be at the right of the distinctive number, each
stroke of such letter to be at least three inches long and
one-half an inch in width; Provided further, that the plac¬
ard or enameled plate required to be displayed upon mo¬
tor bicycles or motor cycles shall not be more than six
inches in length and -two and one-half inches in width, with
numerals one and one-half inches in height.
Registration by Manufacturers and Dealers
Sec. 4. Sub. 1. Every person, firm, association or corpora¬
tion manufacturing or dealing in motor vehicles may, in¬
stead of registering each motor vehicle so manufactured or
dealt in, make a verified application upon a blank to be
furnished by the secretary of state for a general distinc¬
tive number for all the motor vehicles owned or controlled
by such manufacturer or dealer, such application to con¬
tain: (1) A statement setting forth whether the applicant
be a dealer or manufacturer; (2) The name, residence and
business address of such manufacturer or dealer. On the
payment of a registration fee of ten dollars, such applica¬
tion shall be filed and registered in the office of the sec¬
retary of state in the manner provided in section two of
this act. There shall thereupon be assigned and issued to
such manufacturer or dealer a general distinctive number
and duplicate number plates in the manner provided by
section two, which shall be in the form of plates as pro-
222
MICHIGAN
vided in section three, duplicates of which shall be carried
or displayed by every motor vehicle of such manufacturer
or dealer so registered when the same is driven or operated
on the public highways. Such manufacturer or dealer
may obtain as many duplicate sets of such number plates
as may be desired upon payment to the secretary of state
of two dollars for each duplicate set. Nothing in this sub¬
division shall be construed to apply to a motor vehicle op¬
erated by a manufacturer or dealer for private use or for
hire: Provided, That for all licenses issued after August
first in any registration year, a fee of one-Half the rate
provided in this section shall be paid, except for duplicate
number plates.
Be-registration Annually
Sub. 2. All registrations under this act shall expire on
December thirty-first of each year and shall be renewed
annually in the same manner and upon the payment of the
same fees provided for in this section for original registra¬
tion, such renewal to take effect on the first day of Jan¬
uary of each year.
Non-Besidents.
Sec. 5. The provisions of the foregoing sections shall not
apply to a motor vehicle owned by a non-resident of this
state: Provided, That the owner thereof shall have com¬
plied with the provisions of the law of the state of his
residence relative to motor vehicles and the operation
thereof and shall conspicuously display his state number,
and that the provisions of the foregoing sections of this
act are substantially in force in such state: Provided fur¬
ther, That this exemption shall not apply to non-resident
corporations doing business in this state: Provided further.
That non-residents shall not be exempt from the foregoing
sections, unless the state oi his residence extend similar
privileges to motor vehicles registered under this law.
Brakes, Bells, Horns, Lamps
Sec. 6. Sub. 1. Every motor vehicle, operated and driven
upon the public highways of this state, shall be provided
223
AUTOMOBILE LAW
with adequate brakes sufScient to control the vehicle at
all times, and a suitable and adequate bell, born or other
device for signaling, and shall, during the period from
one hour after sunset to one hour before sunrise, display
at least two lighted lamps on the front and one on the
rear of such vehicle, which shall also display a red light
visible from the rear. The white rays of such rear lamp
shall shine upon the number plate carried on the rear of
such vehicle. The light of the front lamps shall be visible
at least two hundred feet in the direction in which the
motor vehicle is proceeding: Provided, That motor bicy¬
cles or motor cycles shall be required to display but one
lighted lamp, such lamp to be placed on the front of the
vehicle so that it shall be visible one hundred feet in the
direction in which the motor vehicle is proceeding. There
shall be displayed on the face of such lamp the registra¬
tion number in figures not less an one inch in height, and
placed thereon in such manner so that when a lamp is
lighted the number may be read at a distance of at least
fifty feet.
Use of Non-skidding Devices
Sub. 2. No person shall operate or drive on the public
highways of this state a motor vehicle on any of whose
wheels is a tire chain or non-skidding contrivance or tire
composed in whole or in part of metal, except when such
highways are wet and slippery or covered with ice or snow.
Approaching Animals—Signal of Distress
Sub. 3. A person operating a motor vehicle shall, at the
request or on signal by putting up the hand, from a per¬
son riding, leading or driving a horse or horses or other
draft anmals, bring such motor vehicle immediately to a
stop, and, if traveling in the opposite direction, remain
stationary so long as may be reasonable to allow such
horse or animal to pass, and if traveling in the same direc¬
tion, use reasonable caution in thereafter passing such
horse or animal: Provided, that in case such horse or ani¬
mal appear badly frightened or the person operating such
224
MICHIGAN
motor vehicle be requested so to do, such person shall
cause the motor of such vehicle to cease running so long as
shall be reasonably necessary to prevent accident and insure
the safety of others.
Law of the Bead—Traveling Opposite Directions—Intersec¬
tions
Sub. 4. Whenever a person operating a motor vehicle
shall meet on a highway any other person riding or driv¬
ing a horse or horses or other draft animals or any other
vehicle, and there being no occasion to stop as above pro¬
vided, the person operating such motor vehicle shall sea¬
sonably turn the same to the right of the center of the
traveled portion of the highway, while the person ap¬
proaching shall likewise turn from the center of the trav¬
eled portion of the highway so as to pass the motor vehicle
on the opposite side of the center of the highway to which
the motor vehicle has been turned. And any person so
operating any motor vehicle shall, at the intersection of a
public highway, keep to the right of the intersection of the
centers of such highways when turning to the right and
pass to the right of such intersection when turning to the
left.
Same—Traveling Same Direction
Sub. 5. If a vehicle drawn by a horse or horses or other
draft animals, or a motor vehicle, be overtaken by any
motor vehicle, and the person in charge of such motor ve¬
hicle expresses a desire to pass, it shall be the duty of the
driver of any such vehicle or motor vehicle so overtaken
as aforesaid, to turn to the right of the center of the
wrought or traveled portion of the highway, and give the
person so making the request an opportunity to pass, but
in passing, the person in charge of such motor vehicle and
the other male occupants hereof over the age of fifteen
years shall give such assistance as they are able to the
occupant or occupants of the vehicle they are passing, if
assistance is asked, and in thus passing the chauffeur shall
use all due care to avoid accidents.
225
AUTOMOBILE LAW
Duty in Case of Accidents
Sub. 6. In case of accident to person or property upon
any public highway, due to the operation thereon of any
motor vehicle, the person operating such motor vehicle
shall stop and give such reasonable assistance as can be
given, and shall, upon request of the person injured or any
other person, give such person his name and address, and
if not the owner, the name and address of the owner of
such motor vehicle, together with the registered number
thereof.
General Speed Bates
Sec. 7. Sub. 1. No person shall operate a motor vehicle,
upon a public highway at a rate of speed greater than is
reasonable and proper, having regard to the traffic and
use of the highway, or so as to endanger the life or limb
of any person or the safety of any property; and shall not
in any event while upon any highway run at a higher rate
of speed than twenty-five miles an hour, and within the cor¬
porate limits of all cities and villages the rate of speed
shall not be greater than ten miles an hour in the business
portion of any such city or village, and not greater than
fifteen miles an hour in all other portions thereof, subject,
however, to the other provisions of this act. Upon ap¬
proaching an intersecting highway, a bridge, dam, sharp
curve or steep descent, and also in traversing such inter¬
secting highway, bridge, dam, curve or descent, a person
operating a motor vehicle shall have it under control and
operate it at such speed as is reasonable and proper hav¬
ing regard to the traffic then on such highway and the
safety of the public.
Speed When Approaching Animals, etc.
Sub. 2. Upon approaching a person walking in the road¬
way of a public highway, or a horse or horses, or other
draft animals, being ridden, led or driven thereon, a per¬
son operating a motor vehicle shall slow down to a speed
not exceeding ten miles an hour and give reasonable warn¬
ing of its approach, and use every reasonable precaution
226
MICHIGAN
to insure the safety of such person or animal, and in case
of a horse or horses or other draft animals, to prevent
frightening the same.
Powers of Local Authorities
Sub. 3. Local authorities may, notwithstanding the pro¬
visions of this act, make, enforce and maintain such rea¬
sonable ordinances, rules or regulations concerning the
speed at which motor vehicles may be operated in any
park or parkway within a city or incorporated village, but
in no case to permit a greater speed than is provided in
this act, and as a condition thereto, such local authorities
must, by signs at each entrance of such park and along
said parkway, conspicuously indicate the rate of speed
permitted or required, and may exclude motor vehicles from
any cemetery or grounds used for the burial of the dead.
Registration of Chauffeurs
Sec. 8. Sub. 1. Every person hereafter desiring to operate
a motor vehicle as a chauffeur shall file in the office of the
secretary of state, upon the payment of a registration fee
of two dollars, a verified application for registration on a
blank to be furnished by the secretary of state for that
purpose containing: (1) The name and residence address
of the applicant and that he is competent to operate a mo¬
tor vehicle and is over eighteen years of age; (2) Whether
or not the applicant has been previously convicted of a
violation of any of the provisions of this or any other
motor vehicle law or ordinance, giving 'he date and place
of such conviction and the provision or provisions of the
law or ordinance violated: Provided, That for all licenses
issued after August first in any registration year a fee of
one-half the rate provided in this section, shall be paid.
Re-registration by Chauffeur Annually
Sub. 2. Such registration shall be renewed annually in
the same manner and upon the payment of the same fee as
provided in this section for original registration, such re¬
newal to take effect on the first day of January of each
year.
227
AUTOMOBILE LAW
Chauffeur's Begistration Book—Furnishing Lists to County
Clerks
Sub. 3. Upon receipt of such an application, the secretary
of state shall thereupon file the name in his office, assign
the applicant a number and register him in a book or index
which shall be kept in the same manner as the book or in¬
dex for the registration of motor vehicles. The secretary
of state shall also furnish to the clerk of every connty
of the state within sixty days after this act takes effect
and once each month-thereafter, a full and accurate list
of chauffeurs so registered, with their addresses and the
numbers assigned to each, in the same manner as pro¬
vided in section two with reference to registered motor
vehicles. Such lists shall be filed by-such county clerks
and be kept as public records, open to inspection during
reasonable business hours.
Chauffeur's Badge
Sub. 4. The secretary of state shall forthwith upon regis¬
tering such chauffeur and without other fee, issue and
deliver to him a badge of aluminum or other suitable
metal, which shall be in such for or shape as the secre¬
tary of state may determine, and upon which shall be
stamped the words "Eegistered Chauffeur Number ;
State of Michigan," with the numbc and date of expira¬
tion inserted therein. This badge shall thereafter be worn
by such chauffeur pinned upon his clothing in a conspicu¬
ous place at all times while he is operating a motor vehicle
upon the public highways of this state. In the event of
the loss, mutilation or destruction of a chauffeur's badge,
such chauffeur may obtain from the secretary of state a
duplicate thereof upon filing in the office of the secretary
of state an affidavit showing the fact and the payment of a
fee of one dollar.
Change Style of Chauffeur's Badge Anntaally
Sub. 5. Such badge shall be of a distinctly different shape
or form for each year, to be designated and selected by the
secretary of state.
228
MICHIGAN
Fictitious Badge Prohibited
Sub. 6. No chauffeur having registp.ref5rai&- h^rebeforc pro¬
vided, shall voluntarily-ii.enait Jinjl ottlei ,pei"sou tb wear
his badge; nor shall arVy. pe»son while operativg a motor
vehicle upon the public high>vays•, cf .'fhi>'.state wear a
chauffeur's badge belonging tK anothei person, or a ficti¬
tious chauffeur's badge.
Unregistered Chauffeurs Excluded from Highways
Sub. 7. No person shall operate or drive a motor vehicle
as a chauffeur upon the public highways of this state after
this act takes effect, unless such person shall have com¬
plied in all respects with the requirement of this section:
Provided, however. That a non-resident chauffeur who has
registered under the provisions of the law of the state of
his residence which are substantially similar to the pro¬
visions of this section, shall be exempt from registration
under this section: Provided further. He shall wear the
badge assigned to him in the state of his residence in the
manner provided in subdivision three of this section: Pro¬
vided further. That non-resident chauffeurs shall not be
exempt from the provisions of the foregoing sections un¬
less the state of his residence extend similar privileges to
chauffeurs registered under this act.
Local Ordinances Frohibited
Sec. 9. Except as herein otherwise provided, local author¬
ities shall have no power to pass, enforce or maintain any
ordinance, rule or regulation requiring from any owner or
chauffeur to whom this act is applicable, any license or
permit for the use of the public highways, or excluding
any such owner or chauffeur from the free use of such
public highways, or in any other way respecting motor
vehicles or their speed upon or use of the public highways.
No ordinance, rule or regulation contrary to the provisions
of this act now in force or hereafter enacted shall have
any effect: Provided, however, that the powers given to
local authorities to regulate vehicles offered to the public
for hire, and processions, assemblages or parades in the
229
AUTOMOBILE LAW
streets or public,places, and all ordinances, rules and regn-
laiions' wbiob jpay have been or which may be enacted in
pursuktrc?" autill power.s. php^ ,remain in full force and
effect: provided "further, ffhat local authorities may set
aside for*-a- given 'tist® -a specified public highway for
speed coiftests oY races, to be conducted under proper re¬
strictions for the safety of the public, and that said au¬
thorities may exclude motor vehicles from any cemetery or
grounds used for the burial of the dead.
Penalties
Sec. 10. Sub. 1. Any person violating any of the pro¬
visions of this act and who shall be convicted thereof, or
who shall plead guilty to any complaint for the violation
thereof, shall be punished by a fine not exceeding twenty-
five dollars and costs of prosecution; of if such fine be
not paid then by imprisonment in the county jail for not
exceeding ten days; for the second offense he shall be pun¬
ished by a fine not exceeding fifty dollars and costs of
prosecution; or if such fine be not paid then by imprison¬
ment in the county jail for not exceeding thirty days;
and for a third, or any subsequent offense, he shall be
punished by a fine not exceeding one hundred dollars and
costs of prosecution or by imprisonment in the county jail
or the Detroit house of correction for a period not ex¬
ceeding thirty days, or by both such fine and impiison-
ment.
Eight of Action Not Affected
Sub. 2. Nothing in this act shall be construed to curtail
or abridge the right of any person to prosecute a civil
action for damages by reason of injuries to person or prop¬
erty resulting from the negligence of the owner or opera¬
tor or his agent, employe or servant, of any such motor ve¬
hicle, or resulting from the negligent use of the highway
by them or any of them.
Liability of Owners
Sub. 3. The owner of a motor vehicle shall be liable for
any injury occasioned by the negligent operation by any
230
MICHIGAN
person of such motor vehicle, whether such negligence
consists in violations of the provision of a statute of this
state or in the failure to observe such ordinary care in such
operation as the rules of the common law require; but
such owner shall not be so liable in case such motor vehicle
shall have been stolen.
Jurisdiction of Offenses
Sec. 11. All police justices of any city, or justices of the
peace of the county where any such violations shall occur,
shall have jurisdiction to hear, try and pass sentence for
any and all violations of any of the provisions of this
act.
"County Jail" Defined
Sec. 12. The term "county jail" referred to in section ten
of this act shall be construed to mean the county jail of
any county where the violation of any of the provisions of
this act shall occur, and the Detroit house of correction
shall be construed to mean the institution of that name
located in the city of Detroit, this state.
Arrest and Bail
Sec. 13. Any police officer of any city, any marshal, dep¬
uty marshal, or watchman of any incorporated village, or
any sheriff or deputy sheriff of any county or any constable
of any township, shall have full power and authority within
the limits of their jurisdiction or in any adjoining county
to arrest any person known personally to any such officer
to have violated any of the provisions of this act, and to
immediately bring such offender before any magistrate
having jurisdiction, as provided in section eleven of this
act, and any such person so arrested shall have the right
of an immediate trial and all other rights given to any
person arrested for having committed a misdemeanor; and
if such hearing cannot then be had, be released from cus¬
tody on giving his personal undertaking to appear in an¬
swer to such violation at such time and place as shall
then be indicated, secured by the deposit of a sum equal
to the maximum fine for the offense with which he is
231
AUTOMOBILE LAW
charged, or in lieu thereof by leaving the motor vehicle,
being operated by such person, with such officer; cr in case
such officer be not accessible, be forthwith released from
custody on giving his name and address to the officer mak¬
ing such arrest, and depositing with such officer a sum
equal to the maximum fine for the offense for which such
arrest is made, or in lieu thereof by leaving the motor
vehicle, being operated by such person, with such officer;
Provided, Thaf in such case the officer making such arrest
shall give receipt in writing for such sum or vehicle and
notify such person to appear before the most accessible
magistrate, naming him, on that or the following day,
specifying the place and hour. In case security ffiall be de¬
posited as in this section provided, it shall be returned to
the person depositing forthwith on such person being ad¬
mitted to bail.
Convictions to Be Certified to Secretary of State
Sec. 14. Upon the conviction of any person for a viola¬
tion of any of the provisions of this act, the magistrate
or other judicial officer before whom the proceedings are
held, shall immediately certify the facts of the case, in¬
cluding the name and address of the offender, the charac¬
ter of the punishment and the amount of any fine imposed
and paid, to the secretary of state, who shall enter the
same either in the book or index of registered motor vehi¬
cles or in the book or index of registered chauffeurs as
the case may be, opposite the name of the person so con¬
victed, and in the case of any other person, in a book or
index of offenders to be kept for such purpose, in alpha¬
betical order. The secretary of state shall send notices of
all convictions for violations of section seven of this act,
with the names and addresses of the persons convicted
and the judgments of the court on such convictions, to the
clerk of every county in the state, who shall enter the
same on the lists of registered motor vehicles or registered
chauffeurs as the case may be, opposite the name of the
person so convicted, or on a list of other offenders which
he shall maintain in his office as a public record in the
232
MICHIGAN
same manner as the lists of registered motor vehicles and
registered chauffeurs, and on due application furnish copies
of such lists to the magistrates or other judicial officers of
his county before whom violations of the provisions of
this act are triable. If any such convictioiy shall be re¬
versed upon appeal therefrom, the person whose convic¬
tion has been so reversed may serve on the secretary of
state a certified copy of the order of reversal, whereupon
the secretary of state shall enter the same in the proper
book of index in connection with the record of such con¬
viction and shall also notify each county clerk of the same.
Disposition of Fees
Bee. 15. All fees paid to the secretary of state as pro¬
vided in this act shall be turned over to the state treasurer,
and applied to the general fund.
Date of Expiration of Licenses
Bee. 16. All licenses issued during the year nineteen hun¬
dred nine, under the provisions of act number one hun¬
dred ninety-six of the public acts of nineteen hundred five,
as amended by act number three hundred four of the pub¬
lic acts of nineteen hundred seven, shall expire on Janu¬
ary first, nineteen hundred ten.
Acts Repealed
Bee. 17. Act number one hundred ninety-six of the public
acts of nineteen hundred five, as amended by act number
three hundred four of the public acts of nineteen hun¬
dred seven, and all acts or parts of acts inconsistent here¬
with or contrary hereto, are hereby expressly repealed.
Title of Act—^Date in Effect
See. 18. This act shall be known as the "Michigan Motor
Vehicle Law," and shall take effect the first day of Janu¬
ary, nineteen hundred ten: Provided,' That applications for
registration may be made and registration certificates and
badges issued at any time within sixty days prior to such
date.
233
AUTOMOBILE LAW
Unauthorized Taking of Motor Vehicleg
Section 1. Every person who takes or uses without author¬
ity an automobile or other motor vehicle without intent to
steal the same, or who shall be a party to such unauthor¬
ized taking or using, shall upon conviction thereof be
punished by imprisonment in the state prison for not more
than two years or by a fine of not more than five hundred
dollars: Provided, That in case of first offense the court
may in its discretion reduce the punishment to imprison¬
ment in the county jail for a term of not more than three
months or a fine of not more than one hundred dollars:
Provided further, That the provisions of this act shall be
construed to apply to any person or persons employed by
the owner of said automobile or other motor vehicle or
any one else, who, by the nature of his employment, shall
have the charge of, or the authority to drive said automo¬
bile or other other motor vehicle if said automobile or
other motor vehicle is driven or used without the owner 's
knowledge or consent. (Act 33, P. A. 1909.)
23i
Minnesota
Motor Vehicle Law
(Cbapter 259—Laws 1909. ApproTed April 19, 1909.)
Definitions
Section 1. The term "motor vehicle" as used in this
act, except where otherwise expressly provided, shall in¬
clude all vehicles, propelled by any other than muscular
power, except traction engines, road rollers, fire wagons
and engines, police patrol wagons, ambulances, and such
vehicles as run only upon rails or tracks.
The term "Local Authorities" shall include all officials
of counties, cities, towns or villages.
The term "Chauffeur" shall mean any person operating
a motor vehicle for hire, or as the employe of the owner
thereof, and will include all persons who receive compensa¬
tion for services in connection with motor cars, whether
directly or indirectly.
The term "State" as used in this act, except where
otherwise provided, shall also include the territories and
the federal districts of the United States.
The term "owner" shall also include any person, firm, asso¬
ciation or corporation owning or renting a motor vehicle
or having the exclusive use thereof, under a lease or other¬
wise for a period greater than thirty days.
The term "public highway" shall include any highway,
town road, county road, state road, public street, avenue,
alley, park, parkway, or public place in any county, city,
town or village, except any speedway which may have
been or may be expressly set apart by law. for the ex¬
clusive use of horses and light carriages.
235
AUTOMOBILE LAW
Application for Begiatration
Sec. 2. Every owner of a motor vehicle which shall be
operated or driven upon the public highways of this state,
for each motor vehicle owned, except as herein otherwise
provided, shall cause to be filed, by mail or otherwise, in
the ofSce of the secretary of state, a verified application
for registration on a blank to be furnished by the sec¬
retary of state for that purpose, containing;
(1) A brief description of the motor vehicle to be reg¬
istered including the name of the manufacturer, the fac¬
tory number and model, if such number or model there be.
(2) The name, residence and business address of the
owner of such motor vehicle and the name of the county
in which he resides; provided, that if such motor vehicle
is used solely for commercial purpose the applicant shall
so certify and also state the business in connection with
which such vehicle is so used or to be used.
Sale and Be-registration Fees—^Becord
Sec. 3. Upon the sale of a motor vehicle registered in
accordance with this section, the vendee shall, within ten
days after the date of such sale, notify the secretary of
state of the same upon a blank furnished him for that
purpose, stating the name and business address of the
previous owner, if known, the number under which such
vehicle is registered and the name, residence and business
address of such vendee. Upon filing such statement such
vendee shall pay to the secretary of state a fee of one
dollar; and upon receipt of such statement and fee the
secretary of state shall file such statement in his ofSee
and note in the registration book or index such change in
ownership.
Begistratlon—Becord
Sec. 4. Upon receipt of an application for registration of
a motor vehicle or vehicles as provided in section two and
in section eleven of this act, the secretary of state shall
file such application in his office and register such motor
236
MINNESOTA
Tehicle or vehicles with the name arid residence and busi¬
ness address of the owner, manufacturer or dealer as the
case may be, together with the facts stated in such appli¬
cation in a book or index to be kept for that purpose,
under the distinctive number assigned to such motor vehi¬
cle by the secretary of state, which book or index shall be
open to inspection during reasonable business hours.
Issue and Reissue of Certificate—Markers—Fees
Sec. 5. Upon the filing of such application and the pay¬
ment of the fee provided in section seven, the secretary of
state shall assign to such motor vehicle a distinctive num¬
ber, and without other fee, issue and deliver to the owner
a set of two tags of registration, upon each of which shall
be displayed the distinctive number assigned in the form
and size provided in section ten, which shall be evidence
of payment of license fee of such registration. In the
event of the loss, mutilation or destruction of a certificate
of registration, the owner of a registered motor vehicle
may obtain from the secretary of state an affidavit showing
the fact and the payment of a fee of one dollar for each
set of duplicates.
Term of Registration
Sec. 6. Such registration shall be renewed annually, and
upon the payment of the same fee as provided in this act
for original registration, such renewal to take effect on- the
first day of January of each year.
Registration Fees
Sec. 7. A fee of one dollar and fifty cents shall be paid
to the secretary of state upon the registration or re-
registration of a motor vehicle in accordance with the pro¬
visions of this act.
Display of Markers—Fictitious Markers Prohibited
Sec. 8. No person shall operate or drive a motor vehicle
on the public highway of this state after thirty days after
237
AUTOMOBILE LAW
this act takes effect, unless such vehicle shall have been
registered in accordance with this act and shall have the
tag of registration assigned to it by the secretary of state
conspicuously displayed on the rear of such vehicle, se¬
curely fastened. No person shall display on such vehicle
at the same time any number assigned to it under any
other motor vehicle law or ordinance.
Color of Marker to be Changed Annually
Sec. 9. Such certificate shall be of a distinctly different
color or shade each year, there being at all times a marked
contrast between the color of the number plate and that
of the numerals or letters thereon.
Form of Certificate
Sec. 10. Such certificate of registration shall be substan¬
tially of the following size and form, namely: A plate or
placard of metal or enamel with metal letters eight and
one-half inches in length and five inches in width for one
or two numerals; ten inches in length and five inches in
width for three numerals; twelve inches in length and five
inches in width for four or more numerals; on the left end
of this plate with letters running vertically from the top,
there shall be the four letters, "MINN.," each letter of
which shall be approximately one inch in length, and on the
right end, arranged in the same manner and of the same
size, there shall be the four numerals of the year in which
the license is issued; and on the body of such plate there
shall be the distinctive numbers assigned to the vehicle
in numerals four inches long, each stroke of which shall
be at least one-half inch in width; provided, that motor
cycles shall be assigned tags three inches in width and of
a height to permit numerals to be placed vertically; across
the top of this tag with letters running horizontally there
shall be four letters, '' MINN.,'' and across the bottom, ar¬
ranged in the same manner, there shall be the four numer¬
als of the year in which the license is issued; except that
the letters shall be in proportionate size to the small
plate; provided, further, that in the case of a motor vehi-
238
MINNESOTA
cle registered under section eleven of this act, there shall
be, in addition to the foregoing, the letter "M" preced¬
ing the numeral or numerals for the manufacturer of vehi¬
cles and the letter " D" preceding the numeral or numerals
for the dealer in vehicles. The letter in this instance to
be approximately three and one-half inches in length and
four inches in width and to be added to the length of the
registration certificates heretofore specified. Provided,
further, that the owner, in lieu of such registration tag,
may use a tail lamp with the registration number, the
word "Minn." and the numerals of the year, displayed in
the lens, the registration numerals to be of the size dis¬
played above.
Begistration by Manufacturer or Dealer
Sec. 11. Every person, firm, association or corporation
manufacturing or dealing in motor vehicles may, instead of
registering each motor vehicle so manufactured or dealt
in, make a verified application upon a blank to be fur¬
nished by the secretary of state for a general distinctive
number for all motor vehicles owned or controlled by such
manufacturer or dealer, such application to contain: (1)
A brief description of each style or type or vehicle man¬
ufactured or dealt in by such manufacturer or dealer and,
(2) The name, residence and business address of such
manufacturer or dealer. On the payment of a registration
fee of ten dollars such application shall be filed and regis¬
tered in the ofSce of the secretary of state in the manner
provided in section two of this act. There shall there¬
upon be assigned and issued to such manufacturer or
dealer a general distinctive number and duplicate tags of
registration in the manner provided by section two, which
shall be in the form of plates as provided in section ten,
duplicates of which shall be carried or displayed by every
motor vehicle of such manufacturer or dealer so registered
when the same is driven or operated on the public high¬
ways. Such manufacturer or dealer may obtain as many
duplicate sets of such tags of registration as may be de-
239
AUTOMOBILE LAW
sired upon payment to the secretary of state of one dollar
for each such duplicate.
Brakes, Bells, Horns, Lamps, MufQers
Sec. 12. Every motor vehicle operated upon the public
highways of this state, shall be provided with adequate
brakes sufficient to control the vehicles at till times, and
a suitable adequate bell, horn or other device for signaling,
and shall during the period from one hour after sunset to
one hour before sunrise, display at least two lighted lamps
visible from the front and one on the rear of such vehi¬
cle, which shall also display a red light visible from the
rear.
The white rays of such lamp shall shine npon the num¬
ber plate carried on the rear of such vehicle.
The light of the front lamps shall be visible at least two
hundred feet in the direction in which the motor vehicle
is proceeding.
And every such motor vehicle using gasoline as motive
power shall use a "muffler," so called, and the same shall
not be cut out or disconnected within the limits of any
city or village within the state.
Frightening Animals—Signal of Distress—Obstructing High¬
way Prohibited
Sec. 13. A person operating a motor vehicle, at request
or on signal by putting up the hand from a person riding,
leading or driving a restive horse or horses or other draft
animals, or on any evidence of fright of any animal so
ridden, led or driven sufficient to attract the attention of
the operator of a motor vehicle, shall bring such motor ve¬
hicle immediately to a stop, and, if traveling in the op¬
posite direction, remain stationary so long as may be rea¬
sonable to allow such horse or animal to pass, and if travel¬
ing in the same direction, use reasonable caution in there¬
after passing such horse or animal; provided, that in case
such horse or animal appears badly frightened, or the per¬
son operating such motor vehicle is requested to do so, such
240
MINNESOTA
person shall cause the motor of such vehicle to cease run¬
ning so long as shall be reasonably necessary to prevent
accident and insure the safety of others; provided, how¬
ever, that no person shall unreasonably obstruct or impede
the right of travel upon the public highways of a driver
of a motor vehicle or of a horse, and any one so doing shall
be held amenable under this act.
Law of the Boad
Sec. 14. Whenever a person walking in the traveled por¬
tion of a public highway, or a person riding, driving or
leading a horse or other animal, or driving or operating a
vehicle therein, shall meet another person thus walking or
thus riding or operating a vehicle, if such persons are
moving in opposite directions, each shall slacken his pace,
if necessary, and seasonably turn to the right so as to give
half of the traveled road, if practicable, and a fair and
equal opportunity to pass, to the other; or, if they are
moving in the same direction, the person overtaking shall
pass on the left side of the person overtaken, and the
person overtaken shall, as soon as practicable, turn to the
right so as to give half of the traveled road to the other.
Any such person shall, at the intersection of public high¬
ways, keep to the right of the intersection of the centers
of such highways when turning to the right and pass to
the right of such intersection when turning to the left.
In cities or villages or any place where traffic is large, or
on streets usually congested with traffic of horse drawn
vehicles or street cars, slow moving vehicles must keep
near the right curb, allowing those moving more rapidly to
keep to the right of the center of the street. All vehicles,
however, must keep to the right of the center of the street.
Non-Besidents
Sec. 15. The provisions of the foregoing sections in regard
to registration shall not apply to a motor vehicle owned by
a non-resident of this state, who is temporarily within the
state while passing into or through this state from an ad¬
joining state, provided, that such non-resident shall have
241
AUTOMOBILE LAW
displayed in a conspicuous way on the motor vehicle he is
operating, a number and tag which shall make it and the
place from which it came easily identified.
Oeneral Speed Bates
Sec, 16. No person shall operate a motor vehicle on the
public highways of this state at a rate of speed greater
than is reasonable and proper, having regard to the width,
condition and use of the highway at the time and the gen¬
eral and usual rules of the road, or so as to endanger prop¬
erty or the life or limb of any person; Provided, that upon
approaching a dam, bridge, sharp curve or steep descent,
and also in traversing such dam, bridge, sharp curve or
descent, and upon approaching a crossing or intersecting
highway or in passing from a side street into a main thor¬
oughfare where persons or vehicles are not plainly discern¬
ible, a person operating a motor vehicle shall have such
vehicle under perfect control and the rate of speed shall
not exceed one mile in eight minutes, nor on any street or
highway shall the rate of speed exceed twenty-five miles
per hour.
Begiatration of Chauffeurs, Application for
Sec. 17. Every person hereafter desiring to operate a mo¬
tor vehicle as a chauffeur shall file in the office of the secre¬
tary of state, upon the payment of a registration fee of two
dollars for the first certificate and one dollar for renewal
hereafter, annually, a verified application for registration
on a blank to be furnished by the secretary of state for
that purpose, containing: (1) The name and address of
the applicant and that he is competent to operate a motor
vehicle. (2) The trade name and motor power of the motor
vehicle or vehicles he is competent to operate. (3) Whether
or not the applicant has been convicted of violation of any
of the provisions of this or any other motor vehicle law or
ordinance, giving the date and place of such conviction and
the provision or provisions of the law or ordinance vio¬
lated.
242
MINNESOTA
Chauffeur's Registration, Record of
Sec. 18. Upon the receipt of such an application the sec¬
retary of state shall thereupon file the same in his office,
assign the applicant a number and register him in a book
or index which shall be kept in the same manner as the
book or index for the registration of motor vehicles.
Chauffeur's Badge
Sec. 19. The secretary of state shall forthwith, upon reg¬
istering such chauffeur, and without other fee, issue and
deliver to him a badge of aluminum or other suitable
metal, which shall be oval in form with its greater diam¬
eter not more than two inches, upon which shall be stamped
the words "Registered Chauffeur Number , State of
Minnesota," with the number inserted therein. The badge
shall thereafter be worn by such chauffeur, pinned upon
his clothing in a conspicuous place, and at all times while
he is operating a motor vehicle upon the public highways
of this state.
Fictitious Badge Frohibited
Sec. 20. No chauffeur, having registered as hereinbefore
provided, shall voluntarily permit any other person to wear
his badge; nor shall any person while operating a motor
vehicle upon the public highways of this state wear a
chauffeur's badge belonging to another person, or a fic¬
titious chauffeur's badge.
Unregistered Chauffeurs Excluded from Highways
Sec. 21. No person shall operate or drive a motor vehicle
as chauffeur upon the public highways of this state thirty
days after this act takes effect, unless such person shall
have complied in all respects with the requirements of this
act; Provided, however, that a non-resident chauffeur, who
has registered under the provisions of the law of the state
of his residence which are substantially similar to the pro¬
visions of this section, shall be exempt from registration
under this section; and provided, further, he shall wear the
badge assigned him in the state of his residence in the
manner provided in section 19 of this act.
243
AUTOMOBILE LAW
TaMpering with Machines
Sec. 22, No person shall tamper with or drive or operate,
and no person shall, without authority of the person in
charge, climb upon or in any automobile whatever, while
the same is in motion or at rest, or hurl stones or any other
missiles at the same, or occupants thereof, or shall, while
such motor vehicle is at rest and unattended, sound the
horn or other signaling device, or attempt to manipulate
any of the levers, starting crank, brakes or machinery
thereof, or set such vehicle in motion or otherwise damage
or interfere with the same.
Disposition of Moneys
Sec. 23. At the end of each month, the secretary of state
shall pay into the state treasury to the account of the gen¬
eral fund of the state, all moneys received by him under
this act, and file with the state auditor a verified statement
of the amount and sources thereof. For the purchase of
tags, books of registration and the salary of an additional
clerk in the office of the secretary of state, and not to ex¬
ceed $1,200 per annum, and the other necessary'expenses
provided in this act, the sum of $10,000, or so much thereof
as may be necessary, is annually appropriated out of the
general fuud of the state. On or before the 10th of each
month, the secretary of state shall certify to the state
auditor the items and amounts of all expenses necessarily
incurred by him in the carrying out of this act, and such
items and amounts being duly audited shall be paid by the
state.
Bight of Damages—-Duty in Case of Acciaent
Sec. 24. Nothing in this act shall be construed to curtail
or abridge the right of any person to prosecute a civil suit
for damages by reason of injuries to persons or property
resulting from the negligent use of the highways by a
motor vehicle or its owner or his employe or agent, and in
all actions and proceedings against the registered owner
of H motor vehicle for negligence in the operation of such
vehicle or for any violation of this act, the fact that such
2U
MINNESOTA
motor vehicle had upon it the registration number assigned
to such owner under this act, shall be prima facie evidence
that such motor vehicle belonged to such registered owner.
In case of accident to any person or property on the public
highway, due to the operation thereof of a motor vehicle,
the person operating such motor vehicle shall stop and, up¬
on request of any person injured, or any person present,
give such person his name and address.
Penalty for Violation
Sec. 26. Any person violating any of the provisions of
this act shall be guilty of a misdemeanor.
In Effect May 15, 1909
Sec. 27. This act shall take effect and be in force from
and after May 15, 1909.
(Chap. 265—^Laws 1909, approved April 20, 1909.)
Penalty for Using Automobiles Without Consent of Owner
Any person who enters any warehouse, garage or building
of any kind and takes and removes therefrom, for his own
use or that of others, any automobile or motor vehicle,
without the knowledge and consent, expressed or implied,
of the owner thereof, shall be deemed guilty of a misde¬
meanor, and upon conviction thereof shall be punished ac¬
cordingly. The fact that such automobile or motor vehicle
was voluntarily returned to its original place by the party
taking the same before or after the owner discovers such
removal, or the fact that the party taking the same was
then and there in the employ of the owner of such prop¬
erty, shall not be deemed a defense in the prosecution of
such offender,
245
Mississippi
[There is no General Motor Vehicle Law in this State.]
Law of the Road
Section 4412. All drivers of carriages or other vehicles
whether of burden or pleasure, using any of the public road,
when met by another carriage or vehicle, shall keep to the
right hand, and when overtaken by another carriage or
vehicle, shall also keep to the right hand, so as in both
cases to permit the carriage or vehicle so meeting or over¬
taking to pass free and uninterrupted; and any person
wilfully offending against this provision shall be guilty
of a misdemeanor, and on conviction, fined five dollars
for each offense; and if injury result therefrom, the
person so offending shall be subject to an action for dam¬
ages at the suit of the party injured. .
246
Missouri
i^Approved March 19, 1907.]
Definitions
Sec. 1. The term and words "motor vehicles," as used in
this act, shall be construed to mean all vehicles propelled
by power other than muscular power, except traction en¬
gines and such vehicles as run only upon rails or tracks;
the terms and words "business portion of any city, town
or village," as used in this act, shall be construed to mean
the territory of a city or incorporated town or village con¬
tiguous to a public road or highway, which is at that point
principally built up with structure (s) devoted to business;
the term and word(s) "auto driver" shall be construed
to mean any person operating a motor vehicle as me¬
chanic, paid employe, or for hire; the terms and words
"public highway," or "highways," as used in this act,
shall be construed to mean any public road, thoroughfare
or highway, county road, township road, toll road, or any
public street, avenue, alley, parkway or other places gen¬
erally used for public travel, driveway in any city, town,
village, county or township or other municipal corporation
or political subdivision in this State.
Application for Begistration—Seal—Certificate—Fees and
Disposition of Proceeds
Sec. 2. Every person in this state now owning or here¬
after acquiring a motor vehicle shall, for every motor ve¬
hicle owned by him, file in the oflSce of the Secretary of
State a statement containing his name and address, a brief
description of the motor vehicle to be registered, the name
247
AUTOMOBILE Li^W
of the maker, factory number, style of vehicle and motive
power, on a blank to be prepared and furnished by said
Secretary of State for that purpose. Upon the filing of
said statement, the Secretary of State shall register such
motor vehicle in a book, to be kept for that purpose, and
assign it a distinctive number; and upon payment of the
fee, as hereinafter provided, shall forthwith issue and
deliver to the owner of such motor vehicle a certificate of
registration and a seal of aluminum or other suitable
metal, which said seal shall be circular in form, approxi¬
mately two inches in diameter, and shall have stamped
thereon the words "Registered motor vehicle No. ,
Missouri motor vehicle law." with the registration num¬
ber inserted therein, which seal shall thereafter at all
times be attached to the motor vehicle to which said num¬
ber has been been assigned. The certificate of registration
shall contain the same words and number as the seal, and
shall further contain the name of the owner of the vehicle
so registered, as aforesaid, his address, the name of the
maker of said vehicle, factory number, style and motive
power, the date of registration, and the page of the book in
the ofSce of the Secretary of State in which the same is
registered. For such registration and issuing of such cer¬
tificate and seal, a fee of five ($5.00) dollars shall be paid
to the Secretary of State. The proceeds of license required
by this act shall be for the benefit of the "good roads
fund."
Certificate not Transferable
Sec. 3. Upon the sale of any motor vehicle registered in
accordance with this act, except by a manufacturer or
dealer, its registration shall expire and the seller shall,
within ten (10) days of said sale, return to the Secretary
of State the certificate of registration and the seal, to¬
gether with notice of the sale and of the name, place of
residence and address of the purchaser.
Style and Display of Markers
Sec. 4. The owner of each motor vehicle shall have a
number, corresponding with the number of the registrat-
248
MISSOURI
tion seal issued by the Secretary of State, as hereinbefore
provided, conspicuously displayed upon and permanently
fixed on the back of every such motor vehicle owned by
him; also display by an illuminated device the registra¬
tion number on front of every such motor vehicle, so that
said registration number of said motor vehicle can be dis¬
tinguished at night, whenever the same shall be operated
or run upon the public highways in this state; the figures
to be Arabic numerals not less than three inches in height
and each stroke to be of a width not less than three-eighths
(%) of an inch, and also as part of such number the
letters '' Mo.;'' such figures and letters shall be white on
black ground, and the letters shall not be less than one
and one-half (1%) inches in height; and provided, that
said owner shall not be required to place any other mark
of identity upon his motor vehicle.
Lamps
Sec. 5. Every motor vehicle, when operated upon any of
the public highways, shall carry, during the period from
sunset to sunrise, at least two lighted lamps showing
white lights visible at least two hundred (200) feet in the
direction toward which the motor vehicle is proceeding,
and shall also exhibit at least one red light, visible in the
reverse direction.
Begistration by Manufacturer or Dealer—Classification of
Motor Vehicles
Sec. 6. Each manufacturer of and dealer in motor vehi¬
cles doing business in this state, shall register one vehi¬
cle of each class manufactured or dealt in by him, and
if a number, corresponding to the number of the registra¬
tion seal issued to such manufacturer or dealer, is dis¬
played upon every vehicle of the class for which it was
issued, as provided in this section, while such vehicle is
being operated by such manufacturer or dealer or his
agent or representative on the public highway, it shall be
deemed a sufficient compliance with sections two and four
of this act, until such vehicle shall be sold or let for hire:
249
AUTOMOBILE LAW
Provided, that electrically propelled motor vehicles shall
constitute a class, steam propelled vehicles shall consti¬
tute a class, and those propelled by gasoline explosive type
engines or motors shall constitute a class; and provided
further, that nothing in this section shall be construed to
apply to a motor vehicle employed by a manufacturer or
dealer for his private use or for hire.
Non-Besldent Owners
Sec. 7. That provisions of sections two, three and fonr
of this act shall not apply to any motor vehicle owned by
non-residents of this state, unless such motor vehicle re¬
main in the state twenty days or mo^e: Provided, the
owner thereof has complied with any law requiring the
registration of motor vehicles or the names of the owners
thereof in force in any city, state, territory or federal
district of his residence; and provided a registration num¬
ber and the initial or abbreviation of the name of such
city, state, territory or federal district shall be displayed
on such vehicle, substantially as provided in section four
of this act.
