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CHAPTER 130.

VEHICLES-MOTOR.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

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[Acts 1921, p. 579. In force May 31, 1921.]

10465. Application for registration.-2. Every owner of a motor

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vehicle or motor bicycle which shall be operated upon the public highways of the state, shall, except as herein otherwise expressly provided, within ten days after he becomes the owner, cause to be filed, by mail or otherwise, in the office of the secretary of state a verified application for registration on a blank to be furnished by the secretary of state for that purpose, containing a brief description of the motor vehicle or motor bicycle to be registered, including the name of the manufacturer and factory number of such vehicle, the character and amount of the motive power stated in figures of horse power in accordance with the ruling established by the Association of Licensed Automobile Manufacturers, the name, age, residence, or business address, including the county of the owner of such motor vehicle or motor bicycle.

This section amends section 10465, Revision of 1914.

Where action is brought for personal injuries of chauffeur at a railroad crossing, it was held proper to reject an instruction that if plaintiff was operating his automobile in violation of this section and section 10476, he was not entitled to recover, without requiring a finding that his violation of such sections contributed to his injury. Central Indiana R. Co. v. Wishard, 186 Ind. 262, 114 N. E. 970.

[Acts 1919, p. 713. In force May 15, 1919.]

10465a. Registration applications on file two years.-1. All applications for registration of motor vehicles which have been on file in the office of the Secretary of State for a period of two years or more may be destroyed at the discretion of the Secretary of State.

[Acts 1921, p. 579. In force May 31, 1921.]

10467. Registration certificate, loss, duplicate.-4. Upon the filing of such application and the payment of the fee hereinafter provided, the secretary of state shall assign to such motor vehicle a distinctive number, and without expense to the applicant, issue and deliver in such manner as the secretary of state may select to the owner a certificate of registration in such form as the secretary of state shall prescribe, and two number plates at a place within the State of Indi ana named by the applicant in his application. In the event of the loss, mutilation or destruction of any certificate of registration, number plate, license or badge, the owner of a registered motor vehicle or bicycle, or manufacturer, or dealer, or chauffeur, as the case may be, may obtain from the secretary of state a duplicate thereof upon filing in the office of the secretary of state an affidavit showing such fact and the payment of a fee of one dollar. Upon receipt of applica tion for duplicate number plate or plates, properly executed, the sec retary of state shall authorize and direct the applicant to display, on his motorcycle or motor vehicle, for a period not exceeding twenty

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VEHICLES-MOTOR.

§ 10468 (20) days, cardboard or wooden number plate or plates with his designated number thereon. In case of motor vehicles the certificate, authorizing the display of temporary cardboard or wooden plates, shall be displayed on the windshield of said motor vehicle. All notary fees collected by the secretary of state in connection with the issuance of licenses by the automobile department shall be covered into the road fund of the state treasury.

This section amends section 10467, Revision of 1914.

10468. Registration, expiration, renewal.

An instruction in an action for personal injuries inflicted by an automobile, that a violation of this section was negligence, and that if such negligence was the proximate cause of the injury the finding should be for the plaintiff, if free from contributory negligence, was erroneous. Conder v. Griffith, 61 App. 218, 111

N. E. 816.

[Acts 1921, p. 579. In force May 31, 1921.]

10469. Fees, rates.-6. The following fees shall be paid to the secretary of state upon the registration or re-registration for each calendar year; for each motor bicycle so registered, the sum of two dollars ($2); for each motor vehicle of less than twenty-five (25) horse power, the sum of five dollars ($5); for each motor vehicle of twenty-five (25) horse-power or more and less than forty (40) horse-power, eight dollars ($8); for each motor vehicle of forty (40) horse-power or more and less than fifty (50) horse-power, twenty dollars ($20), and for each motor vehicle of fifty (50) horse-power or more, the sum of thirty dollars ($30) and for each and every electric propelled motor vehicle, except trucks, so registered, the sum of five dollars ($5); Provided, That for motor vehicles which are used or to be used for commercial purposes, herein referred to as tracks [trucks], the fees for registration shall be as follows: For a truck of less than one (1) ton capacity, six dollars ($6); for a truck of one (1) ton capacity and less than two tons (2) capacity, fifteen dollars ($15); for a truck of two (2) tons capacity and less than three and one-half (32) tons capacity, twenty-five dollars ($25); for a truck of three and one-half (32) tons capacity and less than five (5) tons capacity, fifty dollars ($50); for a truck of five (5) tons capacity and not to exceed seven and one-half (712) tons capacity, seventy-five dollars ($75). No truck of more than seven and one-half (72) tons capacity shall be permitted on the highways of the state. The term "truck" as used in this act shall include all motor vehicles having bodies, beds, boxes, or slip-on beds attached thereon and which are used for commercial purposes; Provided, that hearses or funeral cars shall not be classed as "trucks."

