§ 82-1-2. Definitions.  


Latest version.
  • (a)

    The following words and phrases, when used in this Chapter, shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Section, except in those instances where the context clearly indicates a different meaning:

    (1)

    Antique motor vehicle. Every motor vehicle, as herein defined, which was actually manufactured, or designated by the manufacturer as a model manufactured in a calendar year not less then twenty-five (25) years prior to January 1 of each calendar year and is owned solely as a collector's item, and is used for participation in club activities, exhibits, tours, parades, and similar uses, but in no event used for general transportation, may be classified by the Commissioner as an antique motor vehicle.

    (2)

    Bicycle shall include pedal bicycles with helper motors rated less than one brake horsepower, which produce only ordinary pedaling speeds up to a maximum of twenty (20) miles per hour, provided such bicycles so equipped shall not be operated upon any highway or public vehicular area of this State by any person under the age of sixteen (16) years.

    (3)

    Business district. The territory contiguous to a highway where seventy-five percent (75%) or more of the total frontage, or both sides of the highway, for a distance of three hundred (300) feet or more is occupied by buildings actually in use and operation for business purposes.

    (4)

    Camping trailer. Every vehicle which has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle.

    (5)

    Chapter. The word "Chapter" as used herein shall mean and refer to this Ordinance.

    (6)

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

    (7)

    Commission shall mean the State Corporation Commission.

    (8)

    Commissioner shall mean the Commissioner of the Division of Motor Vehicles of this State.

    (9)

    County shall mean Fairfax County, Virginia.

    (10)

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

    (11)

    Division shall mean the Division of Motor Vehicles of this State.

    (12)

    Essential parts. All integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity of a vehicle.

    (13)

    Farm tractor. Every motor vehicle designed and used as a farm, agricultural or horticultural implement for drawing plows, moving machines and other farm, agricultural or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns.

    (14)

    Financial responsibility. Ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use or operation of a motor vehicle, in the amount of Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of any one person and, subject to such limit for one person, in the amount of Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one accident, and in the amount of Ten Thousand Dollars ($10,000.00) because of injury to or destruction of property in any one accident.

    (15)

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

    (16)

    Highway. The entire width between boundary lines of every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this County, including the streets, alleys and publicly maintained parking lots in the County, and for law enforcement purposes only the entire width between boundary lines of all private roads or private streets located within any residential development containing five hundred (500) or more lots.

    (17)

    Intersection.

    (A)

    The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

    (B)

    Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

    (C)

    For purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk.

    (18)

    License plate. A device containing letters, numerals or a combination of both, attached to a motor vehicle, trailer or semitrailer to indicate that such motor vehicle, trailer or semitrailer is properly registered with the Division.

    (19)

    Manufacturer. Every person engaged in the business of constructing or assembling motor vehicles, trailers or semitrailers at an established place of business in this State.

    (20)

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

    (21)

    Mobile home. Every vehicle not otherwise classified herein which has noncollapsible sides, which contains sleeping quarters and may or may not contain bathing and cooking facilities and every trailer not designed for the transportation of property but used primarily for office space and is designed to be drawn by a motor vehicle.

    (22)

    Motorcycle. Every motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, except any such vehicle as may be included within the term "farm tractor" as defined in this Section.

    (23)

    Motorhome. Every private motor vehicle with a normal seating capacity of not more than ten (10) persons, including the driver, designed primarily for use as living quarters for human beings.

    (24)

    Motor vehicle. Every vehicle as defined in this Section which is self-propelled or designed for self-propulsion. Any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office of commercial space, shall be considered a part of a motor vehicle. For the purpose of this Chapter, any device herein defined as a bicycle shall be deemed not to be a motor vehicle.

    (25)

    Nonresident. Every person who is not domiciled in this State, except:

    (A)

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

    (B)

    A person who becomes engaged in a gainful occupation in this State for a period exceeding sixty (60) days, shall be deemed a resident for the purposes of this Chapter.