Unregistered Vehicles Excluded from the Highway
Sec. 8. No motor vehicle shall be used, driven or operated
upon the public highway of this state after thirty (30)
days from the time this act takes effect, unless the owner
shall have complied in all respects with sections two, three,
four, five, six and seven of this act; or which shall dis¬
play thereon a fictitious seal or number belonging to any
other vehicle.
Application for Operator's License—^Fees—^Expiration—
Change of Address
Sec. 9. Every person hereafter desiring to operate a mo¬
tor vehicle as an auto driver shall file in the office of the
secretary of state a sworn statement containing his name,
age and address, and the trade name, style and motive
power of the motor vehicles he is competent to operate,
on a blank to be prepared add furnished by the secretary
250
MISSOURI
of state for that purpose. Upon the filing of such state¬
ment, the secretary of state shall register the name of
the said person in a book to be kept for that purpose, and
assign to him a distinctive number; and upon payment of
the fee, as hereinafter provided, shall forthwith issue and
deliver to him a certificate of registration, which shall
contain the words "Registered auto driver No. ,
Missouri motor vehicle law," and the registration number
and the name and motive power of the motor vehicles
•which said person states he is competent to operate, the
date of the registration, and the page of the book in which
said person is registered; and for such registration and
issuing of such certificate a fee of two ($2.00i) dollars shall
be paid to the secretary of state: Provided, That no cer¬
tificate of registration shall be issued to any person under
the age of eighteen (18) years; and provided, further, that
if any person registered in accordance with this act shall
remove from the county in which he resided when his
statement was filed, his certificate of registration shall
thereupon expire, and he shall file another statement giv¬
ing the address to which he has removed.
Operator's Badge—Display
Sec. 10. The secretary of state shall forthwith upon regis¬
tration as provided in section nine (9), and without other
fee, issue and deliver to the person registered a badge of
aluminum or other suitable metal, which shall be oval in
form, and the greater diameter of which shall not be more
than two (2) inches, which badge shall have thereon the
words "Registered auto driver number ," with
the registration number inserted therein, and which said
badge shall be thereafter worn by such auto driver and
pinned upon his clothing in a conspicuous place, at all
times while he is operating a motor vehicle upon the pub¬
lic highways.
Kon-Besident Operators
Sec. 11. The provisions of sections nine and ten of this
act shall not apply to any auto driver who is a non-resi-
251
AUTOMOBILE LAW
dent of this state, and who shall be operating a motor
vehicle owned by a non-resident of this state, unless be
shall operate in this state 20 days or more: Provided,
such auto driver shall have complied with any law requir¬
ing the registration or licensing of auto drivers in the
city, state, territory or federal district of his residence,
provided the motor vehicle so operated or driven by him
shall have been registered by the owner thereof, and shall
bear the registration number showing initial or abbrevia¬
tion of the name of such city, state, territory or federal
district in which the said motor vehicle has been regis¬
tered, substantially as in section two of this act provideSd.
Unlicensed Operators Prohibited from the Highways
Sec. 12. No person who shall not have complied with the
provisions of sections nine, ten and eleven of this act,
shall operate a motor vehicle, as auto driver, on the pub¬
lic highways of this state after thirty (30) days from the
time this act takes effect; and no person shall volun¬
tarily permit any other person to wear his badge; nor shall
any person wear a fictitious badge or badge belonging to
any other person.
Operating Vehicle Without Permission of Owner, Prohibited
Sec. 13. No person, whether employed as an auto driver
or otherwise, shall take, use, operate or run any motor
vehicle without the consent, permission or knowledge of
the owner thereof.
Brakes—Horns—Bells
Sec. 14. Every motor vehicle, while in use on a public
highway, shall be provided with good suitable brakes, and
also with a suitable horn, bell or other signal device.
Laws of the Road
Sec. 15. Whenever a person operating a motor vehicle
shall meet on a public highway any other person riding or
driving a horse or horses or other draft aninfals or any
other vehicle, the person so operating sqch motor vehicle
252
MISSOURI
shall seasonably turn the same to the right of the center
of such highway, so as to pass without interference. Any
such person so operating a motor vehicle shall, on over¬
taking any such horse, draft animal or other vehicle, pass
on the leit side thereof, and the rider or driver of such
horse, draft animal or other vehicle shall, as soon as prac¬
ticable, turn to the right, so as to allow free passage on
the left. Any such person so operating a motor vehicle
shall, at the intersection of public highways, keep to the
right of the intersection of the center of such highways
when turning to the right, and pass to the right of such
intersection when turning to the left.
Approaching Animals—^Warnings—Duty in Case of Accidents
Sec. 16. Every person, corporation, company or co-part¬
nership engaging in operating any motor vehicle upon any
of the public streets, roads or highways of this state shall
keep a vigilant watch for all vehicles, carriages or wagons
drawn by animal or animals, and especially vehicles, car¬
riages or wagons driven by women or children, and shall,
when approaching any such vehicle, carriage or wagon so
drawn by animal or animals, stop such motor vehicle for
such time as to enable such person in charge of any such
vehicle, carriage or wagon to pass, or if going in the same
direction shall, before attempting to pass, give said driver
or person in charge of any vehicle, carriage or wagon,
drawn by animal or animals, sufficient notice of his or their
intention to pass, by (the) sounding a bell, whistle or
horn, and if necessary to prevent the frightening of such
animal or animals, bring said motor vehicle to a stop, in
order to give such driver or person an opportunity to
alight from such vehicle, carriage or wagon, and in ease
of an injury to a person or damage to property, the opera¬
tor of such motor vehicle shall stop, and upon request of a
person injured or property damaged, or any person pres¬
ent, shall give his name and address, and if he is not the
owner of such motor vehicle, he shall give the name and
address of such owner.
253
AUTOMOBILE LAW
Signal of Distress
Sec. 17. Every person operating a motor vehicle on the
public highway shall, at request or npon signal by hold¬
ing up the hand or otherwise, from a person riding or
driving a horse or horses, or leading a horse or horses or
other draft animal on the highway, shall cause the motor
vehicle to stop and remain stationary, and shall, if re¬
quested, stop the engine of such motor vehicle so long
as may be necessary to allow the said horse or horses or
other draft animal to pass; and it shall be the duty of any
male auto driver or driver of any motor vehicle, and other
male occupants thereof, over the age of 15 years, while
passing any horse or horses or other draft animals which
appear badly frightened, or upon the request of the per¬
son in charge of such horse or horses or other draft ani¬
mal, to give such personal assistance as would be rea¬
sonable to insure the safety of all persons concerned and
to prevent accidents. The provisions of this section shall
apply to motor vehicles going either in the same or in
the opposite direction; Provided, however, that no person
shall give a signal of danger or distress, or call for as¬
sistance upon a person operating a motor vehicle without
a reasonable cause for so doing.
General Speed Bates
Sec. 18. No person shall operate a motor vehicle on any
public highway at a greater rate of speed than is reason¬
able, having regard to the traffic and use of the highway,
or so as to endanger the life and limb of any person, or
the safety of any property, and shall not in any event,
while upon any public highway, run at a greater rate of
speed than fifteen miles an hour; and when turning a cor¬
ner of intersecting roads or streets, or when traversing a
curve or turn in the road or street, where the view is ob¬
structed, the speed shall not be greater than six miles an
hour; and within the limits of all cities, towns and vil¬
lages the rate of speed shall not be greater than eight
miles an hour in the business portion of any city, town or
254
MISSOURI
village, and not greater than ten miles per hour in all
other portions thereof.
Pcwers of Local Authorities
Sec. 19. No owner of a motor vehicle who shall have
obtained a certificate of registration from the secretary
of state, as hereinbefore provided, shall be required to
obtain any other certificate to use or operate such motor
vehicle on any of the public highways: Provided, cities,
towns, and villages where the owner of such motor vehicle
resides, may require a license tax to be paid by such owner.
Provided, further, that when the owner of any motor vehi¬
cle shall have complied with the requirements in that re¬
spect of the city, town or village where he resides, he shall
not be required to pay any license tax to any city, town
or village through which he may pass.
Sights to Recover Damages
Sec. 20. •Nothing in this act contained shall be construed
to curtail or abridge the right of any person to prosecute
a civil action for damages by reason of injuries to person
or property resulting from negligent use of the highway
by the driver or operator of a motor vehicle, or its owner
or employer or agent.
Fines and Penalties
Sec. 21. Any person, corporation, company or co-part¬
nership violating any of the provisions of this act shall,
for the first offense, be punished by a fine of not less than
$25.00 nor more than $100.00, and for the second violation
of the provisions of this act, be punished by a fine of
not less than $50.00 nor more than $500.00, or by im¬
prisonment in the county jail not more than sixty days,
and shall forfeit all rights and privileges provided for
under the provisions of this act.
Liability for Damages
Sec. 22. All persons owning, operating or controlling an
automobile running on, upon, along or across public roads,
255
AUTOMOBILE LAW
streets, avenues, alleys, highways or places much used
for travel, shall use the highest degree of care that a
very careful person would use under like or similar cir¬
cumstances, to prevent injury or death to persons on, or
traveling over, upon or across such public roads, streets,
avenues, alleys, highways or places much used for travel.
Any owner, operator or person in control of an automobile,
failing to use such degree of care, shall be liable in dam¬
ages to a person or property injured by the failure of the
owner, operator or person in control of an automobile,
to use such degree of care, and in case of the death of
the injured party, then damages for such injury or death
may be recovered, as provided by section 2864, of the
Bevised Statutes of Missouri, as amended in 1905; unless
the injury or death is caused by the direct negligence of
the injured or deceased person, contributing directly there¬
to.
256
Montana
Motor Vehicle Law
(See Code, 1907.)
Law of the Bead
Sec. 1420. When vehicles meet the drivers of each must
turn seasonably to the right of the center of the highway
or road, so .as to pass witout interference, under the
penalty of $25 for every neglect, to be recovered by tne
party injured. Where the whole breadth of the roadway
is not worked, the center of the worked part is the center
of the highway. In times of snow where there is a
beaten track the center of that is the center of the high¬
way or road. But this section does not apply to vehicles
meeting cars running on rails or grooved tracks.
Same—^When Vehicle to be Stopped
Sec. 1427. All persons owning, controlling, operating or
managing * • • automobiles or steam engines of any
kind, are required in moving the same along the public
highways, or meeting any person, or persons, on horses,
mules, or other animals, or in vehicles of any kind, drawn
by horses, or mules, or other animals, to shut off the steam,
and come to a halt a distance of one hundred yards from
the place of halting on said highway.
Same—Penalty for Violating
Sec. 1428. Any person or persons violating the provisions
of the preceding section, shall be guilty of a misdemeanor,
and shall on conviction thereof, be fined in a sum not less
than five dollars nor more than one hundred and fifty
dollars.
257
AUTOMOBILE LAW
General Speed Bates
See. 1429. No automobile or other motor vehicle shall be
run on any public highway outside of the limits of a city,
fire district, or thickly settled or business part of a town at
a speed exceeding twenty miles an hour, and no such
vehicle shall be run on any public way within the limits
of a city, fire district, or other thickly settled or busi¬
ness portion of a town at a speed exceeding eight miles an
hour.
Approaching Animals—Signal of Distress
Sec. 1430. Every person having control or charge of a
motor vehicle or automobile shall, whenever upon any
public street or way approaching any vehicle drawn by
horse, mule, horses or mules, or any horse upon which any
person is riding, operate, manage and control, such motor
vehicle or automobile in such manner as to exercise every
reasonable precaution to prevent the frightening of any
such horse or horses, and to insure the safety and protec¬
tion of any person riding or driving the same. And if such
horse or horses appear frightened, the person in control
of such motor vehicle shall reduce its speed, and if re¬
quested by signal or otherwise, by the driver of such horse
or horses, shall not proceed further towards such animal
unless such movement be necessary to avoid accident or
injury, or until such animal appears to be under the con¬
trol of its rider or driver.
Approaching Crossings
Sec. 1431. Upon approaching a crossing of intersecting
ways, and in traversing the crossing or intersections, the
person in control of a motor vehicle shall run it at a rate
of speed less than that above specified, and not greater
than is reasonable and proper, having regard to the traflSc
and the use of the intersecting ways.
"Motor Vehicle" Defined
Sec. 1432. The term "motor vehicle" in this act shall
include all vehicles propelled by any power other than
258
MONTANA
muscular power, excepting railroad and railway cars and
motor vehicles running only upon rails or tracks.
Fines and Penalties
Sec. 1433. Any person violating any provision of this act,
shall be punished for each offense by a fine not exceeding
one hundred dollars, or by imprisonment for a term not
exceeding sixty days, or by both such fine and imprison¬
ment.
259
Nebraska
Motor Vehicle Law
[Approved April 3, 1907.]
Definitions
Section 1. The words and phrases used in this act shall,
for the purpose of this act only, be construed as follows:
1. "Motor Vehicles," shall include all vehicles propelled
by any power other than muscular power excepting such
motor vehicles as run only on rails or tracks, provided
that nothing herein contained shall apply to traction
engines or road rollers. 2. "Closely built up portions,"
shall mean the territory of a city, town or village, con¬
tiguous to a public highway devoted to business or where
for not less than one-fourth (14) of a mile the dwelling
houses on such highways average not more than one
hundred (100) feet apart.
Application for Registration—^Fees
Sec. 2. Every owner of a motor vehicle shall, for every
such vehicle owned by him, file in the o£5ce of the secre¬
tary of state a statement of his name and address, with
a brief description of the vehicle to be registered, on a
blank prepared and furnished by such secretary for that
purpose. The fee shall be $1.00 per year, and must ac¬
company the application for registration and license; sub¬
sequent payments must be made on or before the date of
expiration of said registration and license, which is for
one year from date thereof. For registering change of
ownership the fee shall be $1.00. A certified copy of the
bill of sale must accompany such application.
200
NEBRASKA
Becord of Begistration
Sec. 3. The secretary of state shall thereupon file such
a statement in his office, register such motor vehicle in
a book to be kept for that purpose and assign it a num¬
ber beginning with number one (1) and so on in the
order of filing.
Be-Begistration
Sec. 4. Every person acquiring a motor vehicle shall file
a like statement with the secretary of state and such
secretary of state shall, in like manner, file such state¬
ment, register such vehicle and assign it a number. If the
vehicle has previously been registered, and such fact and
number asigned it shall be set forth in the statement,
and the previous registration shall be cancelled; but the
number of such previous registration may be assigned
under the new registration.
Begistration Seal
Sec. 5. The secretary of state shall forthwith on such
registration and without other fee, issue and deliver to
the owner of such motor vehicle, a seal of aluminum or
other suitable metal which shall be circular in form, not
over two (2) inches in diameter, and have stamped thereon
the words "Registered in the office of the secretary of
state for the state of Nebraska," under the motor law
No. —. with the registration number inserted therein,
which seal shall thereafter at all times be conspicuously
displayed on the motor vehicle to which such number has
been assigned.
Display of Markers
Sec. 6. Every motor vehicle shall also at all times have
the number assigned to it by the secretary of state dis¬
played on the back of such motor vehicle in such a manner
as to be plainly visible, the number to be Arabic numer¬
als, each not less than three (3) inches in height, and each
361
AUTOMOBILE LAW
stroke to be of a width not less than one-half (%) inch,
and also as a part of such number the abbreviated letters
of the state name, viz.: Neb., such letters to be not less
than two (2) inches in height.
Non-Besidents
Sec. 7. The provisions of section two (2) to five (5) in¬
clusive shall not apply to motor vehicles owned and
operated by non-residents of this state, provided the
owners thereof have complied with any law requiring the
registration of owners of motor vehicles in force in the
state, territory or federal district of their residence, and
the registration number showing the initials of such state,
territory or federal district shall be displayed on snch
1 cLicles substantially as provided by section six (6) of
this act.
General Speed Bates
Sec. 8. No person shall operate a motor vehicle on a pub¬
lic highway at a rate of speed greater thau is reasonable
and proper, having regard to the trafSc and use of the
highway, or so as to endanger the life or limb of any
person, or in any event in the close built up portions of a
city, town or village, at a greater rate than one (1) mile
in six (6) minutes, or elsewhere in a city, town or village,
at a greater rate than one (1) mile in four (4) minutes,
or elsewhere outside of the city, town or village, at a. great¬
er rate than twenty miles per hour; subject, however, to
the other provisions of this section. Upon approaching a
crossing of intersecting public highways, or a bridge, or a
sharp curve, or a steep descent, and also in traveling such
crossings, bridges, curves, or descent, a person operating
a motor vehicle shall have it under control and operated
at a rata of speed less than heretofore specified, and in no
event greater than, is reasonable and proper, having regard
to the traffic then on such highways and the safety of the
public.
263
NEBRASKA
Approaching Animals—Signal of Distress
Sec. 9. Any person operating a motor vehicle shall at re¬
quest or on signal by putting up the hand, from a person
riding or driving a restive horse or other draught or
domestic animal, bring such motor vehicle immediately
to a stop, and, if traveling in the- opposite direction re¬
main stationary so long as may be reasonable to allow
such horse or animal to pass, and if traveling in the
same direction, use reasonable caution in passing such
horse or animal, and the operator or occupant of any
motor vehicle shall render necessary assistance to the
party having in charge such a horse or other draught
animal in so passing.
Brakes—Bells—Horns—Lamps
Sec. 10. Every motor vehicle while in use on a public
highway shall be provided with good and sufficient brakes,
and also with a suitable bell, horn or other signal, and
be BO constructed as to exhibit during the period from
one (1) hour after sunset to one (1) hour before sunrise,
one or more lamps showing white lights visible within a
reasonable distance toward which such a vehicle is pro¬
ceeding, and also red light visible in the reverse direc¬
tion.
Powers of Local Authorities
Sec. 11. Cities and towns shall have no power to pass,
enforce or maintain any ordinance, rule or regulation re¬
quiring of any owner or operator of a motor vehicle any
license or permit to use the public highway or exclude or
prohibit any motor vehicle whose owner has complied with
section two (2) or section four (4) of this act from the
free use of such highways, and all such ordinances, rules
or regulations now in force are hereby declared to be of
no validity or effect; provided that nothing in this act
shall be construed as limiting the power of local authori¬
ties to make and force and maintain an ordinance, rules
or regulations, in addition to the provisions of this act,
263
AUTOMOBILE LAW
affecting motor Tehicles which are offered to the public
for hire.
List of Registrations
Sec. 12. The secretary of state may, at his discretion,
publish in pamphlet, form tne names of owners of motor
vehicles who have registered and pay the expense from
the office expense fund of his department, providing such
publication may be sold for not less than $1.00 per copy.
The proceeds of said sale to be paid to the state treasurer
for the general fund as miscellaneous fees.
Fines and Penalties
Sec. 13. The violation of any of the provisions of this
act, shall be deemed a misdemeanor, punishable by fine
not exceeding twenty-five dollars ($25.00) for the first
offense, and punishable by a fine not less than twenty-
five ($25.00) nor more than fifty dollars ($50.00), or
imprisonment not exceeding thirty days (30) in the county
jail for a second or subsequent offense.
(Compiled Statutes 1907.)
Law of the Road
Sec. 6106. Whenever any persons traveling with any car¬
riages shall meet on any road in this state, the persons
so meeting shall seasonably turn their carriages to the
right of the center of the road, so as to permit each car¬
riage to pass without interfering or interrupting, under
the penalty of five dollars for every neglect or offense;
Provided, this section shall not be construed to apply to
any case, unless some injury to person or property. shall
occur by the driver of the carriage or wagon refusing
to turn to the right of the beaten track; nor shall it be
construed to extend to a case where it is impracticable,
from the nature of the ground, for the driver of the
carriage or wagon to turn to the right of the beaten
track.
264
Nevada
There is no General Motor Vehicle Law
in this State.
2S5
New Hampshire
Motor Vehicle Law
(Approved March 10, 1905—as amended April April 9, 1909.)
Definitions
Section 1. The terms automobile and motor cycle as used
in this act shall include all vehicles propelled by other
than muscular power, except railroad and railway cars and
motor vehicles running upon rails or tracks and road
rollers.
Applications for Registration—Fees—Record—Markers-
Certificate—^Display of Same—^Expiration
Sec. 2. All automobiles and motor cycles shall be regis¬
tered by the owner or person in control thereof in accor¬
dance with the provisions of this act. Applications for
such registration shall be made, by mail or otherwise, to
the secretary of state, upon blanks prepared under his
authority. The application shall, in addition to such other
particulars as may be required by the secretary of state,
contain a statement of the name, place of residence, and
address of the applicant, with a brief description of the
automobile or motor cycle, including the name of the
maker, the number, if any, affixed by the maker, the char¬
acter of the motive power and the amount of such power
stated in figures of horse-power, and with such applica¬
tion shall be deposited a registration fee of ten dollars in
the case of an automobile and two dollars in the case of a
motor cycle. Said secretary of state shall then register in
a book to be kept for the purpose, the automojbile or motor
236
NEW HAMPSHIRE
cycle described in the application, giving to such vehicle a
distinguishing number or mark, which in all cases shall be
followed by the letters "N. H.," and shall thereupon issue
to the applicant a certificate of registration and shall
furnish such applicant with two number plates or tags
bearing the distinguishing number or mark of his vehicle,
followed by the letters "N. H.," of such form as to be
conveniently attached to the vehicle registered. The cer¬
tificate shall contain the name, place of residence and
address of the applicant, and the registered number or
mark, and shall prescribe the manner in which such regis¬
tered number or mark shall be displayed upon the vehicle,
and shall be in such form and contain such further provi¬
sions as the secretary of state may prescribe. The cer¬
tificate of registration shall always be carried in some
easily accessible place in the vehicle described therein. A
proper record of all applications and of all certificates
issued shall be kept by the secretary of state at his office
and shall be open to the inspection of any person during
reasonable business hours. Each certificate of registra¬
tion shall terminate on December 31, of the year of issue.
Upon the sale of any automobile or motor cycle its regis¬
tration shall expire and the vendor shall immediately re¬
turn the certifi,cate of registration and number plates to
said secretary of state, with notice of the sale and of the
name, place of residence and address of the vendee.
Begistration by Manufacturer or Dealer—Fee
Sec. 3. Every manufacturer of or dealer in automobiles
or motor cycles, may, instead of registering each such
vehicle owned or controlled by him, make application
upon a blank provided by the secretary of state, for a
general distinguishing number or mark, and the secretary
of state shall, if the facts stated in said application are
true, grant said application and issue to the applicant a
certificate of registration containing the name, place of
residence and address of the applicant and the general
number or mark assigned-to him and made in such form
267
AUTOMOBILE LAW
and containing such further provisions as said secretary of
state may determine, and alt automobiles or motor cycles
owned or controlled by such manufacturer or dealer shall,
until sold or let for hire, or loaned for a period of more
than five successive days, be regarded as registered under
such general distinguishing mark or number. The fee for
every such license shall be twenty-five dollars annually,
and approved number plates or tags shall be furnished to
the applicant by said secretary of state for the sum of one
dollar per pair.
Operator's License—Application for—Becord—^Fees—^Display
of Same—Expiration
Sec. 4 No person shall operate an automobile or motor
cycle until he shall have first obtained a license for that
purpose. Applications for licenses shall be made upon
blanks prepared by the secretary of p*ate, and the licenses
issued shall be in such form and contain such provisions
as said secretary of state may determine. To each licensee
shall be assigned a distinguishing number or mark, and a
proper record of all applications for licenses and of all
licenses issued shall be kept by the secretary of state
at his ofiSce and shall be open to the inspection of any per¬
son during reasonable business hours. Each license shall
state the name, place of residence and address of the
licensee, and the distinguishing number or mark assigned
to him. Such licenses shall be granted for one year only,
and the fee therefor shall be one dollar. All fees shall
be deposited at the time of making application.
Special licenses for operating automobiles for hire may
be issued by the secretary of state for an annual fee of
five dollars each, but no license shall be issued under the
provisions of this section until the secretary of state shall
have first satisfied himself that the applicant -is a com¬
petent and proper person to receive the same. Every
licensee when operating a machine shall keep his license
with him and exhibit it upon the request of any officer of
the law.
268
NEW HAMPSHIRE
Unregistered VeUcles and Unlicensed Operator Excluded
from Highway—Display of Markers
Sec. 5. Except as hereinafter provided, no person shall on
or after the first day of May in the year nineteen hundred
and five, operate an automobile or motor cycle upon any
highway laid out under the authority of statute or road
dedicated to the public use for a highway, unless the provi¬
sions of sections two and four of this act have been com¬
plied with, nor unless the registered number or mark is
at all times so displayed at two points upon the vehicle as
to be unobstructedly visible, respectively from in front of
and behind said vehicle. Number plates furnished by the
secretary of state shall be the only approved form of dis¬
play of the distinguishing number or mark and the same
shall be of uniform style, bearing the number legibly in¬
scribed upon them in figures not less than four inches in
height followed by the letters "N. H." Motor cycles
shall be required to carry but one number plate which
must be constantly displayed in the most conspicuous
position practicable. No person shall operate an automo¬
bile for hire unless specially licensed so to do, and no per¬
son shall employ for hire as chauffeur or operator of an
automobile, any person not specially licensed as aforesaid,
and the secretary of state may make regulations requir¬
ing display of the chauffeur's or operator's number or
mark. The provisions of this section shall not prevent
the operating of automobiles by unlicensed persons if rid¬
ing with or accompanied by a licensed chauffeur or opera¬
tor.
Non-Eesidents
Sec. 6. Automobiles or motor cycles owned by non-resi¬
dents of this state and registered in some other state, may
be operated upon the roads and highways of this state for
ten days continuously, at the expiration of which time they
shall be subject to registration the same as automobiles
and motor cycles owned by residents of the state,
subject, however, to the speed limitations contained in this
269
AUTOMOBILE LAW
act. Any non-resident person holding an operator's or
chauffeur's license from another state may operate an
automobile or motor cycle in this state subject to a revoca¬
tion or suspension of such right by the secretary of
state for cause as hereinafter provided.
Brakes—Mufflers—Bells—Horns—Lamps
Sec. 7. Every automobile or motor cycle operated within
the state shall be provided with an adequate brake, with
an efScient mufder or silencing device which shall constant¬
ly be maintained in use whenever the vehicle is operated
within business districts or other compactly built sections
of cities or towns. Every automobile or motor cycle shall
■further be provided with a suitable bell, horn or other means
of signalling and shall during the period from one hour
after sunset until one hour before sunrise, display lighted
lamps upon the faces of which shall be displayed the
distinguishing number of the machine in legible figures of
not less than one inch in height.
General Speed Bates
Sec. 8. No automobile or motor cycle shall bo operated
upon any public highway outside the business district or
the compactly built sections of a city or town at a i^eed
greater than twenty-five miles an hour, or within the busi¬
ness districts or compactly built sections of a city or town
at a speed greater than ten miles an hour. A point upon
a road shall be considered to be within the compactly
built section of a city or town if the buildings abutting
upon the road for one-quarter of a mile immediately ad¬
jacent to the point in question average one hundred feet
apart or less. Upon traversing a crossing of intersecting
ways, in going around a corner or curve which cuts off a
free view of the road to be traveled, or in traversing
a highway bordering a deep descent or passing over a
bridge, every person operating such a vehicle shall run it
at a rate of speed less than that heretofore specified and at
no time and in no place greater than is reasonable and
proper, having regard to traffic, the use of the way, and
270
NEW HAMPSHIRE
the safety of the public. In traversing a crossing of in¬
tersecting ways or in going around a corner or sharp curve
in a road, the operator shall sound his horn or bell.
Approaching Animals—Signal of Distress
Sec. 9. Every person having control or charge of an auto¬
mobile or motor cycle, shall, whenever upon any public
street or way and approaching any vehicle drawn by a
horse or horses or approaching any horse upon which any
person is riding, operate, manage and control such auto¬
mobile or motor cycle in such manner as to exercise
every reasonable precaution to prevent the frightening of
such horse or horses and to insure the safety and protec¬
tion of any person riding or driving the same. And, if
such horse or horses appear to be frightened, the person
in control of such automobile or motor cycle shall reduce
its speed, and if requested by the raising of a hand or
other signal, by the rider or driver of such horse or horses,
shall not proceed further towards such animal, and in
cases of extreme fright shall upon request reduce the
motive power to a full stop.
Fines and Penalties
Sec. 10. Any person convicted of violating any provi¬
sions of this act shall be punished for the first offense by
a fine of not exceeding ten dollars and costs. Any person
convicted of a second or subsequent offense shall be pun¬
ished by a fine of not exceeding fifty dollars and the revo¬
cation of his license or privilege. Any person convicted
of operating an automobile or motor cycle after a revoca¬
tion or suspension of his license or privilege, shall be
punished by a fine not exceeding one hundred dollars or
by imprisonment not exceeding thirty days, or by both
such fine and imprisonment. A court convicting any per¬
son of violating any of the provisions of this act shall
at once notify the secretary of state of such conviction,
with the number, or mark of the machine and license, and
shall transmit other information obtained at the hearing.
This shall be recorded by the secretary of state, and if
271
AUTOMOBILE LAW
at any time it shall appear that any person has been con¬
victed of a first offense in more than one court in this
state the fact of the second conviction shall be deemed
a second offense and his licens?, or, if a non-resident his
privilege, shall be revoked. Upon such revocation his
license shall be returned to the secretary of state. The
secretary of state shall not again grant a new license to
any person, or renew the privilege of a non-resident, after
revocation under the provisions of this section, except for
good reasons shown and not before the expiration of three
months from the date of such revocation.
Disposition of Fees
Sec. 11. It shall be the duty of the secretary of state to
perform all acts as provided herein. The fees received
under the provisions of this act shall be paid quarterly
by the secretary of state into the treasury of the state,
and such expenses as may be necessary in carrying out
the provisions of this act shall be paid out of the treas¬
ury of the state. All fees in excess of the sums necessary to
carry out the provisions of this chapter shall be expended
for the maintenance and improvement of the highways
under the direction of the governor and council, in accor¬
dance with the provision of chapter 35, laws 1905, and
amendments thereof, said balance to be in addition to all
sums already appropriated, or that may hereafter be ap¬
propriated by the general court for the same purpose.
Baclng or Speed Contests—Notice of
Sec. 12. Nothing in this act shall be construed to pro-
vent the selection of any town, or the joint boards of the
selectmen of two or more adjoining towns, from issuing a
special permit to manager or person in charge of an
automobile meet or gathering, for trials of speed or en¬
durance upon a particular highway or over a specified
route. But such permit shall be limited to days specified
therein. Every family residing on such highway or route
shall be notified in writing, and the public shall be notified
by publication in the local newspapers issued the week
272
NEW HAMPSHIRE
next prior to such meeting, that such permit has been
granted. All expense incurred under this section shall be
paid by the applicant and no such permit shall be a pro¬
tection from the general provisions of this act except upon
a strict compliance herewith, and shall in no way annul
or modify any of the provisions of section nine of this act.
Right of Damages
Sec. 13. If any person sustains an injury to himself or
team on any public highway by reason of the presence
of any automobile or motor cycle thereon, the fact of
such -injury shall be prima facie evidence sufficient to
sustain an action of case to recover for such injury, unless
the vehicle causing such injury is under the control of
or accompanied by a person holding a chauffeur's or ope¬
rator's license. This section shall not apply to any auto¬
mobile or motor cycle left in any highway from necessity,
or otherwise left in a reasonable manner, by a licensed
chauffeur or operator.
(New Hampshire Pub. Stats. 1901, Chapter 76.)
Law of the Road—Traveling in Opposite Directions
Sec. 17. If a person traveling on a highway with a
vehicle, meets another person traveling, in the opposite
direction, he shall seasonably turn to the right of the
center of the traveled part of the road, so that each may
pass the other without interference.
Same—Traveling in Same Direction
See. 18. If a person traveling on the highway with a
vehicle, is informed that another person, traveling in like
manner, in the same direction, desires to pass him, he
shall turn to the right of the center of the traveled
part of the road, if there is sufficient room on that side
to enable him to do so with safety, and shall not wilfully
obstruct the passage of the rear team upon the other side
of the road.
273
AUTOMOBILE LAW
Same—Penalty for Violation
Sec. 19. If any person shall violate either of the pro¬
visions of either of the two preceding sections, he shall
be fined not exceeding ten dollars, and shall be liable for
the damages occasioned thereby..
Same—Statute of Limitations
Sec. 20. No complaint of such violation shall be sus¬
tained unless made by the person injured, or by some other
by his authority, within ninety days after the offense;
and no action shall be sustained for the damages occa¬
sioned thereby unless brought within one year.
en
New Jersey
Motor Vehicle Law
[Chapter 113, Laws of 1906, as amended by Chapter 304,
Laws 1908. Also By-Laws 1909.]
PAET I.
DefiDitions
Sec. 1. As used in this act:
(1) The term "motor vehicle" includes all vehicles
propelled otherwise than by muscular power, excepting
such vehicles as run only upon rails or tracks.
(2) The term "motor cycle" includes only motor vehi¬
cles having pedals and saddle with driver sitting astride..
(3) The term "automobile" includes all motor vehi¬
cles excepting motor cycles.
(4) The word "magistrate" shall be deemed and under¬
stood to mean and include all justices of the peace, judges
of the city criminal courts, police justices, recorders, may¬
ors and all other oflBcers having the power of a committing
magistrate.
Certain Vehicles Expected
Sec. 2. Automobile fire engines and such self-propelling
vehicles as are used neither for the conveyance of persons
for hire, pleasure or business, nor for the transportation
of freight, such as steam road rollers and traction engines,
are expected from the provisions of this act.
PAET II.
THE CONSTEUCTION AND EQUIPMENT OF MOTOE
VEHICLES.
Signaling Device
Sec. 3. Every motor vehicle must be equipped with a
plainly audible signal trumpet.
275
AUTOMOBILE LAW
Lamps
Sec. 4. (1) Every automobile shall carry, daring the
period from thirty minutes after sunset to thirty minutes
before sunrise, and whenever fog renders it impossible
to see a long distance, at least ^wo lighted lamps, showing
white lights, visible at least two hundred and fifty feet
in the direction towards which said automobile is proceed¬
ing, and shall also exhibit one red light, visible in the
reverse direction.
(2) Every motor cycle shall carry, during the period
from one hour after sunset to one hour before sunrise,
and whenever fog renders it impossible to see a long dis¬
tance, at least one lighted lamp, showing a white light
visible at least two hundred feet in the direction toward
which the motor cycle is proceeding.
Brakes
Sec. 5. Automobiles of more then ten horse-power shaU
be provided with at least two brakes, powerful in action
and separated from each other, of which one brake must
act directly on the drive wheels or on the parts of the
mechanism which are firmly connected with the wheels.
Each of the two brakes must suffice alone to stop the auto¬
mobile within a proper time. One of the two brakes must
be so arranged as to be operated with the foot; provided,
however, that on automobiles not exceeding ten horse¬
power one brake will be sufficient. Motor cycles shall he
provided with at least one brake, which may be operated
by hand.
Chains
Sec. 6. No motor vehicle tire shall be fitted with a chain
when used upon gravel, macadam or other made roads,
except upon natural dirt, asphalt, cobble, Belgium block
or vitrified brick pavements; provided, however, that tires
may be fitted with a chain when used upon roads covered
with a coating of at least one inch of snow or ice.
276
NEW JERSEY
Mufflers—Smoke Preventives
Sec. 7. Every motor vehicle must have devices to pre¬
vent excessive noise, annoying smoke and the escape of
gas and steam, as well as the falling out of embers or
residue from the fuel; and all exhaust pipes carrying
exhaust gases from the engine shall be directed parallel
to the ground or slightly upward.
PART III.
DEPARTMENT OF MOTOR VEHICLE REGISTRATION
AND REGULATION.
Organization and Duties
Sec. 8. The secretary of state shall forthwith organize
in connection with the Department of State the depart¬
ment of motor vehicle registration and regulation. He
shall provide suitable quarters for the same and shall fur¬
nish all necessary supplies and equipment for the pro¬
per enforcement of the provisions of this act. He shall ap¬
prove all bills for disbursement of money under any of
the provisions of this act, which shall be paid by the state
treasurer, upon the warrant of the comptroller out of any
appropriation regularly made therefor.
Commissioner of Motor Vehicles—Inspectors—Compensation
—Powers
Sec. 9. The assistant secretary of state shall be ex-officio
commissioner of motor vehicles, and shall have personal
charge and supervision of the enforcement of the provi¬
sions of this act. The commissioner of motor vehicles
shall appoint a chief inspector of motor vehicles, who
shall be chief clerk of department, and who shall have
practical knowledge of the mechanical arrangement and
capabilities of all kinds of motor vehicles, and be capable
to pass upon the efficiency of motor vehicles and the
competency of motor drivers. The commissioner of motor
vehicles shall also appoint as many inspectors, not exceed¬
ing ten, as may be necessary, in detecting violations of this
AUTOMOBILE LAW
act, in obtaining evidence of violations and otherwise
assisting in the enforcement of the act. The said inspect¬
ors shall be chosen with especial reference to their fitness
for the work, and shall be required to submit themselves
to such -an examination as the commissioner of motor vehi¬
cles shall provide, and shall be equipped, at his discretirn,
with motor cycles or other means of conveyance. The com
missioner of motor vehicles shall organize the inspector
force with the chief inspector at its head and shall adopt
such rules and regulations for the regulation of the in¬
spector force as shall appear desirable, and shall exercise
the power of suspension, and when necessary, of discharge
of inspectors for failure to comply with the rules of the
department, or for any other cause. He shall fiix the com'
pensation of these inspectors, but in no case shall such
compensation exceed three dollars per day. The commis¬
sioner of motor vehicles shall also have the power to ap¬
point any number of citizens, not exceeding twenty, who
shall be interested in the proper enforcement of this act,
and who shall be known as special inspectors, not more
than two of whom shall be residents of any one county.
They shall serve without pay, and shall have all the power
and authority of the paid inspectors as stated in this act.'
The commissioner of motor vehicles shall also fix the com¬
pensation of clerical assistantf and others employed under
this act. The compensation of the commissioner of motor
vehicles shall be fifteen hundred dollars per annum, in ad¬
dition to any compensation he may receive by reason of
any statute fixing the compensation of assistant secretary
of state, and that of the chief inspector shall be fifteen
hundred dollars per annum.
Registration Agents—^Duties—Fees—^Revocation of XJcensei^
—New Licenses
Sec. 10. The commissioner of motor vehicles shall be au¬
thorized, and full power and authority are hereby given
to him, to designate the chief of police and the lawful
deputy of said chief of police of any municipality in this
state, or any other proper person, to be the agent of the
278
NEW JERSEY
said commisBioner of motor vehicles, for the registering of
motor vehicles and issuing registration certificates, and
for the examining of applicants for licenses to drive motor
vehicles, and the granting of licenses to said applicants,
subject to the requirements of this act and to such rules
and regulations as shall be imposed by the commissioner;
and any chief of police and deputy who may be so desig¬
nated are hereby authorized and required to act accord¬
ing and until the said authority so to act is revoked by
the said commissioner. The fee allowed such agent for
registration certificates so issued by him, and for every
license so granted by him, shall be fixed by the inspector
of motor vehicles, the same to be retained from the regis¬
tration fee or the license fee paid to.him; provided, how¬
ever, that every registration and registration certificate
and every license to drive motor vehicles may be revoked
by the said commisioner of motor vehicles for a viola¬
tion of any of the provisions of this act, or on other rea¬
sonable grounds, after due notice in writing of such pro¬
posed revocation and the ground thereof, and if a driver
license granted to him within one year thereafter shall be
void and of no effect unless it shall be granted by the said
commissioner of motor vehicles in person; and if the reg¬
istration or registration certificate of any motor vehicle
shall have been revoked, a new registration made, or new
registration certificate issued within one year thereafter
shall be void and of jao effect unless the new registration
shall be made and the new certificate issued under the
personal direction of the commissioner of motor vehicles.
Operator's License—Examination of Applicant—Test—^When
Registration May be Refused
Sec. 11. The commissioner of motor vehicles shall be au¬
thorized, and full power and authority are hereby given to
him, to license at his discretion and upon payment of the
lawful fee, any proper person of the age of sixteen years
or over to be a motor-vehicle driver, said commissioner or
his agent having first examined said person and being sat¬
isfied of his ability as an operator, which examination
279
AUTOMOBILE LAW
shall include a test of the knowledge on the part of the
said person of such portions of the mechanism of motor
vehicles as is necessary, in order to insure the safe opera¬
tion of a vehicle of the kind or kinds indicated by the
applicant and the said applicant having demonstrated his
ability to operate a vehicle of the class designated; and
the said commissioner of motor vehicles may, in his dis¬
cretion, refuse to grant a license to drive motor vehicles
to any person who shall, in the estimation of said commis¬
sioner, be an improper person to be granted such a license;
and the said commissioner shall have power to grant a reg¬
istration certificate to the owner of any motor vehicle, ap¬
plication for registration having properly been made and
the fee therefor paid, and the vehicle being of a type that
complies with the requirements of this act. But it shall he
lawful for the said commissioner of motor vehicles to re¬
fuse registration to any vehicle that, in his estimation, is
not a proper vehicle to be used upon public roads and high¬
ways of this state.
Report of Commissioner
•Sec. 12. The commissioner of motor vehicles shall have
such powers and duties as are in this act given and im¬
posed, and shall collect such data with respect to the proper
restrictions to be laid upon motor vehicles, and the use
thereof upon the public roads, turnpikes and thoroughfares,
as shall seem to be for the public good, and under the
direction of the secretary of state shall report to each leg¬
islature the operations of his office for the year ending on
the next preceding thirty-first day of December. It shall
be his duty to attend to the enforcement of the provisions
of this act.
Commissioner's Becord—Copies of Documents
Sec. 13. The commisioner of motor vehicles shall keep S
record of all his official acts, and shall preserve copies of
all decisions, rules and orders made by him, and shall adopt
an official seal. Copies of any act, rule, order or decision
made by him, and of any paper or papers filed in his office,
280
NEW JERSEY
may be authenticated under said seal, and when so authen¬
ticated shall be evidence equally with and in like manner
as the originals, and said commissioner shall be empowered
to communicate with the police departments and peace offi¬
cers in the state for the purpose of and with the object of
the proper enforcement of this act.
Inspector's Badge and Powers
Sec. 14. Motor vehicle inspectors may be appointed as
provided in section nine of this act, and shall be presented
with a badge indicative of their office, and 'when wearing
such badge on the left breast of the outermost garment
shall have power to stop any motor vehicle and examine
the same to see that it complies with the requirements of
this act, whether in matter of equipment, identification or
otherwise; to require the production of the license of the
driver; to arrest, without warrant, for violations of this
act committed in their presence, and generally to act as
special officers for the enforcement" of the provisions of
this act and for the detection and arrest of those who
violate or infringe upon the provisions hereof.
