placing of markers and the posting of signs and advertising matter on said highways, and shall fix the compensation to be paid to the State by all persons contracting with said board for advertising space on said highways, to be paid in annual, quarterly or monthly installments as may be prescribed by said board. If any contract is made with any person for the purpose of subletting the space by such contractor, the compensation to be paid the State by such contractor shall not be less than twenty per cent of the gross income received by him. No contract for posting signs or advertising on said highways not made by the State Board of Administration shall be valid and all such contracts heretofore attempted to be made by the State Highway Department are hereby expressly declared to be void.

Section 46. (1346) PROCEEDS USED FOR MAINTENANCE OF HIGHWAYS. All proceeds received by the State from such markers, signs or advertisement contracts shall be deposited to the credit of the maintenance fund of the State Highway Department and to be drawn out of the Treasury as other highway funds are withdrawn therefrom.

ARTICLE II.

RULES OF THE ROAD

INCLUDING TRAFFIC VIOLATIONS, DUTIES OF OWN. ERS AND DRIVERS AND REGULATIONS AS TO SIZE. WEIGHT AND EQUIPMENT OF MOTOR VEHICLES; POW.. ERS AND DUTIES OF LOCAL AUTHORITIES.

Section 47. DEFINITIONS. The following words and phrases when used in this article shall for the purpose of this article have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

(a) "Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks; provided, that for the purposes of this article, a bicycle or a ridden animal shall be deemed a vehicle.

(b) "Motor Vehicle." Every vehicle, as herein defined, which is self-propelled.

(c) "Motorcycle." Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicles as may be included within the term "tractor" as herein defined.

(d) "Truck Tractor." 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 weight of the vehicle and load so drawn.

(e) "Farm Tractor." Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

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

(g) "Trailer." Every vehicle without motive power designed for carrying property wholly on its own structure and for being drawn by a motor vehicle.

(h) "Semi-Trailer." 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.

(i) "Pneumatic Tires." All tires inflated with compressed air.

(j) "Solid Rubber Tires." Every tire made of rubber other than pneumatic tire.

(k) "Metal Tires." All tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilent material.

(1) "Person." Every natural person, firm, co-partnership, associations or corporation."

(m) "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 mortgager of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgager shall be deemed the owner for the purpose of this article.

(n) "Highway." Every way or place of whatever nature open to the use of the public, as a matter of right, for purposes of vehicular travel. The term "highway" shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions.

(0) "Private Road or Driveway." Every road or driveway not open to the use of the public for purposes of vehicular travel. (p) "Intersection." The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway cross the other.

(q) "Safety Zone." The area or space officially set aside

within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

(r) "Right of Way." The privilege of the immediate use of the highway.

(s) "Business District." The territory contiguous to a highway when fifty per cent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.

(t) "Residence District." The territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for residence.

(u) "Department." The State Highway Commission acting directly or through its duly authorized officers and agents. (v) "Commissioners." The Vehicle Commissioner of this State who shall be the Commissioner of Maintenance of the State Highway Commission.

(w) "Local Authorities." Every County, municipal and other local board or body having authority to adopt police regulations under the Constitution and laws of the State.

Section 48. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS. It shall be unlawful for any person whether licensed or not who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs to drive any vehicle upon any highway within this State; and upon conviction, shall be punished by imprisonment in the county or municipal jail for not less than thirty days nor more than one year or by fine of not less than one hundred dollars nor more than one thousand dollars or by both such fine and imprisonment. On a second or subsequent conviction he shall be punished by imprisonment at hard labor for not less than ninety days nor more than one year, and in the discretion of the court a fine of not less than two hundred dollars, nor more than one thousand dollars and the court shall prohibit the person so convicted from driving a motor vehicle upon the public highways of this State for a period of not exceeding one year.

Section 49. RECKLESS DRIVING. Any person who drives any vehicle upon a highway carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving and upon conviction shall be punished by imprisonment in in the county or municipal jail for a period of not less than five days nor more than ninety

days or by a fine of not less than twenty-five dollars nor more that five hundred dollars or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than ten days nor more than six months or by a fine of not less than fifty dollars nor more than one thousand dollars, or by both such fine and imprisonment, and the court shall prohibit the person so convicted from driving a motor vehicle on the public highways of this State for a period of not exceeding six months.

Section 50. LOADING FROM RAMPS OR PLATFORMS, OR BY OTHER DEVICE.

(a) It shall be unlawful and constitute a misdemeanor, for any person to park or place any vehicle upon the public highway opposite or at, or near a ramp or any other constructed platform, or any other loading device, and take on or be loaded therefrom. (b) It shall be unlawful and constitute a misdemeanor for any person to unload from a vehicle of any kind in whole or in part, any lumber, logs or any other article upon the highway, or within the limits of the right of way of any public highway, or place lumber or logs, or any other article at or near either limit of the road right of way which may endanger the safety of life, limb, or property of any person passing upon the highway; and any person violating any provisions of this section upon conviction shall be fined not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days, nor more than thirty days, or by both fine and imprisonment.

(c) It shall be the duty of the Commissioner to immediately remove or cause to be removed any ramp, or platform, extending upon the right of way of any public highway, and to remove or cause to be removed immediately upon notice, any obstruction found upon the roadway likely to endanger life, limb or property, and to remove or cause to be removed any obstruction found in the ditchesr drains of any public highway, and shall have the authority to proceed against any person guilty of violating any provisions of this section as provided by law.

Section 51. RESTRICTIONS AS TO SPEED.

(a) Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing, and no person shall drive any vehicle upon a highway at such speed as to endanger the life, limb or property of any person.

(b) Subject to the provisions of subdivision (a) of this section and except in those instances where a lower speed is specified, it shall be prima facie lawful for the driver of a vehicle to

drive the same at a speed not exceeding the following, but in any case when such speed would be unsafe it shall not be lawful.

1. Fifteen miles an hour when approaching within fifty feet of a grade crossing of any steam, electric or street railway when the driver's view is obstructed, a driver's view shall be deemed obstructed when at any time during the last two hundred feet of his approach to such crossing and of any traffic on any such railway for a distance of four hundred feet in each direction from such crossing;

2. Fifteen miles an hour when passing a school during school recess or while children are going to or leaving school during opening and closing hours;

3. Fifteen miles an hour when approaching within fifty feet and in traversing an intersection of highways when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last fifty feet of his approach to such intersection, he does not have a clear and uninterrupted view of such approach to such intersection and of the traffic upon all of the highways entering such intersection for a distance of two hundred feet from such intersection;

4. Fifteen miles an hour in traversing or going around curves or traversing a grade upon a highway when the driver's view is obstructed within a distance of one hundred feet along such highway in the direction in which he is proceeding;

5. Twenty miles an hour on any highway in a business district, as defined herein, when traffic on such highway is controlled at intersections by traffic officers or stop and go signals; 6. Fifteen miles an hour on all other highways in a business district as defined herein;

7. Twenty miles an hour in a residence district, as defined herein, and in public parks unless a different speed is fixed by local authorities and duly posted;

8. Forty-five miles an hour under all other conditions.

It shall be prima facie unlawful for any person to exceed any of the foregoing speed limitations, except as provided in subdivision (c) of this section. In every charge of violation of this section the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed which this section declares shall be prima facie lawful at the time and place of such alleged violation.

(c) Local authorities in their respective jurisdictions are hereby authorized in their discretion to increase the speed which shall be prima facie lawful upon through highways at the entrances to which vehicles are by ordinance of such local authorities required to stop before entering or crossing such through highways. Local authorities shall place and maintain upon all through highways upon which the permissible speed is increased,