    (C)

    A person other than a nonresident student as defined in paragraph (20) of this Section who has actually resided in this State for a period of six (6) months, whether employed or not, or who has registered a motor vehicle, listing an address within this State in the application for registration, shall be deemed a resident for the purposes of this Chapter.

    (26)

    Nonresident student. Every nonresident person who is enrolled as a full-time student in an accredited institution of learning in this State and who is not gainfully employed.

    (27)

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

    (28)

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

    (29)

    Owner. A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Chapter, except that in all such instances when the rent paid by the lessee includes charges for services of any nature or when the lease does not provide that title shall pass to the lessee upon payment of the rent stipulated, the lessor shall be regarded as the owner of such vehicle and the vehicle shall be subject to such requirements of this Chapter as are applicable to vehicles operated for compensation; provided, however, that a "truck lessor" as defined in Code of Virginia, Section 46.2-100(36), shall be regarded as the owner, and his vehicles shall be subject to such requirements of this Chapter as are applicable to vehicles of private carriers.

    (30)

    Peace or police officer. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

    (31)

    Person. Every natural person, firm, partnership, association or corporation.

    (32)

    Pickup or panel truck. Every motor vehicle designed for the transportation of property with a registered gross weight of seven thousand five hundred (7,500) pounds or less.

    (33)

    Pneumatic tires. All tires inflated with compressed air.

    (34)

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

    (35)

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

    (36)

    Rescue vehicle. The term "rescue vehicle" is defined as any vehicle designed or utilized for the principal purposes of supplying resuscitation or other emergency relief where human life is endangered.

    (37)

    Residence district. The territory contiguous to a highway not comprising a business district where seventy-five percent (75%) or more of the total frontage, on both sides of the highway, for a distance of three hundred (300) feet or more is occupied by dwellings and land improved for dwelling purposes, or by dwellings, land improved for dwelling purposes and land or buildings in use for business purposes.

    (38)

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

    (39)

    Roadway shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or unpaved area.

    (40)

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

    (41)

    School bus. Any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is:

    (i)

    Designed and used primarily for the transportation of pupils to and from public, private or parochial schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; and

    (ii)

    Painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and

    (iii)

    Is equipped with warning devices prescribed in Section 46.2-1090, Code of Virginia. School buses manufactured prior to July 1, 1974, may continue to have the words "Stop, State Law" in black letters of specified size on front and rear.

    (42)

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

    (43)

    Shoulder shall mean that part of a highway between the portion regularly travelled by vehicular traffic and the lateral curb line or ditch.

    (44)

    Solid rubber tires. Every tire made of rubber other than a pneumatic tire.

    (45)

    Specially constructed vehicles. Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as defined in this Section.

    (46)

    Street. Such term shall have the same meaning as the term "highway," as defined in this Section.

    (47)

    Superintendent shall mean the Superintendent of the Department of State Police of this State.

    (48)

    Tractor truck. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto.

    (48.1)

    Traffic infraction shall mean any violation of any provision of this Chapter, or of any rules or regulations established thereunder, not expressly defined as a felony or misdemeanor, and otherwise not punishable by incarceration or by a fine of more than One Hundred Dollars ($100.00). The term "traffic infraction", used in any other Chapter of this Code, or in any rule or regulation adopted pursuant to any provision of this Chapter, shall have this same meaning and effect.

    (49)

    Traffic lane or lane. shall mean that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles.

    (50)

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

    (51)

    Truck. Every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a gross weight in excess of seven thousand five hundred (7,500) pounds.

    (52)

    Truck lessor. A person who holds the legal title to any motor vehicle, trailer or semitrailer which is the subject of a bona fide written lease for a term of one (1) year or more to another person, provided that:

    (A)

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

    (B)

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

    (C)

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

    (D)

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

    (E)

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

    (53)

    Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks and except any vehicle as may be included within the term bicycle as herein defined. (3-13-63; 1961 Code, § 16-2; 37-76-82; 9-78-82; 34-78-82; 19-79-82; 26-81-82; 30-89-82.)

    Footnotes:
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    2. For similar state law, see Va. Code Ann., § 46.1-1.