PART IV.
THE OPERATION OF MOTOR VEHICLES.
Unregistered Automobiles Excluded from Highway—Ficti¬
tious Markers Prohibited—One Marker Only Allowed, Ex¬
cept to Licensed Non-Besident Passenger Carrier.
Sec. 15. No person shall drive a motor vehicle, the owner
of which vehicle shall not have complied with the pro¬
visions of this act concerning the proper registration and
identification of the same; nor shall any person drive a
motor vehicle which shall display on the front or back
thereof a fictitious number, or a number other than that
designated for such motor vehicle in the New Jersey regis¬
tration certificate of such motor vehicle. This section
281
AUTOMOBILE LAW
Bhall not apply to the owners or drivers of automobiles
licensed pursuant to subdivision three of section sixteen
of this act, but such automobile licensed under said sec¬
tion shall at all times display on the back thereof the
registration number of said automobile under the laws
of the state in which the business of the owner shall be
conducted, as provided in the said section, and no other
number shall be required or shall be displayed upon the
said automobile.
Besidents and Non-Besidents to Begister—^Application-
Term of Begistration—Classifications—Fees—Power of
Attorney—^Effect of Sale or Transfer
Sec. 16. (1) Every resident of this state and every non¬
resident, whose automobile shall be driven in this state,
shall, before using such vehicle on the public highways,
register the same, and no motor vehicle shall be driven
unless so registered. Every registration shall expire and
the certificate thereof become void on the thirty-first of
December of each year; provided, it may be lawful for
any automobile duly registered, to operate under said
registration certificate for a period not exceeding thirty-
one days after the expiration of said registration certifi¬
cate. Such registration shall be made in the following
manner:—A statement in writing shall be made to the
commissioner of motor vehicles, or his lawful agent, con¬
taining the name and address of snch owner, together
with a brief description of the character of such automo¬
bile, including the name of the maker and the mann-
facturer's number, and the rated horse-power. The appli¬
cant shall pay the commissioner of motor vehicles for
each registration, a fee of three dollars for automobiles of
the first class; five dollars for the second class; and ton
dollars for the third class. Automobiles of ten horse¬
power or less, shall be of the first class; from eleven to
twenty-nine horse-power, inclusive, of the second class;
and of thirty horse-power or more, of the third class. The
commissioner of motor vehicles shall issue for each auto-
282
NEW JERSEY
mobile so registered a certificate properly numbered, stat¬
ing that such automobile is registered in accordance with
law, and shall cause the name of such owner with his
address and the number of his certificate and description
of such automobile, to be entered on the records of his
department in alphabetical and numerical order. The com¬
missioner of motor vehicles may refuse registration in the
case of any automobile that shall not comply with the re¬
quirements of this act or that shall seem to him unsuit¬
able for use on the roads and highways of this state. Each
owner having a residence outside of the state shall file with
the secretary of state a duly executed instrument, consti¬
tuting the secretary of state and his successors in oflice, the
true and lawful attorney upon whom all original process in
any action or legal proceeding caused by the operation of
his registered motor vehicle, within this state, against
such owner may be served, and therein shall agree that
any original process against such owner shall be of the
same force and effect as if served on such owner within
this state; the service of such process shall be made by
leaving a copy of the same in the office of the secretary of
state with a service fee of two dollars to be taxed on the
plaintiff's costs of suit. Said commissioner of motor vehi¬
cles shall forthwith notify such owner of such address
stated in his application. Upon any and every transfer of
a registered automobile by the owner thereof, in whose
name the same is registered, the said registration and cer¬
tificate thereof shall forthwith be and become void; but
the same may be validated by the endorsement of the com¬
missioner of motor vehicles, the purchaser having made
written application therefor and paid a transfer fee of one
dollar.
Beglstration of Motor Cycles—Fees—Term
(2) Every resident who is the owner of a motor cycle,
and every non-resident whose motor cycle shall be driven
in his state, shall pay an annual registration or license
fee of two dollars for such motor cycle, which shall in¬
clude the right of such person to drive such motor cycle
283
AUTOMOBILE LAW
within this state without an examination of his ability to
run a motor cycle, unless such an examination be re¬
quired by the commissioner of motor vehicles; and such
owner shall be given a registration certificate, in which
shall be designated the proper registration number, and
such certificate shall expire on the thirty-first day of De¬
cember of each year, unless revoked by the commissioner
of motor vehicles, or as otherwise provided by this act.
Special Beglstration of Non-Besident for Carrying Passen¬
gers—fees
(3) Every person or corporation regularly engaged in
the business of carrying passengers for hire by means
of automobiles, which business shall be conducted in a
state adjoining the state of New Jersey, and the condnet
of which business shall require such automobile to enter
the state of New Jersey for said purposes shall make
application, which application shall be in the form of a
sworn statement, signed and sworn to by the applicant,
or if the said applicant be a corporation, by an officer of
the said corporation, and shall specify the number of
automobiles which shall be operated in connection with
the said business, the type and motive power of each, and
the registration number of each under the laws of the
adjoining state in which said business shall be conducted,
the commissioner of motor vehicles shall issue to the said
applicant, upon the payment of a fee of one hundred dol¬
lars, a registration certificate, which shall have endorsed
thereon the type and state registration number of each of
the said automobiles, and which shall permit the said auto¬
mobiles to be operated within the state of New Jersey
for a distance of not to exceed fifteen miles from the
point of entry, into the state; provided, however, that hot
more than fifteen of the said automobiles shall be within
the state of New Jersey at any one time, and that no
automobile shall be included under the provisions of such
registration certificate unless the same is duly registered
and licensed under the laws of the state in which such
284
NEW JERSEY
business is being conducted. [See Supplemental Act below
relating to non-residents.]
Begistration by Manufacturers or Dealers
(4 Every manufacturer of or dealer in automobiles re¬
siding and having his principal place of business within
this state, instead of registering each automobile owned
or controlled by him, may make application, as hereinbe¬
fore provided in this section, for a registration number,
and the written statment, in addition to the matters here¬
inbefore contained, shall state that he is a manufacturer
or dealer, as the case may be; that he desires to use a
single number on automobiles owned or controlled by him
while being used for demonstrating purposes. The com¬
missioner of motor vehicles may thereupon, if satisfied of
the facts stated in said application, issue a certificate as
herein set forth assigning the same a number, which cer¬
tificate shall contain a statement that the same is issued
to the applicant as a manufacturer or dealer, as the case
may be. One certificate shall cover and be valid for the
use of not more than five automobiles of said manufacturer
or dealer at one time while under his control. The com¬
missioner of motor vehicles shall provide five sets of
identification marks of the general style and kind herein¬
after provided for motor vehicle registrations, and such
identification marks shall not be used on any vehicle not
actually owned by said manufacturer or dealer or operated
either .by him or his duly authorized agent. All such auto¬
mobiles shall be regarded as registered under such gen¬
eral number, and in addition to the registration number
displayed on the front and rear of the car as hereafter
provided, there shall be added the letter "M," of equal
size and prominence. The annual fee for such manufac¬
turer's or dealer's registrations shall be five dollars for
each car so authorized to be operated under such registra¬
tion number, and the commissioner of motor vehicles shall
issue registration certificates in duplicate equal to the
number of cars not exceeding five authorized to be oper¬
ated under said registration number.
285
AUTOMOBILE LAW
Operator's License Necessary—Application for—Olassifica-
tion—Fees—CSertiflcate—Term of License—Special Permit
to Operate for Non-Besident Passenger Carrier
See. 17. No person shall hereafter drive an antomobile
upon any public highway in this state, unless licensed to
do so in accordance with the provisions of this act. No
person under the age of sixteen years shall be licensed to
drive automobiles until said person shall have passed a sat¬
isfactory examination as to his ability as an operator,
which examination shall include a test of the knowledge
on the part of said person of such portions of the mechan¬
ism of automobiles as is necessary in order to insure the
safe operation of a vehicle of the kind or kinds indicated
by the applicant. Drivers' license certificates shall expire
on the thirty-first of December of each year. Said licensee
shall be entitled to drive any registered automobile of the
horse-power or of a lesser horse-power than that for which
he is licensed, but not greater. There shall be two classes
of drivers' licenses. Those authorizing the licensee to
drive cars of less than thirty horse-power shall be of the
first class, and those authorizing the licensee to drive cars
of thirty and greater horse-power shall be of the second
class. The annual license fee to be charged shall be two
dollars for drivers of the first class, and four dollars for
drivers of the second class. If an automobile has more
than one rating of horse-power, all fees shall be reckoned
at the highest rating. Provided, however, that the com¬
missioner of motor vehicles shall, upon the application of
any person who or corporation which shall have complied
with the provisions of sub-division three of section sixteen
of this act, issue to the said person or corporation a sufSci-
ent number of special drivers' certificates, which shall
have endorsed thereon the registration number under the
laws of the adjoining state in which the business of the
said applicant shall be conducted of each of the automo¬
biles of said applicant included in and covered by any
license certificate issued pursuant to said subdivision
three of section sixteen of this act, and which, when duly
286
NEW JERSEY
countersigned by a special agent appointed for that pur¬
pose by the said commissioner of motor vehicles pursuant
to the provisions of section ten of this act, shall authorize
and permit the person to whom the same is issued to oper¬
ate any of the automobiles registered under the laws of
ouch adjoining state, the registration numbers of which
shall appear endorsed upon the said certificate, and no
others with in the state of New Jersey, for a period of not
to exceed twenty-four hours at any one time. Said driver
shall at all times when operating any of the said vehicles
within the state of New Jersey have in his possession the
said certificate, and shall, whenever requested so to do,
exhibit the same to any motor vehicle inspector or police
officer or constable within the said state of New Jersey;
no other certificate of registration shall be required of the
said driver and the preceding provisions of this section
shall not be applicable to him; Provided, however, it shall
be lawful for the commissioner of motor vehicles, at Tiis
discretion, to issue to any person a written permit, under
the hand and seal of said commissioner, allowing the said
person, for the purpose of fitting himself to become a mo¬
tor vehicle driver, to operate a motor vehicle for a speci¬
fied period of not more than three weeks, while in the com¬
pany and under the supervision of a licensed motor vehicle
driver; and such permit, under the hand and seal of the
commissioner of motor vehicles, shall be sufficient for the
said person to operate a motor vehicle in this state during
the period specified, while in the company of and under
the control of a licensed motor vehicle driver of this state;
and provided, further, that the said person, as well as such
licensed motor vehicle driver, shall be held accountable
for all violations of this act committed by the said person
while in the presence of such licensed motor vehicle driver.
Form of License—Must Be Exhibited
Sec. 18. Each license to drive an automobile shall specify
the maximum horse-power of the automobile allowed to
be driven thereunder, and shall have endorsed thereon in
the proper handwriting of the licensee the name of said
287
AUTOMOBILE LAW
licensee. And said licensee when thereupon requested bj
any motor vehicle inspector or magistrate, while in the
performance of the duties of his office under this act,
shall exhibit said license to said officer and write his
name in the presence of said officer, to the end that he may
thereby determine the identity of said licensee.
Intoxication Prohibited
Sec. 19. No intoxicated person shall drive a motor vehi¬
cle.
Consent of Owner Necessary
Sec. 20. No person shall drive a motor vehicle without
the consent of the owner.
PART V.
IDENTIFICATION MARKS OF MOTOR VEHICLES.
Display of Markers
Sec. 21. The owner of every automobile which shall he
driven on the public highways of this state shall display
on the front and rear of such vehicle, not less than fifteen
inches or more than thirty-six inches from the ground, an
identification mark to be furnished by the motor vehicle
department; provided, that the said motor vehicle depart¬
ment shall not be required to furnish such identification
mark to any motor vehicle already registered, prior to
June first; and such motor vehicle so registered shall he
permitted to display any identification mark lawful at the
time of the passage of this act prior to said June first
Said identification mark shall contain the number of the
registration certificate of said vehicle in characters not
less than four inches in height with a stroke of not less
than one-half an inch, and shall be of such design as shall
be prescribed by the commissioner of motor vehicles. On
the tag shall be. in smaller characters, the manufac¬
turer's number of the car, certified by the commissioner
288
NEW JERSEY
of motor vehicles. The identification marks of vehicles
shall be either of metal or leather, sufficiently enduring to
be plainly legible under all atmospheric conditions for at
least one year. Motor cycles shall also display such identi¬
fication marks on the front and side thereof as the Com¬
missioner of motor vehicles shall prescribe. All identifica¬
tion marks shall be kept clear and distinct and free from
grease, dust, or other blurring matter, so as to be plainly
visible at all times during daylight and at night.
PART VI.
USE OF ROADS AND HIGHWAYS.
Law of Road
Sec. 22. (1) Drivers of motor vehicles, whether of
burthen or of pleasure, using any of the turnpikes or
public roads in this state, when met by another motor
vehicle, or by a carriage, sleigh, or sled, shall keep to the
right, and when overtaken by another motor vehicle, car¬
riage, sleigh, or sled they shall likewise keep to the right,
so as in both cases to permit such motor vehicle, carriage,
sleigh or sled, either met or overtaken, to pass uninter¬
rupted.
Powers of Local Authorities
(2) No owner or purchaser or driver of a motor ve¬
hicle who shall have complied with the requirements and
provisions of this act shall be required to obtain any other
license or permit to use or operate the same, nor shall such
owner or purchaser or driver be excluded or prohibited
from or limited in the free use thereof, nor limited as to
speed upon any public street, avenue, road, turnpike,
driveway, parkway or other public place, at any time,
when the same is or may hereafter be opened to the use
of persons having or using other carriages, nor be re-
289
AUTOMOBILE LAW
quired to comply with other provisions or conditions as
to the use of said motor vehicle, except as in this act
provided; provided, however, that nothing in this section
contained shall be construed to apply to or inclnde any
speedway created and maintained in pursuance of an act
of the legislature of the state of New Jersey entitled "An
act to provide for the construction and maintenance of
speedways in the counties of this state," approved March
19, 1902; nor to any parks or parkways created and
maintained in accordance with an act of the legislature
of the state of New Jersey entitled "An act to establish
public parks in the counties of this state and to provide
for the acquirement, improvement and regulation of the
same," approved March 20, 1901. No city, town, town¬
ship, borough or other municipality shall have power to
make any ordinance, by-law or resolution limiting or re¬
stricting the use of speed of motor vehicles, and no ordi¬
nance, by-law, or resolution heretofore or hereafter made
by any city, town, township, borough or other municipal
or local authority by whatever name known or designated
in respect to or limiting the use of speed of motor vehicles
shall have any force, effect or validity.
Bacing Prohibited
(3) No person shall drive a motor vehicle upon any
public street, public highway, public road, public park¬
way, turnpike or public driveway in this state in a race
or on a bet or wager.
Daty in Case of Accident
(4) Every driver of a motor vehicle after knowingly
causing an accident by collision or otherwise knowingly
injuring any person, horse, or vehicle shall forthwith bring
his motor vehicle to a full stop, return to the scene of acci¬
dent and give to any proper person demapding the same
his name, the number of his driver's license, and the regis¬
tration number of the motor vehicle, and the names and
residences of each and every male occupant of said motor
vehicle.
290
NEW JERSEY
PART VII.
PROVISIONS CONCERNING SAFETY OF TRAFFIC.
General Speed Rates
Sec. 23. The following rates of speed may be maintained,
but shall not be exceeded, upon any public street, pub¬
lic road or turnpike, public park or parkway, or public
driveway, or public highway, in this state by anyone driv¬
ing a motor vehicle.
(1) A speed of one mile in seven minutes upon the
sharp curves of a street or highway or when turning a
corner, and a speed of one mile in four minutes at the
junction or intersection of a prominent cross road where
such a street, road or highway passes through the open
country; the term "open country" meaning where houses
are on an average more than one hundred feet apart.
(2) A speed of one mile in five minutes where such
street or highway passes through the built-up portion of
a city, town, township, borough or village where the
houses are on an average less than one hundred feet apart.
(3) A speed of one mile in four minutes within two
hundred feet of any horse or other beast of draught or
burden upon the same street or highway; provided, how¬
ever, that such speed, not exceeding twenty-five miles per
hour, shall be lawful in the open country as may be neces¬
sary in order to pass a vehicle traveling in the same
direction, but the speed shall be diminished forthwith if
necessary to comply with the provisions of this act.
(4) Elsewhere and except as otherwise provided in
subdivisions one, two and three of this section a speed of
twenty-five miles per hour; provided, however, that noth¬
ing in this section contained shall permit any person to
drive a motor vehicle at any speed greater than is reason¬
able, having regard to the traflic and use of highways,
or so as to endanger the life or limb or to injure the
property of any person; and it is further provided, that
291
AUTOMOBILE LAW
nothing in this section continued shall affect the right
of any person injured, either in his person or property,
by the negligent operation of a motor vehicle to sue and
recover damages as heretofore; and provided further, that
the foregoing provisions concerning the speed of motor
vehicles shall not apply to any speedway built and main¬
tained for the exclusive use of motor vehicles, if the said
speedway at no point crosses any public street, avenue,
road, turnpike, driveway or other public thoroughfare or
any railroad or railway at grade, the said speedway having
been constructed with the permission of the commissioners
or the board of freeholders, as the case may be, of the
county or counties in which said speedway shall be lo¬
cated; and provided further, that every person driving a
motor vehicle shall, at request or upon signal by putting
up the hand or otherwise from a person riding or driving
a horse or horses in the opposite direction, cause the motor
vehicle to stop and remain stationary so long as may be
necessary to allow said horse or horses to pass.
Fhysiciau Exceeding Speed Limit
Sec. 24. If a physician shall have his motor vehicle
stopped for exceeding the speed limit while he is in the
act of responding to an emergency call, the registration
number of the vehicle and the driver's license number may
be inspected and noted, and the physician shall then be
allowed to proceed in tbe vehicle to his destination, and
subsequently such proceedings may be taken as would
have been proper had the person violating the provisions
as to speed not been a physician.
Certain Vehicles Exempt from Speed Begulations
Sec. 25. Motor vehicles belonging to the military estab¬
lishment, while in use for official purposes in time of riot,
insurrection, or invasion, and motor vehicle inspectors ap¬
pointed under this act, are exempt from the provisions
of this act pertaining to speed.
292
NEW JERSEY
PART VIII.
PROCEEDINGS.
Jnrifldiction of Offenses—Process—Smnmary Hearing—Pro¬
ceedings Against Corporations
Sec. 26. (1) A complaint having been made in writing
and duly verified, that any person has violated any of the
provisions of this act, any magistrate of the county, or
recorder or police magistrate of any municipality, in which
the offense is committed may, within thirty days after
the commission of said offense, issue either a summons or
a warrant directed to any cov stable, police ofidcer, the
inspector of motor vehicles or the commissioner of motor
vehices of this state, for the appearance or arrest of the
person so charged; and the magistrate shall state what
section or provision of this act has been violated by the
defendant, and the time, place and nature of said violation,
and upon the return of said summons or warrant the said
magistrate shall proceed, in a summary way, to hear and
determine the guilt or innocence of such person, and upon
conviction, may impose upon the person so convicted
the penalty, by this act prescribed, together with the
costs of prosecution for such offense.
(2) Such magistrate, upon receiving complaint in wri¬
ting, duly verified, of the violation of any provision of this
act by any corporation, is hereby authorized and required
to issue a summons directed to any constable, police offi¬
cer, the inspector of motor vehicles, or the commissioner
of motor vehicles, of this state, requiring such corporation
to be and appear before said magistrate on a day therein
named, to answer to said complaint, which said summons
shall be served on the president, vice president, secretary,
superintendent or manager of such corporation, or the
agent upon whom other process against it may be served,
at least five days before the time of appearance men¬
tioned therein, and thereafter proceedings shall be the
same as against individuals, except where a different pro¬
cedure is provided by this act.
293
AUTOMOBILE LAW
Adjouriuaent of Trial—^Bail
Sec. 27. Any bearing to be held pursuant to this act
shall, on the request of the defendant, be adjourned for a
period not exceeding thirty days from the return day
named in any summons, or from the return of any -war¬
rant, or from the date of any arrest without warrant, as
the case may be, but in such case it shall be the duty of
the magistrate to detain the defendant in safe custody,
unless he shall make a cash deposit or enter into a bond
to the state of New Jersey, with at least one sufficient
surety (unless said defendant shall himself qualify and jus¬
tify, in real estate security situate in this state, in twice
the amount fixed by said magistrate for bond with a
surety), to or in an amount not exceeding five hundred
dollars, conditioned for his appearance on the day to
which the hearing may be adjourned, and thence from
day to day, until the case is disposed of; and such bond, if
forfeited, may be prosecuted by the commissioner of motor
vehicles in any court of competent jurisdiction; and such
cash deposit, if forfeited, shall be paid to said commis¬
sioner of motor vehicles by said magistrate with whom
the same shall have been deposited, to be by said eom-
sioner disposed of as are other moneys coming to his
hands under the provisions of section thirty-seven of this
act; provided, however, that in lieu of said bond or cash
deposit the person under arrest may leave with the magis¬
trate the motor vehicle owned or driven by the said per¬
son.
Bight of Appeal—Stay of Execution
Sec. 28. The defendant in any proceeding instituted under
this act may appeal from the judgment or sentence of
the magistrate to the court of common pleas of the
county in which such proceeding shall have taken place;
provided, the said defendant shall, within ten days after
the date of said judgment, deliver to the magistrate a
bond to the state of New Jersey, with at least one suffi¬
cient surety, or make a cash deposit with him of such
amount as the magistrate shall direct, not exceeding the
294
NEW JERSEY
amount of five hundred dollars (unless said defendant can
himself qualify and justify in real estate security in this
state in twice said amount), conditioned to stand to and
abide by such further order or judgment as may thereafter
be made against the said party; and provided further, that
if the said magistrate shall have imposed a sentence of
imprisonment, the defendant, if he does not duly appeal,
shall be imprisoned forthwith upon the imposing of said
sentence; but that an appeal, properly taken in accord¬
ance with the provisions of this act, shall be a stay of
and upon the enforcement of a sentence of imprisonment,
whether the execution of such sentence shall have been
entered upon or not, as well as of such other judgment
as may be pronounced; and provided further, that in lieu
of the appeal bond in this section specified, and of the
cash deposit therein provided for, the defendant may leave
with the magistrate the motor vehicle owned or operated
by the said defendant; and provided further, that if said
defendant shall, after the rendition of said judgment or
sentence, announce to said magistrate his intention to ap¬
peal therefrom, and either give the bond, make the de¬
posit or leave the motor vehicle as herein provided, he
shall have ten days from date of the rendition of said
judgment or sentence within which to complete his ap¬
peal, during which said ten days the execution of what¬
ever sentence or judgment shall have been rendered,
whether of imprisonment or fine, shall be stayed, and in
ease said defendant shall fail to complete his appeal within
said ten days, the like proceedings may be had as would
by the provisions of this act follow an appeal taken and a
judgment of affirmance thereupon.
Secord on Appeal
'See. 29. Whenever an appeal shall be taken as afore¬
said it shall be the duty of the magistrate to send all
papers and all moneys, if any be deposited according to the
provisions of this act, and all money paid for eosts of
prosecution, together with a transcript of the proceed¬
ings in the case to the next court of common pleas of the
295
AUTOMOBILE LAW
said county, which court shall, de novo, and in a summary
way, try and determine all such appeals, and in case the
judgment or sentence of the magistrate shall be reversed
on such appeal, the said common pleas court shall order
the return of all money deposited as aforesaid, and all
costs of prosecution paid by said defendant to said de¬
fendant.
Proceedings May Be Instituted on Sunday
Sec. 30. Proceedings under this act may be instituted on
any day in. the week, and the institution of such pro¬
ceedings on Sunday shall be no bar to the successful
prosecution of the same; and any process served on Sun¬
day shall be as valid as if served on any other day of the
week.
Pleadings—^When Bond for Cost Miay Be Demanded
Sec. 31. All proceedings for the violation of the provi¬
sions of this act shall be entitled and shall run in the
name of the state of New Jersey, with the commissioner
of motor vehicles or motor vehicle inspector, or a police
officer or constable, or such other person as shall by
complaint institute the proceedings as prosecutor; and
any magistrate may, at his discretion, refuse to issue a
warrant on the complaint of any person other than the
commissioner of motor vehicle or motor vehicle inspec¬
tor, until a sufficient bond to secure costs have been
executed and delivered to the said magistrate.
Arrest Without Warrant—^Detention
Sec. 32. (1) Any constable, or police officer, or motor
vehicle inspector or the commissioner of motor vehicles is
hereby authorized to arrest without warrant any person
violating in the presence of such constable, or police officer
or motor vehicle inspector or the commissioner of motor
vehicles any of the provisions of this act, and to bring
the defendant before any magistrate of the county where
such offense is committed. The person so offending shall
be detained in the office of the magistrate nntil the officer
296
NEW JERSEY
making such arrest shall make oath or affirmation, which
he shall do forthwith, declaring that the person under ar¬
rest has violated one or more of the provisions of this
act, and specifying the provision or provisions violated,
whereupon said magistrate shall issue a warrant returnable
forthwith, and the said magistrate shall proceed summarily
to hear or postpone the case as provided in sections twenty-
six and twenty-seven of this act.
Penalty for Failure to Exhibit License
(2) Any person arrested for a violation of any of the
provisions of this act shall, upon demanding of the magis¬
trate hearing the complaint against said person, produce
his license for inspection, and if said person shall fail to
produce his license, or to give a satisfactory excuse for
its non-production, he shall, in addition to any other pen¬
alties imposed by said magistrate, be subject to a fine of
not more than twenty-five dollars.
Validity of Warrant—Cash Deposit or Becognizance
Sec. 33. A summons or warrant issued by any magistrate
in accordance with the provisions of this act shall be valid
throughout the state, and any officer who has power to
serve the said summons, or to serve said warrant and
make arrests thereon in the county where the same shall
have been issued, shall have like power to serve said sum¬
mons and to serve said warrant and make arrest thereon
in any of the several counties of the state. If any person
shall be arrested for a violation committed in the county
other than that in which the arrest shall take place, the
person so arrested may demand to be taken before a mag¬
istrate of the county in which the arrest may have been
made for the purpose of making a cash deposit or of enter¬
ing into a recognizance with sufficient surety; whereupon
the officer serving the said warrant shall take the person
so apprehended before a magistrate of the county in which
the arrest shall have been made, who shall thereupon fix a
day for the matter to be heard before the magistrate issu¬
ing the said warrant, and shall take from the person ap-
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AUTOMOBILE LAW
prehended a cash deposit or recognizance to the state of
New Jersey with sufficient surety or sureties for the ap¬
pearance of the said person at the time and place desig¬
nated in accordance with the provisions of section twenty-
seven of this act; the cash deposit or recognizance so
taken shall be returned to the magistrate issuing toe war¬
rant, to be retained and disposed of by him as by this act
provided.
Fees—^Liability for Costa
Sec. 34. The fees provided in the following schedule and
no other charges whatsoever, shall be allowed the magis¬
trate and officers in proceedings under this act, and where
no fee is provided for any necessary service to be per¬
formed, the same shall be performed without any charge
therefor:
Justices
Complaint 10 cents
Summons or warrant when necessary to be
issued, but not in case of arrest without
warrant based on complaint 10 cents
Copies 5 cents each
Subpoena 10 cents
Administering oath to each witness 10 cents
Each adjournment 15 cents
Entry of judgment 20 cents
Recognizance or bond, drawing entry and
approval of 25 cents
Execution 25 cents
Making return to certiorari 50 cents
Granting appeal and necessary papers 50 cents
Hearing non-contested case 25 cents
Constable.
Service of summons or warrant (except in
case of arrest on view where no costs for
service) 30 cents
298
NEW JERSEY
Service of subpoena (except where subpoena
to party present at time of arrest, where
no cost) I 30 cents
Service of execution 75 cents
For every mile traveled in serving any
summons or warrant, after the first mile,
computed by counting the number of
miles in and out, by the most direct route
from the place where such process is re¬
turnable 3 cents
Witnesses.
For each witness, not exceeding three to
each party 25 cents
and which shall be paid by the defendant if the defendant
be found guilty of the charge laid against him, but if, on
appeal, said judgment be Reversed, said costs shall be re¬
paid to said defendant as hereinfore provided. If the
defendant be found not guilty of the charge or charges
laid against him, then the costs must be paid by the pros¬
ecutor, except that when in such instances the commis¬
sioners of motor vehicles or the inspector of motof vehi¬
cles shall have been the prosecutor, then the costs laid
upon the prosecutor shall be paid by the Commissioner of
Motor Vehicles from the moneys remaining in his hands
from the payment of registration fees, license fees, or
otherwise. In case of the reversal of any judgment on
appeal the costs of the magistrate and on appeal shall be
borne and paid by the unsuccessful party.
PART IX.
PUNISHMENTS AND PENALTIES.
Fines and Penalties
Sec. 35. Any person who shall be convicted of violating
the provisions of sections fifteen and twenty-one of this act
shall be subject to a fine not exceeding one hundred dollars;
299
AUTOMOBILE LAW
in default of the payment of such fine there shall be im¬
posed an imprisonment in the county jail for a period not
exceeding ten days; provided, that any offender, who shall
be convicted of a second offense of the same violation may
be fined in double the amount herein prescribed for the first
offense, and may in default of the payment thereof, be pun¬
ished by imprisonment in the county jail for a period not
exceeding twenty days; provided, further, that the pen¬
alties above prescribed shall not apply to the display of a
fictitious number.
Any person convicted of displaying a fictitious number
as prohibited by section fifteen, or of violating the provi¬
sions of section seventeen, nineteen or twenty of this
act, shall be subject to a fine not exceeding five hundred
dollars, or to imprisonment in the county jail for a period
not exceeding sixty days.
Any person who shall be convicted of a violation of
subdivision four of section twenty-two of this act, shall
be subject to a fine not exceeding two hundred and fifty
dollars, or to imprisonment in the county jail for a period
not exceeding thirty days.
Any person who shall be convicted of a violation of
section sixteen of this act shall be subject to a fine not
exceeding one hundred dollars.
Any person who shall be convicted of a violation of
subdivision three of section twenty-two, or of section
twenty-three of this act, shall for the first offense be sub¬
ject to a fine not exceeding one hundred dollars; in default
of the payment of such fine there shall be imposed an im¬
prisonment in the county jail for a period not exceeding
ten days; provided, that any offender who shall be con¬
victed of a second or any subsequent offense of the same
violation may be fined in double the amount herein pre¬
scribed for the first offense, or imprisoned in the county
jail for a period not exceeding twenty days, and in addi¬
tion to such penalties the license of said offender shall be
revoked; provided further, that nothing herein contained
shall prevent a revocation of license for the first offense,
or for the violation of any other provision of this act.
300
NEW JERSEY
Any person who shall be convicted of violating any of
the following named provisions of this act shall be sub¬
ject to the penalties herein specified:
Of sections three, four or eighteen, a fine not exceeding
ten dollars.
Of section six k fine not exceeding fifty dollars.
Of subdivision one of section twenty-two a fine not ex¬
ceeding twenty-five dollars.
Berocatioii of License—^Bight of Appeal—Transfer of Becord
Sec. 36. It shall be lawful for a magistrate before whom
any hearing under this act shall be had, to revoke the li¬
cense of any person to drive motor vehicles when such
person shall have been guilty of such wilful violation of
the provisions of this act as shall in the discretion of the
said magistrate justify such revocation, but an appeal
of the matter to the court of common pleas shall act as a
stay upon said revocation, and the court of common pleas
upon the appeal of the said matter shall have the power
to void the said revocation; and the commissioner of motor
vehicles shall at all times have the power to validate a li¬
cense that has been revoked, or to grant a new license to
any person whose license to drive motor vehicles shall have
been revoked.
It shall be lawful for the justice of the supreme court
holding the circuit in each of the counties of this state,
upon application made to him by a verified petition for
that purpose by any person against whom judgment or
sentence for the violation of any of the provisions of this
act shall have been rendered, who may desire to have the
legality of his conviction reviewed or the reasonableness
of the sentence or penalty imposed, to order the said com¬
plaint, process, proceedings, evidence and record of con¬
viction to be forthwith brought before him, that the legal¬
ity of such proceedings and sentence, or judgment, or the
reasonableness of the sentence or penalty may be sum¬
marily reviewed and determined; and if such proceedings
and sentence or judgment, shall thereupon be found to be
illegal, or the sentence or penalty be unreasonable, forth-
301
AUTOMOBILE LAW
with to set aside the same and to order the remission or
reduction of any fine and costs that may have been im¬
posed or the discharge of any offender from custody.
PART X.
MISCELLANEOUS.
Disposition of Moneys
Sec. 37. Moneys received in accordance with the provi¬
sions of this act, whether from fines, penalties, registration
fees, license fees, or otherwise, shall be accounted for and
forwarded to the commissioner of motor vehicles and by
him paid over to the treasurer of the state of New Jersey,
the commissioner of public roads, as a fund for the repair
of such improved roads throughout the state as said com¬
missioner shall designate, regard being had to the repair
of the most important improved roads, and the distribution
of the benefits of this act throughout the several counties
of this state, said fund to be available annually on and
after the first day of July in each year; provided, however,
that there shall first be deducted from the moneys as afore¬
said received the amount appropriated by the legislature
in any annual or supplemental bill for the maintenance of
said department of motor vehicles, which said sum so
deducted shall become a part of the general state fuad.
Sign-Boards
Sec. 38. The commissioner of public roads shall be author¬
ized and full power and authority are hereby given to him
to have erected at such points throughout the state as to
him shall seem necessary, cautionary warnings of danger¬
ous crossings, steep declivities, or other irregularities or
perils of the roadway, at a cost, however, not to exceed
in the aggregate one thousand dollars per annum.
302
NEW JERSEY
Machine Held as Bail—Redemption
Sec. 39. When any motor vehicle shall have been de¬
posited under this act in lieu of bond, the said motor
vehicle shall be held the property of the state of New
Jersey, subject to the same conditions as would govern
the bond under like circumstances, and may be redeemed
by the person depositing the same upon delivery of the
requisite bond or upon paying such fine and submitting
to such penalty as may be imposed; and unless the motor
vehicle so deposited in lieu of bond shall be redeemed
within ten days next following the date of the final deter¬
mination of the matter, it shall be lawful for the commis¬
sioner of motor vehicles to sell the same at public auction
and apply the net proceeds of said sale (the expenses of
the matter having been deducted), as set forth in section
thirty-seven hereof.
Effect of Partial Invalidity of Act
Sec. 40. In case for any reason any section or any pro¬
vision of this act shall be questioned in any court, and
shall be held to be unconstitutional or invalid, the same
shall not be held to affect any other section or provision
of this act.
When Effective
Sec. 41. This act shall take effect on July first, one
thousand'nine hundred and six; provided, however, that
the organization of the department of motor vehicle regis¬
tration and regulation shall be effected forthwith, and
the registration of motor vehicles and licensing of drivers
hereunder may be permitted for the convenience of owners
and drivers of motor vehicles at such date earlier than
the said July first, one thousand nine hundred and six,
as the commissioner of motor vehicles may designate.
JusticeB' Jurisdiction Limited
Sec. 42. Nothing in this act shall be construed to give
jurisdiction to justices of the peace in any city having a
police justice or recorder's court.
303
AUTOMOBILE LAW
[Aft of April, 1909. Supplemental to foregoing "Motor
Vehicle Law."]
Non-Besident — Special License — Application — Display —
Power of Attorney
Section 1. Any non-resident of this state who shall have
complied with the laws of the state or territory of the
United States in which he resides requiring the registra¬
tion of owners of motor vehicles and the display of identi¬
fication marks on such vehicles, desiring to operate such
motor vehicles within the state of New Tersey, may obtain
permission to do so for four periods of two days each in
one calendar year, or one period of eight days in any one
calendar year,upon application to the commissioner of mo¬
tor vehicles for such purpose, who is hereby authorized,
in his discretion, to issue a license to such non-resident as
hereinafter set forth. The applicant shall make application
to the commissioner of motor vehicles, or his duly
constituted agent, as hereinafter provided, which applica¬
tion shall state the name and residence of the owner of
such motor vehicle, the maker's name and number and
the horse power thereof, and the identification number
issued by the state in which said non-resident shall be
resident. Such application shall be accompanied by a
license fee of one dollar. The commissioner of motor
vehicles shall thereupon, at his discretion, issue to such
applicant a license, which shall be valid for any eight
days, or for four periods of two days each, during the
balance of the calendar year in which said license is issued.
Said license shall be so prepared that it will endure in
a legible condition under ordinary atmospheric or weather
conditions for at least eight days and also so that the
licensee may indicate plainly and conveniently each day
he desires to use such license. It shall also contain the
name of the state, the name and residence of the owner
of such motor vehicle, the maker's name and number, the
horse-power thereof, and the registered number of said
vehicle in said state. The said licensee, when running said
vehicle in this state, shall affix said license to the said
304
NEW JERSEY
vehicle in as close proximity as possible to the identifica¬
tion mark of the state or residence (above and at the
middle of such mark, unless conditions are such that it
cannot be done without injury to the vehicle); but in no
case so that it shall obscure any part of the said identifica¬
tion mark. The said license shall also plainly indicate,
in such a way as shall be prescribed by a rule of the
commissioner of motor vehicles, on the license, the day
or days he intends to run his vehicle in this state, and shall
also, on demand, allow any peace officer to examine said
license. Each applicant under this act shall file with the
secretary of state a duly executed instrument constituting
the secretary of state and his successors in oflSce the true
and lawful attorney upon whom all original process in
any action or legal proceeding caused by the operation of
such registered motor vehicle within this state against
such owner may be served, and shall agree further that
any original process against such owner shall be of the
same force and effect as if served upon such owner within
this state.
Subject to Oeneral Motor Vehicle Law
Sec. 2. The operation of such motor vehicle within this
state shall be subject to all the provisions of the act to
which this act is a supplement, and the various amendments
thereof and supplements thereto which are not in conflict
with the provisions of this act.
License Agencies—Only One License Annually
Sec. 3. The commissioner of motor vehicles is authorized
to establish such agencies in this or any other state or
territory, for which permits may be obtained, as he may
deem necessary. Only one such license shall be issued to
the owner of any motor vehicle in any one year, and such
license, together with the facts contained therein, shall be
recorded in the ofiSce of the commissioner of motor vehi¬
cles.
305
AUTOMOBILE LAW
[An Act entitled, "An Act for the Punishment of Crimes"
(Bevision of 1898), approved June 14, 1898, as
amended April, 1909.]
Certain Offenses Constitute Misdemeanors
Any person who shall drive a motor vehicle without the
positive consent of the owner thereof, any person who shall
drive a motor vehicle while in an intoxicated condition,
any person who shall drive a motor vehicle for any bet or
wager or for the purpose of breaking any speed record
theretofore made, any person who shall drive a motor
vehicle after his license so to drive has been revoked, any
person who shall wilfully fail to display proper registra¬
tion or identification marks (as required by the provisions
of an act entitled "An act defining motor vehicles and
providing for the registration of the same and the licensing
of the drivers thereof; fixing rules regulating the use and
speed of motor vehicles; fixing the amount of license and
registration fees; prescribing and regulating process and
the service thereof and proceedings for the violation of
the provisions of the act and penalties for said viola^
tions"), approved April sixteenth, one thousand nine hun¬
dred and eight, or any person who shall falsely display a
registration or identification mark, shall be guilty of a
misdemeanor.
[An Act entitled, "An Act Concerning Roads," approved
March 27, 1874, as amended April, 1909.]
All Vehicles Using Highways to Display Lights
Section 1. Every vehicle drawn by horse, horses or other
beasts shall carry, during the period from one hour after
sunset to one hour before sunrise, at least one lighted
lamp showing a light visible at least two hundred and
fifty feet. Said light shall be so displayed that it may
be seen, either in the direction toward which or from
which the vehicle is proceeding; and if any person shall
offend against this provision, such person shall forfeit
and pay the sum of one dollar for the use of the township,
306
NEW JERSEY
to be sued for and recovered by any person who shall sue
for the same.
This Act Not to Apply to Motor Vehicles
Sec. 2. This act shall not be construed to affect in any
way legislation regarding motor vehicle lights.
[An Act entitled, "An Act for the Permanent Improvement
of Public Roads in this State" (Revision of 1905), ap¬
proved March 27,1905, as amended April, 1909.]
As^stant Supervisors of Boads—^Appointment-EProcess—
Compensation
Sec. 1. In order to enable the commissioner of public
roads to execute the provisions of section thirty-seven pf
an act of the legislature of this state entitled "An act
defining motor vehicles and providing for the registration
of the same and the licensing of the drivers thereof; fixing
the amount of license and registration fees; prescribing
and regulating process and service thereof and proceedings
for the violation of the provisions of the act and penalties
for said violations," approved April twelfth, one thousand
nine hundred and six, said commissioner is hereby author¬
ized to appoint two persons to be known as "Assistant
Supervisors of Roads," who shall, under the instruction
and supervision of the commissioner of public roads, have
jurisdiction over all roads in respect to repairs to said
roads by the commissioner of public roads under the
provisions of this act. The said commissioner of public
roads may either pay over to the collector of the board
of chosen freeholders of a county or the proper fiscal officer
of any other municipality of the county, the amount of
money estimated to be necessary for the repair of any
road in such municipality, or said commissioner may in¬
vite, by advertisement, sealed proposals for the repair
of any such road and award a contract to the lowest aver¬
age responsible bidder, reserving to himself, however, the
right to reject any and all bids. The said commissioner
shall be allowed the sum of three thousand dollars per
307
AUTOMOBILE LAW
year for the employment of said assistant supervisors, and
the further sum of three thousand dollars per year, or so
much thereof as may be necessary for the expenses of said
commissioner of public roads in defraying the traveling
and other expenses of said supervisors, said sum to be paid
from such moneys as shall be appropriated to said com¬
missioner of public roads for the repair of improved roads
throughout this state. Said supervisors shall hold their
positions during the pleasure of the commissioner of public
roads.
308
New Mexico
There is no General Motor Vehicle Law
in this Territory.
309
New York
Motor Vehicle Law
[Approved May 3, 1904, as amended by Chapter 128, Laws
1906.]
Scope of Act
Section 1. Subdivision 1. The short title of this aet
shall be the "motor vehicle law." Except as otherwise
herein provided, it shall controlling, (1) upon the reg¬
istration and numbering ot motor vehicles and chauffenrs,
(2) on their use of the public highways, and (3) on the
penalties for violation of any of the provisions of this
act.