This section amends section 1, Acts 1919, p. 770, which amended section 10469, Revision of 1914.

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VEHICLES-MOTOR.

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10472. Plates, size, contents, delivery, display on vehicles.-9. The secretary of state shall supply and deliver to the address of the owner of each licensed motor vehicle or motor bicycle registered in his office, as herein provided, charges prepaid, and without additional cost, one number plate for each motor bicycle, which shall be of size one-third of that required for motor vehicles as hereinafter provided, and which shall be conspicuously displayed thereon, and two number plates for each motor vehicle other than a motor bicycle. All such number plates issued during any calendar year shall be of like design and color combination, simple and inexpensive as may be for the purpose required, and the number thereon shall correspond with the number of the certificate of registration issued by the secretary of state, as hereinbefore provided, and such number plates shall be conspicuously displayed upon the front and back of the motor vehicle to which they are assigned, whenever the same shall be driven or used upon the public streets, roads, turnpikes, parks, drives or other public highways in the state; and shall be firmly attached to the said motor vehicle and the rear number plate shall not be less than twenty inches above the surface of the ground, and both shall at all times be kept clean and free from grease and dirt. The figures upon such plates shall be separate numerals not less than three and one-half (32) inches long, and each stroke not less than five-eighths (5/8) of an inch in width, and said number plates shall also bear as part of such number the letters "IND" and the year in figures and each of said letters and figures shall be not less than one and one half (1) inches in height: Provided, That in the case of a motor vehicle registered by the manufacturer or dealer there shall be on such plate in addition to the foregoing the letter "M", each stroke of such letter to be at least two and one-half (212) inches long and five-eighths (5/8) of an inch in width. No vehicle shall display the number plates of more than one state at a time, nor shall any plate be used other than those issued or approved by the secretary of state. Such plates shall be a distinctly different color for each calendar year, and there shall be at all times a marked contrast between the color of the number plates and that of the figures and letters thereon: Provided, however, The same combination of colors may be repeated after the lapse of four years from the date of their first issue. The owner of such motor vehicle shall not be required to place any other marks of identity upon such motor bicycle or motor vehicle, except as provided herein. The secretary of state shall pay the actual cost of such number plates, and certificates furnished for all registered motor bicycles and motor vehicles and all costs and expenses connected with the administration of this act from

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the fees collected for such registration and he shall make a sworn detailed statement with each annual report as to the amount expended therefor.

This section amends section 10472, Revision of 1914.

[Acts 1921, p. 464. In force March 10, 1921.]

10476. Signals, brakes, lights, horn, mirrors.-13. Every motor vehicle or motor bicycle operated or driven upon any public highway in this state shall be provided with good and adequate brakes in good working order and sufficient to control such vehicle at all times when the same is in use, and also a suitable bell, horn or other signal device, and every motor vehicle shall, during the period from one-half (1⁄2) hour after sunset to one-half (2) hour before sunrise, display at least two (2) lighted lamps on the front and one (1) on the rear of such motor vehicle, which shall display a red light visible from the rear and the rays of such rear light shall shine upon the number plate carried on the rear of such vehicle in such manner as to render the numerals thereon visible for at least one hundred (100) feet in the direction from which the motor vehicle is proceeding, and every motor bicycle shall, during said period, display one (1) lighted lamp on the front thereof. The light of the front lamp shall be visible at least two hundred (200) feet in the direction in which the motor vehicle is proceeding: Provided, That when any motor vehicle is parked or left standing on the right hand side of any public highway or any street in any city or incorporated town or is so parked or left standing as to be head on to the curb of the street, it shall not be necessary to keep the front lights of such motor vehicle burning.

No part of the machinery of any motor vehicle or motor bicycle shall be left running while such motor vehicle or motor bicycle is left standing without an attendant on any public place or highway in this state.

Every person operating or driving a motor vehicle or motor bicycle on the public highways or other public places of the state shall also, when approaching a crossroad, outside the limits of a city or incorporated town or village, slow down the speed of the same, and shall sound the bell, horn or other device for signalling in such manner as to give notice and warning of his approach.

Every commercial motor vehicle shall be equipped with a mirror or reflector attached to and so located and adjusted on such vehicle as to give the operator thereof a clear reflected view of the highway directly to the rear of such motor vehicle, so as to enable the operator to see and observe machines and vehicles approaching from the rear and desiring to pass. Hereafter it shall be unlawful for any person,

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