Definitions—Signboards
Subdivision 2. The words and phrases used in this act
shall, for the purposes of this act, unless the same be
contrary to or inconsistent with the context, be construed
as follows: (1) "motor vehicle" shall include.all vehicles
propelled by any power other than muscular power, ex¬
cepting such motor vehicles as run only upon rails or
tracks, provided that nothing herein contained shall, ex¬
cept as provided by subdivision four of section three of
this act, apply to motor cycles, motor bicycles, traction
engines or road rollers; (2) "public highways" shall
include any highway, county road, state road, public street,
avenue, alley, park, parkway, driveway or public place in
any city, village or town; (3) "closely built up" shall
mean, (a) the territory of a city, village or town con¬
tiguous to a public highway which is at that point built
up with structures devoted to business, (b) the territory
of a city, village or town contiguous to a public highway
310
NEW YORK
not devoted to business, where for not less than one
quarter of a mile the dwelling houses on such highway
average less than one hundred feet apart, and also (c)
the territory outside of a city or village contiguous to
a public highway within a distance of one-half mile from
any postoffice, provided that for a distance of at least
one-quarter of a mile within such limits the dwelling
houses on such highway average less than one hundred
feet apart, and provided further that the local authorities
having charge of such highway shall have placed con¬
spicuously thereon signs of sufficient size to be easily
readable by a person using the highway, bearing the words
"Slow down to ten miles," and also an arrow pointing
in the direction where the speed is to be reduced; (4)
"local authorities" shall include all officers of counties,
boroughs, cities, village or towns, as well as all boards,
committees and other public officials of such counties, bor¬
oughs, cities, villages or towns; (5) "chauffeur" shall
mean any person operating a motor vehicle as mechanic,
employe or for hire.
Application for Registration—Fees
Sec. 2. Subdivision 1. Every person hereafter acquiring
a motor vehicle shall, for every vehicle owned by him,
file in the office of the secretary of state a statement of his
name and address, with a brief description of the vehicle
to be registered, including the name of the maker, factory
number, style of vehicle and motor power, on a blank to
be prepared and furnished by such secretary for that pur¬
pose ; the filing fee shall be two dollars.
Registration and Record
Subdivision 2. The secretary of state shall thereupon file
such statement in his office, register such motor vehicle in
a book or index to be kept for that purpose, and assign it
a distinctive number.
Registration Seal—Display
Subdivision 3. The secretary of state shall forthwith on
311
AUTOMOBILE LAW
such registration, and without other fee, issue and deliver
to the owner of such motor vehicle a seal of aluminum or
other suitable metal, which shall be circular in form, ap¬
proximately two inches in diameter, and have stamped
thereon the words "Registered motor vehicle. No. ,
New York motor vehicle law," with the registration num¬
ber inserted therein; which seal shall thereafter at all
times be conspicuously displayed on the motor vehicle, to
which such number has been assigned.
Transfer of Registration—Effect of Sale
Subdivision 4. If the vehicle has been previously regis¬
tered, the certificate issued thereon shall be returned to the
secretary of state, and in lieu thereof such secretary shall
issue to said owner a registration seal containing the num¬
ber of such previous registration, upon payment of a fee of
one dollar. Upon the sale of a motor vehicle, the vendor,
except a manufacturer or dealer, shall, within ten days,
return to the secretary of state the registration seal affixed
to such vehicle.
Display of Markers
Subdivision 5. Every motor vehicle shall also at all times
have the number assigned to it by the secretary of state
displayed on the back of such vehicle in such manner as
to be plainly visible, the numbers to be in Arabic numerals,
black on white ground, each not less than three inches in
height, and each stroke to be of a width not less than
half an inch, and also as a part of such number the initial
letters of the state in black on white ground, such letters
to be not less than one inch in height.
Registration by Manufacturer or Dealer
Subdivision 6. A manufacturer of or dealer in motor ve¬
hicles shall register one vehicle of each style or type man¬
ufactured or dealt in by him, and be entitled to as many
duplicate registration seals lor each type or style so manu¬
factured or dealt in as he may desire on payment of an ad¬
ditional fee of fifty cents for each duplicate seal. If a
312
NEW YORK
registration seal and the corresponding number shall there¬
after be affixed to and displayed on every vehicle of such
type or style as in this section provided, while such vehi¬
cle is being operated on the public highways, it shall be
deemed a sufficient compliance with subdivisions one, three,
five and eight of this section, until such vehicle shall be
sold or let for hire. Nothing in this subdivision shall be
construed to apply to a motor vehicle employed by a man¬
ufacturer or dealer for private use or for hire.
Fictitious Seal or Number Prohibited
Subdivision 7. No motor vehicle shall be used or operated
upon the public highways after thirty days after this act
takes effect which shall display thereon a registration seal
or number belonging to any other vehicle, or a. fictitious
registration seal or number.
Unregistered Vehicle Excluded from Highways—Exception
Subdivision 8. No motor vehicle shall be used or operated
upon the public highways after thirty days after this act
takes effect, unless the owner shall have complied in all
respects with this section, except that any person purchas¬
ing a motor vehicle from a manufacturer, dealer or other
person after this act goes into effect shall be allowed to
operate such motor vehicle upon the public highways for a
period of five days after the purchase and delivery thereof,
provided that during such period such motor vehicle shall
bear the registration number and seal of the previous
owner under which it was operated or might have been
operated by him.
Non-Besidents
Subdivision 9. The provisions of this section shall not ap¬
ply to motor vehicles owned by non-residents of this state,
provided the owners thereof have complied with any law
requiring the registration of owners of motor vehicles in
force in the state, territory or federal district of their resi¬
dence, and the registration number showing the initial of
313
AUTOMOBILE LAW
such state, territory or federal district shall be displayed
on such vehicle substantially as in this section provided.
General Speed Bates
Sec. 3. Subdivision 1. No person shall operate a motor
vehicle on a public highway at a rate of speed greater
than is reasonable and proper, having regard to the traffic
and use of the highway, or so as to endanger the life or
limb of any person, or the safety of any property; or in
any event on any public highway where the territory con¬
tiguous thereto is closely built up, at a greater rate than
one mHe in six minutes, or elsewhere in a city or village at
a greater rate than one mile in four minutes, or elsewhere
outside of a city or village at a greater rate than one mile
in three minutes; subject, however, to the other provisions
of this act.
Special Speed Bates
Subdivision 2. Upon approaching a bridge, dam, sharp
curve, or steep descent, and also in traveling such bridge,
dam, curve or descent, a person operating a motor vehicle
shall have it under control and operate it at a rate of
speed not exceeding one mile in fifteen minutes, and upon
approaching a crossing of intersecting highways at a speed
not greater than is reasonable and proper, having regard
to the traffic then on such highway and the safety of the
public.
Approaching Animals
Subdivision 3. Upon approaching a person walking in the
roadway of a public highway, or a horse or horses or other
draft animals, being ridden, led or driven thereon, a person
operating a motor vehicle shall give reasonable warning of
its approach, and use every reasonable precaution to insure
the safety of such person or animal, and, in the case of
horses or other draft animals, to prevent frightening the
same.
314
NEW YORK
Signal of Distress
Subdivision 4. A person operating a motor vehicle or
motor bicycle shall, at request or on signal by putting up
the hand, from a person riding, leading or driving a restive
horse or horses or other draft animals, bring such motor
vehicle, cycle or bicycle immediately to a stop, and, if
traveling in the opposite direction, remain stationary so
long as may be reasonLble to allow such horse or animal
to pass, and if traveling in the same direction, use reason¬
able caution in thereafter passing such horse or animal;
provided that, in case such horse or animal appears badly
frightened or the person operating such motor vehicle is
requested so to do, such person shall cause the motor of
such vehicle, cycle or bicycle to cease running so long as
shall be reasonably necessary to prevent accident and in¬
sure the safety of others.
Duty in Case of Accident
Subdivision 5. In case of accident to a person or property
on the public highways, due to the operation thereon of a
motor vehicle, the person operating such vehicle shall stop,
and, upon request of a person injured, or any person pres¬
ent, give such person his name and address, and if not the
owner, the name and address of such owner.
Bacing and Speed Tests
Subdivision 6. Local authorities may, notwithstanding the
other provisions of this section, set aside for a given time
a specified public highway for speed tests or races, to be
conducted under proper restrictions for the safety of the
public.
Law of the Bead
Sec. 4. Subdivision 1. Whenever a person operating a
motor vehicle shall meet on a public highway any other
person riding or driving a horse or horses or other draft
animals, or any other vehicle, the person so operating such
motor vehicle shall seasonably turn the same to the right
nf the center of such highway so as to pass without inter-
315
AUTOMOBILE LAW
fercnce. Any such person so operating a motor vehicle
shall, on overtaking any such horse, draft animal or other
vehicle, pass on the left side thereof and the rider or
driver of such horse, draft animal or other vehicle shall, as
soon as practicable, turn to the right so as to allow free
passage on the left. Any such person so operating a
motor vehicle shall at the intersection of public highways
keep to the right of the intersection of the centers of such
highways when turning to the right and pass to the right
of such intersection when turning to the left. Nothing in
this subdivision shall, however, be construed as limiting
the meaning or effect of the provisions of section three of
this act.
Brakes—Bells—^Homs—Lamps
Subdivision 2. Every motor vehicle while in use on a pub¬
lic highway shall be provided with good and efficient
brakes, and also with a suitable bell, horn or other signal
and be so constructed as to exhibit, during the period
from one hour after sunset to one hour before sunrise, two
lamps showing white lights visible within a reasonable dis¬
tance in the direction toward which such vehicle is pro¬
ceeding, showing the registered number of the vehicle in
separate Arabic numerals, not less than one inch in height
and each stroke to be not less than one-quarter of an inch
in width, and also a red light visible in the reverse direc¬
tion.
Powers of Local Authorities
Subdivision 3. Subject to the provisions of this act, local
authorities shall have no power to pass, enforce or main¬
tain any ordinance, rule or regulation requiring of any
owner or operator of a motor vehicle any license or permit
to use the public highways, or excluding or prohibiting
any motor vehicle whose owner has complied with section
two of this act from the free use of such highways, except
such driveway, speedway or road as has been or may be
expressly set apart by law for the exclusive use of horses
and light carriages, or except as herein provided, in any
316
NEW YORK
way affecting, the registration or numbering of motor ve¬
hicles or prescribing a slower rate of speed than herein
specified at which such vehicles may be operated, or the
use of the public highways, contrary to or inconsistent with
the provisions of this act; and' all such ordinances, rules
or regulations now in force are hereby declared to be of no
validity or effect; provided, however, that the local authori¬
ties of cities and incorporated villages may limit by ordi¬
nance, rule or regulation hereafter adopted the speed of
motor vehicles on the public highways, on condition that
such ordinance, rule or regulation shall also fix the same
speed limitation for all other vehicles, such speed limita¬
tion not to be in any case less than one mile in six min¬
utes in incorporated villages, and on further condition that
such city or village shall also have placed conspicuously on
each main public highway where the city or village line
crosses the same and on every main highway where the
rate of speed changes, signs of suflScient size to be easily
readable by a person using the highway, bearing the words
"Slow down to miles" (the rate being inserted) and
also an arrow pointing in the direction where the speed is
to be reduced or changed, and also on further condition
that such ordinance, rule or regulation shall fix the penal-
tiec for violation thereof similar to and no greater than
those fixed by such local authorities for violations of speed
limitation by any other vehicles than motor vehicles, which
penalties shall during the existence of the ordinance, rule
or regulation supersede those specified in section six of this
act, and provided further, that nothing in this act con¬
tained shall be construed as limiting the power of local
authorities to make, enforce and maintain, further ordi¬
nances, rules or regulations, affecting motor vehicles which
are offered to the public for hire.
Same—Parks, Parkways and Cemeteries
Subdivision 4. Local authorities may, notwithstanding the
provisions of this act, make, enforce and maintain such
reasonable ordinances, rules or regulations concerning the
speed at which motor vehicles may be operated in any
317
AUTOMOBILE LAW
parks or parkways within a city, but, in that event, must,
by signs at each entrance of such park and along snch
parkway, conspicuously indicate the rate of speed per¬
mitted or required, and may exclude motor vehicles from
any cemetery or grounds used for the burial of the dead.
Bight to Damages
Subdivision 5. Nothing in this act shall be construed to
curtail or abridge the right of any person to prosecute a
civil action for damages by reason of injuries to person
or property resulting from the negligent use of the high¬
ways by a motor vehicle or its owner or his employee or
agent.
Chauffeur's Iiicense, Application for—Fees
Sec. 5. Subdivision 1. Every person hereafter desiring to
operate a motor vehicle as a chauffeur shall file in the
office of the secretary of state, on a blank to be supplied
by such secretary, a statement which shall include his
name and address and the trade name and motive power
of- the motor vehicle or vehicles he is able to operate; and
shall pay a registration fee of two dollars.
Same—Becord
Subdivision 2. The secretary of state shall thereupon file
such statement in his office, register such chauffeur in a
book or index to be kept for that purpose, and assign him
a number.
Chauffeur's Badge—Display
Subdivision 3. The secretary of state shall forthwith,
upon such registration and without other fee, issue and
deliver to such chauffeur a badge of aluminum or other
suitable metal, which shall be oval in form, and the greater
diameter of which shall not be more than two inches, and
such badge shall have stamped thereon the words; "Regis¬
tered chauffeur. No. , New York motor vehicle law,"
with the registration number inserted therein; which badge
shall thereafter be worn by such chauffeur pinned upon his
318
NEW YORK
clothing in a conspicuous place at all times while he is
operating a motor vehicle upon the public highways. If the
operator or chauffeur has previously been registered in the
office of the secretary of state, the certificate heretofore
issued to him, shall be returned to such secretary, who
shall issue to said operator or chauffeur, in lieu thereof,
a chauffeur's badge upon the payment of a fee of one
dollar.
Fictitious Badge Prohibited
Subdivision 4. No chauffeur, having registered as herein¬
above provided, shall voluntarily permit any other person
to wear his badge, nor shall any person while operating a
motor vehicle wear any badge belonging to another person,
or a fictitious badge.
Unregistered Chauffeur Excluded from Highways
Subdivision 5. No person shall operate a motor vehicle
as a chauffeur upon the public highways after thirty days
after this takes effect, unless such person shall have com¬
plied in all respects with the requirements of this section.
Fines and Penalties for Excessive Speed
Sec. 6. Subdivision 1. The violation of any of the pro¬
visions of subdivision five of section two, or of subdivision
seven of section two, or of section three, or of section five
of this act, or of any ordinance, rule or regulation adopted
by local authorities in pursuance of subdivision four of
section four of this act, shall be deemed a misdemeanor,
punishable by a fine not exceeding one hundred dollars for
the first offense, and punishable by a fine of not less than
fifty dollars nor more than one hundred dollars, or impris¬
onment not exceeding thirty days, or both, for a second
offense, and punishable by a fine of not less than one hun¬
dred dollars nor more than two hundred and fifty dollars
and imprisonment not exceeding thirty days for a third or
subsequent offense.
319
AUTOMOBILE LAW
Penalties for Otber Violations
Subivision 2. The violation of any other provision of this
act shall be punished by a fine not exceeding twenty-five
dollars for the first offense, a fine not less than twenty-five
dollars nor more than fifty dollars for a second offense, and
a fine not less than fifty dollars nor more than one hun¬
dred dollars, or imprisonment not exceeding ten days, or
both, for a third or subsequent offense.
Jurisdiction of Offenses—^Release from Custody—Bail, etc.
Subdivision 3. In case the owner of a motor vehicle shall
be taken into custody because of a violation of any pro¬
vision of this act, he shall be forthwith taken before an
accessible captain or a sergeant or acting sergeant of po¬
lice in any city or village, or any justice of the peace or
magistrate, and be entitled to an immediate hearing; and
if such hearing cannot then be had be released from cus¬
tody on giving a bond or undertaking executed by a fidelity
or surety company organized under the laws of this state
and having a deposit of at least two hundred thousand
dollars with the superintendent of insurance of this state,
said bond or undertaking to be in an amount not exceed¬
ing the maximum fine for the offense with which the owner
is charged and to be conditioned for the owner's appear¬
ance in answer for such violation at such time and place as
shall then be indicated; or on giving his personal under¬
taking to appear in answer for such violation, at such time
and place as shall then be indicated, secured by the deposit
of a sum equal to the maximum fine for the offense with
which he is charged, or in lieu thereof, by leaving the
motor vehicle, being operated by such person with such
officer; or in case such officer is not accessible, be forth¬
with released from custody on giving his name and address
to the officer making such arrest, and depositing with such
officer a sum equal to the maximum fine for the offense
for which such arrest is made, or in lieu thereof, by leaving
the motor vehicle, being operated by such person, with
such officer, provided, that in such case the officer making
such arrest shall give a receipt in writing for such sum
320
NEW YORK
or vehicle and notify such person to appear before the
most accessible magistrate, naming him, on that or the
following day, specifying the place and hour. In case
security shall be deposited, as in this subdivision provided,
it shall be returned to the person depositing, forthwith on
such person giving a bond or undertaking of a fidelity or
surety company, as in this section provided, or on such
person being admitted to bail as provided in section five
hundred and fifty-four of the code of criminal procedure,
and the return of any receipt or other voucher given at
the time of such deposit. In case such undertaking of a
fidelity or surety company be not given, or such personal
undertaking with security or such deposits shall not be
made by an owner so taken into custody, the provisions of
section five hundred and fifty-four of the code of criminal
procedure shall apply.
321
North Carolina
Motor Vehicle Law
[Approved March 6, 1909.]
Definitions
Section 1. The term and words "motor vehicles," used in
this act, shall be construed to mean all vehicles propelled
by power, other than muscular power, except traction en¬
gines and such motor vehicles as run only upon rails or
tracks. The term and words "highway" or "public high¬
way" shall be construed to mean any public highway,
township, county or state road, or any country road, any
public street, alley, park, parkway, driving or public place
in any city, village or town. The term and words "busi¬
ness portion of any city or village" shall be construed to
mean the territory of a city or incorporated village con¬
tiguous to a public highway which is at that point either
wholly or partially built up with structures- devoted to
business.
Application for Registration—Record—Certificate—Seal—^Dis¬
play of Markers—Term—^Renewals—^Transfer—Fees
Sec. 2. Every person now owning or hereafter acquiring
a motor vehicle shall, for every vehicle owned by him,
file in the ofSce of the Secretary of State a statement con¬
taining the name and address, with a brief description of
the vehicle so owned by him to be registered, including the
name of the maker, factory number, style of vehicle and
motor power, on a blank to be prepared and furnishd by
said Secretary of State for that purpose. Upon the filing
of said statement, as aforesaid, said Secretary of State
shall register such motor vehicle in a book or index to be
322
NORTH CAROLINA
kept for that purpose and assign it a distinctive number,
and shall forthwith issue and deliver to the owner of such
motor vehicle a certificate of registration, together with a
seal, of aluminum or other suitable metal, which said seal
shall be circular in form, approximately two inches in
diameter, and shall have stamped thereon the words "Reg¬
istered Motor Vehicle No. , North Carolina," with the
registration number and any other data deemed necessary
by the Secretary of State inserted therein, which said seal
shall thereafter at all times be conspicuously displayed on
the motor vehicle to which such number has been assigned.
The said certificate of registration shall contain the same
words and number as the seal, and shall further contain
the name of the owner of the vehicle so registered as
aforesaid, his address, the name of maker of the said vehi¬
cle, factory number, style and motor power, and the date
of registration, which date of registration shall be the day
on which the application is received at the office of the Sec¬
retary of State. Such certificate of registration shall re¬
main in force for one year from and after the first day of
July of each year. Applications for renewal of any cer¬
tificate of registration shall be made to the Secretary of
State any time within thirty days previous to the date of
the expiration of such certificate, and if no application
for a renewal is received during the time above mentioned
the Secretary of State shall cancel such certificate and
reissue the number. For the registration and issuing of a
certificate and seal a fee of five dollars shall be paid to
the Secretary of State, and a fee of one dollar for each
renewal of the same; provided, no registration of motor¬
cycles shall be required; Provided, further, that of the
fee of five dollars paid to the Secretary of State three
dollars shall be paid by the treasurer of the state to the
treasurer of the county in which the owner of said automo¬
bile resides, to be used for the public road in said county.
Cancellation—Beissue—Fees
Sec. 3. Upon the sale of a registered motor vehicle, regis¬
tered in acordance with the above section, the vendor
323
AUTOMOBILE LAW
shall return to the Secretary of State within ten days
from the date of such sale his said certificate and seal,
and such certificate shall be canceled and the number re¬
issued by the Secretary of State; provided, that the ven¬
dor may, upon application at the time of returning such
certificate and seal, have a new certificate issued to him,
containing the original registration number for a motor
vehicle described in such application and owned by him
and which is not licensed under the law. A fee of one dol¬
lar shall be paid to the Secretary of State for the issue of
such new certificate, which shall remain in force until the
first day of July following the date of issue.
Display of Numbers—Lamps
Sec. 4. In addition to the conspicuous display of the seal,
as provided in section two of this act, it shall be the duty
of the owner of each and every motor vehicle at all times
to have displayed upon the front and rear of the body of
such vehicle, in such manner as to be plainly visible, the
number assigned to it by the Secretary of State, said
number to be in Arabic numerals, black on white ground,
or white on black ground, and not less than three inches
in height, and each stroke to be of a width not less than
one-half inch, and also as a part of said number the name
of the state, in full or abbreviated, and of the same color
and on the same ground as the numerals, the letters of the
name to be not less than one inch in height. There shall
also be displayed upon every motor vehicle in use upon
any public highway during the period from one hour after
sunset to one hour before sunrise two lamps in the front of
said motor vehicle, showing a while light, visible within a
reasonable distance' in the direction which such vehicle is
proceeding, and also a red light in the rear of said motor
vehicle and visible for a reasonable distance in the re¬
verse direction; provided, that it shall be unlawful to
display more than one registration number upon the rear
of such motor vehicle or a number which does not entitle
the holder thereof to operate such motor vehicle upon the
public highway of the state.
324
NORTH CAROLINA
Vehicles Without Markers or With Fictitious Niunbers Pro¬
hibited
Sec. 5. No motor vehicle shall be used or operated upon
the public highway after July first, one thousand nine hun¬
dred and nine, which shall not display thereon a registra¬
tion seal, and on the rear of said motor vehicle a number
as provided in section four of this act, or which shall dis¬
play thereon a fictitious seal or number or a seal or num¬
ber belonging to any other vehicle.
Non-Besidents
Sec. 6. Non-resident owners or operator® of motor vehicles
shall be subject to the same requirements and laws as
resident owners or operators; provided, that the non-resi¬
dent owner of a motor vehicle passing through the State
of North Carolina shall not be required to register his
vehicle as provided in this act.
Unregistered Vehicles Excluded from Highways—Intoxica¬
tion—^Racing
Sec. 7. No person shall operate a motor vehicle upon the
public highway after July first, one thousand nine hun¬
dred and nine, unless such person shall have complied in all
respects with the requirements of this act. In no case
shall a person operate a motor vehicle in this state when
intoxicated, or in a race, or on a bet or wager, or for the
purpose of making a record; provided, nothing herein
contained shall prevent racing on private race courses or
tracks.
Disposition of Fees—Blanks—Clerks
Sec. 8. All fees paid to the Secretary of State as pro¬
vided in this act shall be paid into the state treasury
monthly. The Secretary of State shall provide all blanks,
books and seals necessary to the furthering of this act,
securing the same, as far as may be, from the state printer,
and all other necessary expenses incurred by him; and nec¬
essary extra clerical assistance, not exceeding three hun-
325
AUTOMOBILE LAW
dred dollars per annum, shall be paid bj a warrant of the
auditor upon the treasurer.
General Speed Bates
See 9. No person, shall operate a motor vehicle npon a
public highway at a rate of speed greater than is reason¬
able and proper, having regard to the trafSc and use of
the highway, or so as to endanger the life or limb of any
person or the safety of any property, and shall not, in any
event, while upon any highway, run at a higher rate of
speed than twenty-five miles an hour, and within the cor¬
porate limits of all cities and villages the rate of speed
shall not be greater than eight miles an hour in the busi¬
ness portion of any such city or village and not greater
than twelve miles an hour in all other portions thereof,
subject, however, to the other provisions of this act and
to local regulations.
Special Speed Bates
Sec. 10. Upon approaching an intersecting highway, a
bridge, dam, sharp curve or steep descent, and also in
traversing such intersecting highway, bridge, dam, curve
or descent, a person operating a motor vehicle shall have
it under control and operate at such speed not to exceed
five miles an hour, having regard to the trafSc then on
such highway and the safety of the public.
Approaching Animals
Sec. 11. Upon approaching a horse or horses or other
draft animals, being ridden, led or driven thereon, a person
operating a motor vehicle shall slow down to a speed not
exceeding eight miles an hour and give reasonable warn¬
ing of its approach and use every reasonable precaution to
insure the safety of such person or animal, and in case of
a horse or horses or other draft animals, to prevent fright¬
ening the same.
Signal of Distress—Bendering Assistance
Sec. 12. Any person operating a motor vehicle shall, at
326
NORTH CAROLINA
request or on signal from a person riding, leading or driv¬
ing a horse or horses or other draft animals, guide such
motor vehicle to the right of the wrought or traveled por¬
tion of the highway and immediately bring such motor
vehicle to a stop, and, if requested, shall cause the motor
of such vehicle to cease running and to remain stationary
and noiseless so long as shall be necessary to prevent
accident and insure the safety of others; and it shall also
be the duty of any male chauffeur or driver of any motor
vehicle, and other male occupants thereof over the age of
fifteen years, while passing any horse or horses or other
draft animals which appear frightened, or upon the re¬
quest of the person in charge of and driving such horse or
horses or other draft animals, to give such personal assist¬
ance as would be reasonable to insure the safety of all
persons concerned and to prevent accident.
Law of Road—Traveling in Opposite Directions
See. 13. Whenever a person operating a motor vehicle
shall meet on a highway any other person riding or driv¬
ing a horse or horses or other draft animals or any other
vehicle, and there being no occasion to stop, as above
provided, the person operating such motor vehicle shall
reasonably turn the same to the right of the center of the
traveled portion of the highway, while the person approach¬
ing shall likewise turn from the center of the traveled
portion of the highway so as to pass the motor vehicle on
the opposite side of the center of the highway to which
the motor vehicle has been turned; and any person so oper¬
ating any motor vehicle shall, at the intersection of a pub¬
lic highway, keep to the right of the intersection of the
centers of such highways when turning to the right and
pass to the right of such intersection when turning to the
left.
Same—Traveling in Same Direction—^Rendering Assistance
Sec. 14. If a vehicle drawn by a horse or horses or other
draft animals or a motor vehicle be overtaken by any
motor vehicle, and the person in charge of such motor
327
AUTOMOBILE LAW
vehicle expresses a desire to pass, it shall be the duty of
the driver of any such vehicle or motor vehicle so over¬
taken as aforesaid to turn either to the right or to the
left of the center of the wrought or traveled portion of
the highway and give the person so making the request
an opportunity to pass; but, in passing, the person in
charge of such motor vehicle and the other male occupants
thereof over the age of fifteen years shall give such as¬
sistance as they are able to the occupant or occupants of
the vehicle they are passing, if assistance is asked, and in
thus passing, the chauffeurs, drivers or operators shall use
all due care to avoid accidents.
Duty in Case of Accident
Sec. 15. In case of accident to person or property upon
any public highway, due to the operation thereon of any
motor vehicle, the person operating such motor vehicle
shall stop and give such assistance as can be given, and
shall, upon request of the person injured or any other
person, give such person his name and address and, if not
the owner, the name and address of the owner of such
motor vehicle, together with the registered number thereof.
Powers of Local Authorities—Signs
Sec. 16. Local authorities may, notwithstanding the pro¬
visions of this act, make, enforce and maintain such rea¬
sonable ordinances, rules or regulations concerning the
speed at which motor vehicles may be operated in any
park or parkway within a city or incorporated village, but
in no case to pemit a greater speed than is provided in
this act, and as a condition thereto such local authorities
must, by signs at each entrance of such park and along
said parkway, conspicuously indicate the rate of speed
permitted or required, and may exclude vehicles from any
cemetery or grounds used for the burial of the dead.
Bight to Damages
Sec. 17. Nothing in this act shall be construed to curtail
or abridge the right of any person to prosecute a civil
328
NORTH CAROLINA
action for damages by reason of injuries to person or
property resulting from the negligence of the owner or
operator or his agent, employe or servant of any such
motor vehicle, or resulting from the negligent use of the
highway by them or any of them.
Fines and Penalties
Sec. 18. Any person violating any of the provisions of
this act shall be guilty of a misdemeanor, and anyone who
shall be convicted thereof or who shall plead guilty to any
complaint for the violation thereof shall be punished by a
fine not exceeding fifty dollars and costs of prosecution or
by imprisonment not exceeding twenty days, or both; for
the second offense or any subsequent offense he shall be
punished by a fine not exceeding fifty dollars and costs
of prosecution or by imprisonment for not exceeding thirty
days, or both, and upon conviction for the third offense
the certificate of such owner shall be canceled for the
space of six months.
Jurisdiction of Offenses
Sec. 19. All police justices of any city or justices of the
peace of any township where any such violation shall
occur shall have jurisdiction to hear, try and pass sen¬
tence for any and all violations of any of the provisions
of this act.
Arrest—Trial—Bail
Sec. 20. Any police officer of any city, any marshal, dep¬
uty marshal or watchman of any incorporated village or
any sheriff or deputy sheriff of any county or any con¬
stable of any township shall have full power and authority
within the limits of their jurisdiction to arrest any person
known personally to any such officer or upon the sworn
information of a creditable witness to have violated any
of the provisions of this act, and to immediately bring
such offender before any justice of the peace or officer
having jurisdiction, and any such person so arrested shall
have the right of an immediate trial and all other rights
329
AUTOMOBILE LAW
given to any person arrested for having committed a mis¬
demeanor, and, if such hearing cannot then be had, be
released from custody on giving his personal undertaking
to appear in answer for such violation at such time and
place as shall then be indicated, secured by the deposit of
a sum equal to double the maximum fine for the offense
with which he is charged, or in lieu thereof by leaving the
motor vehicle being operated by such person with such
officer, or, in case such officer is not accessible, be forth¬
with released from custody on giving his name and ad¬
dress to the officer making such arrest and depositing with
such officer a sum equal to double the maximum fine for the
offense for which such arrest is made, or, in lien thereof,
by leaving the motor vehicle being operated by such per¬
son with such officer; provided, that in such case the officer
making such arrest shall give a receipt in writing for such
sum or vehicle and notify such person to appear before
the most accessible justice of the peace or other officer
having jurisdiction (naming him) on that or the following
day, specifying the place and hour. In case security shall
be deposited, as in this subdivision provided, it shall be
returned to the person depositing forthwith, on such per¬
son being admitted to bail.
Lists of Begistrations—Fees
Sec. 21. The Secretary of State shall cause to be printed
each and every year a list of all motor vehicles registered
under the provisions of this act, and shall mail a copy of
said list to the sheriff of every county and mayor of ev¬
ery town and city requesting a copy; provided, further,
that a copy of said list shall be furnished upon applica¬
tion to any person requesting same upon the payment of
one dollar. Said list shall contain the names of all per¬
sons registering vehicles, their place of residence, the make
of vehicle and the registered number of the same.
New Hanover County Excepted
Sec. 23. That this act shall be in force from and after its
ratification, but shall sot apply to New Hanover County.
330
NORTH CAROLINA
SPECIAL LAW RELATING TO NEW HANOVER
COUNTY
[Approved March 8, 1909.]
Law of Bead—Bates of Speed—Signal of Distress—^Lights,
Bells, Brakes—Penalties
Section 1. All persons riding on bicycles, tricycles, tandem
bicycles, locomobiles, automobiles or other motor vehicles
shall, on meeting carriages or other vehicles, keep to the
right, so as to leave two-thirds of the road free; and all
persons riding on bicycles, tricycles, tandem bicycles, loco¬
mobiles, automobiles or other motor vehicles, shall on ap¬
proaching carriages or other vehicles from the rear, give
warning of their approach by a signal of horn or bell,
and in passing said vehicle shall go to the left of said
carriage or vehicle; provided, however, that any person
operating a locomobile, automobile, motor cycle or other
automobile on any public road or highway or in any pub¬
lic place in the County of New Hanover shall not operate
the same at a rate of speed greater than is reasonable and
proper, having due regard to the use in common of such
highway or public place, or so as to endanger the life or
limb of any person; provided that at a sharp curve in any
public road or highway, or at a crossing of the same, the
rate of speed shall not exceed six miles an hour; and that
on meeting or passing carriages or other vehicles on the
public roads the rate of speed shall not exceed twelve
miles an hour; and provided further that any person oper¬
ating a locomobile, automobile, motor cycle or other motor
vehicle, on any such public road or highway or public
place in said county shall, at request or on signal by
putting up the hand from the person riding, leading or
driving a horse or horses or other animals, bring such
locomobile, automobile, motor cycle, or other motor vehi¬
cle immediately to a stop, and if traveling in the opposite
direction shall remain stationary so long as may be rea¬
sonably necessary to allow such horse, horses or other ani¬
mals to pass; and in case such horse, horses or other ani-
331
AUTOMOBILE LAW
mals appear to be frightened, and he is requested so to do,
the person operating such locomobile, automobile, motor
cycle or other motor vehicle shall cause the motor thereof
to cease running so long as shall be necessary to prevent
accident and insure the safety of persons using such public
road, highway or public place; and if traveling in the
the same direction use reasonable care and cantion in
thereafter passing such horse, horses or other animals, and
be under the same restrictions as are herein provided re¬
lating to stopping at request or on signal by putting up
the hand; and provided that such locomobile, automobile,
motor cycle or other motor vehicle shall during the period
from one hour after sunset to one hour before sunrise, ex¬
hibit at least two lamps, one on either side, showing a
white light for a reasonable distance in the direction to¬
ward which such vehicle is proceeding, and also showing a
red light or lights in the reverse direction, and shall be
provided with (and use at all proper and necessary times),
a good and sufScient brake and a suitable bell, horn or
other signal; and no person shall, through mischief or
without reasonable excuse or cause, request any person
operating a locomobile, automobile, motor cycle or other
motor vehicle or signal him by putting up the hand to
stop. If any person purposely violates and wilfully neg¬
lects or refuses to comply with or violates any of the pro¬
visions of this section, or in any manner wilfully hinders or
purposely obstructs any person in the free passage of any
such road or highway, or if any person shall throw upon
the highway or public roads, any glass, glass bottles,
broken or otherwise, nails, tacks or any substance of like
nature likely to puncture or injure rubber tires of any
vehicle, or to injure the feet of horses or other animals,
he shall be guilty of a misdemeanor, and on conviction
thereof before any justice of the peace or other court hav¬
ing jurisdiction, for every such offense be fined not more
than fifty dollars or imprisoned not more than thirty days.
Begistration and License—Plates or Markers
Sec. 2. It shall be the duty of the owner or other person
332
NORTH CAROLINA
operating a locomobile or automobile in the County of
New Hanover to attach to the rear of such locomobile, auto¬
mobile, or other motor vehicle the number of such ma¬
chine in plain figures, so as to be visible and easily read,
and on the glass of a lamp on either side in front of any
locomobile, automobile or other motor vehicle shall be
placed the number of said machine in such manner as to
be easily read at night, and to register the number of said
machine with the Clerk of the Superior Court in a book
kept for that purpose by him, with the name of the owner
set opposite such number.
Sec. 3. That this act shall apply only to New Hanover
County.
336
North Dakota
Motor Vehicle Law
[Act of 1905, as amended March 13, 1909.]
General Speed Bates
Section 2169. No person, driver or operator in charge of
any automobile or motor cycle on any public road, high¬
way or street within this state shall drive, operate or move
or permit to be driven, operated or moved any automobile
or motor cycle at a speed faster than eight miles per hour
within any town, village or city within this state, or at a
rate faster than twenty-five miles per hour on any public
road or highway outside of any town, village or city.
Bells—Horns
See. 2170. Every automobile or motorcycle shall be pro¬
vided with a bell or horn which when operated outside of
a city or village, shall be rung or blown by the driver or
operator when approaching from behind a vehicle propelled
by animals so as to give timely notice of the approach of
said motor vehicle.
Mufflers—Lights
Sec. 2171. Every automobile or motorcycle using gaso¬
line, steam or any other substance as a motive power, shall
use a muffler, so-called, when operated, driven or moved
upon the streets of any town, village or city within the
state, or when, meeting or passing animal-propelled vehi¬
cles on any public road or highway within the state. Ev¬
ery such automobile or motorcycle shall also be provided
with lights, the automobile to carry not less than two
331
NORTH DAKOTA
lights in front of such machine, one of which to be on
either side, and the motorcycle to carry at least one light.
Law of the Bead.
Sec. 2172. The driver or operator of any automobile or
motorcycle shall be governed by the usual law of the road
by turning to the right in meeting vehicles, teams or per¬
sons moving or headed in an opposite direction, and by
turning to the left when passing vehicles, teams or per¬
sons moving or headed in the same direction.
Signal of Distress
Sec. 2173. The driver or operator in charge of any auto¬
mobile or motor cycle on any public road or highway out¬
side the limits of any town, village or city within the
state, when signalled by the driver of any vehicle pro¬
pelled by horses or other animal power, shall stop said
automobile or motorcycle until the vehicle propelled by
such animal power has passed; and if approaching said
vehicle from behind the driver or operator in charge of
said automobile or motorcycle shall stop for a reasonable
time, and the driver of said animal-propelled vehicle shall,
as soon as the condition of the road will permit, turn to
the right and allow at least one-half of the road on his
left for the passage of said automobile.
Fines and Penalties
Sec. 2174. Any person who shall violate any provision
of this article shall be guilty of a misdemeanor, and shall
be punished by a fine of not less than ten dollars and not
more than fifty dollars, and if default is made in the pay¬
ment of such fine such person or persons shall be com¬
mitted to the county jail until such fine is paid, condi¬
tioned, however, that each day's service in jail shall be
equal to two dollars of such fine, and the person so of¬
fending shall be liable for damages in a civil action to
any person who shall have been injured in person or prop¬
erty by reason of such violation of this article.
335
Ohio
Motor Vehicle Law
[Approved May 11, 1908, as amended March 8, 1909.]
"Motor Vehicle" Defined
Section 1. The term "motor vehicle" as used in this act,
except where otherwise expressly provided, shall include
all vehicles propelled by any power other than muscular
power, except motor bicycles, motor cycles, road rollers,
traction engines, fire engines, police patrol wagons, ambu¬
lances and such vehicles as run only upon rails or tracks.
"Local Authorities" Defined
Sec. 2. The term "local authorities" shall include all
officers of counties, cities, villages or towns, as well as all
boards, committees, and other public officials of such coun¬
ties, cities, villages or towns.
"Chauffeur" Defined
Sec. 3. The term "chauffeur" shall mean any person oper¬
ating a motor vehicle for hire, or as the employe of the
owner thereof.
"State" Defined
Sec. 4. The term "state" as used in this act, except
where otherwise expressly provided, shall include the ter¬
ritories and the federal districts of the United States.
"Owner of" or "Person Hereafter Acquiring" Defined
Sec. 5. The term "owner of" or "person hereafter ac¬
quiring" shall include any person renting a motor vehicle
336
OHIO
or the exclusive use thereof, under a lease or otherwise,
for a period greater than thirty days.
Begistxation and License Necessary—^Fees—^Application for
Sec. 6. Every owner of a motor vehicle or vehicles which
shall be operated or driven upon the public roads or high¬
ways of this state, shall annually, before the first day of
January of each year, for each motor vehicle owned or
acquired, except as herein otherwise provided, cause to
be filed by mail or otherwise, together with the payment
of a registration fee of five dollars for each gasoline or
steam motor vehicle, and a registration fee of three dol¬
lars for each electric motor vehicle, in the office of the
Secretary of State, an application for registration, for the
following year beginning the first day of January of such
year, containing a brief description of the vehicle to be
registered, including the name of the manufacturer, the
manufacturer's number of the motor vehicle, if number
there be, the character of the motor power, and the amount
of such motor power stated in figures of horse-power; the
name and address of the owner of such motor vehicle, and
the name of the county of the state in which he resides.
Manner of Begistration—Term
Sec. 7. Upon the filing in the office of the Secretary of
State of an application as hereinbefore provided, the Sec¬
retary of State or his duly authorized agent shall assign
to such motor vehicle as described in such application a
distinctive number, and shall issue to the owner of such
motor vehicle, as it is described in the application filed, a
certificate of registration, which certificate shall be in
form of a card, which may be carried in the pocket and
which certificate shall contain the distinctive number so
assigned to such motor vehicle, the name and the address
of the owner, a brief description of such motor vehicle,
stating the name of the manufacturer, the manufacturer's
number, if number there be, the character of the motor
power, and the amount of such motor power stated in fig¬
ures of horse-power.
.^S7
AUTOMOBILE LAW
Eve^fy owner of a motor vehicle acquired during any year
shall, immediately upon acquiring such motor vehicle, file
a like application with fees as above for registration for
the year beginning January first prior to the date of ac¬
quiring such vehicle. Applications of chauffeurs shall be
made at such times and for such periods as are provided
in this section for applications of owners. Each certificate,
number, placard or badge issued by the Secretary of State
to owners, manufacturers, dealers, or chauffeurs under this
act, shall be for the period of one year beginning the first
day of January. All applications of owners, manufactur¬
ers, dealers or chauffeurs filed subsequent to the passage
of this act for registration for a period of time including
any part of the year 1909, shall be entitled to receive from
the Secretary of State only certificates, numbers, placards
or badges for the period of time ending December Slat,
1909, and new applications shall be required as provided in
this section for registration beginning with January first,
1910.
Record—List of Registrations
Sec. 8. Upon the receipt of an application for registra¬
tion of a motor vehicle as hereinbefore provided the Secre¬
tary of State shall thereupon file such application in his
office and register such motor vehicle, with the name and
address of the owner thereof, and the facts stated in the
application, in a book or index to be kept for the purpose,
under the distinctive number and identification mark as¬
signed to such motor vehicle by the Secretary of State,
and issue to the applicant a certificate as hereinbefore pro¬
vided. The original book or index in which the motor
vehicles are registered as hereinbefore provided, shall be
kept in the office of the Secretary of State, and shall be
open to the inspection of any person during reasonable
business hours. An exact, full and accurate list of regis¬
tered motor vehicles and their owners, shall be furnished
by the Secretary of State to the clerk of every county in
the state, and such lists shall be kept as public records, in
books to be furnished by the Secretary of State, in the
338
OHIO
ofSce of each county clerk, and the Secretary of State
shall further furnish to the county clerk of each county,
once each month, copies of the additional applications for
registration received, which shall be entered by the county
clerk on the list kept by him as hereinbefore provided.
Display of Markers
Sec. 9. That every motor vehicle, registered in accordance
with the provisions of this act, shall have the distinctive
number and registration mark assigned to it by the Secre¬
tary of State and furnished by the Secretary of State, in
accordance with the provisions of section 10 hereof, as
hereinbefore provided, displayed on the front and rear of
such motor vehicle, as an identification mark, securely
fastened, so as not to swing.
Style of Marker
Sec. 10. That such distinctive number as an identification
mark shall consist of a placard upon the face of which
shall appear the distinctive number assigned to such motor
vehicle as hereinbefore provided, in Arabic numerals, such
numerals to be not less than four inches in length, each
stroke not less than one-half inch in width. Such placard
shall also contain the name or abbreviation of the name of
this state and the figures of the calendar year for which
this distinctive number is issued. Such distinctive number
or placard shall be of different color or shade each year,
such color or shade to be selected by the Secretary of
State.
Begistration by Manufacturer or Dealer
Sec. 11. A manufacturer or dealer in motor vehicles shall
make application for the registration, in a like manner as
hereinbefore provided, of each gasoline, steam, electric
or other make of motor vehicles so manufactured or dealt
in, and pay a registration fee of ten dollars for each make
of motor vehicles named, therein. Thereupon the Secretary
of State shall assign to each make of motor vehicles therein
described a distinctive number which must be carried and
339
AUTOMOBILE LAW
displayed by each motor vehicle of such make in like
manner as provided in this chapter while it is operated
on the public highway until it is sold or let for hire. Such
manufacturer or dealer, so registering a make of motor
vehicle, may procure certified copies of such registration
certificate upon the payment of a fee of two dollars for
each such copy. With each of such certified copies the
Secretary of State shall furnish two placards with the
same numbering provided in the original registration cer¬
tificate. No person, partnership or corporation shall oper¬
ate or cause to be operated upon the public road or high¬
way a motor vehicle of a manufacturer or dealer unless
such vehicle carries and displays as provided in this chap¬
ter two placards issued by the Secretary of State bearing
the registration number of such make of machine.
Brakes—Bells—Horns—Lamps
Sec. 12. Every motor vehicle operated and driven upon
the public roads or highways of this state shall be pro¬
vided with adequate brakes suflBcient to control the vehicle
at all times and a suitable and adequate bell, horn or
other device for signalling, and shall during the period
from thirty minutes after sunset to thirty minutes before
sunrise, display three white lights, two on the front and
one on the rear of each motor vehicle, the rays of which
rear lamp shall shine upon and illuminate each and every
part of the aforesaid distinctive number borne upon that
part of the motor vehicle, the light of which front lamps
shall be visible at least two hundred feet in the direction
in which said motor vehicle is proceeding, and every motor
vehicle shall also display, in addition to the foregoing, a
red light on the rear thereof.
Non-Besldents
Sec. 13. The provisions of the foregoing sections shall not
apply to motor vehicles owned by non-residents of this
state, provided that the owners thereof shall have com¬
plied with the provisions of the law of the state of their
residence in regard to motor vehicles, and shall comply
340
oqio
with such law while operating and driving a motor vehi¬
cle upon the public roads or highways of this state; pro¬
vided, however, that the foregoing sections of this act are
substantially in force as law in the state of the residence
of the owner of such motor vehicle, otherwise all provis¬
ions of this act shall apply.
General Speed Bates
Sec. 14. person shall operate a motor vehicle on the
public roads or highways of this state at a rate of speed
greater than is reasonable or proper, having regard to
width, traffic and the use of the highway and the general
and usual rules of the road or so as to endanger the
property or life or limb of any person, or the safety of any
property.
Special Speed Bates
Sec. 15. In no event shall any automobile, motorcycle or
other motor vehicle be operated at a greater rate of speed
than 8 miles an hour in the business and closely built up
portions of any municipality in this state, no more than
15 miles an hour in the other portions of such municipali¬
ties, no more than 20 miles an hour outside of such mu¬
nicipalities, which rates of speed shall not be diminished
nor prohibited by any ordinance, rule or regulation of any
municipality, board or other public authority, but munici¬
palities may by ordinance define what are the business and
closely built up portions of such municipalities.
Approaching Animals—Signal of Distress—^Duty in Case of
Accident
Sec. 16. Any operator of a motor vehicle, upon meeting or
overtaking a horse-drawn vehicle, or person on horseback,
shall slow down and stop said motor vehicle when sig¬
nalled so to do and shall remain in such condition until
said horse-drawn vehicle or person on horseback shall have
safely passed; provided, however, that such signal to stop
shall be given in good faith and under the necessity of
the circumstances, and only so often and for such length
341
AUTOMOBILE LAW
of time as shall be required to permit said vehicles to
safely pass, whether approaching from the front or the rear.
In case of accident to a person or property on the public
highway, due to the operation thereon of a motor vehicle,
the person operating such vehicle shall stop and, upon
request of a person injured, or any person present, give
such person his name and address, and, if not the owner,
the name and address of such owner.
Application for Chauffeur's License—Fees
S^c. 17. Every person hereafter desiring to operate a
motor vehicle as a chauffeur, shall file in the oflBce of the
Secretary of State, upon the payment of the registration
fee of two dollars ($2.00) an application for registration
which shall state: The name and address of the applicant,
and that he is competent to operate a motor vehicle; the
trade name and the kind of motor power of the vehicles
or vehicle he is competent to operate; and whether or not
the applicant has ever been previously convicted of a
violation of any of the provisions of this act, giving the
date and place of such conviction, and the provisions of
this act violated, if any.
Becord of License—Lists
Sec. 18. Upon receipt of such an application, the Secre¬
tary of State shall thereupon file the same in his ofllce in
a book or index, which shall be kept in the same manner
as the book or index for the registration of motor vehicles,
as hereinbefore provided, and the Secretary of State shall
forward a list of such registered chauffeurs, and such
additions thereto, as shall be made from time to time, to
the county clerk of every county in the state, in the same
manner as hereinbefore provided in the case of registered
motor vehicles, and such list shall be kept as public records
in the county clerk's office in every county in the state.
Chauffeiur's Badge—Style and Display
Sec. 19. The Secretary of State shall forthwith, upon the
registration of such chauffeur, as hereinbefore provided,
342
OHIO
issue to such chauffeur a badge of aluminum or other suit¬
able metal which shall be oval in form and the greater
diameter of which shall not be more than two inches; and
such badge shall have stamped thereon the words, "Eegis-
tered Chauffer No. ; State of Ohio, ," with the
registration number inserted thereon, which badge shall
thereafter be worn by such chauffeur, fastened upon his
clothing in a conspicuous place at all times, while he is
operating a motor vehicle upon the public roads or high¬
ways of this state.
Badge Not Transferable
Sec. 20. No chauffeur having registered as hereinbefore
provided shall voluntarily permit any other person to wear
his badge, nor shall any person while operating a motor
vehicle upon the public roads or highways of this state
wear any chauffeur's badge, belonging to another person,
fictitiously representing himself to be a registered chauf¬
feur.
Non-Besident Chauffeur
Sec. 21. No person shall operate a motor vehicle as a
chauffeur on the public roads or highways of this state
subsequently to thirty days after this act takes effect,
unless such person shall have complied in all respects with
the requirements of this section; provided, however, that
a non-resident chauffeur, who has registered under tho
provisions of the law of the state of his residence, which
are substantially similar to the provisions under this sec¬
tion, shall be exempt from registration under this section;
provided, however, that he wear a badge assigned to him
in the state of his residence, in the same manner as here¬
inbefore provided, and comply with all the other provisions
of this section.
Chauffeur Must Have Written Consent of Owner
Sec. 22. No chauffeur or other person shall drive or oper¬
ate or cause to be driven or operated, any motor vehicle up¬
on any public road or highway of this state in the absence
343
AUTOMOBILE LAW
of the owner of such motor vehicle, without such owner's
written consent.
Speed Tests or Races
Sec. 23. No local authority shall have any power to make
any ordinance, by-law or resolution regulating the speed
of motor; Provided, however, that local authorities may
set aside for a given time a specific public highway for
speed tests or races.
Fines and Penalties
Sec. 24. The violations of sections 6, 9, 11 and 12 of this
act shall be punishable by a fine not exceeding twenty-five
dollars ($25.00) for a first offense, by a fine of not less than
twenty-five dollars ($25.00) and not exceeding fifty dollars
($50.00) for a second offense, and by a fine not less than
fifty dollars ($50.00) and not more than one hundred
dollars ($100.00) or imprisonment for not more than thirty
days for a third and subsequent offense.
Sec. 25. Any violation of sections 14, 15 and 16 of this
act shall be deemed prima facie evidence of a misdemeanor
punishable by a fine not exceeding twenty-five dollars
($25.00) for a first offense, and by a fine not less than
twenty-five dollars ($25.00) and not exceeding fifty dollars
($50.00) for a second offense, and by a fine not less than
fifty dollars ($50.00) and not more than one hundred
dollars ($100.00) or imprisonment for not more than thirty
days for a third offense, and for any subsequent offense,
within one year, imprisonment for not less than ten days,
nor more than thirty days.
Displaying False Markers
Sec. 26. Any person operating or driving a motor vehicle
on the highways of this state, which shall display thereon
a distinctive number or identification mark, belonging to
any other motor vehicle or one which is fictitious, shall
be deemed guilty of a misdemeanor, which shall be pun¬
ishable by a fine of twenty-five dollars ($25.00) for a first
offense, and for any subsequent offense by a fine not less
344
OHIO
than fifty dollars ($50.00) or more than three hundred
dollars ($300.00) or imprisonment for sixty days or boih.
Special Penalties Applicable to Chauffeurs
Sec. 27. Any violation of section 17 of this act, by a
person not registered as a chauffeur, as hereinbefore pro¬
vided, shall be punishable by a fine of not more than fifty
dollars ($50.00) or the suspension of the right to apply for
registration as a chauffeur, under this act, for one year, or
both, and for a subsequent or second offense by a fine of
not more than one hundred dollars ($100.00) and in addi¬
tion to the suspension of the right to apply for registration
as a chauffeur for a time not less than one year or more
than two years.
Same
Sec. 28. Any violation of sections 19, 20 or 21 of this act,
by a chauffeur, registered as herinbefore provided, shall
be punishable by a fine not exceeding fifty dollars ($50.00)
or by the suspension of the right to operate a motor vehicle
as a chauffeur under the provisions of this act for a period
of six months or both, and for a second or subsequent
offense by a fine of not less than fifty dollars ($50.00) and
not exceeding one hundred dollars ($100.00) and in addi¬
tion the suspension of the right to operate a motor vehicle
as a registered chauffeur under the provisions of this act
for one year, and for such further time as shall be fixed
by the trial court.
Same
Sec. 29. Any violations of sections 14, 15 and 16 of this
act by a registered chauffeur shall be a misdemeanor and
punishable as provided in section 25 and in addition thereto
a suspension of the right to operate a motor vehicle as a
registered chauffeur as hereinbefore provided for thirty
days for a second offense, and for a' period of not less than
one year for a third offense, in which case the registration
of such chauffeur shall become null and void.
345
AUTOMOBILE LAW
Penalty for Using Machine Without Owner's Consent
Sec. 30. Any person violating any of the provisions of
section 22 of this act shall be deemed guilty of a misde¬
meanor, and upon conviction shall be fined a sum not
exceeding two hundred dollars ($200.00) or imprisonment
for a period not exceeding six (6) months or both in the
discretion of the court.
Arrest—Bight of Trial—Bail
Sec. 32. In ease any person shall be taken into custody
because of any violation of any of the provisions of this
act, he shall forthwith be taken before any magistrate or
justice of the peace in any city or village or county, and
be entitled to an immediate hearing; and if such hearing
cannot be had, be released from custody on giving his
personal undertaking to appear in answer for such viola¬
tion at such time or place as shall then be indicated,
secured by a deposit of a sum equal to the maximum fine
for the offense with which he is charged, or in lieu thereof,
in case the person taken into custody is the owner, by
leaving the motor vehicle, and in case the person taken
into custody is not the owner, by leaving the motor vehicle
with a written consent given at the time by the owner,
who must be present, with such judicial officer; or in any
case such judicial officer is not accessible, be forthwith
released from custody by giving his name and address to
the person making the arrest and depositing with such
arresting officer a sum equal to the maximum fine for the
offense for which such arrest is made, or in lieu thereof,
in case the person arrested is the owner by leaving the
motor vehicle, and in case the person is not the owner,
by leaving the motor vehicle with a written consent given
at the time by the owner, who must be present; Provided
that in such case the officer making the arrest shall give a
receipt in writing for such sum or vehicle deposited and
notify such persons to appear before the most accessible
magistrate, naming him, specifying the date, place and the
hour. In case such undertaking with security or deposit
346
OHIO
shall not be made by an owner or other person taken into
custody, the provisions of law in reference to bail in cases
of misdemeanors shall apply.
Disposition of Moneys—Venue of Action for Injury—Process
Sec. 33. The revenues derived from the registration fees
provided for herein shall be applied by the Secretary of
State toward defraying the expenses incident to the carry¬
ing out and enforcement of the provisions of this act, and
any surplus thereof shall be paid by the Secretary of State
into the state treasury, monthly. All actions for injury to
th? person or property caused by the negligence of the
owner of any automobile included within the provisions
of this act, may be brought by the party injured against
the owner of such automobile in the county wherein such
injured party resides. In case such action is begun, a sum¬
mons against any defendant or defendants shall be issued
to the sheriff of any county within the State of Ohio,
wherein such defendant or defendants reside, to be served
upon such defendant or defendants, as in other civil actions
any law to the contrary providing for the Service of
summons in civil actions notwithstanding.
State Highway Fund
Sec. 34. All moneys coming into the state treasury, pur¬
suant to this section shall be equally there maintained as a
separate fund for the improvement, maintenance and repair
of the public roads and highways of this state, and shall
be apportioned as the state highway fund is apportioned by
law.
Short Title of Act
Sec.35. This act shall be known as the "Automobile
Law," and shall take effect and be in force from and
after thirty days after its approval by the governor.
Law of Boad
Sec. 36. That section 3490 of the Revised Statutes be
amended so as to read as follows: "Sec. 3490. All persons
347
AUTOMOBILE LAW
driving carriages or vehicles of any description on any
public turnpike, road or highway of this state, shall, on
meeting carriages or vehicles of any description, keep to
the right so as to leave half of the road free, and all
persons riding on horseback, or on bicycle, tricycle, tandem
bicycle, locomobile, automobile, or motor vehicle, shall, on
meeting carriages or vehicles of any description, keep to
the right so as to leave two-thirds of the road free."
348
Oklahoma
There is no General Motor Vehicle Law
in this State.
LAW OF THE EGAD.
Bules for Passing
Sec. 7872. (Comp. Laws.) Whenever any persons shall
meet each other on any bridge or road, traveling with
carriages, wagons, sleds, sleighs, or other vehicle, each shall
pass to the right of the middle of the traveled part of such
bridge or road, so that the respective carriages or other
vehicles aforesaid, may pass each other without inter¬
ference.
Penalty for Offenses
Sec. 7873. Each person offending against the provisions
of the proceeding sections shall for each offense be fined in
a sum not exceeding ten dollars, and shall be liable to
the party injured for all damages sustained by reason of
such offense.
349
Oregon
Motor Vehicle Law
[Chapter 136, Laws 1905, approved February 21, 1905.]
Unregistered Vehicles Excluded from Highways
Section 1. No automobile, motor vehicle or motor cycle
shall be used or operated on any public highroad, highway,
park or parkway, street, or avenue within this state, until
the owner shall have complied with sections 2, 4 and 5 of
this act.
Registration, Application for
Sec. 2. The owner of every automobile, motor vehicle, or
motor cycle shall file in the oflBce of the Secretary of State
a statement of his name and address, together with a brief
description of every such vehicle owned by him, and shall
obtain from said Secretary of State a numbered certificate
for each of said vehicles, which certificate shall state the
name of the owner of such vehicle, and that he has regis¬
tered in accordance with the provisions of this act. These
certificates shall be numbered consecutively, beginning
with 1.
Record
Sec. 3. The Secretary of State shall keep a record of all
such statements and of all certificates issued by him with
their numbers.
Fees
Sec. 4. The fee for issuing such certificates shall be $3.00.
3S0
OREGON
Markers
Sec. 5. The number of each certificate, preceded by the
letters "Ore.," shall be displayed upon the back of such
automobile, motor vehicle or motor cycle in light-colored
Arabic numerals, at least three inches high, on a dark back¬
ground.
Non-Besidents
Sec. 6. The provisions of the preceding sections shall not
apply to automobiles, motor vehicles or motor cycles owned
or operated by non-residents of this state, provided the
owners therof have complied with any law requiring the
registration of owners of automobiles, motor vehicles or
motor cycles in force in the state, territory, or federal dis¬
trict of their residence, and the registration number show¬
ing the initial of such state, territory, or federal district
shall be displayed on such vehicle substantially as pro¬
vided by section 5 of this act.
Lamps
Sec. 7. Every automobile, motor vehicle or motor cycle,
when driven on any public road, highway, park or parkway,
street or avenue, within this state, shall, during the hours
of darkness, have fixed upon some conspicuous part thereof
at least one lighted lamp, showing white to the front and
red to the rear, and shall have the license or certificate
number of said vehicle painted in dark Arabic numerals
across the white glass of said lamp.
Mufflers—^Brakes—Law of Boad
Sec. 8. Every automobile, motor vehicle, or motor cycle
using gasoline as motive power shall use the "muffler,"
so-called, and the same shall not be cut out or disconnected
within the limits of any city or village within this state.
Every automobile, motor vehicle, or motor cycle shall be
provided with good and efficient brakes. The driver or
operator of every automobile, motor vehicle, or motor cycle
shall be governed by the usual law of the road by turning
351
AlfTOMOBILE LAW
to the right in meeting vehicles, teams, and persons moving
or headed in an opposite direction, and by turning to the
left in passing vehicles, teams, and persons moving or
headed in the same direction.
Approaching Animals—Signal of Distress
Sec. 9. Every person having control or charge of any auto¬
mobile, motor vehicle, or motor cycle, whenever upon any
public street or way, and approaching any vehicle drawn
by a horse or horses, or any horse upon which any person
is riding, shall operate and manage and control such auto¬
mobile, motor vehicle, or motor cycle in such manner as to
exercise every reasonable precaution to prevent the fright¬
ening of any such horse or horses, and to insure the safety
and protection of any person riding or driving the same.
And if such horse or horses appear frightened the person
in control of such motor vehicle shall reduce its speed,
and, if requested by signal or otherwise by the driver of
such horse or horses, shall not proceed further toward such
animal unless such movement be necessary to avoid acci¬
dent or injury, or until such unimal appears to be under
the control of its rider or driver.
General Speed Rates
Sec. 10. No person, driver or operator in charge of any
automobile, motor vehicle, or motor cycle on any public
road, highway, park or parkway, street, or avenue within
the state, shall drive, operate, or move, or permit the same
to be driven, operated, or moved at a rate of speed faster
than eight miles an hour within the thickly settled or busi¬
ness portion of any village or city within this state, nor
faster than eight miles an hour in the country when within
one hundred yards of any vehicle drawn by horse or horses,
nor outside of such thickly settled or business portion of
any city or village on any public road, highway, park or
parkway, street, or avenue at a "te of speed faster than
(1) one mile in (2%) two and one-half minutes, nor over
any crossing or crosswalk within the limits of any city or
352
OREGON
village at a rate faster than one mile in (15) fifteen min¬
utes when any person is upon the same.
Special Speed Bates—^Racing
Sec. 11. No person driving or in charge of any automo¬
bile, motor vehicle, or motor cycle on any highway, town-
way, public street, avenue, driveway, park or parkway
shall drive the same at any speed greater than is reason¬
able and proper, having regard for the traffic and use of
the way by others, or so as to endanger the life or limb of
any person; and racing any such vehicle on any such ways
or parks is hereby forbidden.
Arrest—Bail
Sec. 12. Any proper officer who shall arrest the owner or
driver of an automobile, motor vehicle, or motor cycle for
an infraction of any part of this act shall take said person
immediately before a magistrate and said magistrate shall
hear said case at once, or, upon request of defendant and
depositing $50 as bail, he shall adjourn said hearing for a
time not less than twenty-four hours nor more than five
days. If it be impossible to find a magistrate within a
reasonable time from said arrest, then the arresting officer
shall accept bail in the sum of $50 for the appearance of
the defendant at the proper time.
Fines and Penalties
Sec. 13. The violations of any of the provisions of this
act shall be deemed a misdemeanor, punishable by a fine
not exceeding $25 for the first offense, nor exceeding $50
for the second offense, nor exceeding $100 for any suc¬
ceeding offense.
353
Pennsylvania
Motor Vehicle Law
[Approved April 27, 1909.]
Unregistered Vehicles Excluded from Highways
Section 1, Except as hereinafter provided, no motor ve¬
hicle shall be operated or driven upon any public street or
highway in any city, borough, township, or county in this
Commonwealth, until the said motor vehicle shall have been
registered with the State Highway Department of this
Commonwealth.
Manner of Begistration—Fees—^Non-Besidents
Sec. 2. Application for the registration of motor vehicles
shall be made to the State Highway Department, or to a
lawful agent appointed by the Highway Commissioner.
The application shall contain the name, place of residence,
and correct postoffice address of the owner; with a brief
description of the motor vehicle, stating the name of the
maker, the manufacturer's number, the character of the mo¬
tive power, and the rated horse power. The said applica¬
tion shall be made upon a blank provided for the purpose
by the State Highway Department. It shall be signed by
the owner, and be verified by oath or affirmation. Upon
receipt of the application, and a fee of five dollars for
motor vehicles of less than twenty horse power, ten dollars
for motor vehicles of twenty horse power or more, and less
than fifty horse power, and fifteen dollars for motor vehi¬
cles of fifty horse power or over, or in the case of a motor
cycle, two dollars, the State Highway Department shall
register the said motor vehicle or motor Cycle in a book
to be kept for that purpose; and shnll issue to tli9 owner
PENNSYLVANIA
a registration certificalte, and two number tags having there¬
on the registration number, the figures of which shall be
not less than five inches in height, the maker's number of
the car, the abbreviated name of the State, and the year;
Provided, however that non-residents of this Commonwealth
shall be exempt for a period of ten days from the provi¬
sions of this section, if they have complied with the re¬
quirements of the State in which they reside, and display
upon their motor vehicle number-tags that indicate the
State by which they are issued and their register number;
Provided further, that this privilege shall not apply to
residents of States which do not extend similar privileges
to this Commonwealth; Provided further, that motor cy¬
cles under this act, in lieu of the specific form of tag or
tags as required herein, shall be required to have painted or
attached on the rear mud-guard of such motor cycles the
registration number, in letters and figures of not less than
three inches in height and not less than three-eighths of an
inch in width, which shall be displayed in some conspicuous
color or design other than that of which the said motor cy¬
cle is painted; but no metal sign shall be required in order
that the said letters and figures can be plainly readable.
The manner of numbering said motor cycles shall be re¬
garded as a compliance with the terms of this act, as though
a tag or tags had actually been furnished and supplied by
the said Highway Department. Any neglect or failure to
carry out the terms or provisions of this section as to
numbers shall be construed and regarded as a violation of
this act, with the same force and effect as though the pro¬
visions herein mentioned in regard to tag or tags had been
violated.
Applicants for registration or license who reside out¬
side of this state shall, in addition to the above require¬
ments, designate in their application a resident of this
State as their authorized agent upon whom process may be
served.
Display of Markers
Sec. 3. No motor vehicle, except motor cycles, shall be
355
AUTOMOBILE LAW
operated upon any public street or highway unless the num¬
ber tags are displayed conspicuously, one on the front and
the other on the rear of the motor vehicle, in such manner
that they may be easily read. They shall at all times be
parallel to the axles of the motor vehicle, and shall be
kept free from oil, grease, or dirt, or other substances
likely to impair their legibility; and between one hour
after sunset and one hour before sunrise the rear number
tag shall be illuminated, so that the number can be plainly
distinguished. Not more than one set of number tags
shall be displayed upon any motor vehicle, and, except as
provided in section two for non-residents, no number tag
shall be displayed other than that issued by the State
Highway Department. No owner or operator of a motor
vehicle shall be subject to a fine or arrest when one number
tag is missing: Provided, He make afiSdavit that the same
has been lost or removed without his knowledge and con¬
sent, within one week, and that application be promptly
made for new tags.
Special License to Operate
See. 4. No person under eighteen years of age whether
the owner of a motor vehicle or not, shall operate any
motor vehicle, without first obtaining from the State High¬
way Department a special license to do so. Such licenses
shall be granted only when the State Highway Commis¬
sioner is satisfied, after such tests, or information as he
may see fit to require, that the applicant is competent to
operate a motor vehicle, and the granting or refusing of
such an application shall be entirely within the discretion
of the said Highway Commissioner.
Chauffeur's License
Sec. 5. Every person desiring to operate a motor vehicle
as a chauffeur, or as a paid operator, shall first obtain a
driver's license. Application for license shall be made
upon a blank furnished by the Highway Department, and
shall contain the name of the applicant, with place of resi¬
dence, including city or town, street and number, and
356
PENNSYLVANIA
post-office address, and shall state that said applicant
is over eighteen years of age and is qualified to oper¬
ate a motor vehicle. It shall be signed by the applicant
and verified by oath or affirmation. Upon the receipt of
the application and a fee of two dollars, the State High¬
way Department shall issue to the applicant a license
and a badge. The license shall contain the licensee's name
and residence and the date and number of the license, and
shall be carried by the licensee at all times when operating
a motor vehicle. Upon the badge shall be the words
"Pennsylvania Licensed Driver," the year and the number
of the license which it accompanies. It shall not be less
than two and one-half inches in its greatest diameter, and
shall be conspicuously worn on the front of the outer gar¬
ment of the licensee, at all times when said licensee is op¬
erating a motor vehicle.
License Year—^Transfer of Ownership
Sec. 6. Motor vehicles may be registered and licenses is¬
sued at any time during the year, but all registrations
and licenses shall cease to be effective after the thirty-
first day of December of the year issued. A registration
certificate or license issued to one person shall not be trans¬
ferred to another person; and no driver's license shall be
issued to a firm or corporation, nor in the name of more
than one person. Upon the transfer of ownership of any
motor vehicle its registration shall expire; and it shall be
the duty of the person in whose name such vehicle is regis¬
tered to immediately notify the State Highway Department
of the name and address of the new owner, and to return
to the said Department the registration certificate and
number tags for the vehicle so transferred. Should the
original owner make application for the registration of
another motor vehicle within the period of two months,
accompanied by a fee of one dollar he shall, if he so de¬
sires, be assigned the number previously issued to him.
Registration by Manufacturer or Dealer
Sec. 7. Motor vehicles operated by manufacturers or
357
AUTOMOBILE LAW
dealers for the purpose of testing, selling, or hire shall be
exempt from the necessity of individual registration;
provided said manufacturer or dealer registers with the
State Highway Department in the "Dealer's Class." Ap¬
plication for such registration, stating the number of cars
to be registered, shall be made upon a blank provided for
the purpose by the said department, which shall state the
name and business address of the applicant, and shall be
verified by oath or afiirmation. Upon receipt of the ap¬
plication, and a fee of five dollars for each certificate and
pair of number tags, the State Highway Department shall
issue to the applicant as many certificates of registration
and pairs of number tags as may be desired, not exceeding
five, having thereon the number of registration in figures
not less than five inches in height, the year, and the
words "Penna. Dealer." Such cars shall be operated by
licensed drivers only.
Highway Commissioner's—^Agents—^Fees
Sec. 8. The Highway Commissioner shall be authorized,
and full power and authority are hereby given him, to
designate and appoint proper persons to be the agents af
the said Highway Commissioner, for the purpose of regis¬
tering motor vehicles and for the granting of licenses to
applicants subject to the requirements of this act, and in
accordance with such rules and regulations as shall be im¬
posed by the said commissioner. The sum of twenty-five
cents shall be allowed such agents as a fee for each certi¬
ficate or license issued by them, the same to be retained
by the said agents out of the registration fees or license
fees paid to them.
Penalty for Intoxication
Sec. 9. No person when intoxicated shall operate a mo¬
tor vehicle, and any person guilty of so doing shall be
subject to a fine of not less than one hundred dollars, nor
more than three hundred dollars, or imprisonment for not
more than one year, or both; and the license of any person
35S
PENNSYLVANIA
guilty of a violation of this section may be suspended for
six months by the Highway Commissioner.
Fictitious Markers Prohibited
Sec. 10. No motor vehicle shall be operated under any
other number other than that of its own registration, nor
shall any person operate any motor vehicle without the
consent of the owner thereof. Any person violating any
of the provisions of this section shall be subject to a fine
of not more than one hundred dollars, or imprisonment not
exceeding one year, or both.
Beplacing Lost Markers
Sec. 11. In case of the loss of number tags or of a badge,
a new pair of tags or a new badge, of another number
than that borne by the lost tags or badge, may be obtained
by filing with the State Highway Department, upon a
blank furnished by said Department, an affidavit reciting
the loss of the said tags or badge accompanied by a fee
of one dollar.
Brakes—Bells—^Lights
Sec. 12. Every motor vehicle shall be provided, when in
use, with good and sufficient brakes; and with a horn, bell,
or other signal device, which shall be sounded when neces¬
sary to insure the safety of the users of the highway. Mo¬
tor vehicles shall, from one hour after sunset until one
hour before sunrise, show at least two white lights, visible
not less than two hundred feet in the direction in which
the motor vehicle is proceeding, and, excepting on motor
cycles, one red light, visible in the opposite direction; Pro¬
vided, however. That motor cycles need display only one
white light in the direction in which they are proceeding.
Use of Signaling Device—^Law of Boad—Duty in Case of
Accident
Sec. 13. Every operator of a motor vehicle, as aforesaid,
shall sound his horn or signal device when overtaking
another vehicle, or any person walking upon a public high-
359
AUTOMOBILE LAW
way, or a horse, horses, or other animal of draft or burden,
being led, ridden, or driven thereon; and, when circum¬
stances require, when approaching a person or vehicle shall
give reasonable warning of his approach; and also shall
sound his horn or signal device when approaching a street
or road crossing in any of the cities, boroughs, or townships
of this Commonwealth, where the proper authorities shall
have erected signs, easily readable by the traveler ap¬
proaching from either direction, bearing thereon, in letters
at least five inches in height, the words "Danger: blow
your horn." The unnecessary sounding of bells or horns,
or other signal device, and the use of muffler cut¬
outs upon any motor vehicle, when passing any other ve¬
hicle, is prohibited. The operator of any motor vehicle
shall have the same rights and right to use all public
streets or roads as the driver of any other vehicle, or any
other user of the said street or highway possess; but when
signalled to do so, by the driver of any horse or other
animal, shall stop the motor vehicle, and, if circumstances
require it, shall stop his engine until the danger has been
avoided. In case of injury or damages to person or prop¬
erty due to the operation of a motor vehicle the operator
of said vehicle shall stop, and, upon request of the person
injured or any one accompanying him, give his name and
address and that of the owner of said motor vehicle.
General Bates of Speed
Sec. 14. No person shall operate a motor vehicle on the
public highways of this State recklessly, or at a
rate of speed greater than is reasonable and proper,
having regard to the width, trafflc, and use of the
highway, or so as to endanger property or the life or
limb of any person; but no person shall drive a motor
vehicle at a rate of speed exceeding one mile in two
ai.d one-half minutes: Provided, That the local authori¬
ties having charge of any of the highways may,'in danger¬
ous, congested, or built up portions, place, signs marked
"Danger: run slow," and at these places the speed limit
shall not exceed the rate of a mile in five minutes; the
330
PENNSYLVANIA
said signs to be plainly legible, and the letters to be not
less than five inches in height. When a motor vehicle
meets or overtakes a street passenger car which has stopped
for the purpose of taking on or discharging passengers, the
motor vehicle shall not pass said car, on the side on which
passengers get on or off, until the car has started and any
passengers who have alighted shall have gotten safely to
the side of the road.
Powers of Local Authorities
Sec. 15. No city, county, borough, or township shall have
the power to enforce or maintain any ordinance, rule, or
regulation inconsistent with, or ^fixing a rate of speed
lower than, that permitted by this act; or require of any
person any license tax upon or permit to operate motor
vehicles upon the public highways; or the registration of
any motor vehicle; and all such local ordinances, rules, or
regulations now in force shall expire and shall be null and
void and of no further effect. Except that in parks, the
proper authorities may restrict the speed of motor vehicles
to such a rate as may seem reasonable, provided said rate
of speed shall not be less than that allowed other vehicles,
and that legible signs shall be conspicuously placed indicat¬
ing the rate of speed permitted. No public road open to
horse-drawn vehicles shall be closed to motor vehicles.
Display of License
Sec. 16. All operators of motor vehicles shall, upon re¬
quest or signal of any constable or police officer, who shall
be in uniform or shall exhibit his badge or other sign of
authority, stop and exhibit their registration certificate
or license, and shall furnish to any legally constituted
authority all information in their possession as to the ident¬
ity of the operator or owner of any motor vehicle.
Arrest and Bail
Sec. 17. The constable and police officers of the cities,
boroughs, and townships of this Commonwealth may arrest,
upon view and without warrant, any person or persons
361
AUTOMOBILE LAW
violating any provisionB of this act; but such officer shall
forthwith make and file with the magistrate or justice of
the peace before whom the person arrested is taken, and
furnish a copy thereof to the person arrested, an affida¬
vit setting forth in detail the alleged violation of the sec¬
tion of the act complained of. In the event of an arrest,
as aforesaid, if the defendant is unable to give sufficient
bail for a hearing or for his appearance at court, the magis¬
trate before whom he is first taken shall accept as bail
any article of sufficient value, or, provided he is the owner
thereof, hold in custody the motor vehicle found in the
possession of the defendant; and the court, after the trial
of the defendant, if no sufficient bail according to law has
been given in the meantime, shall make such order as to
the disposition of such motor vehicle or other articles as
to it shall seem ji^st and proper.
Fines and Penalties—Jurisdiction of Offenses
Sec. 18. Any person—except as provided in sections nine
and ten—violating any of the provisions of this act shall be
subject to a fine or penalty of not less than ten dollars, nor
more than twenty-five dollars, to be collected by summary
conviction before any magistrate or justice of the peace
as like fines and penalties are now by law collected, or,
in case of non-payment of a fine within forty-eight hours,
bail in double the amount of fine and costs being first
entered as provided for in section seventeen, to under¬
go an imprisonment in the county prison for a period
not exceeding ten days; Provided, that any person so
accused, may secure the right of trial by jury, before the
court of quarter sessions of the peace for the county in
which the offense is alleged to have been committed, by
depositing with the magistrate, to whom complaint has
been made, a sum equal in amount to the fine and costs
which might be imposed, or by entering security to pay
the same. Any person or persons who, having been pre¬
viously convicted before a court of quarter sessions or
Magistrate or justice of the peace of this Commonwealth of
any violation of the provisions of this act, upon commiS'
362
PENNSYLVANIA
sion of a second oflEense, within a period of one year, shall
be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be sentenced to pay a fine of not less than
twenty-five dollars nor more than fifty dollars; or, in case
of non-payment of such fine, to undergo an imprisonment
in the county prison for a period not exceeding twenty
days. Any person or persons who, having been previously
convicted before a magistrate or justice of the peace of
this commonwealth of violations of the provisions of this
act, upon the commission of a third or subsequent offense,
within a period of one year, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be sen¬
tenced to pay a fine of not less than fifty dollars, nor more
than two hundred dollars; or, in case of non-payment of
such fine, to undergo an imprisonment in the county prison
for a period not exceeding thirty days. Any person or
persons accused of a second or subsequent offense shall
have the right to a trial by jury, in the same manner and
npon the same conditions as is provided for in the case of
persons accused of a first offense; Provided, That if, after
conviction before a magistrate or justice of the peace, the
accused desires to appeal to the court of quarter sessions,
he shall be entitled to do so, provided he give a bond con¬
ditioned, upon securing and prosecuting the appeal, to
secure payment of the fine imposed. The State Highway
Commissioner shall issue printed bulletins, not oftener than
once a month, giving the name and address of each appli¬
cant for a license, together with the number of the license
issued to such applicant.
Snspension, etc.
Sec. 19. The Highway Commissioner may revoke or sus¬
pend, after due notice in writing of the proposed revoca¬
tion and the grounds thereof, for any period up to six
months, the registration of any car or the license of any
driver, upon reasonable grounds, for improper conduct in
operating a motor-vehicle, in cases where the punishment
provided by the act is not adequate, in his opinion, or
363
AUTOMOBILE LAW
where the offender has been convicted two or more times
for violations of the provisions of this act.
Definitions
Sec. 20 The term "motor-vehicle," as used in this act,
shall apply to all wheeled vehicles operated by any form
of engine, motor, or mechanical power, excepting road-
rollers and vehicles which move upon or are guided by a
track. The term "motor-cycle," as used in this act, shall
apply to two or three wheeled vehicles operated by an en¬
gine, motor, or other merhanical device.
Disposition of Revenues
Sec. 21. The revenues derived from the registration of
motor vehicles, and from licensing operators thereof, under
the provisions of this act, shall be paid by the State High¬
way Department to the State Treasurer, to be used for the
improvement of the roads of this Commonwealth.
Disposition of Fines and Penalties
Sec. 22. All fines and penalties collected, under the pro¬
visions of this act, for violations of the same, shall be
paid to the State Treasurer, except those collected for
violations of the provisions as to speed limit, which shall
be paid to the treasurer of the city, borough, or township
wherein the violation occurred, to be used for the con¬
struction, repair, and maintenance of the highways thereof;
and sworn statements of all fines and penalties collected
under the provisions of this act shall be made by the bur¬
gess, magistrate, justice of the peace, or other officer im¬
posing or receiving the same, to the State Highway Com¬
missioner. Said reports shall be made quarterly, upon the
first day of the months of January, April, July, and Octo¬
ber of each year.
Prima Facie Evidence
Sec. 23. In any proceeding for the violation of the pro¬
visions of this act, the registered number displayed on the
motor vehicle shall be prima facie evidence that the reg-
364
PENNSYLVANIA
istered owner of said car was then operating the same:
Provided, however, that if at any hearing or proceeding
the owner shall testify, under oath or affirmation, that he
was not operating the car at the time of the alleged viola¬
tion of this act, and shall submit himself to an examina¬
tion as to who at that time was operating the car, and re¬
veal the name of the person if known, then the prima
facie evidence arising from the registered number shall
be overcome and removed and the burden of proof shifted.
Civil Actions—Process—Arrest and Bail
Sec. 24. All civil actions for damages arising from the use
and operation of any motor vehicle, as aforesaid, may be
brought in the city or county in which the alleged damages
were sustained; and service of process may be made by
the sheriff of the county where the suit is brought depu¬
tizing the sheriff of the county wherein the defendant in the
suit or his registered agent resides, or where service may be
had upon him, under the existing laws of this Common¬
wealth, in like manner as process may now be served in
the proper county. Proceedings under this act may be
commenced either by arrest by the proper officer, upon
view, or by the issuance of a warrant, in the name of the
Commonwealth, which warrant may be served by any con¬
stable, policeman, or other officer having authority to serve
warrants in any part of the Commonwealth. Any officer
serving such warrant shall take the defendant before the
magistrate or justice of the peace of the county in which
the defendant is found, who shall take bail for his ap¬
pearance before the magistrate or justice of the peace who
issued the warrant.
Bepeal
Sec. 25 The act approved April twenty-third, nineteen
hundred and three, entitled "An act relating to automo¬
biles, or motor vehicles; providing for the registration
thereof; regulating the speed limit upon public highways
within this Commonwealth; providing for the licensing of
the operators thereof, and fixing the amount of the license;
365
AUTOMOBILE LAW
regulating the service of process and of proceedings in
actions of damages arising therefrom; and prescribing the
penaties for the violation of the same," and the act ap¬
proved April nineteenth, nineteen hundred and five, en¬
titled "An act relating to automobiles, or motor vehicles;
regulating the speed limit upon, the streets and public high¬
ways of this Commonwealth; providing for the licensing
of the operators thereof by the State Highway Depart¬
ment; fixing the amount of said license; regulating the
service of process, and proceedings of actions in damages
arising therefrom; and prescribing the penalties for the
violation of the provisions of the same," and all other
acts or parts of acts inconsistent herewith, shall be and
the same are hereby repealed: provided, however, that the
method of licensing residents of this state, as set forth in
sections two,.three, four and seven of the act, approved
April nineteenth, nineteen hundred and five, entitled "An
act relating to automobiles, or motor vehicles; regulating
the speed limit upon the streets and public highways of this
Commonwealth; providing for the licensing of the opera¬
tors thereof by the State Highway Department; fixing the
amount of said license; regulating the service of process,
and proceedings of actions in damages arising therefrom;
and prescribing the penalties for the violation of the pro¬
visions of the same," shall remain in full force and effect
until December thirty-first, nineteen hundred and nine,
when the method of registering motor vehicles and licens¬
ing drivers as set forth in this act shall become effective.
366
Rhode Island
Motor Vehicle Law
[Approved May 26, 1908, and amended May 7, 1909.]
Definitions
Section 1. The words and phrases used in this act shall,
for the purpose of this act, unless the same be contrary to
or inconsistent with the context, be construed as follows:
(1) "motor vehicle" shall include all vehicles propelled
by mechanical power, except road rollers, street sprinklers,
fire engines and apparatus, police patrol wagons, ambu¬
lances, and such vehicles as run only upon rails or tracks;
(2) "motor cycle" shall include only those motor vehicles
having pedals and saddle, with driver sitting astride;
(3) "automobile" shall include all motor vehicles except
motor cycles, commercial motor vehicles and motor trucks;
(4) "commercial motor vehicles and motor trucks "shall in¬
clude such motor' vehicles as are used only for the trans¬
portation of freight; (5) "registration" has reference to
vehicle; registration of a motor vehicle by the owner or
person in control thereof does not give such person the
right to operate the machine upon the public highways;
(6) "license" has reference to the operator; each person
who operates a motor vehicle must have an operator's
license; (7) "public highways" shall include any high¬
way, state road, public street, avenue, alley, park, park¬
way, driveway, or public place in any city, village or town;
(8) "closely built up" shall mean (a) the territory of a
city, village, or town contiguous to a public highway which
is at that point built up with structures devoted to busi¬
ness, (b) the territory of a city, village, or town contigu¬
ous to a public highway not devoted to business, where for
not less than one-quarter of a mile the dwelling houses on
307
AUTOMOBILE LAW
such highway average less than one hundred feet apart,
and also, (c) the territory outside of a city or village con¬
tiguous to a public highway within a distance of one-half
mile from any post-office: provided, that for a distance of
at least one-quarter of a mile within such limits the dwell¬
ing houses on such highway average less than 100 feet
apart; and provided, further, that the city and town officers
having charge of such highway shall have placed conspic¬
uously thereon signs, of sufficient size to be easily readable
by a person using the highway, bearing the words, "slow
down to fifteen miles," and also an arrow pointing in the
direction where the speed is to be reduced; (9) "garage"
shall mean every public place where one or more motor
vehicles are stored or housed, except only such places in
which motor vehicles are kept by the owners thereof with¬
out payment for storage.
Applications for Registration—Display and Term of Certifl-
cate
Sec. 2. Every owner of one or more motor vehicles, shall,
before using the same on the public highways, file in the
office of the state board of public roads, on a blank fur¬
nished by said board, a statement, under oath, of his name,
residence, and post-office address, and'a brief description
of each motor vehicle owned or controlled by him, includ¬
ing the name of the maker, the number, if any, affixed by
the maker, the character of the motive power, and such
other information as shall be required by said board. The
horse power of every motor vehicle sought to be registered
shall be determined by the state board of public roads, and
such determination shall be final and conclusive. The said
board upon receipt of the proper fee shall then register
each such motor vehicle, assigning to it a distinguishing
number or mark, and shall thereupon issue to the owner
thereof a certificate of registration which shall contain the
name, place of residence, and post-office address of the
owner, and the number or mark assigned to such motor
vehicle, and such certificate shall at all times be carried
upon such motor vehicle, and shall be subject to examina-
368
rhode Island
tioa upon demand by any proper officer. Application for
such registration may be made by mail or otherwise to the
.atate board of public roads or its authorized agent. If
said board shall determine at any time that for any rea¬
son a motor vehicle is unsafe or improperly equipped, or
otherwise unfit to be operated, it may refuse to register
such vehicle, and said board may, after notice and an
opportunity for a hearing thereon, for like reasons revoke
any registration already recorded. The certificates pro¬
vided for in this section and in section three shall con¬
tinue in force until one year from the date of issue, and
upon the renewal of any such certificate said board or its
authorized agent shall re-assign the distinguishing num¬
ber or mark contained therein.
Begistration by Manufacturer or Dealer
Sec. 3. Every manufacturer of or dealer in motor vehicles
may, instead of registering each motor vehicle owned or
controlled by him, make application under oath to said
board for a general distinguishing number or mark, and
said board may, if satisfied as to the facts stated in said
application, issue to the applicant a certificate of registra¬
tion containing the name, place of residence, and post-office
address of the applicant, and the general distinguishing
number or mark assigned to him; and all motor vehicles
owned or controlled by such manufacturer or dealer shall,
until sold, or let for hire, or loaned for a period of more
than five successive days, be regarded as registered under,
and having assigned to them, such general distinguishing
number or mark. Manufacturers or dealers shall not be re¬
quired to carry such certificates upon the vehicles regis¬
tered under the provisions of this section, but every per¬
son operating a motor vehicle registered under the pro¬
visions of this section shall display on such vehicle, in such
manner as said board may prescribe, the operator's license
number assigned to such person.
Display of Markers
Sec. 4. Every motor vehicle, except motor cycles, shall, at
all times while being used or operated upon the public
369
AUTOMOBILE LAW
highways of this state, have displayed in a conspicuous
place and manner a plate or marker entirely unobscured,
and securely fastened, upon both the front and the rear
of such motor vehicle, the plate or marker on the rear
thereof to be fastened so as not to swing. Said plates or
markers shall be obtained from the state board of public
roads, as hereinafter provided, and shall bear the initial
letters of this state and the number and mark assigned to
such motor vehicle, the figures thereon to be not less than
four inches high and each stroke thereof to be not less
than one-half inch wide; and in ease of plates or markers
not in use on motor vehicles on the date that this act takes
effect, the letters and figures thereon to be not less than
four inches high and each stroke thereof to be not less than
one-half inch wide.
Motor Cycles to Display Marker—Mufifiers to Be Closed
Sec. 5. Every motor cycle shall, at all times while being
used or operated upon the public highways of this state,
have displayed thereon the initial letters of this state and
number or mark assigned to such motor cycle, such letters
and figures to be at least one inch high and either painted
on such motor cycle or displayed on a plate or marker se¬
curely fastened thereto, and no motor cycle shall be ope¬
rated with its muffler open.
Record of Registration—Cost of Markers—Transfer or Re¬
issue of Registration Number
Sec. 6. The state board of public roads shall keep a rec¬
ord of all statements filed with said board and of all cer¬
tificates issued by said board, which shall be open to pub¬
lic inspection; and said board shall furnish from time to
time, at cost price, to any person having a motor vehicle
registered under the provisions of this act, as many plates
or markers as may be required by such person for display
upon such motor vehicle. Upon the transfer of ownership
of any motor vehicle its certificate of registration shall ex¬
pire and the person in whose name such vehicle is regis¬
tered shall return forthwith the certificate of registration
370
RHODE ISLAND
to the state board of public roads with a written notice
containing the date of such transfer of ownership and
the name, place of residence and address of the new owner.
A person who transfers the ownership of a registered motor
vehicle owned by him to another, upon the filing of a new
application and upon the payment of a proper fee, may
have registered in his name another motor vehicle for the
unexpired portion of the year covered by the aforesaid
surrendered certificate provided the horse power of said
motor vehicle is the same or less than that of the motor
vehicle first registered by him; but if the horse power of
the motor vehicle is greater than that of the motor vehi¬
cle first registered by him, the applicant shall pay, in addi¬
tion to the said fee, the difference between the fee paid by
him for the said vehicle first registered and the fee for the
registration of a motor vehicle of the higher horse power,
as provided in section 8. The state board of public roads,
at its discretion, may assign to the motor vehicle of any
person who surrenders his registration certificate as herein
provided and who desires to register anotKer motor vehicle,
the register number of the motor vehicle described in the
surrendered certificate. In the event that any certificate
issued by said board under the provisions of this act shall
be lost or destroyed, said board may issue to the person
whose certificate has been so lost or destroyed, a duplicate
thereof. In the event that said board is unable to imme¬
diately furnish any plate or marker provided for by this
act to any person entitled thereto, said board may issue a
certificate to such person stating that such marker has
been ordered and giving the number thereof and such per¬
son may thereafter use a temporary plate or marker, simi¬
lar in form to the plate or marker provided for by this act,
until said plate or marker has been furnished.
Operator's License, Application for—Term—Display
Sec. 7. No person shall operate a motor vehicle upon the
public highways of this state until he shall have first ob¬
tained a license for that purpose, but nothing herein con¬
tained shall prevent the operating of a motor vehicle by an
371
AUTOMOBILE LAW
unlicensed person other than a person whose application
has been refused or whose license has been suspended or
revoked, if accompanied by a licensed operator, which
licensed operator shall also be personally liable for any vio¬
lation of the provisions of section eleven, twelve, or thir¬
teen of this act. Licenses for operating motor vehicles
shall be issued by the state board of public roads, but no
license shall be issued to any person under the age of six¬
teen years. Any applicant for a license to operate a motor
vehicle upon the public highways shall be required by said
board to show such knowledge of the mechanism of motor
vehicles, the rules of the road, and the motor vehicle law,
as will, in the opinion of said board, render said appli¬
cant a proper and safe person to operate said vehicle upon
the public highway. The state board of public roads may,
at its discretion, refuse to grant a license for operating a
motor vehicle upon the public highways to any applicant
whom, for any reason, it considers an improper person.
Applications for licenses snail be made under oath upon
blanks furnished by said board, and said application blanks
and said licenses shall be in such form and contain such
provisions, not inconsistent with this act, as said board may
determine. A number shall be assigned to each licensee,
and a proper record of all applications for licenses and of
all licenses issued shall be kept by said board at its office,
and shall be open to public inspection. Each license shali
state the name, place of residence, and postoffice address
of the licensee, and the number assigned to him. Said
licenses shall continue in force until one year from the
date of issue, unless suspended or revoked for cause, and
shall at all times be carried by the licensee when he is
operating a motor vehicle upon the highways of this state,
and shall be subject to examination upon demand by any
proper oflScer, and said licenses shall have endorsed thereon
in the proper handwriting of the licensee the name of said
licensee, and when requested by a proper officer, in the
discharge of his duties under this act, said licensee shall
write his name in the presence of said oflScer, to the end
that the identity of said licensee may be determined.
372
RHODE ISLAND
Fees for Begistration and License
Sec. 8. The following fees shall be paid to the state
board of public roads for the certificates and licenses is¬
sued by it in accordance with the provisions of this act:
For the registration of every motor cycle, one dollar.
For the registration of every commercial motor vehicle,
and every motor truck, regardless of the horse power
thereof, two dollars.
For the registration of every automobile of twenty horse
power or less, five dollars.
For the registration of every automobile over twenty horse
power and not more than thirty horse power, ten dollars.
For the registration of every automobile over thirty horse
power and not more than forty horse power, fifteen dollars.
For the registration of every automobile of more than forty
horse power, twenty-five dollars.
For the registration of all the motor vehicles owned by or
under the control of a manufacturer of or dealer in motor
vehicles, fifty dollars.
For each original license or duplicate thereof, to operate a
motor vehicle, other than a motor cycle, one dollar.
For each license, or duplicate thereof, to operate a motor
cycle, one dollar.
For the substitution of the registration of a motor vehicle
for that of a vehicle previously registered in accordance
with the provisions of section 6 of this chapter, one dollar.
Operator's License May Be Suspended or Bevoked for Cause
—Bight of Appeal—^Becord
Sec. 9. The state board of public roads may, after due
hearing upon not less than three days' notice in writing,
suspend or revoke the license issued to any person under
section seven of this act, for any cause which it may deem
sufllcient; but every applicant for a license whose appli¬
cation shall be refused by said board, and every licensee
whose license shall be suspended or revoked by said board,
may appehl to the superior court from such decision, re¬
fusal, or revocation, which court may affirm or overrule the
decision of said board. Every district court in this state
373
AUTOMOBILE LAW
shall in every case in which a person is convicted of a
violation of any of the provisions of sections eleven,
twelve, or thirteen of this act within ten days after such
convictions therein, transmit notice thereof to the state
board of public roads. Said courts may furnish to said
board the details of all flagrant cases which may be heard
before them, and they may make such recommendations to
said board as to the suspension or revocation of the licenses
of the parties defendant in such cases as they may deem
proper. Said board shall keep such data in its oflSce, which
shall be open to public inspection. Whenever any person
licensed to operate a motor vehicle upon the public high¬
ways of the state shall have been convicted of any viola¬
tion of sections eleven, twelve, or thirteen of this act,
said board may revoke the license of such person, and re¬
quire a return of the same. No person shall, for the period
of three months from the date of the revocation of his
license, be capable of receiving a new license, nor there¬
after except in the discretion of said board.
Non-Kesidents
Sec. 10. Any non-resident of this state who shall have
complied with the laws of the state or territory of the
United States in which he resides, requiring the registra¬
tion of owners of motor vehicles or of motor cycles, or of
both, and the display of identification numbers on such
vehicles, and who shall cause the identification numbers of
such state or territory, in accordance with the laws thereof,
and none other, together with the initial letter or letters of
such state or territory, to be displayed on his motor vehicle
while used or operated upon the public highways of this
state, may bring his motor vehicle into this state for use
on its highways without complying with the provisions of
the foregoing sections of this act: provided, however, that
if said non-resident shall use his motor vehicle on the high¬
ways of this state more than ten days in any one calendar
year he shall then be subject to and shall comply with
said provisions, and if he shall be convicted of violating,
on any of said ten days, any provisions of sections eleven,
374
RHODE ISLAND
twelve, or thirteen of this act, he shall immediately be
subject to and required to comply with all the provisions of
this act relating to the registration of motor vehicles and
licensing of operators thereof.
General Speed Sates
Sec. 11. No person shall operate or cause to be operated
a motor vehicle on the public highways of this state reck¬
lessly or at a rate of speed greater than is reasonable and
proper, having regard to the width, traflSc, and use of the
highway, or so as to endanger property or the life or limb
of any person, or in any event on any public highway,
where the territory contiguous thereto is closely built up,
at a rate of speed greater than fifteen miles per hour, or
elsewhere at a rate of speed greater than twenty-five miles
per hour, subject however to all other provisions of this
section and of this act relative to the operation of such
vehicles.
Special Speed Bates—Approaching Animals—^Law of Boad—
Duty in Case of Accident
Sec. 12. Upon approaching any person standing or walk¬
ing in the traveled portion of any public highway, or a
horse or any other draft animal being led, ridden, or
driven therein, or a crossing of intersecting public high¬
ways, or a bridge, or a sharp turn, or a curve, or a steep
descent, and also in passing such person or such horse or
other draft animal, and in traversing such crossing, bridge,
turn, curve, or descent, the person operating a motor vehicle
shall have the same under control and shall reduce its
speed to a reasonable and proper rate. If such horse or
other draft animal being so led, ridden, or driven shall
appear to be frightened or if the person in charge thereof
shall signal so to do, the person operating such motor
vehicle shall bring the same and the motor or other power
propelling the same immediately to a stop and, if travel¬
ing in the opposite direction, shall remain stationary so
long as may be reasonable to allow such horse or animal
to pass, or, if traveling in the same direction, shall use
375
AUTOMOBILE LAW
reasonable caution in thereafter passing such horse or other
animal. Upon approaching a crossing of intersecting high¬
ways, a bridge, sharp turn, curve, or a steep descent, the
person operating a motor vehicle shall slow down and give
a timely signal with his bell, horn, or other device for
signaling. Whenever two vehicles meet on a public high¬
way, the operator of each vehicle shall seasonably keep
to the right so as to pass without interference. Whenever
one vehicle overtakes another, the one in the rear shall
give timely signal as aforesaid, and shall pass on the left,
and the operator of the one in front shall seasonably bear
to the right so as to allow free passage on the left. The
driver of any motor vehicle on any highway, approaching
an intersecting highway, shall slow down and keep to the
right of the intersection of the centers of both highways,
when turning to the right, and pass to the right of the in¬
tersection of the centers of said highways before turning
to the left. Every driver of a motor vehicle, after know¬
ingly causing an accident by collision or otherwise, or
knowingly injuring any person, horse, or vehicle, shall
forthwith bring his motor vehicle to a full stop, return
to the scene of the accident, and give to any proper person,
demanding the same, the number of his driver's license,
the registration number of the motor vehicle, and the
names and residences of e,ach and every male occupant of
said motor vehicle.
Intoxication, Racing, Etc., Prohibited
Sec. 13. No person shall operate a motor vehicle, on the
public highways of this state, when intoxicated, or in a
race, or on a bet or wager, or for the purpose of making
a record.
Powers of Local Authorities
Sec. 14. No city or town shall have power to make any
ordinance, by-law, or resolution respecting the speed of
motor vehicles, and no ordinance, by-law, or resolution
heretofore or hereafter made by any city or town in re¬
spect to motor vehicles shall have any force or effect: Pro-
376
RHODE ISLAND
vided, however, that city and town councils of the several
cities and towns may exclude motor vehicles from certain
roads in their respective towns, and shall designate such
roads by public signs: Provided, that such roads excluded
shall not include state roads or main highways leading
from town to town; and provided, further, that powers
given to any city or town to regulate shows, processions,
assemblages, or parades in streets and public places, and
to regulate the use of public parks, and all ordinances,
by-laws, and regulations which may have been or which
may be enacted in pursuance of said powers shall remain
and be in full force and effect.
Markers Limited—Fictitious Markers Prohibited
Sec. 15. No motor vehicle, while in use on the public
highways of this state, shall have displayed upon either
the front or the rear of such vehicle, more than two regis¬
tration plates or markers, nor shall any person display, or
permit to be displayed, upon his motor vehicle the regis¬
tration number belonging to another vehicle or person, or
a fictitious number, plate, or marker.
Brakes—Mufflers—^Bells—Horns—^Lamps—^Locks—Chains
Sec. 16. Every motor vehicle, while in use on the public
highways of this state, shall be provided with adequate
brakes, with a muffler and with a suitable bell, horn, or
other device for signalling, and shall, during the period
from one hour after sunset to one hour before sunrise,
display one or more white lights on the forward part of
such vehicle, so placed as to be seen from the front, and
shall also display, on the rear of such vehicle, a lamp so
placed that it shall show a red light from the rear and a
white light at the side, and so arranged as to illuminate
the rear number or marker, all of which said lights shall
be of sufficient illuminating power as shall be prescribed
by the state board of public roads.
Every motor vehicle shall be provided with a lock, key,
or other device to prevent said vehicle from being set in
motion, and no person shall allow any such vehicle operated
377
AUTOMOBILE LAW
by him to stand or remain unattended in any street, avenue,
road, alley, highway, park, parkway, or other public place
without first locking or making fast the vehicle as above
provided. No motor vehicle tire shall be fitted with a
chain when used upon gravel, macadam, or other made
roads, except upon natural dirt, asphalt, cobble, Belgium
block, or vitrified brick pavements: Provided, however,
that tires may be fitted with a chain when reasonably
necessary for safety in case of slippery roads.
Tampering with Motor Vehicles Forbidden—^Becords by
Garage-keepers.
Sec. 17. No person shall interfere or tamper with a motor
vehicle without the permission of the owner. Every
manufacturer of and dealer in motor vehicles, and every
owner, proprietor, person in control, or keeper of a
garage, shall keep or cause to be kept in a book a proper
record of every automobile which enters and which leaves
his garage, stable or place of business. Said book shall
have blank columns and headings on every page as pre¬
scribed by the state board of public roads. All entries
in said book shall be made legibly in ink. The said book
shall be kept in some convenient place and shall be open
at all times to the inspection of the state board of public
roads, or its agents, and of any police officer or constable.
Fines and Penalties
Sec. 18. Any person violating any provision of sections
eleven or thirteen of this act shall for the first offense be
fined not more than two hundred dollars or imprisoned not
more than thirty days, or both; and shall for the second
offense be fined not more than five hundred dollars or im¬
prisoned not more than sixty days, or both; and shall for
the third offense within any one calendar year be impris¬
oned for not more than ninety days, and shall thereby for¬
feit his license and be thereby disqualified from obtaining
any such license within two years thereafter. Any person
making false affidavit under the provisions of sections two,
three, and seven of this act, or who shall register or cause
378
RHODE ISLAND
to be registered any motor vehicle in the name of any
person other than the owner thereof, shall be fined not
more than five hundred dollars or imprisoned not more
than sixty da3'S, or by both such fine and imprisonment.
Any person violating any other provision of this act shall
be fined not more than one hundred dollars or imprisoned
not more than thirty days, or both, for every such viola¬
tion, and any court before whom a final conviction shall
be had, under the provisions of section eleven, twelve, or
thirteen of this act, shall endorse upon the license of the
person convicted the date and particulars of such convic¬
tion.
Disposition of Moneys
Sec. 19. All money collected for registration and license
fees and fines under the provisions of this act shall be
turned over to the general treasurer, to be used for the
repair and maintenance of state roads and highways in this
state under the direction of the state board of public roads.
Arrest and Bail
Sec. 20. Any person arrested for violating any of the
provisions of this act may tender as bail a motor vehicle
of which he is the owner, and if his interest in such vehicle
is of sufficient value it may be accepted as security for his
appearance, in lieu of any other bail.
Certain Registrations Continue in Force
Sec. 21. All certificates of registration of motor vehicles
issued under the provisions of Chapter 1157 of the Public
Laws, passed at the January session, 1904, shall continue
in force for ninety days after this act shall go into effect,
but every owner of a motor vehicle so registered shall
register such motor vehicle in accordance with the provis¬
ions of this act before the expiration of said ninety days.
Use of Certain Number-Plates
Sec. 22. The state board of public roads may assign to
any motor vehicle, registered under the provisions of this
379
AUTOMOBILE LAW
act, the same registration number and the same plates or
markers heretofore assigned to it or used under the author¬
ity of Chapter 1157 of the Public Laws, passed at the
January session, 1904.
Custody of Former Records
Sec. 23. The secretary of state is hereby authorized and
directed to turn over to the state bo^rd of public roads all
records of the certificates of registration issued by him in
accordance with the provisions of Chapter 1157 of the
Public Laws, passed at the January session, 1904, which
shall be in his custody at the time this act takes effect.
Certain Appropriations
Sec. 24. The state board of public roads may employ such
assistance and incur such expense as may be necessary to
carry out the provisions of this act, and the sum of one
thousand dollars or so much thereof as may be necessary,
in addition to any sums heretofore appropriated is hereby
appropriated for the fiscal year ending December 31st,
A. D. 1909, and thereafter the sum of thirty-five hundred
dollars, or so much thereof as may be liecessary is hereby
annually appropriated out of any money in the treasury
not otherwise appropriated, to defray the expenses of such
board in carrying out the provisions of this act; and the
state auditor is hereby authorized to draw his order upon
the general treasurer for the payment of said sum, upon
the receipt by him of properly authenticated vouchers.
380
South Carolina
Motor Vehicle Law
[Approved March 7, 1905, as amended Feb. 21, 1906.]
Begistratioa, Necessity and Manner of—Fees
Section 1. Every owner of an automobile or motor vehicle,
whether the same be propelled by steam, gasoline, electric¬
ity or other source of energy, shall before operating said
vehicle, upon any of the streets or highways of this state,
file in the oflSce of the clerk of the court of the county
where such owner or operator resides, a statement contain¬
ing his name and address, with a brief description of the
character of such vehicle, including the name of the maker
and the number of the motor vehicle, and shall pay to the
clerk as a registration fee the sum of one dollar. The
said clerk of court shall thereupon issue such person a cer¬
tificate properly numbered, stating that such owner or
operator has registered in accordance with this section, and
shall cause the name of such owner, with his address and
the number of his certificate, and a description of the
motor vehicle, to be placed in alphabetical order in a book
to be kept for that purpose. Any person or persons, here¬
after acquiring an automobile, or wishing to operate one,
on any of the streets or highways of this state, shall,
within ten days after acquiring the same, register with the
clerk of the court of his county, as required by this sec¬
tion. This section shall not apply to any person manufac¬
turing or dealing in automobiles, or motor vehicles, ex¬
cept those for his own private use or those hired out. The
clerk of court shall number the certificates issued by him,
in the order in which they have been issued, and upon the
request of the holder of such certificate, shall stamp thereon
381
AUTOMOBILE LAW
the number of the same, or issue a duplicate showing the
number. (Sec. 1, Act of February 21, 1906.)
Display of Markers
Sec. 2. It shall be unlawful for any person to operate a
motor vehicle in this state without first having placed
on the back of such vehicle, in a conspicuous place, the
name of the county in which his certificate is filed, and
also the number of such vehicle, which name and num¬
ber shall be plainly placed or printed thereon, the number
in Arabic numerals, black on white ground, of not less than
three inches in height, and each stroke to be of width not
less than one-half inch. (Sec. 2, Act of February 21, 1906.)
General Speed Bates
Sec. 3. No person shall operate a motor vehicle on a pub¬
lic highway at a rate of speed greater than is reasonable
and proper at the time and place, having regard to the
traflSc and use of the highway, and its condition, or so
as to endanger the life, limb or property of any person,
or in any event at a greater rate than fifteen miles an
hour, subject, however, to the other provisions of this act.
(Sec. 1, Act of March 7, 1905.)
Special Speed Bates
Sec. 4. Upon approaching a crossing of intersecting pub¬
lic highways or a bridge, or a sharp curve, or a steep
descent, and also in traversing such crossing, bridge, curvfc
or descent, a person operating a motor vehicle shall have
it under control, and operate it at the rate of speed no
greater than six miles an hour, and in no event greater
than is reasonable and proper, having regard to the trafiBc
then on such highway and the safety of the public. (Sec.
2, Act of March 7, 1905.)
Approaching Animals, Etc.—^Warnings
Sec. 5. Upon approaching a person walking in the roadway
of a public highway or a horse or other draft animals,
being ridden or driven thereon, a person operating a motor
382
SOUTH CAROLINA
vehicle shall give warning of its approach, by signalling
with a horn, bell, or otherwise, not calculated to frighten
such animals, and use every reasonable precaution to in¬
sure the safety of such person or animals, and, in the case
of horses or other draft animals, to prevent frightening
the same, and at once to reduce the speed at which such
vehicle is being operated and hold same under control,
and if such horses or other draft animals appear fright¬
ened, to reduce the speed to not more than one-half the
speed permitted by the preceding section, and bring same
to stop if apparently necessary for the safety of such per¬
son or animal, having due regard to safety of passengers in
motor vehicle. (Sec. 3, Act of March 7, 1905.)
Signal of Distress
Sec. 6. A person operating a motor vehicle shall, at re¬
quest or upon signal by putting up the hand, from a per¬
son riding or driving a restive horse or horses, or other
draft animals, bring such motor vehicle immediately to a
stop, if necessary, having due regard for safety of persons,
vehicles and animals, and if traveling in opposite direc¬
tions, remain stationary so long as may be reasonable to
allow such animals or horses to pass. And if traveling in
the same direction, the person or persons operating the
motor vehicle shall not pass any person or persons in
charge of an animal or animals, if requested by such per¬
son or persons in charge of such animal or animals not to
do so, until such person or persons have gotten to a place
where they could drive such animal or animals out of the
road, or when passage could be safely effected, or where
such person or persons without just cause and excuse
intentionally obstruct the passage of any motor vehicle;
provided, that in case such horse or animal appear badly
frightened, or he is requested so to do, the person operat¬
ing such motor vehicle shall cause the motor of such vehi¬
cle to cease running so long as shall be reasonably neces¬
sary to prevent accident and insure the safety of persons,
vehicles and animals. (Sec. 3, Act of February 21, 1906.)
383
AUTOMOBILE LAW
Law of Road
Sec. 7. Whenever a person operating a motor vehicle shall
meet on the public highways any other person riding or
driving a horse or horses or other draft animals, or any
other vehicle, the person operating such motor vehicle shall
seasonably turn the same to the right of the center of such
highway, so as to pass without interference. Any person
operating a motor vehicle shall, on overtaking any such
horse, draft animal or other vehicle, pass on the left side
thereof, and the rider, driver of such horse, draft animal,
or other vehicle, shall, as soon as practicable, turn to the
right, so as to allow free passage on the left. (Sec. 5,
Act of March 7, 1905.)
Brakes—Bells—Horns—Lamps
Sec. 8. Every motor vehicle while in use on a public
highway shall be provided with good and eflBcient brakes
and also with a suitable bell, horn, or other signal, and be
so constructed as to exhibit during the period necessary
from or after sunset until not necessary before sunrise, a
white light visible within a reasonable distance in the
direction towards which the vehicle is proceeding, and a
red light in reverse direction; provided, that in case of
heavy fog, if necessary, such light shall be displayed in
the day time, before sunset and after sunrise. (Sec. 6, Act
of March 7, 1905.)
Fines and Penalties
Sec. 9. Any person or persons violating any of the pro¬
visions of this act, shall for each offense, be deemed guilty
of a misdemeanor, and upon conviction thereof by any
court of competent jurisdiction be liable to a fine of not
less than twenty dollars nor more than one hundred dol¬
lars, or imprisonment at hard labor for a term not exceed¬
ing thirty days. (Sec. 4, Act of February 21, 1906.)
384
SOUTH CAROLINA
"Motor Vehicles" Defined
Sec. 10. "Motor vehicles" as used in this act, includes
all vehicles propelled by gasoline or other explosive vapor,
steam, electricity, or other kindred power, but the provi¬
sions of this act do not apply to road rollers, nor to motor
vehicles run upon rails, or set tramways or tracks. (Sec. 8,
Act of March 7, 1905.)
385
South Dakota
Motor Vehicle Law
[Approved Feb. 24. 1905.]
Definitions
Section 1. The words and phrases used in this act shall,
for the purposes of this act only, be construed as follows:
1. "Motor vehicle" shall include all vehicles propelled by
any power other than muscular power, excepting such
motor vehicles as run only upon rails or tracks, provided
that nothing herein contained shall apply to traction en¬
gines or road rollers; 2. "Closely built up portions," shall
mean the territory of a city, town or village contiguous to
a public highway devoted to business or where for not
less than one-fourth (^) of a mile the dwelling houses on
such highway average not more than one hundred (100)
feet apart.
Application for Begistration—Fees
Sec. 2. Every owner of a motor vehicle shall, for every
such vehicle owned by him, file in the office of the secre¬
tary of state a statement of his name and address, with a
brief description of the vehicle to be registered, on a
blank to be prepared and furnished by such secretary for
that purpose. The filing fee shall be one (1) dollar.
Registration—^Record
Sec. 3. The secretary of state shall thereupon • file such
statement in his office, register such motor vehicle in a
book to be kept for that purpose, and assign it a number,
beginning with the number one (1) and so on in the order
of filing.
386
SOUTH DAKOTA
Registration, Transfer of
Sec. 4. Every person acquiring a motor vehicle shall file
a like statement with the secretary of state, and such
secretary of state shall, in like manner, file such statement,
register such vehicle and assign it a number. If the vehi¬
cle has previously been registered, such fact and number
assigned it shall be set forth in the statement, and the pre¬
vious registration shall be cancelled; but the number of
such previous registration may be assigned under the new
registrations.
Registration Seal—Display
Sec. 5. The secretary of state shall forthwith on such
registration, and without other fee, issue and deliver to the
owner of such motor vehicle a seal of aluminum or other
suitable metal, which shall be circular in form, not over
two (2) inches in diameter, and have stamped therein the
words "Registered ip the ofllee of secretary of state for
South Dakota, under the motor vehicle law, No. ,"
with the registration number inserted therein; which seal
shall thereafter at all times be conspicuously displayed on
the motor vehicle to which such number has been assigned.
Display of Marker
Sec. 6. Every motor vehicle shall also at all times have
the number assigned to it by the secretary of state dis¬
played on the back of such motor vehicle in such a manner
as to be plainly visible, the number to be in Arabic nu¬
merals, each not less than three (3) inches in height, and
each stroke to be of a width not less than one-half (!/•)
inch, and also as a part of such number the two capital
letters "S" and "D," each of which shall be of a height
not less than two inches, and each stroke to be of a width
not less than one-third of an inch.
Non-Residents
Sec. 7. The provisions of sections two (2) to five (5) in¬
clusive shall not apply to motor vehicles owned and oper-
387
AUTOMOBILE LAW
ated by non-residents of this state, provided the owners
thereof have complied with any law requiring the regis¬
tration of owners of motor vehicles in force in the state,
territory or federal district of their residence, and the reg¬
istration number showing the initial of such state, terri¬
tory or federal district shall be displayed on such vehicle
substantially as provided by section six (6) of this act.
General Speed Bates
Sec. 8. No person shall operate a motor vehicle on a
public highway at a rate of speed greater than is reason¬
able and proper, having regard to the trafBc and use of
the highway, or so as to endanger the life or limb of any
person, or in any event in the closely built up portions of
a city, town or village, at a greater rate than one (1) mile
in six (6) minutes, or elsewhere in a city, town or village
at a greater rate than one (1) mile in four (4) minutes,
or elsewhere outside of a city, town or village at a greater
rate than twenty (20) miles per hour; subject, however,
to the other provisions of this section. Upon approaching
a crossing of intersecting public highways, or a bridge, or
a sharp curve, or a steep descent, and also in traversing
such crossing, bridge, curve or descent, a person operating
a motor vehicle shall have it under control and operate it
at a rate of speed less than hereinbefore spedified, and in
no event greater than is reasonable and proper, having
regard to the traffic then on such highway and the safety
of the public.
Approaching Animals—Signal of Distress
Sec. 9. Any person operating a motor vehicle shall, at
request or on signal by putting up the hand, from a per¬
son riding or driving a horse or other draft or domestic
animals, upon the highway or upon and within one hun¬
dred feet of the highway, bring such motor vehicle imme¬
diately to a stop, or if such horse or other draft or domes¬
tic animals show signs of fright, he shall, whether signal
is given or not, stop at once; and if traveling in the oppo¬
site direction remain stationary so long as may be reason-
388
SOUTH DAKOTA
able to allow such horse or animals to pass, and, if travel¬
ing in the same direction, use reasonable caution in pass¬
ing such horse or animal, and the operator and occupants
of any motor vehicle shall render necessary assistance to
the party having in charge said horse or other draft animal
in so passing.
Brakes—Bells—^Homs—^Lamps
Sec. 10. Every motor vehicle while in use on a public
highway shall be provided with good and efficient brakes
and also with a suitable bell, horn or other signal, and be
so constructed as to exhibit, during the period from one
(1) hour after sunset to one hour before sunrise, one or
more lamps showing white light visible within reasonable
distance in the direction toward which such vehicle is pro¬
ceeding, and also a red light visible in the reverse direction,
showing the registered number of the vehicle in separate
Arabic numerals not less than one inch in height and each
stroke to be not less than one-quarter of an inch in width.
Powers of Local Authorities
Sec. 11. Cities and towns shall have no power to pass, en¬
force or maintain any ordinance, rule or regulation requir¬
ing of any owner or operator of a motor vehicle any li¬
cense or permit to use the public highway, or excluding or
prohibiting any motor vehicle whose owner has complied
with section two (2) or section four (4) of this act, from
the free use of such highway, and all such ordinances, rules
or regulations now in force are hereby declared to be of no
validity or effect; provided, that nothing in this act shall
be construed as limiting the power of local authorities to
make, enforce and maintain ordinances, rules or regula¬
tions in addition to the provisions of this act, affecting
motor vehicles which are offered to the public for hire.
Fines and Penalties
Sec. 12. The violation of any of the provisions of this act
shall be deemed a misdemeanor, punishable by a fine not
exceeding twenty-five dollars ($25) for the first offense,
389
AUTOMOBILE LAW
and punishable by a fine not less than twenty-five dollars
($25) nor more than fifty dollars ($50), or imprisonment
not exceeding thirty (30) days in the county jail for a sec¬
ond or subsequent offense.
Bight to Damages
Sec. 13. Nothing in this act shall be construed to curtail
or abridge the right of any person to prosecute a civil ac¬
tion for damages by reason of injuries to persons or prop¬
erty resulting from the negligent use of the highways by
a motor vehicle, or its owner, or his employe or agent.
Law of the Bead
Sec. 1856. (Code.) Whenever any persons shall meet each
other on any bridge or road, traveling with carriages, wag¬
ons, sleds, sleighs, or other vehicles, each shall pass to the
right of the middle of the traveled part of such bridge
or road, so that the respective carriages or other vehicles
aforesaid may pass each other without interference.
Same—Penalty
Sec. 1857. (Code.) Every person offending against the
provisions of the preceding section shall for each offense
forfeit a sum not exceeding twenty dollars, and shall also
be liable to the party injured for all damages sustained by
reason of such offense.
390
Tennessee
Motor Vehicle Law
[Approved April 4, 1905.]
Definitions—^Registration—^Fees
Section 1. Before any owner of any automobile, locomo¬
bile, motor cycle, or any other vehicle of like character
other than street railway cars hereinafter termed "auto¬
mobile" used for the purpose of transporting or conveying
persons or frieght, or for any other purpose, whether such
automobile is propelled by steam, gasoline or electricity,
or any other mechanical power, shall operate or permit to
be operated any automobile upon any street, road, highway
or any other pubilc thoroughfare, such owner shall regis-
■ ter such automobile with the secretary of state, giving the
motive power, and make of the same, together with the
name and residence address of such owner, and shall,
upon the payment of a fee of two (2) dollars, receive
from the secretary of state a certificate showing such
registration, which certificate shall be numbered as issued
in consecutive order beginning with '' 100'' and shall there¬
after, upon the payment of a fee of one (1) dollar, register
said certificate with the county court clerk of the county
in which such owner may reside. Whenever the owner¬
ship of such automobile shall become changed by sale or
otherwise, the purchaser thereof shall be required to
notify the secretary of state of such transfer and receive
a certificate in his name, for which he shall pay a fee of
one (1) dollar, and he shall be required to register such
certificate with the county court clerk of the county in
which he resides, and pay therefor a fee of fifty (50)
cents.
391
AUTOMOBILE LAW
Display of Markers
Sec. 2. A number in Arabic numerals of not less than
three inches in height and one and one-half inches in
width, corresponding to that assigned to such automobile
by the secretary of state in the certificate by him issued,
as hereinbefore provided for, shall be displayed in a con¬
spicuous manner at both the front and rear of such auto¬
mobile, which said number shall be plainly written, printed,
stamped or otherwise set out upon a durable and sub¬
stantial plate of the size of not less than four inches in
height and seven inches in length, and to be provided by
the owner of such automobile. In order to prevent con¬
fusion in numbers no municipality shall require the owuer
of any automobile to place thereon any other, or different
number than that required in this section, and such owner
shall not exhibit, or permit to be attached to such auto¬
mobile, any other or different number than that provided
for in said certificate.
General Speed Rates
Sec. 3. No automobile shall be run or driven upon any
road, street, highway or other public thoroughfare at a
rate of speed in excess of twenty miles per hour; Provided,
that any municipality shall have the authority to prescribe
a lower maximum rate of speed within its corporate limits.
Approaching Animals
Sec. 4. Whenever it shall appear that any horse or horses,
driven or ridden by any person or persons, upon any street,
road, highway or other public thoroughfare, is about to
become frightened by the approach of any automobile
from an opposite direction, it shall be the duty of such
person driving such automobile to bring the same to a full
stop until such horse, or horses, shall have passed; and
upon approaching any horse or horses from the rear it
shall be the duty of the driver of any automobile to
slow down his rate of speed and make known his approach
to such person, or persons, driving or riding such horse or
horses, by ringing a bell or sounding a horn, and should
such horse, or horses, appear to be frightened, to stop such
392
TENNESSEE
automobile for a time suflBcient for such person, or per¬
sons, to alight, if desired, and take hold of such horse
or horses, or otherwise control the same.
Bight to Damages—^Lien on Machine
Sec. 5. Whenever any suit for damage is brought in any
court of competent jurisdiction for injuries to person or
property, caused by the running of any automobile in
wilful violation of the provisions of this act, there shall
be a lien upon such automobile for the satisfaction of such
recovery as the court may award whether, at the time of
the injury, such automobile was driven by the owner
thereof or by his chauffeur, agent, employe, servant or any
other person using the same by loan, hire or otherwise.
Fines and Penalties
Sec. 6. A failure on the part of any person or persons,
to observe and comply with the provisions of this act shall
be deemed a misdemeanor punishable by a fine of not less
than twenty-five nor more than one hundred dollars.
393
Texas
Motor Vehicle Law
[Approved April 15, 1907.]
Application for Begistratiou
Section 1. All owners of automobiles or motor vehicles
shall before using such vehicles or machines upon the
public roads, streets or driveways, register with the county
clerk of the county in which he resides his name, which
name shall be registered by the county clerk in consecutive
order in a book to be kept for that purpose, and shall be
numbered in the order of their registration, and it shall
be the duty of such owner or owners to display in a con¬
spicuous place on said machine the number so registered,
which number shall be in figures not less than six inches
in height. The county clerk shall be paid by such owner
or owners a fee of fifty cents for each machine registered.
General Speed Bate—Power of Local Authorities
Sec. 2. No automobile or motor vehicle shall be driven or
operated upon any public road, street or driveway at a
greater rate of speed than eighteen miles an hour, or upon
any public road, street or driveway within the built up
portions of any city, town or village, the limits of which
shall be fixed by the municipal ofiScers thereof, at a greater
rate of speed than eight miles an hour, except where such
city or town by an ordinance or by-law allow a greater
rate of speed, provided the speed limit shall not apply to
race courses or speedways.
Same
Sec. 3. No person in charge of an automobile or motor
vehicle on any public road, street or driveway shall drive
394
TEXAS
the same at any speed greater than is reasonable and
proper, having regard to the traffic and use of the public
road, street, or driveway by others, or so as to endanger
the life or limb of any person thereon.
Racing Prohibited
Sec. 4. All drivers or operators of automobiles or motor
vehicles are prohibited from racing upon any public road,
street or driveway.
Approaching Animals—Signal of Distress
Sec. 5. Any person driving or operating an automobile or
motor vehicle shall at the request, or signal by putting
up the hand, or by other visible signal from a person rid¬
ing or driving a horse or horses or other domestic animal,
cause such vehicle or machine to come to a standstill as
quickly as possible and to remain stationary long enough
to allow such animal to pass.
Bells—Lamps
Sec. 6. Every driver or operator of an automobile or
motor vehicle shall have attached thereto a suitable bell
or other appliance for giving notice of its approach, so
that when such attachment is rung or otherwise operated
it may be heard a distance of three hundred feet, and shall
carry a lighted lamp between one hour after sunset and
one hour before sunrise.
395
United States
[There is no General Motor Vehicle Law of the United
States.]
[Sec. 4472, U. S. Kev. Stats., as amended by Act, March 3,
1905.]
Transportation of Automobiles on Passenger Steamers
No * * Camphene, nitroglycerin, naphtha, benzine,
benzole, coal oil, crude or refined petroleum, or other like
explosive burning fiuids, or like dangerous articles, shall be
carried as freight or used as stores on any steamer car¬
rying passengers. * * * Nothing in the foregoing or fol¬
lowing sections of this act shall prohibit the transporta¬
tion by steam vessels of gasoline or any of the products
of petroleum when carried by motor vehicles (commonly
known as automobiles), using the same as a source of mo¬
tive power; provided, however, that all fire, if any, in
such vehicles, or automobiles, be extinguished immediately
after entering the said vessel, and that the same be not
relighted until immediately before said vehicle shall leave
the vessel; provided, further that any owner, master, agent,
or other person having charge of passenger steam vessels
shall have the right to refuse to transport automobile ve¬
hicles the tanks of which contain gasoline, naphtha, or
other dangerous burning fluids.
396
Utah
Motor Vehicle Law
[Approved March 22, 1909.]
Definitions
Section 1. The words and phrases used in this act shall,
for the purposes of this act, unless the same be contrary
to or inconsistent with the context, be construed as follows:
(1) "Motor vehicle" shall include all vehicles propelled
by any other than muscular power, excepting such motor
vehicles as run only upon rails or tracks; provided, that
nothing herein contained shall, except as otherwise pro¬
vided, apply to motor cycles, motor bicycles, traction en¬
gines, road rollers, fire engines, ambulances or police patrol
wagons. (2) "Public highways" shall include any high¬
way, country road. State road, public street, avenue, alley,
park, parkway, driveway or public place in any city, town
or village. (3) "Closely built up" shall mean, (a) the
territory of any county, incorporated city or town contig¬
uous to a public highway which is at that point built up
with structures devoted to business, (b) The territory of
any county, incorporated city, town or village contiguous to
a public highway not devoted to business, where for not less
than one-quarter of a mile the dwelling houses on such
highway average less than three hundred feet apart, and al¬
so (c) the territory outside of a city, town or village con¬
tiguous to a public highway within a distance of one-half
mile from any postoffice; provided, that for a distance
of at least one-quarter of a mile within such limits the
dwelling houses on such highway average less than three
hundred feet apart; and provided, further, that the local
authorities having charge of such highway shall have
397
AUTOMOBILE LAW
placed conspicuously thereon signs of suflScient size to be
easily read by a person using the highway, bearing he
words "Slow down to ten miles per hour" and also an
arrow pointing in the direction where the speed is to be
reduced.
(4) "Local authorities" shall include all officers of
counties, cities, towns, villages, as well as all boards, coun¬
cils, trustees, committees, and other public oflScials of such
counties, towns, cities, or villages. (5) "Chauffeur"
shall mean any person operatng a motor vehicle as me¬
chanic, employee or for hire.
Application for Registration—Fees
Sec. 2. Sub. 1. Every person now or hereafter acquiring
or owning a motor vehicle shall, for every vehicle owned
by him, file in the oflSce of the secretary of state a state¬
ment of his name and address, with a brief description of
the vehicle to be registered, including the name of the
maker, factory number, style of vehicle and motor power,
on a blank to be prepared and furnished by the secretary of
state for that purpose; the filing fee thereof shall be two
dollars.
Registration Number
Sub. 2. The secretary of state shall thereupon file such
statement in his office, register such motor vehicle in a
book or index to be kept for that purpose, and assign it
a distinctive number.
Seal
Sub. 3. The secretary of state shall forthwith on such
registration, and without other fee, issue and deliver to the
owner of such motor vehicle a seal of aluminum or other
suitable metal, which shall be in circular form, approximate¬
ly two inches in diameter, and have stamped thereon the
words "Registered motor vehicle, No. State of Utah,"
with the registration number inserted therein; which seal
shall hereafter at all times be conspicuously displayed on
the motor vehicle, to which such number has been assigned.
398
UTAH
Display of Markers
Sub. 4. Every motor vehicle shall at all times, while being
used or operated upon the public highways of this State,
have the number assigned to it by the Secretary of State
displayed on the back or rear of such vehicle, in a conspic¬
uous place and manner, securely fastened so as not to
swing, and so as to be plainly visible, the numbers to be
in Arabic numerals and upon a plate or marker, the said
number to be followed by the initial letter of this State
on the plate or marker, the figures thereon to be four
inches high and each stroke thereof to be one-half and the
said letter thereon to be not less than one inch in height,
one inch wide, and at all times unobscured.
Begistration by Manufacturers and Dealers
Sub. 5. A manufacturer of or dealer in motor vehicles
or a proprietor of taxicabs shall register one vehicle of
each style or type manufactured, dealt in or used by him,
and be entitled to as many duplicate registration seals
for each type or style so manufactured, dealt in or used as
he may desire on payment of an additional fee of fifty
cents for each duplicate seal, said duplicate seals to be
designated by letters of the alphabet. If a registration
seal and the corresponding number shall thereafter be
affixed and displayed on every vehicle of such type or style
as in this section provided, while such vehicle is being
operated on the public highways, it shall be deemed a suf¬
ficient compliance with this act, until said vehicle shall be
sold. Nothing-in this subdivision shall be construed to ap¬
ply to a motor vehicle employed by a manufacturer or
dealer for private use.
Unregistered Vehicles Excluded Highways
Sub. 6. No motor vehicle shall be used or operated upon
the public highways of this state after thirty days from
the time this act takes effect, unless the owner shall have
complied in all respects with this section, except that any
person purchasing a motor vehicle from a manufacturer or
dealer or other person after this act goes into effect shall
399
AUTOMOBILE LAW
be allowed to operate such motor vehicle upon the public
highways for a period of ten days after the purchase and
delivery thereof, provided that during such period such
motor vehicle shall bear the registration number and seal
of the previous owner under which it was operated or
might have been operated by him.
Non-Besidents
Sub. 7. The provisions of this section shall not apply to
motor vehicles owned by non-residentS of the state and only
temporarily within this state; provided, that owners
thereof have complied with any law requiring the registra¬
tion of owners of motor vehicles in force in the state or
territory of their residence, and the registration number
showing the initial letter of such state or territory shall
be displayed on such vehicle substantially as provided in
this section.
General Speed Bates
Sec. 3. Sub. 1. No person shall operate a motor vehicle
on a public highway at a rate of speed greater than is rea¬
sonable and proper, having regard to the width, character,
trafiSc and use of the highwaj', or so as to endanger life or
limb on any public highway where the territory contiguous
thereto is closely built up, at a greater rate of speed than
one mile in six minutes; or elsewhere in any incorporated
city or town, or village, at a greater rate than one mile in
four minutes, or elsewhere outside of any incorporated city
or town, or village, at a greater rate than one mile in three
minutes; subject, however, to the other provisions of this
act.
Special Speed Bates
Sub. 2. Upon approaching a bridge, dam, sharp curve,
dugway or deep descent, and also in traversing such bridge,
dam, curve, dugway or descent, a person operating a motor
vehicle shall have it under control and operate it at a rate
of speed not exceeding one mile in ten minutes, and upon
approaching a crossing of intersecting highways at a rate
of speed not greater than six miles per hour.
400
UTAH
Approaching Animals—Signal of Distress
Sub. 3. Upon approaching any person walking in the
roadway or traveled portion of any public highway, or a
horse or any other draft animal being led, ridden, or driven
therein, or a crossing of intersecting public highways, or a
bridge or a sharp turn or curve, dugway, or a steep descent,
and also in passing such person, horse or other draft ani¬
mal, and in traversing such crossing, bridge, turn, curve,
dugway or descent, the person operating the motor vehicle
shall have the same under control and shall reduce its
speed. If such horse or other draft animal being so led,
ridden, or driven shall appear to be frightened, or if the
person in charge thereof shall request or signal so to do,
by putting up his hand, the person operating the motor
vehicle shall immediately stop, and if traveling in the op¬
posite direction, shall remain stationary so long as may
be reasonable to allow such horse or animal to pass; or, if
traveling in the same direction, shall use reasonable cau¬
tion in thereafter passing such horse or animal, so as to
prevent accidents and insure the safety of others, and to
prevent frightening the same, and shall not use the ex¬
haust cut-out of such vehicle when so approaching or pass¬
ing such horse or other draft animal.
Duty in Case of Accident
Sub. 4. In case of accident to a person or property on the
public highways, due to the operation thereon of a motor
vehicle, the person operating such motor vehicle shall stop,
and, upon request of a person injured, or any person pres¬
ent, give such person his name and address, and, if not the
owner, the name and address of such owner.
Speed Tests
Sub. 5. Local authorities may, notwithstanding the other
provisions of this section, set aside for a given time a
specified public highway for speed tests or races, to be
conducted under proper restrictions for the safety of the
public.
401
AUTOMOBILE LAW
Law of the Bead
Sec, 4. Sub. 1. Whenever a person operating a motor
vehicle shall meet on the public highway any other person
riding or driving a horse or horses, or other draft animals,
or any other vehicle, the person so operating such motor
vehicle shall reasonably turn the same to the right so as
to give half of the traveled road, if practicable, and a fair
and equal opportunity to pass, to the other without inter¬
ference; or, if they are traveling in the same direction,
the person overtaking shall pass on the left side of the per¬
son so overtaken, and the person overtaken shall give the
other a convenient opportunity so to pass, if it can be
done without endangering his own vehicle, person, horse,
or other draft animals.
Brakes—Bells—^Lamps
Sub. 2. Every motor vehicle while in use on a public high¬
way shall be provided with good and eflScient brakes, and
also with suitable bell, horn, or other signal, and be so
constructed as to exhibit, during the period from one hour
after sunset to one hour before sunrise, two lamps showing
white lights visible within a reasonable distance in the
direction towards which such vehicle is proceeding, and
also a red light visible in the reverse direction.
Powers of Local Authorities
Sub. 3. Subject to the provisions of this act, local au¬
thorities shall have no power to pass, enforce or maintain
any ordinance, rule or regulation requiring of any owner
or operator of a motor vehicle any license or permit to use
the public highways or excluding or prohibiting any motor
vehicle whose owner has complied with "Section 2 of this
act from the use of such highways, except such driveway,
speedway or road as has been or may be expressly set
apart by law for the exclusive use of horses and light car¬
riages, or except as herein provided, in any way affecting
the registration or numbering of motor vehicles or pre¬
scribing a slower rate of speed than herein specified at
which such vehicles may be operated, or by the use of the
402
UTAH
highways by such vehicles, contrary to or inconsistent with
the provisions of this act.
Civil Actions
Sub. 4. Nothing in this act shall be construed to curtail
or abridge the right of any person to prosecute a civil ac¬
tion for damages by reason of injuries to person or prop¬
erty resulting from the negligent use of the highways by a
motor vehicle or its owner or his employee agent.
Beglstratlon by Chauffeurs—Fees
Sec. 5. Sub. 1. Every person hereafter desiring to oper¬
ate a motor vehicle as a chauffeur shall file in the oflSce of
the secretary of state, on a blank to be supplied by such
secretary, a statement which shall include his name and
address and the trade name and motive power of the motor
vehicle or vehicles he is able to operate, and shall pay a
registration fee of two dollars.
Becord of Begistrations
Sub. 2. The secretary of state shall thereupon file such
statement in his office, register such chauffeur in a book or
index to be kept for such purpose, and assign him a num¬
ber.
Chauffeur's Badge
Sub. 3. The secretary of state shall forthwith, upon such
registration and without other fee, issue and deliver to
such chauffeur a badge of aluminum or other suitable metal,
which shall be in oval form, and the greater diameter of
which shall not be more than two inches, and such badge
shall have stamped thereon the words: "Kegistered Chauf¬
feur No. , State of Utah," with the registration
number inserted therein, which badge shall thereafter be
worn by such chauffeur pinned to his clothing in a con-
conspicuous place at all time while he is operating a motor
vehicle upon the public highways.
403
AUTOMOBILE LAW
Fictitious Badge Prohibited
Sub. 4. No chauffeur, having registered as hereinbefore
provided, shall voluntarily permit any other person to wear
his badge, nor shall any person while operating a motor
vehicle wear any badge belonging to another person, or a
fictitious badge.
Unregistered Operators Bzcept Owners, Excluded from
Highways
Sub. 5. No person shall operate a motor vehicle as chauf¬
feur upon the public highways after thirty days from the
time this act takes effect, unless such person shall have
complied in all respects with the provisions of this sec¬
tion. Nothing in this section shall apply to owners op¬
erating their own cars.
Sale and Transfer of Begistered Vehicle
Sub. 6. An owner of an automobile desiring to sell or dis¬
pose of said vehicle shall immediately notify the secretary
of state of such transfer, and may upon his request, and the
payment of $2.00 registration fee, have the number apply
to any other automobile owned or operated by him not al¬
ready registered as provided for.
Disposition of Fees
Sec. 7. All fees received or collected under the provisions
of this act shall be paid into the state treasury to be ap¬
plied to the state road fund.
Penalty
Sec. 8. Sub. 1. The violation of any of the provisions of
this act by any owner, chauffeur or operator of any motor
vehicle shall be deemed a misdemeanor, and punishable as
such.
Jurisdiction of Officers
Sub. 2. In all complaints or actions for the violation of
any of the provisions of this act the justice of the peace
before whom the same shall be tried shall have jurisdiction
and power to render judgment therein, and issue" process of
execution and mittimus thereon; but the defendant shall
have the right to appeal as in other cases.
404
Vermont
Motor Vehicle Law
[Public Statutes, 1907, Chap. 176, as amended Jan. 28, 1909.]
Definitions
Section 4075. The words "automobile" and "motor vehi¬
cle" as used in this chapter shall include all vehicles,
propelled by power other than muscular power, except
railway and railroad cars and motor vehicles running only
upon rails and tracks, and steam road rollers.
Registration Necessary
Sec. 4076. An owner of an automobile or motor vehicle
shall annually cause the same to be registered as pro¬
vided in section 4077 of this chapter.
Application for Registration—Fees
Sec. 4077. Application for such registration shall be
made to the secretary of state, upon blanks prepared by
him for that purpose. Such application shall contain a
statement of the name, place of residence and address of
the applicant, with a brief description of the automobile
or motor vehicle, including the name of its maker, the
number, if any, affixed by the maker thereon, the character
of its motive power, and the amount of such motive power
in figures of horse power, together with such additional
information as said secretary of state may require; and
with such application shall be deposited a registration
fee of one dollar for each horse power of such automobile
or motor vehicle. The second registration fee of an auto¬
mobile or motor vehicle shall be a sum equal to seventy-
five per cent of the amount of the first registration fee
405
AUTOMOBILE LAW
of such automobile or motor vehicle, and the third and each
successive registration fee thereafter shall be a sum equal
to the amount of fifty per cent of the first registration fee
of such automobile or motor vehicle. In determining the
amount of the registration fees under this section in the
year 1909, all automobiles or vehicles registered in 1907, or
prior thereto, shall be considered as having been registered
in the year 1908, and prior to December first of said year
shall be considered as having been registered once. The
registration of all automobiles or motor vehicles registered
prior to January 31, 1909, shall expire February 1, 1909;
and the registration of all automobiles or motor vehicles
registered on or after February 1, 1909, shall expire on
the thirty-first day of December, following such annual
registration. A person who has paid a registration fee
since December 1, 1908, shall be entitled, upon re-regis¬
tering such automobile or motor vehicle in the year 1909,
to deduct such fee from the amount of the fee herein¬
before provided for the first registration of such automo¬
bile or motor vehicle under this act. A person applying
for registration for an automobile or motor vehicle, shall
upon furnishing said registration certificate of this or any
other state, showing that such automobile or motor vehicle
has been registered for one year, or two years as the
case may be, or upon furnishing other satisfactory proof
of prior registration, be entitled to registration of such
automobile or motor vehicle upon payment of the regis¬
tration fee required for the second or third registration
of such automobile or motor vehicle, as the case may be.
A person applying for registration of an automobile or
motor vehicle on or after August 1 of any year, shall be
entitled to have such automobile or motor vehicle regis¬
tered upon payment of an amount equal to one-half of the
fee which the owner of such automobile or motor vehicle
would be required to pay if such automobile or motor
vehicle were registered prior to August 1 in said year.
The provisions of section 4080 of the public statutes,
in so far as the same conflict with the foregoing provisions
are hereby repealed. A person acquiring an automobile
406
VERMONT
or motor vehicle that is already registered, as provided by
this act shall not be required to pay an additional regis¬
tration fee during the year of such registration provided
that the person acquiring said automobile or motor vehicle
shall within five days after coming into possession of said
automobile or motor vehicle cause said automobile or motor
vehicle to be registered in his name. The fee for such
registration shall be one dollar, to be added to the mainte¬
nance fund hereinafter designated. In determining the
number of registration of an automobile or motor vehicle
for the purposes of annual registration such re-registra¬
tion shall not be counted as an annual registration.
Record of Begistration—Certificate—Display of Markers
Sec. 4078. The secretary of state or his duly authorized
agent, shall register in a book kept for that purpose, the
automobile or motor vehicle described in an application
provided by the preceding section, giving to such automo¬
bile or motor vehicle, a distinguishing number or other
mark, and shall forthwith issue to the applicant a certifi¬
cate of registration. Such certificate shall contain the
name, place of residence and address of the applicant, and
the registered number or mark given to such automobile
or motor vehicle, and shall also prescribe the manner in
which such registered number or mark shall be inscribed
or dilplayed upon the automobile or motor vehicle. Such
certificate shall be in such form and contain such further
provisions as the secretary of state may determine. Such
certificate shall always be carried in some easily accessible
place in the automobile or motor vehicle described therein.
Becord Subject to Inspection
Sec. 4079. A record of applications and certificates is¬
sued shall be kept by the secretary of state in his oflSce,
and shall be open to public inspection during reasonable
hours.
Expiration of Begistration
'Sec. 4080. Upon the sale of an automobile or motor ve¬
hicle its registration shall expire; and the vendor shall
407
AUTOMOBILE LAW
forthwith return the certificate of registration to the
secretary of state with notice of the sale and of the name,
place of registration and address of the vendee. (See last
part of section 4077.)
Eegistration hy Manufacturer or Dealer
Sec. 4081. A manufacturer of or dealer in automobiles
or motor vehicles may, instead of registering each auto¬
mobile or motor vehicle owned or controlled by him,
make application for a general distinguishing number or
mark for such automobiles or motor vehicles, upon a blank
to be provided by the secretary of state for that purpose.
Said secretary may, if satisfied of the truth of the facts
stated in such application, grant such application, and is¬
sue to the applicant a certificate of registration, contain¬
ing the name, place of residence and address of such ap¬
plicant, and the general distinguishing number or mark, or
marks, assigned to him, and such further provisions as
said secretary may determine. All automobiles or motor
vehicles owned or controlled by said manufacturer or dealer
shall, unless sold, let for hire, or loaned for a period of
more than five consecutive days, be regarded as registered
under such distinguishing number or mark. The annual
fee for such certificate shall be twenty-five dollars. The
term manufacturer or dealer as used in this section, shall
apply to a person, firm or corporation manufactimng or
dealing in automobiles or motor vehicles.
Unregistered Vehicle Excluded from Highway
Sec. 4082. No automobile or motor vehicle shall be oper¬
ated upon a public highway or a private way laid out under
the authority of law, unless registered as provided in the
preceding section.
Operator's License
Sec. 4083. Licenses for operating automobiles or motor
vehicles shall be issued by the secretary of state or a
duly authorized agent, and shall be in such form and shall
contain such provisions as said secretary may determine.
408
VERMONT
Such a license shall state the name, place of residence
and address of the licensee and the distinguishing num¬
ber or mark assigned to him.
Application for License—Markers—Fees
Sec. 4084. Application for such licenses shall be made
to the secretary of state upon blanks prepared by him
for that purpose. To each person so licensed shall be
assigned some distinguishing number or mark; and a proper
record of applications for licenses, and licenses issued
shall be kept by the secretary of state in his office and
shall be open to public inspection during reasonable hours.
The fee for such license shall be two dollars which shall be
paid annually.
Special Licenses—Fees
Sec. 4085. Special licenses for operating automobiles or
motor vehicles for hire, shall be issued by the secretary
of state but no such license shall be issued until the secre¬
tary of state or his duly authorized agent shall satisfy him¬
self that the applicant is a proper person to receive the
same. Such license shall be granted for one year only
and an applicant thereof shall pay a fee of two dollars.
Examination of Applicant
Sec. 4086. Before a license to operate an automobile or
motor vehicle is issued the applicant shall present such
evidence as to his qualifications as may be required by the
secretary of state or his agent.
Unlicensed Operator Excluded from Highways—Owner's
Consent to Use Machine Necessary
Sec. 4087. No person shall operate an automobile or motor
vehicle upon a public highway or private way laid out
under authority of law, unless licensed so to do, as pro¬
vided in this chapter. No person shall operate an auto¬
mobile, or motor vehicle for hire, unless specially licensed
so to do. No person shall employ for hire, as chauffeur or
operator of an automobile or motor vehicle, a person not
409
AUTOMOBILE LAW
specially licensed as provided in this chapter. No person
shall drive an automobile or motor vehicle without the
consent of the owner.
Display of License
Sec. 4088. A chauffeur or operator for hire shall, while so
acting, display the distinguishing number or mark assigned
to him, in such manner as may be prescribed by the sec¬
retary of state.
Non-Sesidents
Sec. 4089. A resident of another state or country who
has complied with the laws of his state or country relat¬
ing to the registration and licensing of automobiles or
motor vehicles, shall not be required to pay a registration
or license fee while operating an automobile or motor
vehicle in this state, provided that such other state or
country grants like privileges to the residents of this
state; except that a resident of another state or country
owning or operating an automobile or motor vehicle in
this state for a period exceeding tin days, and not more
than sixty days shall pay a license fee of three dollars
for each automobile or motor vehicle of twenty horse
power or less; six dollars for each automobile or motor
vehicle of more than forty horse power. And if said non¬
resident shall operate an automobile or motor vehicle in
this state for more than said sixty days, he shall be sub¬
ject to the same provisions of law r.s to registration as resi¬
dents, and in case of a registration after sixty days, the
amount already paid by said non-resident shall be deducted
from the amount of the fees required. Application for
registration shall be made as provided by section 4077
of this chapter. If such non-resident is convicted of a
violation of a provision of this chapter relating to the
manner of running or operating automobiles or motor
vehicles, or any violation of this chapter his license may
be revoked and canceled. The provisions of this section
and of section 4087 and 4088 of this chapter, shall not
prevent the operation of automobiles or motor vehicles by
410
VERMONT
unlicensed persons riding with or accompanied by a li¬
censed chauffeur or operator. A person violating the pro¬
visions of this section shall be imprisoned not more than
ten days or fined more than two hundred dollars, or
both.
Approaching Animals—Signals of Distress—Intoxication
Sec. 4090. A person having control or charge of an auto¬
mobile or motor vehicle shall, whenever upon a public
highway and approaching a vehicle drawn by a horse or
horses, or approaching a horse upon which a person is rid¬
ing, operate, manage and control such automobile or motor
vehicle in such manner as to exercise every reasonable
precaution to prevent' the frightening of such horse or
horses, and to insure the safety and protection of the
person riding or driving the same. If such horse or horses
appear to be frightened and the driver or rider of such
horse or horses stops them because of such fright, the per¬
son in control or charge of such automobile or motor
vehicle, shall stop the same, and shall rot proceed toward
such horse or horses, until they have passed such automo¬
bile or motor vehicle, or reached a place of safety, unless
the driver or rider of such horses or horses signals the
person in control or charge of such automobile or motor
vehicle to advance. No person shall operate or attempt to
operate an automobile or motor vehicle while in a state of
intoxication.
General Speed Bates—Power of Local Authorities
Sec. 4091. No automobile or motor vehicle shall be run on
a public way or private way laid out under authority
of statute, in a careless or negligent manner. If a person
runs an automobile or motor vehicle at a rate of speed
exceeding twenty-five miles an hour outside a city or
incorporated village or at a rate of speed exceeding ten
miles an hour within a city, incorporated village, or the
thickly settled part of a town, or at a rate of speed exceed¬
ing ten miles an hour across any bridge of more than fifty
feet span, it shall be prima facie evidence that the auto-
411
AUTOMOBILE LAW
mobile or motor vehicle was run carelessly or negligently.
Nothing herein contained shall be so construed as to affect
the rights of the selectmen of a town or the proper officials
of a city, or incorporated village, and said officials shall
have authority to make special regulations as to the speed
of such automobiles or motor vehicles upon narrow or
dangerous roads or ways. Such special regulations shall
be subject to an appeal to the state highway commis¬
sioner, whose decision in the case shall be final. No special
regulation shall be effective unless notice of the same is
posted conspicuously in such road or way a reasonable
distance from a point where such narrow or dangerous
place exists.
Penalty for Excessive Speed
Sec. 4092. A person who violates a provision of the pre¬
ceding section shall be imprisoned not more than ten days
or fined not more than fifty dollars, or both, with costs of
prosecution, for the first offense, and, for each subsequent
offense, shall be imprisoned not more than six months or
fined not more than two hundred dollars, nor less than
twenty-five dollars, or both, with costs of prosecution.
Markers—Manner of Display
Sec. 4093. The secretary shall furnish to each person
registering an automobile or motor vehicle, except motor
cycles, two enameled iron plates which shall not be less
than eleven inches in length and six inches in width. Such
plates shall have a white surface with black margins of
one-fourth of an inch, and the letters "VT." Such letters
shall be two inches in height with one-half inch strokes.
Such plates shall also bear the number given to such auto¬
mobile or motor vehicle, and such number shall be in black
Arabic figures not less than four inches in height, with a
stroke of three-fourths of an inch in width, and such figures
shall be placed at least one inch apart and before the
letters "VT." One of such plates shall be attached to the
front of the automobile or motor vehicle, in a secure
manner, so as to be plainly visible. The Other of such
4ia
VERMONT
plates shall be fastened to the rear of the automobile or
motor vehicle in a similar manner. Such plates shall not
be so arranged that they can be turned down or covered
up, and shall always be kept legible. Such plates shall
also bear the date of the year of the registration of such
automobile or motor vehicle, in lieu of the number plate
attached to the front of an automobile or motor vehicle,
upon making request to and being authorized by said
secretary of state, may cause said registration number to
be painted on front of the radiator of said automobile or
motor vehicle.
Brakes—Mufflers—Bells—Horns—^Lamps
Sec. 4094. An automobile or motor vehicle operated in
this state shall be provided with an adequate brake, a
muffler, and with a suitable bell or horn or other means
of signalling, and the person in control or charge of such
automobile or motor vehicle shall, in going around a corner
or curve in a highway, or on approaching an intersection
of the same, signal with bell or horn, and shall, during
the period from one hour after sunset to one hour before
sunrise, display lights with the registered number or mark
of such automobile or motor vehicle thereon, of such size
as may be prescribed by the secretary of state. From
sunset to sunrise, the rear identification plate shall be
illuminated from the outside, and the light which illumi¬
nates it shall be so situated that the visibility of the plates
shall not be impaired by the arrangement. From sunset
to sunrise, motor cycles shall be equipped with one lamp,
which shall be kept lighted while the cycle is being oper¬
ated.
Locks and Safety Device
Sec. 4095. An automobile or motor vehicle shall be pro¬
vided with a lock, key or other device, to prevent such
automobile or motor vehicle from being set in motion by
its own motive power; and no person shall allow an
automobile or motor vehicle operated by him to stand or
remain unattended in any street, avenue, road, alley,
413
AUTOMOBILE LAW
highway, park, parkway, or other public place, without
first locking or making fast such automobile or motor
vehicle.
Suspension or Bevocation of License
•Sec. 4096. The secretary of state may at any time suspend
or revoke a license for a violation of a provision of this
chapter, or any of the regulations made thereunder; and
said secretary or his duly authorized agent may, after
due hearing, suspend or revoke a certificate or license
issued under this chapter, for any cause which he deems
sufficient.
Penalty for Operating After Revocation
Sec. 4097. A person who operates or causes or permits a
person to operate an automobile or motor vehicle after
revocation or suspension of a certificate for such* auto¬
mobile or motor vehicle under this chapter, shall be impris¬
oned ten days or fined not more than two hundred dollars,
nor less than fifty dollars, or both. A person who violates
a provision of this chapter for which no penalty is other¬
wise provided shall be fined not more than one hundred
dollars.
Record of Convictions
Sec. 4098. A court convicting a person of violating a pro¬
vision of this chapter shall forthwith notify the secretary
of state of such conviction, with the number or mark of
the automobile or motor vehicle of such convicted person,
and all other information obtained. Such information
shall be recorded by the secretary of state in his office;
and if, at any time, it appears that a person has been
convicted of a first offense in more than one court in this
state, each conviction subsequent to the date of the first
one shall be deemed a subsequent offense, and such person
shall be subject to further prosecution therefor.
Jurisdiction of Offenses
Sec. 4099. Justices and municipal and city courts shall
have concurrent jurisdiction with the county court of
414
VERMONT
offenses arising under the provisions of this chapter; and
a person who violates a provision of this chapter may
be arrested without warrant; and the offender making the
arrest shall take such person before a justice or municipal
or city court, there to be held until a proper warrant can
be issued.
Disposition of Moneys
Sec. 4100. All fees recovered under this chapter shall be
deposited with the secretary of state at the time of mak¬
ing application and said secretary shall pay the same
quarterly into the state treasury. All expenses incurred
by the secretary of state under the provisions of this
chapter shall be deducted from the gross amount of fees
received from the provisions of this chapter, and the
balance shall be set apart as a separate fund to be called
the "Maintenance Fund," to be used in the repair and
maintenance of the main thoroughfares and state roads,
and the said money shall be expended upon such thorough¬
fares under the supervision and direction of the state
highway commissioner. Said commissioner shall make
such rules and regulations respecting the expenditure and
apportionment of such fund as in his judgment seem for
the best interests of the state. Said commissioner shall
cause such amounts of money to be expended in the several
counties of the state as shall correspond so far as prac¬
ticable to the amounts of registration and license fees
raised in the respective counties under the provisions of
this act. The said "Maintenance Fund" is hereby appro¬
priated for the purposes specified herein and the auditor
of accounts shall draw his orders therefor upon the regis¬
tration and approval of the state highway commissioner.
Exemption from Taxation
(Sec. 3, Act Jan. 28, 1909.) Automobiles or motor vehicles
shall be exempt from taxation.
115
Virginia
Motor Vehicle Law
[Approved Marcli 17, 1906.]
Unregistered Vehicle Excluded from Highways
Section 1. It shall be unlawful for any person or persons
except in accordance with the provisions of this act to run,
drive or operate any automobile, locomobile or any vehicle
of any kind, the motive power of which shall be electricity,
steam, gas, gasoline or any other motive power except
animals, and which said vehicles shall hereafter be called
machines, in this act, on or along or across any public road,
street, alley, highway, avenue or turnpike of any county,
city, town or village in the state of Virginia, except and
until such person shall comply with section two of this act.
Application for Registration—Certificate—^Markers—Fees—
Reissue
Sec. 2. Every owner of a machine shall register the same
by making application to the secretary of the common¬
wealth for a certificate of registration. The application
must contain the name of the applicant and his address
and place of residence, the name and a brief description of
the machine, with the number, if any, fixed by the maker.
(a) The secretary of the commonwealth shall issue a
certificate of registration in duplicate giving the machine
in question a number which shall distinguish it. One of
the certificates of registration must be firmly attached to
the machine in an easily accessible place, and shall be in
form as follows:
This is to certify that is the owner of a
machine numbered .
416
VIRGINIA
That his (or her) residence is ; his (or her)
postoffice address is ; and that he (or she) hath
obtained this certificate according to law on the
day of , nineteen hundred and .
Tester:
Secretary of the Commonwealth of Virginia,
(b) A number plate must also be delivered to the appli¬
cant by the secretary of the commonwealth, upon which
the number assigned must be painted in Arabic numerals,
not less than four inches in height, followed by the letters
"VA." And this plate must always be in evidence upon
the rear of the machine.
(c) The fee for the ce'rtificate and plate shall be two
dollars ($2.00), which amount shall be paid to the secre¬
tary of the commonwealth.
(d) If the owner of a machine shall furnish satisfactory
proof of the loss of his certificate of registration or number
plate, then the secretary of the commonwealth shall fur¬
nish one or both, giving the same number as originally held,
upon the payment of the fee designated in sub-section c
of this section.
Lamps
Sec. 3. Every machine operator in this state shall have
displayed from one hour after sunset to one hour before
sunrise at least one white light throwing a bright light at
least one hundred feet in the direction in which the ma¬
chine is going, and also shall exhibit on the rear of the ma¬
chine one red light, which shall effectually illuminate the
number tag on the rear.
Transfer and Be-Beglstration
"Sec. 4. Should the owner part with the machine or any
interest in it in the year following the date of the certifi¬
cate, it shall be the duty of the purchaser to take out a
new certificate in accordance with the provisions of this
act; nor shall the number of any machine be changed
during the life of the certificate, and there shall be only
one number placed on each machine.
417
AUTOMOBILE LAW
Qeneral Speed Bates
Sec. 5. An operator of a machine shall not drive in the
corporate limits of any city or town at a greater rate of
speed than twelve (12) miles an hour. Outside of the
corporate limits of any city or town a speed of fifteen
miles an hour is permissible, except in going around curves,
down sharp declines, or at the intersection of any cross¬
roads, or over the crest of hills, or in passing other vehicles
or riders on roadways, when a rate of speed that will tend
to avoid danger must be observed.
Duty when Passing Along Turnpikes
Sec. 6. It shall be the duty of the owner or the driver of
every machine run upon any thrnpike upon passing a toll-
gate to exhibit his certificate to the toll-gate keeper, who
shall enter the name and address of the owner and the
number of the machine, together with the hour and day
of the passage through the gate of the machine, in a book
kept for such purposes, which book shall be furnished all
the toll-gate keepers by the several boards of supervisors.
And it shall be the duty of the owner or driver of any
machine to produce his certificate for inspection when so
requested by the sheriff or any constable, policeman or
peace officer.
Disposition of Moneys
Sec. 7. Of the two dollars ($2.00) to be paid for the cer¬
tificate fifty (50) ceirts shall be retained by the clerk for
the issuance of such certificate, and the balance shall be
turned over to the treasurer of the county or city and
placed to the credit of said county or city for the purpose
of reimbursing said county or city for the expense entailed
by this act.
Special Speed Bates
Sec. 8. The following rate of speed may be sustained,
but shall not be exceeded on any of the highways set forth
in section one, of any city, town or village, or county in
this state by any one driving a machine,
418
VIRGINIA
(a) A speed of eight miles an hour around curves or
bends or where the roadway is not plainly visible for a
distance of two hundred feet ahead, and at the intersection
of prominent cross-roads when such road or highway passes
through the open country.
(b) A speed of eight miles per hour where a street or
highway passes the built-tfp portions of a city, town or
village.
(c) A speed of eight miles an hour at points on any
public highway when there is a gathering of horses or
persons. Otherwise the rate of speed may be fifteen miles
per hour, but not more, and this rate is subject to the con¬
ditions set forth in the succeeding sections of this act.
Approaching Animals in Opposite Direction—Signal of Dis¬
tress
Sec. 9. The owner, operator, conductor, driver or occupant
of any such machine shall keep a careful look ahead for
the approach of horseback riders or vehicles drawn by
horses or other animals, and upon the approach of such
riders or vehicles shall felow up, keep his machine under
thorough and careful control, give ample roadway to such
rider or vehicle, and if signalled by such rider or occupant
of such vehicle, or be otherwise requested thereto, shall
immediately bring his vehicle to a full stop and allow
ample room and time to allow such rider or vehicle to pass.
And if requested so to do by said rider or the occupant of
said vehicle, the owner, operator, conductor, driver or
occupant, if a male, of any such machine, shall lead the
horse or horses past his machine. Should any horse ridden
or driven in an opposite direction to that which the ma¬
chine is traveling give evidence of fright, then the duty
of the driver shall be the same as if he had been signalled
to by the rider of the horse or the occupant of the vehicle.
Approaching Animals in Same Direction—Brakes, Bell, Horn,
Lock
Sec. 10. When the operator, owner, occupant, conductor,
or driver of such machine overtakes a horse or vehicle
419
automobile law
traveling in the same direction with himself he shall slow
down his speed, signal for the road by bell or gong or
horn, and if the horse or other vehicle stop, shall pass at
a rate of speed not greater than four miles per hour.
Should such vehicle or ridden horse not stop and the said
operator, owner, driver, conductor or occupant of said
machine desire to pass he shall do so at a rate of speed
not greater than may be necessary, and shall in all cases
use diligence and care not to frighten the horse or horses.
In case of a machine passing a horse or vehicle going in
the same direction the provision of section nine of this act
shall apply to the operator, owner, driver, occupant or
conductor of the machine, except that in such case the
horse or horses shall be held until the horse becomes quiet,
and then the machine may proceed. Every machine shall
be provided with a lock, key or other device to prevent
its being set in motion, and no person shall allow any such
machine operated by him to stand or remain unattended in
any street, avenue, road, alley, highway, park, parkway
or any other public place without first locking or making
fast the machine as above provided. Every machine shall
be provided with a good and sufficient brake, or brakes,
and shall also be provided with a suitable bell, horn or
other signal device.
Fines and Penalties—Right of Appeal
Sec. 11. Any person failing to perform any duty imposed
by any section of this act, or violating any provision or
condition herein set forth, shall for each offense be fined
not less than ten dollars, or imprisoned in jail not less
than five nor more than thirty days, or both, in the discre¬
tion of the justice of the peace before whom the case may
be tried. An appeal may be taken to the circuit court of
the county or corporation or hustings court of the city,
in accordance with the general law governing appeals in
misdemeanor cases.
Liability for Damages—Bail—Notice
Sec. 12. In addition to such fine or imprisonment any
person violating any of the provisions of this act shall be
420
VIRGINIA
liable for damages actually incurred by reason of such
violation and the machine may be seized and impounded
anywhere in any county or city of the state upon the order
of the justice of said county or city in which the offense
is committed, and may, by order of the justice, be sold to
pay such fine or damage. But before any judgment shall
be entered in said proceedings the owner of such machine
shall have notice of the same by publication or otherwise,
according to law, and allowed an opportunity to make de¬
fense, and the driver of the machine shall be deemed an
agent of the owner for the purpose of serving process.
Execution and Sale—^Notice
Sec. 13. In case when any such machine shall be im¬
pounded as provided in the preceding section and judgment
be against the owner, the sheriff, constable or sergeant,
as the case may be, shall fix upon a time and place for the
sale thereof, and post notices of the same for at least ten
days before the date of the sale, at three or more public
places in his county or corporation, and shall publish notice
of sale in some newspaper published in the county or city
for two consecutive weeks. At the time and place so
appointed such officer shall sell to the highest bidder for
cash the said machine; and the surplus, if any there be
after deducting the amount of fine, cost and damage, shall
be paid to the owner of the machine.
Act Operative Only in Certain Counties
Sec. 14. This act shall apply to all counties in this state
whose board of supervisors shall, by a recorded vote, adopt
the same and to none other, and upon such adoption this
act as to such county shall become immediately operative.
Certain Vehicles Excepted—Powers of Local Authorities—
Bight to Damages
■Sec. 15. Nothing in this act shall apply to the machines
known as traction engines, or to any locomotive engine,
or electric car running on rails or motor bicycles. Nor
shall it apply to any incorporated city or town which now,
421
AUTOMOBILE LAW
or shall hereafter hare ordinances governing the operation
of machines within their corporate limits, unless the coun¬
cil of such city or town shall adopt this act in accordance
with the provisions of section twenty; and nothing con¬
tained in this act shall affect the right of any person in¬
jured in his person or property by the negligent operation
of any machine to sue and recover damages as heretofore.
Notice of Adoption by Counties
Sec. 16. Every board of supervisors or council adopting
this • act shall at once notify the Secretary of the Com¬
monwealth, who shall keep a record of the counties or
cities so adopting open to public inspection.
422
Washingfton
Motor Vehicle Law
[Approved March 11, 1905.]
Unregistered Vehicle Excluded from Highways
Section 1. No automobile or motor vehicle shall be used
or operated on any public high road, highway, park or
parkway, street or avenue within the state until the owner
shall have complied with sections two, four and five of
this act.
Application for Begistration
Sec. 2. The owner of every automobile or motor vehicle
shall file in the office of the secretary of state annually
before June first a statement of his name and address,
together with a brief description of every such vehicle
owned by him, and shall obtain from said secretary a
numbered certificate for each of said vehicles, which cer¬
tificate shall state the name of the owner of such vehicle
and that he has registered in accordance with the pro¬
visions of this act. These certificates shall be numbered
consecutively, beginning with one.
Record
Sec. 3. The secretary of state shall keep a record of all
such statements and of all certificates issued by him, with
their numbers.
Fees
Sec. 4. The fee for issuing said certificate shall be two
dollars and the fee for each renewal thereof shall be two
dollars.
423
AUTOMOBILE LAW
Markers
Sec. 5. The number of each certificate, preceded by the
letters "Wn.," shall be displayed upon the back of such
automobile or motor vehicle in light colored Arabic numer¬
als at least four inches high on a dark background.
Nou-Besidents
Sec. 6. The provisions of the previous sections shall not
apply to automobiles, motor vehicles or motorcycles owned
and operated by non-residents of this state; provided, the
owners thereof have complied with any law requiring the
registration of owners of automobiles, motor vehicles or
motorcycles in force in the state, territory or federal dis¬
trict of their residence, and the registration number show¬
ing the initial of such state, territory or federal district
shall be displayed on such vehicle substantially as pro¬
vided by section five of this act.
Lamps
Sec. 7. Every automobile or motor vehicle when driven on
any public road, highway, park or parkway, street or
avenue within this state shall, during the hours of dark¬
ness, have fixed upon some conspicuous part thereof at
least one lighted lamp, showing white to the front and red
to the rear, and shall have the license or certificate number
of said vehicle painted in dark Arabic numerals across the
white glass in said lamp.
Muflaer, Bell, Horn—Law of Road
Sec. 8. Every automobile or motor vehicle using gasoline
as motive power shall use the "muffler," so-called, and the
same shall not be cut out or disconnected within the limits
of any city or village within this state. Every automobile
or motor vehicle shall be provided with good and efficient
brakes and with a bell or horn, which shall be rung or
blown whenever there is danger of collision or accident.
The driver or operator of every-automobile or motor vehicle
shall turn to the right in meeting vehicles, teams and
424
WASHINGTON
persons moving or headed in an opposite direction, and
turn to the right in passing vehicles, teams and persons
moving or headed in the same direction.
Approaching Animals—Signal of Distress
Sec. 9. Every person having control or charge of any
automobile or motor vehicle, whenever upon any public
street or way, and approaching any vehicle drawn by a
horse or horses, or any horse upon which any person is
riding, shall operate, manage and control such automobile
or motor vehicle in such manner as to exercise every
reasonable precaution to prevent the frightening of any
such horse or horses, and to insure the safety and protec¬
tion of any person riding or driving the same. And if
such horse or horses appear frightened, the person in con¬
trol of such motor vehicle shall reduce its speed, and, if
requested by signal or otherwise by the driver of such
horse or horses, shall not proceed further toward such
animal unless such movement be necessary to avoid acci¬
dent or injury, or until such animal appears to be under
the control of its rider or driver.
(General Speed Bates
Sec. 10. No person, driver or operator in charge of any
automobile or motor vehicle on any public road, highway,
park or parkway, street or avenue within the state shall
drive, operate, move, or permit the same to be driven,
operated or moved at a rate of speed faster than one (1)
mile in five (5) minutes within the thickly settled or busi¬
ness portion of any city or village within this state, nor
outside of such thickly settled or business portion of any
city or village on any public road, highway, park or
parkway, street or avenue, at a rate of speed faster than
one (1) mile in two and one-half (2%) minutes; nor over
any crossing or crosswalk within the limits of any city
or village, at a rate faster than one mile in fifteen (15)
minutes when any person is upon the same.
425
AUTOMOBILE LAW
Special Speed Bates
See. 11, No person driving or in charge of any automo¬
bile, or motor vehicle on any highway, townway, public
street, avenue, driveway, park or parkway, shall drive the
same at any speed greater than is reasonable and proper,
having regard to the traflBc and use of the way by others,
or so as to endanger the life and limb of any person; and
racing any such vehicle on any way or parks is hereby
forbidden.
Powers of Local Authorities
Sec. 12. Cities, towns and counties shall have no power to
pass, enforce or maintain any ordinance, rule or regulation
requiring of any owner or operator of any automobile or
motor vehicle, any license or permit to use the public roads,
highways, park or parkways, streets or avenues, or exclud¬
ing or prohibiting any automobile or motor vehicle whose
owner has complied with sections 2, 4 and 5 of this act
from the free use of such public road, highway, park or
parkway, street or avenue, and all such ordinances, rules
and regulations now in force are hereby declared to be of
no validity or effect; provided, that nothing in this act
shall be construed as limiting the power of local authori¬
ties to make, enforce and maintain ordinances, rules or reg¬
ulations, in addition to the provisions of this act, affecting
automobiles or motor vehicles which are offered to the
public for hire.
Fines and Penalties
Sec. 13. The violation of the provisions of this act shall
be deemed a misdemeanor, punishable by a fine not exceed¬
ing one hundred dollars.
Penalty for Violation of Speed Bates
Sec. 279. (Chap. 249. L. 1909.) Every person who shall
drive or operate, and every owner, lessee or other person
in charge thereof who shall permit to be driven or operated,
any automobile or motor vehicle on any public road, high¬
way, park or parkway, street or avenue, within this state;
426
WASHINGTON
1. Within a thickly settled or business portion of any city
or town, at a rate of speed faster than one mile in five
minutes; or 2. Over any crossing, cross-walk or street in¬
tersection within the limits of any city or town, when any
person is upon the same, at a rate of speed faster than
one mile in fifteen minutes; or 3. At any other place at a
rate of speed faster than one mile in two and one-half
minutes; or 4. Upon any public road, highway, park, or
parkway, street or avenue, at any unsafe or unreasonable
rate of speed, having proper regard to the safety of any
other person or persons using the same, shall be guilty
of a misdemeanor. (Approved March 22, 1909.)
Penalty for Fraudulently Obtaining Automobile
Sec. 376. (Chap. 249. L. 1909.) Every person who shall ob¬
tain from another the possession or use of any • * »
automobile, without paying therefor, with intent to de¬
fraud the owner thereof, or who shall obtain the posses¬
sion or use thereof by color or aid of any false or fraudu¬
lent representation, pretense, token, or writing, or shall ob¬
tain credit for such use by color or aid of any false or
fraudulent representation, pretense, token, or writing, or
who having hired property shall recklessly, wilfully or
wantonly, or by gross negligence, injure or destroy, or
cause, suffer, allow or permit the same, or any part thereof,
to be injured or destroyed » * * shall be guilty of a
misdemeanor, (Approved March 22, 1909.)
427
West Virginia
Motor Vehicle Law
[Chap. 82, Acts 1907.]
Operator's License Required
Section 1. No person without a state license shall * • •
(q) maintain or operate an automobile or vehicle of like
nature.
Application for License—Markers—Display—Fees—Fines—
Penalties
Sec. 44. A license to maintain an automobile shall be
granted by the auditor to the owner thereof, and shall be
co-extensive with the state. Such licenses shall be num¬
bered consecutively and a record shall be kept showing
the name of the person to whom each license is granted.
In addition to the certificate of license the auditor shall
furnish to every such licensee two metal tags or plates,
bearing the same number as the license and the word
"licensed," which shall be printed on such tag or plate
in plain letters. One such tag or plate shall be securely
attached in a conspicuous place on the front and the other
on the rear end of such automobile. Any person other
than the owner of the automobile licensed who shall deface
or destroy such tag or plate shall be guilty of a misde¬
meanor, and upon conviction thereof shall be fined not
less than five dollars nor more then twenty-five dollars.
Duplicates of any such tag or plate may be issued by the
auditor to the person to whom the original was issued
upon payment of the fee of one dollar for each. Any
person who shall maintain or operate an automobile with¬
out such tag or plate or with one bearing any other num¬
ber than that of the license issued therefor, shall be guilty
428
WEST VIRGINIA
of a misdemeanor, and on conviction thereof shall be fined
not less than twenty nor more than one hundred dollars.
In any controversy respecting the identity or ownership
or control of an automobile, the number borne by it shall
be prima facie evidence that it was owned and operated
by the person to whom the license therefor was issued.
If a license for an automobile be issued to any person other
than the owner, it shall be invalid and such automobile
shall be deemed to be maintained and operated without a
license. It shall be the duty of the assessor to report to
the auditor during the month of July of each year on
blanks prepared by the auditor, the names of the owners
of all automobiles listed by him in his county for taxation.
Law of the Bead
Sec. 1439. (Code 1906.) Any driver of a vehicle meeting
any other vehicle on a road or bridge, shall seasonably
drive to the right, if the width thereof will permit, so that
they may pass each other without interference. And
when a vehicle is overtaken by another vehicle, the driver
of which desires to pass the other, the driver of the former,
upon being informed of such desire, shall bear to the right,
and the driver of the latter to the left, until the latter
shall have passed. Any driver failing to do so shall for¬
feit two dollars.
429
Wisconsin
Motor Vehicle Law
[Act 1905, as amended July 1907 and June 1909.]
Application for Begistration—Fees—^Becord—^Display of
Markers—Transfer or Beissue of Certificate
Section 1. No automobile, motorcycle, or other similar
motor vehicle shall be operated, ridden or driven along or
upon any of the public highways of the state unless the
same shall have been registered in accordance with the
provisions of this act. 2. Application for such registra¬
tion may be made by mail or otherwise to the secretary of
state upon blanks prepared under his authority for that
purpose. Blank applications shall be kept in the offices of
the county clerks throughout the state. 3. The application
shall contain a statement of the name, place of residence
and address of the applicant, with a brief description of
the automobile, motorcycle, or other similar motor vehicle,
including the name of such vehicle, the number, if any,
affixed by the maker, tie character or motor power and
the amount of such motor power stated in figures of horse¬
power and with each application shall be deposited a reg¬
istration fee as hereinafter provided. 4. The secretary of
state or his duly authorized agent shall then register in a
book to be kept for that purpose, the automobile, motor¬
cycle, or other similar motor vehicle described in said
application, giving to such automobile, motorcycle, or
other similar motor vehicle a distinguishing number, and
shall thereupon issue to said applicant a certificate of reg¬
istration which shall contain the name, place of residence
and address of the applicant, the registered number as¬
signed, the date of registration and a brief description of
430
WISCONSIN
the automobile, motorcycle, or other similar motor vehicle
so registered. Said certificate of registration shall always
be in the possession of the operator or firmly attached in
some accessible place in the automobile, motorcycle, or
other similar motor vehicle described therein. 5. There
shall be paid to the secretary of state for the registration
of each automobile a fee of two dollars and for the reg¬
istration of each motorcycle a fee of one dollar. 6. All
certificates of registration of motor vehicles heretofore is¬
sued shall continue in force for ninety days after this act
shall go into effect, but every owner of a motor vehicle
so registered shall re-register such motor vehicle in ac¬
cordance with the provisions of this act before the ex¬
piration of said ninety days, and pay the sum of one dollar
to the secretary of state for such re-registration. 7. The
secretary of state shall issue and deliver to each owner of
an automobile, an ofScial number plate of uniform size
and design, containing in three inch Arabic numerals, fol¬
lowed by the letter "W," the distinguished number so as¬
signed to said motor vehicle, which said number plate
shall be placed in a conspicuous place on the rear of such
automobile or other similar motor vehicle and be so kept
and displayed at all times where the same can be readily
and distinctly seen. 8. The secretary of state shall also
issue and deliver to each owner of a motor cycle, an ofdcial
number plate of uniform size and design, which shall have
displayed thereon the initial letter of the state and the
number assigned to such motor cycle, such letter and fig¬
ures to be at least one inch high, securely fastened thereto.
9. Upon the sale of such automobile, motor cycle, or other
similar motor vehicle said certificate or registration and
number plate shall be returned to the secretary of state and
the new owner shall make application for a certificate of
registration and number plate and pay the fee of two dol¬
lars, in the manner hereinbefore provided. 10. Eecord of
all applications and certificates issued shall be kept by the
secretary of state at his office and shall be open to the
inspection of all persons during reasonable business hours.
11. Upon satisfactory proof of the loss or destruction of
431
AUTOMOBILE LAW
any certificate of registration or number plate, the secre¬
tary of state shall issue a duplicate thereof to the owner
of such automobile, motorcycle, or other similar motor
vehicle, upon the payment of a sum not exceeding one dol¬
lar to cover the cost of such duplicates.
Begistration by Manufacturer or Dealer—^Fee—Beissue
Sec. 2. 1. Every manufacturer of, or dealer in automo¬
biles, motorcycles or other similar motor vehicles may,
instead of registering each automobile, motorcycle or
other similar motor vehicle owned or controlled by him
make application upon a blank furnished by the secretary
of state for a general distinguishing number, and said sec¬
retary of state shall issue to the applicant one certificate
of registration, containing the name, place of business,
address of the applicant, and the general distinguishing
number and shall also issue and deliver to each applicant an
official number plate in quadruplicate of such design as said
secretary of state shall determine. 2. All automobiles,
motorcycles, or other motor vehicles owned or controlled
by such manufacturer or dealer except those for his own
private use, shall, until sold or let for hire, be regarded
as registered under such general distinguishing number.
3. Any manufacturer or dealer who shall knowingly per¬
mit the use of any such number upon any automobile,
motorcycle or vehicle owned or controlled by any other
person shall be punished by a fine of not less than ten
dollars nor more than twenty-five dollars. 4. It shall be
the duty of every manufacturer or dealer aforesaid to no¬
tify the secretary of state of any change in his address
or firm name. 5. The fee for such registration together
with the four distinguishing numbers shall be five dollars
for each garage. 6. Additional duplicate general distin¬
guishing numbers may be obtained by any such manufac¬
turer or dealer upon application to the secretary of state
and the payment of an additional fee for each additional
duplicate of not exceeding one dollar to cover the cost
thereof.
432
WISCONSIN
Oeneral Speed Rates
Sec. 3. No person or persons shall use, operate, or drive
any automobile or other similar motor vehicle along or
upon any public highway of this state within the corporate
limits of any city or village at a speed exceeding twelve
miles per hour, nor on any of the public highways outside
the corporate limits of a city or village at a speed ex-
ceding twenty-five miles per hour; provided, that in turning
corners, in going around curves, at sharp declines, at the
intersection of any cross road, and where, for any cause,
the view in the direction in which the vehicle is proceed¬
ing shall be obstructed, the speed shall be reduced to such
a rate as will tend to avoid danger of accident; the opera¬
tor, when such vehicle is in motion, shall observe the rules
of the road.
Approaching Animals—Signal of Distress
Sec. 4. Every person operating an automobile or other
similar motor vehicle upon or along any public highway
shall upon a signal by putting up the hand or other sign
of distress, made by a person riding or driving a horse or
horses, which are frightened, cause such automobile or
other similar motor vehicle to stop, unless a movement
forward is necessary to avoid accident or injury, and upon
request shall stop all motor power until such horse or
horses are under control; and shall, if requested, assist
such person or persons to pass such automobile or other
similar moto"" vehicle in safety. All motor power shall be
stopped on any automobile or other similar motor vehicle
while left unattended on the public highway.
Oeneral Bights on Highways—False Signal of Distress
Sec. 5. Every owner and operator of an automobile or
other similar motor vehicle shall have equal rights upon
all public highways of this state with all other users of
such highways, and no person or persons shall unreason¬
ably obstruct or impede the right of travel of such opera¬
tor or owner while operating, propelling or driving such
automobile or other similar motor vehicle. No person or
433
AUTOMOBILE LAW
persons shall give a signal or sign of danger or distress or
call for assistance upon a person lawfully operating any
such automobile or other similar motor vehicle on a public
highway without a reasonable cause for so doing.
Lamps
Sec. 6. From one hour after sunset until one hour before
sunrise there shall be displayed on the front of every
automobile or other similar motor vehicle, while being oper¬
ated or driven along or upon any public highway of this
state, at least one lamp giving a reasonably bright light
in the direction in which said automobile or other similar
motor vehicle is going, and every such automobile or other
similar motor vehicle shall be provided with brakes and a
bell, horn oi other signal device.
Non-Besidents
Sec. 7. The provisions of section one of this act shall not
apply to automobiles or other similar motor vehicles owned
by non-residents of this state, provided the owners thereof
have complied with any law requiring the registration of
such automobile or other similar motor vehicles, or its
owner, in force in the state, territory or federal district of
their respective residence, and the registration number of
such state, territory or federal district shall be displayed
on the rear of such automobile or other similar motor
vehicle substantially as provided in section one of this
act. Non-residents passing through this state from states
having no registration as provided in section one of this
act shall comply with all the provisions of this act.
Fines and Penalties
Sec. 8. Any person or persons who shall violate the pro¬
visions of sections 1, 3, 5 and 6, except as provided in
section 7, shall be punished by a fine of not less than ten
dollars and not more than twenty-five dollars; any person
or persons who shall violate the provisions of section 4
hereof shall be punished by a fine of not less than ten
dollars nor more than fifty dollars. And any person con-
434
WISCONSIN
victed of a second or subsequent violation of the provisions
of section 4 of said act, shall be punished by a fine of not
less than twenty-five dollars nor more than one hundred
dollars or by imprisonment in the county jail not exceed¬
ing sixty days or by both fine and imprisonment in the
discretion of the court.
Powers of Local Authorities
Sec. 9. The provisions of this act shall be uniform in
operation throughout the state, and no city, village, county,
town, park board or other local authorities shall have
power to enact, pass, enforce or maintain any ordinance,
resolution, rule or regulation, requiring local registration
or other requirements inconsistent herewith, or in any
manner excluding or prohibiting any automobile or other
similar motor vehicle, whose owner has complied with the
provisions of this act, from the free and unobstructed
use of all public highways, driveways and parkways within
the state; but the provisions of this act shall not apply to
parks and driveways under <he control and management of
corporations organized under and pursuant to the provis¬
ions of chapter 55 of the laws of 1899 and the acts amen¬
datory thereof.
Bight to Damages
Sec. 10. Nothing in this act shall relieve the owner of
any automobile or other similar vehicle from liability
for damages to any person or persons or property due to
the negligent use of his or her automobile or other similar
motor vehicle, which may be operated upon any public
highway of this state.
Disposition of Moneys
Sec. 11. All moneys received from registration fees shall
be turned into the state treasury to be applied to pay the
expenses incurred in carrying out the provisions of this
act.
435
AUTOMOBILE LAW
Law of the Bead
Sec. 1591. (Gen. State.) Whenever any persons shall
meet each other on any bridge or road, traveling with car¬
riages, wagons, sleds, sleighs, or other vehicles, each per¬
son shall seasonably drive his carriage or other vehicle to
the right of the middle of the traveled part of such bridge
or road, so that the respective carriages or other vehicles
aforesaid may pass each other without interference^ and
every person offending against this section shall forfeit
not exceeding twenty dollars and shall be liable to the
party injured for all damages sustained thereby.
Operation Without Consent of Owner; Penalty
Any person who shall operate any automobile, motorcycle,
or other similar motor vehicle upon any public highway of
this state without the consent of the owner of such motor
vehicle, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not
exceeding fifty dollars or by imprisonment not exceeding
thirty days, or by both such fine and imprisonment in the
discretion of the court. (June 3, 1909.)
Milwaukee; Authorizing Purchase for Departments
In all cities of the first class of this state, whether operat¬
ing under a general or special charter, whenever the
board of public works shall deem it for the best interest
of the city to purchase automobiles for the use of any of
the departments of said city without the intervention of
formal contract, they shall report the same to the common
council with their reasons therefor, and the common coun¬
cil may by resolution authorize said board to purchase
such automobiles. Any resolution for the purchase of auto¬
mobiles, as herein authorized, shall not be adopted except
with the approval of two-thirds of the members-elect of
the common council and in the manner required by law
where the expenditure of money is involved. (Approved
May 29, 1909.)
436
Wyoming
There is no General Motor Vehicle Law
in this State.
437
General Index
AUTOMOBILE LAW
Eule Page
ACCIDENT. Duty to give name, etc., in case of
accident 168 62
Extent of duty to give information 169 62
Effect of running away after 170 63
Due to defective machinery 130 50
ALABAMA. See Motor Vehicle Law 73
AMBULANCES. Are excepted from provisions of
Motor Vehicle Laws 59 28
ANIMALS. Frightening, etc. See Signal of Dis¬
tress, Warnings
Approaching," defined 151 57
Bight of, to be upon highways 152 57
General duty in presence of frightened 166 61
Duty to sound warnings when approaching 150 56
Liability for necessary noises when approaching 164 60
Liability for unnecessary noises in presence of. 165 61
When motor must be stopped to avoid frighten¬
ing 162 60
Failure to stop motor when necessary to avoid
frightening, is negligence 163 60
When duty to remain stationary in presence of. 160 59
When "forward movement" of machine may be
taken after stopping to avoid frightening.. 161 59
What constitutes going "as far as practicable"
to side of highway to avoid injury to 160 59
Negligence is not attributable to person remain¬
ing in carriage while, frightened 167 62
One who leaves, unfastened, guilty of negligence 153 57
APPEARANCE. Of automobile, as element of
danger 17 15
APPLICATION FOR REGISTRATION. See
Registration.
"APPROACHING" defined 151 57
ARIZONA. Has no general Motor Vehicle Law.
ARKANSAS. Has no general Motor Vehicle Law.
ARREST. Jurisdiction to make 179 66
'.39
GENERAL INDEX
Eule Page
ASSISTANCE. When duty to render to person
in peril 154 57
See Animals, Signal of Distress.
ATTOENEY-IN-FACT. When and how appointed
for non-resident owner 122 47
AUTOMOBILE. See Bells, Chains, Highways,
Horns, Local Authorities, Mufflers, Non-Besi-
dents, etc.
Defined 62 29
Is a "motor vehicle" 59 28
"Motor Cycle," is not 61 28
Is a "machine" 64 29
Is a "carriage" 63 29
Is not a "carriage" 64 29
Is not a part of "household effects" 68 31
Is not necessarily a "dangerous instru¬
mentality" 16 15
Elements of danger considered 17 15
Capacity for speed as element of danger 17 15
Gasoline in tanks of, is "freight" 71 31
How classified 60 28
Horse-power as a basis for classification 60 28
Use of, on highways, is for general benefit 5 12
Degree of care required in operating 6 12
Unregistered, may be excluded the highways.. 113 43
Used for hire, may be regulated by local
authorities 122
Transportation by steamboat. See Steamboats.
Liability of owner for injuries by. See Bor¬
rowed Automobile, Operators.
BADGE. Operator's. See Operator. How ob¬
tained 95 38
Not transferable 97 39
Fictitious, prohibited 98 39
BAIL. Regulations concerning 179 66
BORROWED AUTOMOBILE. Liability of owner
for injuries occasioned by 106 41
440
AUTOMOBILE LAW
Eule Page
BELLS. To be carried for warnings. See Warn'
ings 124 48
BLANKS. For registration 72 32
BLIND PERSONS. Duty to use care on highways.
See Highways 26 18
BONUSES. Taking or giving, for repairs or sup¬
plies prohibited 102 40
BRAKES. Kind and number to be carried 129 49
BBIDOE. Duty to sound warnings when ap¬
proaching 149 56
BUSINESS PORTION of highways, defined 66 30
CALIFORNIA. See Motor Vehicle Law 78
CANADA. Law of road. See Law of Road 38 21
CAPACITY. Of automobile for speed as element
of danger 17 15
CARE. Degree of, required by operator. See
Operators, Highways, Negligence.
CARELESSNESS. Ground for revocation of li¬
cense 99 39
See Highways, Negligence.
CARRIAGE. When automobile is 63 29
When automobile is not 64 29
CEMETERIES. Speed regulations in. See Local
Authorities 133 51
CERTIFICATE. Of registration. See Registra¬
tion.
CHAINS. When required as safety device 125 48
CHAUFFEURS. Definition, registration and
duties. See Operators.
CHILDREN. Rights on the highways. See High¬
ways, Negligence.
As chauffeurs and operators. See Operators.
CLASSIFICATION. Of automobiles. See Auto¬
mobiles 28
441
GENERAL INDEX
Bule Page
CLASS LEGISLATION. Laws imposing registra¬
tion are not. See Begistration
Speed laws are not. See Speed
'' CLOSELY BUILT.'' Defined. See Highways..
COLORADO. See Motor Vehicle Law
CONDITION. Of highways as affecting law of
road
See Law of Boad.
CONNECTICUT. See Motor Vehicle Law
CONSENT. Of owner to use automobile is necces-
sary
Liability of owner for injuries by automobile
when used without
CONSTITUTIONALITY of registration and license
laws
See Class Legislation, Begistration, Operators,
Speed.
CONTBIBUTOBY NEGLIGENCE. See Negligence.
CROSSINGS. See Law of Boad, Speed.
Duty at railroad 144 54
CUSTOM. Signal recognized by. See Signals.
DAMAGES. Bight to recover civil, not affected
by registration laws 180 66
For violating law of road. See Law of Boad.. 58 27
DANGER. Elements of, in automobile 17 15
In operation. See Operators, Speed.
DANGEROUS DEVICE. Automobile is not neces¬
sarily 16 15
DEAF PERSONS. Duty on the highways; See
Highways 26 18
DEALERS. Begistration by. See Begistration.. 79 34
Transfer of registered number 80 34
DI FECTS. Accidents due to latent 130 50
DEL."_V."ARE. See Motor Vehicle Law 108
^i42
111 43
147 55
66 30
89
45 24
90
104 41
105 41
111 43
AUTOMOBILE LAW
Rule Page
DISCOUNT. Taking by, or giving to, chauffeurs
for repairs or supplies is prohibited 102 40
DISCRIMINATION. Against automobiles in speed
regulations ia prohibited 123
DISPLAY. Of operator's badge. See Operator.. 95 38
Of registration certificate. See Registration.
Of identification marks. See Markers.
Of license to operate. See Operators.
Of Badge. See Badge.
DISTRESS. Exemption of automobile for, on
account of rent or repairs 172 63
Signal, of, when animals frightened. See Ani¬
mals, Signal of Distress.
DISTRICT OF COLUMBIA. See Motor Vehicle
Law 117
DOGS. Right to be upon highways. See Animals,
Warnings 152 57
DRAFT ANIMALS. See Animals, Signal of dis¬
tress.
DRESS. Style of a woman's, as an element of
negligence 29 19
DRIVER. See Operator.
DUPLICATE. Certificate of registration 77 33
EMPLOYER. Liability of, for chauffeur's acts.
See Operators.
ENGLAND. Law of road in. See Law of Road.
EXAMINATION of applicant for license to oper¬
ate. See Operator 94 38
EXEMPTION. From taxation. See Taxation.
From Execution. Automobile is not 11 14
EXPIRATION of certificates of registration and
licenses to operate. See Registration, Oper¬
ators 90 37
FEES. For registration and license, etc 181 67
FICTITIOUS MARKERS. Prohibited 84 35
FINES. For violation of motor vehicle laws.... 181 67
443
GENERAL INDEX
Bule Page
FIBE. Origin of, as affecting insurance policy.. 70 31
To be extinguished abont automobile, on steam¬
boats 13 14
Liability of garage keeper for damage by 173 64
Automobile used for fire purposes exempt from
speed regulations 139 53
FLORIDA. See Motor Vehicle Law 126
FOBEIONEBS. See Non-residents.
"FORWARD MOVEMENT." When proper in
presence of frightened animal. See Animals,
Signal of Distress 161 59
FREIGHT. Gasoline in automobile tanks is.... 71 31
FRIGHT. Duty to animals in state of. See
Animals, Signal of Distress, Warnings.
GEORGIA. Has no general Motor Venicle Law.
GARAGE. Is not necessarily a nuisance 175 64
Duties and privileges of, keeper 171 63
Bight of, keeper to lien for rent, storage, re¬
pairs 172 63
Liability of, keeper for damage by fire 173 64
Liability of, keeper for use of machine by an¬
other 174 64
Keeper to preserve record of use of automobiles 177 65
GASOLINE. In automobile tanks, is freight.. 71 31
GROSS NEGLIGENCE. Defined 189 69
HAND. Raising, as signal of distress. See
Animals, Signal of Distress 154 57
HIGHWAYS. "Public," defined 65 30
Primary right to use 1 11
Unregistered automobile and operators may be
excluded from 113 43
Automobiles may be completely excluded from.. 112 43
Use of automobile may be limited to certain
hours 115 44
Use of, may be regulated for benefit of public.. 3 12
Mode of use subject to change from age to age 4 12
444
AUTOMOBILE LAW
Rule Page
"Open country" defined 66 30
"Closely built up portion" defined 66 30
"Business portion" defined 66 30
"Thickly settled" portion defined 66 30
Degree of care required in use of 6 12
Rights and duties of all users of, are reciprocal. 3 11
Right to use is not exclusive to any person.. 2 11
Right of children upon 31 19
Bight of intoxicated person upon 30 19
Right of insane persons upon 28 19
Helpless and afflicted persons must use care.. 26 18
Assumption that users of, have natural senses.. 25 18
All users must exercise care for their own safety 19 16
Duty of users to keep a lookout 20 16
Operators of automobiles to use common sense
and care 22 17
Recklessness by operators upon, not tolerated.. 50 25
Duty of persons when boarding street cars.... 57 27
Duty of operator when passing street cars 56 27
Automobile in tow has right to be upon 176 65
No obligation to keep, in better repair for auto¬
mobile
Registration privilege limited to jurisdiction
over 116 44
Laws of travel upon. See Law of Road.
Equipment, etc., of automobiles. See Automo¬
biles.
Animals, upon. See Animals.
Speed regulations. See Speed.
Sounding warnings. See Warnings.
HIBE. Automobiles for, may be regulated by local
authorities 133 51
HOBNS. When to be carried. See Warnings.... 124 48
HORSES. See Animals, Signal of Distress, Warn¬
ings.
HOBSEPOWEB. As a basis for classification pf
automobiles 69 28
445
GENERAL INDEX
Bule Page
As a basis for classification of cbanffenrs 88 36
HOUBS. For use of highways may be established 115 44
HOUSEHOLD EFFECTS. When automobile part
of 68 31
IDAHO. Has no general Motor Vehicle law.
IDENTIFICATIOH MABES. See Markers.
ILLINOIS. See Motor Vehicle Law 133
INDIAN TEBBITOBY. Has no general Motor
Vehicle Law.
INDIANA. See Motor Vehicle Law 146
INFIBM PEBSONS. Duty while using highways.
See Highways.
INITIALS. Name of State on Markers. See
Markers.
INSUBANCE. Against fire originating within
automobile 70 31
INTEBSEGTIONS. Duty when approaching. See
Speed Warnings.
INTOXICATION. As an element of negligence on
highways. See Negligence.
As ground for revoking license 99 39
IOWA. See Motor Vehicle Law 153
JUBISDICTION. Of offenses. In whom vested.. 178 65
Of registration and license 117 45
KANSAS. See Motor Vehicle Law 159
KENTUCKY. See Motor Vehicle Law 162
KEY. When necessary to use as a safety device 109 42
LAMPS. Number and kind to be carried. How
used 127 49
Effect of failure to carry 128 49
' 'LAST CLEAB CHANCE" to avoid accident.... 193 70
LAW OF THE BOAD. Defined 36 21
Underlying principle of ". 36 21
Applies only to vehicles, in United States 37 21
ri46
AUTOMOBILE LAW
Rule Page
Applies to vehicles and pedestrians in England 37 21
Applies onlj to passing vehicles 44 24
Applies only to vehicles on same highway 41 23
When traveling in same direction turn to left 39 22
May turn to left under common law 40 22
May turn to left for purpose of stopping 43 23
When traveling in opposite direction turn to
right 38 21
English rule is turn to the left 38 21
Rule as affected by condition of highway 45 24
Rule at intersections and crossings 42 23
Rule when traveler desires to stop 43 23
Traveling on one side 47 24
"Crowding" prohibited 54 26
Traveling at night 48
Right to occupy highway 44 24
Duty of persons boarding street car 57 27
Duty of operator when passing street car 56 27
Presumption against traveler on wrong side.... 52 26
Recklessness not tolerated 50 25
Recklessness defined 51 25
Penalty for violating 58 27
LEGISLATIVE POWERS. May be delegated to
local authorities. See Local Authorities 8 13
I£TTEBS. Size and character of, on markers.... 81 34
See Markers.
LICENSE. To chauffeurs and operators. See
Operators, Registration.
LIEN. Right of garage-keeper to 171 63
LIGHTS. Color of, and manner and hours of use
and display 127 49
Effect of failure to carry 128 49
LOCAL AUTHORITIES. Defined 67 30
When legislature may delegate power to, to reg¬
ulate automobiles 8 13
Power to fix regulations concerning speed 133 51
Power to regulate speed contests 145 55
447
GENERAL INDEX
Bule Page
Notice of local regulations to be given to sign¬
boards or publication in newspaper 137 53
LOCKS. When necessary to use as safety device 109 42
LOOKOUT. Operator is bound to keep a sharp.
See Highways, Negligence, Operators.
LOST CEBTIFICATE. May be re-issued. See
Begistration 77 33
LOUISIANA. Has no general Motor Vehicle Law.
MACHINE. An automobile is a 64 29
MAINE. See Motor Vehicle Law 166
MANUFACTUBEB. Begistration by. See Begis¬
tration 79 34
MABKEBS. For identification. Form. How
furnished. See Begistration. 81 34
Manner of display by resident 82 35
Manner of display of certificate of registration 77
Manner of display by non-residents 117 45
Display of fictitious prohibited 84 35
Number of, limited 83 35
MABYLAND. See Motor Vehicle Law 176
MASSACHUSETTS. See Motor Vehicle Law.... 189
MASTEB AND SEBVANT. Belation between em¬
ployer and chauffeur is that of lUO '40
MECHANICAL EQUIPMENT. See Brakes, Bells,
Lamps, MufiSers.
MICHIGAN. See Motor Vehicle Law 218
MINNESOTA. See Motor Vehicle Law 235
MISSISSIPPI. See Motor Vehicle Law i 246
MISSOUBI. See Motor Vehicle Law 247
MONTANA. See Motor Vehicle Law 257
MOTOB. When must be stopped. See Animals,
Automobiles, Noise.
MOTOB CYCLE. Is not a "motor vehicle".... 61 28
448
AUTOMOBILE LAW
Eule Page
MOTOR VEHICLES. See Automobiles.
MUFFLERS. When necessary to be carried. See
Noise 126 48
Liability for failure to carry 164 60
MUNICIPAL AUTHORITIES. See Local Author¬
ities.
NAME. Of State for identification. See
Markers, Registration.
Of applicant for registration or license. See
Registration.
Duty to give in case of accident 168 62
Extent of duty to give 169 62
NAPHTHA. When cannot be carried in automo¬
bile tank. See Steamboats.
NEBRASKA. See Motor Vehicle Law 260
NEGLIGENCE. Defined 183 67
Test of 184 68
Contributory, defined 185 68
Test of contributory 186 68
Examples of contributory 187 68
Contributory, does not relieve operator from.. 188 69
Gross, defined 189 69
Wilful and wanton, defined 190 69
Distinction between wilful and wanton 192 70
Wilful, is not presumed 191 69
"Last clear chance" to avoid accident 193 70
Proximate cause, defined 194 70
Test of proximate cause 195 70
Illustration of proximate cause 196 70
User of highway is negligent unless exercises
reasonable care for his own protection.... 19 16
A woman is not negligent on account of dress.. 29 19
An insane person cannot be negligent 28 19
Deaf, blind, or infirm person may be negligent.. 26 18
Intoxication as an element of 30 19
Responsibility of children 31 19
Young children cannot be negligent .'.... 33 20
449
GENERAL INDEX
Bule Pago
Extent of caution demanded of children 32 20
Duty of operator toward children 34 20
Duty when approaching children at play 35 20
Liability of parent for negligence of child while
operating automobile 107 41
Right to witness speed contest 146 55
Exceeding speed laws is negligence per se.... 140 53
Example of negligence in speed. See Speed.. 141 54
Failure to stop motor to avoid accident is.... 163 60
Remaining in vehicle when horse frightened is
not 167 62
NEVADA. Has no general Motor Vehicle Law.
NEW HAMPSHIRE. See Motor Vehicle Law.. 266
NEW JERSEY. See Motor Vehicle Law 275
NEW MEXICO. Has no general Motor Vehicle
Law.
NEW YORE. See Motor Vehicle Law 310
NEWSPAPERS. When notice of speed regula¬
tions to be published in 137 53
NIGHT. Traveling at. See Law of Road, Lamps.
NOISE. As an element of danger on »the high¬
way 17 15
General liability for. See Mufflers 126 48
Liability for necessary 164 60
Liability for unnecessary 165 61
NON-RESIDENTS. Registration by. See Regis¬
tration 117 45
Effect of violation of laws of state where travel¬
ing 119 46
Method of computing time for stay in another
state 118 46
Special license to, in certain cases 121 46
NORTH CAROLINA. See Motor Vehicle Law.. 322
NORTH DAKOTA. See Motor Vehicle Law.... 334
NOTICE. Of speed regulations by local author¬
ities .' 137 53
450
AUTOMOBILE LAW
Eule Page
Of approach 149 56
Of law of road. See Law of Road. See Animals,
Speed Warnings.
NUxSANCE. Garage is not, necessarily 175 64
NUMBERS. Registration and license. See
Markers, Registration.
OHIO. See Motor Vehicle Law 336
OKLAHOMA. Has no general Motor Vehicle Law.
See Law of Road 349
"OPEN COUNTRY." Defined. See Highways.. 66 30
OPERATORS. Defined 87 36
Classified 88 36
Private, defined 89 36
Driver, defined 87 36
"Chauffeur" defined 86 36
Young and inexperienced persons disqualified.. 92 37
License to operate is necessary 90 37
Unlicensed persons may be excluded from high¬
ways 113 43
Application for license 93 38
Examination of applicant for license 94 38
Fees for license 181 66
Term of license 90 37
Scope of license 91 37
License to be exhibited upon request 96 39
Jurisdiction of license limited 116 44
License may be suspended or revoked 99 39
Badge to be worn by 95 38
Fictitious badge prohibited 98 39
Badge not transferable 97 39
Relation between, and employer is that of master
and servant - 100 40
General liability of employer for acts of 103 41
Authority to order repairs 101 40
Taking or giving bonuses by or to, prohibited.. 102 40
Are bound to obey laws and regulations 7 13
451
GENERAL INDEX
Bule Page
Use by, of automobile without owner's consent 104 41
Owner not liable for acts of borrower 106 41
Duty of, when leaving machine unattended.... 110 42
Liability for tampering with unattended ma¬
chine 109 42
Unusual care to be exercised by. See Highways 6 12
Must exercise common sense and fairness 22 17
Duty to keep a sharp lookout 20 16
When bound to keep lookout backward 21 17
Bound to anticipate the presence of others.... 18 16
Bound to use all natural senses 15 15
Recklessness defined 51 25
"Crowding" upon slower vehicle 54 26
Duty to prevent "wedging" of pedestrians.. 23 17
May assume that all persons have hearing and
sight 25 18
Duty towards confused persons 24 17
Duty towards blind or deaf persons 26 18
Duty toward insane persons 28
Duty towards children 34 20
Duty when approaching children at play 35 20
Duty when passing street car. See Law of
Boad 56 27
Duties of, in general like those of motorman.. 108 42
Penalties and punishments for violations 178 66
Non-resident chauffeurs and 120 46
OBEGON. See Motor Vehicle Law 350
OWNERS. Registration by. See Begistration.
Liability and relation of operators and chauf¬
feurs. See Operators, Begistration.
PARADES. Local regulations concerning 133 51
PARENT AND CHILD. Liability of parent for
injuries by child while operating 107 41
FARES. Local regulations concerning 135 52
PEDESTRIANS. Law of road does not apply to.
See Law of Boad, Negligence, Highways.
PENALTIES. How imposed 181 66
452
AUTOMOBILE LAW
Eule Page
PENNSYLVAlilA. See Motor Vehicle Law,... 354
PHYSICIAN. Duty when on emergency call.... 138 53
PLATES. For indentification. See Markers.
POLICE. Automobiles in service of, excepted
from speed rules 139 53
POWEE. Capacity of automobile, as element of
danger 17 15
Of local authorities. See Local authorities.
PEOCESS. Service of, upon attorney in fact of
non-resident owner 122 47
PROCESSIONS. Local regulations concerning... 133 51
PEOXIMATE CAUSE. Defined. See Negligence 194 70
"PUBLIC HIGHWAYS." Defined 65
EACING. When and when not permitted on high¬
ways 145 55
Not negligence to witness on highway 146 55
EECELESSNESS. See Highways, operators .... 51 25
EECOED. Of registrations and licenses. See Op¬
erators, Registration.
Of use of automobile. See Garage.
EED LIGHTS. When and how carried. See
Lamps 127 49
EEGISTEATION. Of automobile is necessary... 72 32
Application for, by owner 72 32
Time of application 74 32
Certificate of 73 32
Record of 75 33
Certificate not transferable 76 33
Term of certificate 78 33
Lost certificate may be re-issued 77 33
Display of certificate 85 35
Jurisdiction of certificate or license 116 44
Pees 181 66
By dealers or manufacturers 79 34
By non-residents 117* 45
By certain non-resident carriers 121 45
453
GENERAL INDEX
Bale Page
Of non-resident chaufFenrs 120 46
Laws requiring are not class legislation Ill 43
Display of identification marks of. See Markers
Display of badges by licensed operators. See
Operators
bcguiiations. Local regulations. Concerning
speed. See Local Authorities 133 51
bent. Lien of garage-keeper for 171 63
repairs. Of highways. See highways.
Chauffeur's authority to order 101 40
Right of garage-keeper to lien for 171 63
revocation. Of operator's license. See Op¬
erators 99 39
Of registration certificates. See registration.
rhode island. See Motor Vehicle Law 367
right of way. See Law of Road.
ROAD ROLLERS. Are not "motor vehicles" 59 28
road test. For applicant for license to operate 94 38
Roads. See Highways, Law of Road, Negligence.
safety devices. To be carried and used. Sec
Brakes, Locks 129 49
secretary of state. As registration official.
See Registration.
As attorney-in-fact for non-resident 122 47
service of process. On attorney-in-fact of
non-resident 122 47
sight. Persons without, on the highways. See
Highways.
signal. Duty of operator to give. See Law of
Road, Warnings.
Signals recognized by custom. 55 26
Devices for making 124 48
signal of distress. Putting up the hand
when animal frightened. See Animals 154 57
Who may give 157 58
Duty of operator when given • 154 57
454
AUTOMOBILE LAW
Itule Page
Duty when traveling in opposite direction 155 58
Duty whep traveling in ^ame direction 156 58
False, prohibited 158 59
When operator's duty to stop motor 162 60
Failure to stop motor is negligence ' 163 60
When operator may make forward movement
after stopping 161 59
What is going "as far as practicable" to one
side 160 59
Liability, for unnecessary noises in presence of
frightened animals. See Animals 165 60
Duty of operator to stop whether signaled or not 159 59
SIGN BOABDS. Notice of local speed regulations
to be given by. See Local Authorities, Speed. 137 53
SMOE^E. Devices to prevent 126 48
SNOW. As affecting use of chains on tires 125 48
As affecting law of road. See Law of Road.
SOUTH CAROLINA.. See Motor Vehicle Law.... 381
SOUTH DAKOTA. See Motor Vehicle Law 386
SPECIAL LICENSE. See Operators, Non-Resi¬
dents, Registration.
SPECIAL TAX. See Taxation.
SPEEDWAYS. Local regulations concerning.... 133 51
SPEED. General rates 132 51
Rate in special cases. See Animals, Negligence,
Signal of Distress, Highways.
At crossings, corners, grades 131 50
Term "crossing" means street crossings. 143 54
Approaching animals, pedestrians, etc 152 57
Of military and police automobiles 139 53
Of physician on emergency call 138 53
Power of local authorities concerning 133 51
Notice of local regulations 137 53
Conflict between general and local regulations.. 136 52
Racing and speed' contests 145 55
Bight of person to witness speed contests 146 55
Non-residents must observe. See Registration.. 119 46
455
GENERAL INDEX
Bale Page
Laws regulating, are not clasa legislation...!.. 147 55
Laws fixing diiTerent rates in different places
are constitutional 148 56
Capacity for, ec an element of danger, in auto¬
mobile * 17 15
Excessive, is ground for revoking license to op¬
erate 99 39
General duty to observe 131 50
Bate of, when object can be seen ahead 141 54
Bate rendering control difficult is negligence 142 54
STATIONARY. Duty to remain in presence of
danger. See Animals, Signal of Distress.
STEAIVIBOATS. When may refuse to transport
automobile 13 14
Gasoline carried in tank of automobile is
"freight" !.. 14 14
Fire about machine to be extinguished while on 14 14
Machine may enter and leave, under own power 14 14
STOPPING MOTOR. In presence of danger 162 60
See animals, Signal of Distress.
STORAGE. Bight of garage-keeper to lien for... 171 63
STREETS. See Highways.
STREET CARS. Duty when passing. See High¬
ways Law of Boad 56 27
STROKES. Size of, in letters used on markers
See Markers 81 34
SUPPLIES. Taking or giving bonuses for, pro¬
hibited 102 40
SUSPENSION. Of license to operate. See opera¬
tors 99 39
TAMPERING. With machine left unattended.. 101
TAXATION.. Automobiles exempted from, in
some states 10
Bight to levy special 9
TENNESSEE.. See Motor Vehicle Law 391
TERM. Of registration and license 78 33
456
AUTOMOBILE LAW
Rule Page
TESTS. Applicant for license may be required to
give road 94 38
TEXAS. See Motor Vehicle Law 394
"THICKLY SETTLED" Portions of highways,
defined 66 30
TIME. For registration. See Registration 74 32
Method of computing, for stay in another state 118 46
For use of automobile on the highways may be
limited 115 44
For display of lights 127 49
TIRES. When may and may not carry chains.. 125 48
Statues of, under tariff acts 69 31
TOW. Automobile may be taken in, on highways 176 65
TRANSFER. Of registration is not permissible.. 76 33
TRANSPORTATION. Of automobile by steam¬
boats. See Steamboats.
TRAVEL. Right of. See Law of Road.
TRAVELERS. See Highways.
UNITED STATES. Has no motor vehicle law. See
provisions relative to transportation on steam¬
boats 396
UTAH. See Motor Vehicle Law 397
VERMONT. See Motor Vehicle Law 405
VIRGINIA. See Motor Vehicle Law 416
VESSELS. See Steamboats.
WARNING. Devices for sounding. See Signal.. 124 48
When should be sounded. See Animals, High¬
ways.
When should not be sounded. See Noises.
WASHINGTON. See Motor Vehicle Law 423
WAY. Right of. See Highways, Law of Road.
WEST VIRGINIA. See Motor Vehicle Law. 428
WHITE. When, lights should be displayed. See
Lamps 127 49
WILFUL. As applied to negligence. See Negli¬
gence 190 69
WYOMING. Has no general Motor Vehicle Law.
WISCONSIN. See Mptor Law 430
457