1 | 1 | | 2025 SESSION |
---|
2 | 2 | | |
---|
3 | 3 | | INTRODUCED |
---|
4 | 4 | | |
---|
5 | 5 | | 25100644D |
---|
6 | 6 | | |
---|
7 | 7 | | SENATE BILL NO. 1061 |
---|
8 | 8 | | |
---|
9 | 9 | | Offered January 8, 2025 |
---|
10 | 10 | | |
---|
11 | 11 | | Prefiled January 7, 2025 |
---|
12 | 12 | | |
---|
13 | 13 | | A BILL to amend and reenact 46.2-100, 46.2-221.4, 46.2-370, 46.2-411, 46.2-416, 46.2-417, 46.2-607, 46.2-609, 46.2-611 through 46.2-613.1, 46.2-615, 46.2-646, 46.2-646.2, 46.2-647, 46.2-649.1:1, 46.2-663 through 46.2-680, 46.2-688, 46.2-692, 46.2-709, 46.2-711, 46.2-712, 46.2-714, 46.2-716, 46.2-718, 46.2-725, 46.2-727, 46.2-730, 46.2-730.1, 46.2-749.5, 46.2-908.3, 46.2-1000, 46.2-1548, and 58.1-3505 of the Code of Virginia, relating to registration decals; discontinued. |
---|
14 | 14 | | |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | PatronDiggs |
---|
18 | 18 | | |
---|
19 | 19 | | |
---|
20 | 20 | | |
---|
21 | 21 | | Referred to Committee on Transportation |
---|
22 | 22 | | |
---|
23 | 23 | | |
---|
24 | 24 | | |
---|
25 | 25 | | Be it enacted by the General Assembly of Virginia: |
---|
26 | 26 | | |
---|
27 | 27 | | 1. That 46.2-100, 46.2-221.4, 46.2-370, 46.2-411, 46.2-416, 46.2-417, 46.2-607, 46.2-609, 46.2-611 through 46.2-613.1, 46.2-615, 46.2-646, 46.2-646.2, 46.2-647, 46.2-649.1:1, 46.2-663 through 46.2-680, 46.2-688, 46.2-692, 46.2-709, 46.2-711, 46.2-712, 46.2-714, 46.2-716, 46.2-718, 46.2-725, 46.2-727, 46.2-730, 46.2-730.1, 46.2-749.5, 46.2-908.3, 46.2-1000, 46.2-1548, and 58.1-3505 of the Code of Virginia are amended and reenacted as follows: |
---|
28 | 28 | | |
---|
29 | 29 | | 46.2-100. Definitions. |
---|
30 | 30 | | |
---|
31 | 31 | | As used in this title, unless the context requires a different meaning: |
---|
32 | 32 | | |
---|
33 | 33 | | "All-terrain vehicle" means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. "All-terrain vehicle" does not include four-wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term include any riding lawn mower. |
---|
34 | 34 | | |
---|
35 | 35 | | "Antique motor vehicle" means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. |
---|
36 | 36 | | |
---|
37 | 37 | | "Antique trailer" means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. |
---|
38 | 38 | | |
---|
39 | 39 | | "Autocycle" means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. Except as otherwise provided, an autocycle shall not be deemed to be a motorcycle. |
---|
40 | 40 | | |
---|
41 | 41 | | "Automobile transporter" means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles on their power unit, designed and used exclusively for the transportation of motor vehicles or used to transport cargo or general freight on a backhaul pursuant to the provisions of 49 U.S.C. 31111(a)(1). |
---|
42 | 42 | | |
---|
43 | 43 | | "Bicycle" means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. For purposes of Chapter 8 ( 46.2-800 et seq.), a bicycle shall be a vehicle while operated on the highway. |
---|
44 | 44 | | |
---|
45 | 45 | | "Bicycle lane" means that portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds. |
---|
46 | 46 | | |
---|
47 | 47 | | "Business district" means the territory contiguous to a highway where 75 percent or more of the property contiguous to a highway, on either side of the highway, for a distance of 300 feet or more along the highway, is occupied by land and buildings actually in use for business purposes. |
---|
48 | 48 | | |
---|
49 | 49 | | "Camping trailer" means every vehicle that 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. |
---|
50 | 50 | | |
---|
51 | 51 | | "Cancel" or "cancellation" means that the document or privilege cancelled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation. |
---|
52 | 52 | | |
---|
53 | 53 | | "Chauffeur" means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. |
---|
54 | 54 | | |
---|
55 | 55 | | "Circular intersection" means an intersection that has an island, generally circular in design, located in the center of the intersection, where all vehicles pass to the right of the island. Circular intersections include roundabouts, rotaries, and traffic circles. |
---|
56 | 56 | | |
---|
57 | 57 | | "Commission" means the State Corporation Commission. |
---|
58 | 58 | | |
---|
59 | 59 | | "Commissioner" means the Commissioner of the Department of Motor Vehicles of the Commonwealth. |
---|
60 | 60 | | |
---|
61 | 61 | | "Converted electric vehicle" means any motor vehicle, other than a motorcycle or autocycle, that has been modified subsequent to its manufacture to replace an internal combustion engine with an electric propulsion system. Such vehicles shall retain their original vehicle identification number, line-make, and model year. A converted electric vehicle shall not be deemed a "reconstructed vehicle" as defined in this section unless it has been materially altered from its original construction by the removal, addition, or substitution of new or used essential parts other than those required for the conversion to electric propulsion. |
---|
62 | 62 | | |
---|
63 | 63 | | "Crosswalk" means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. |
---|
64 | 64 | | |
---|
65 | 65 | | "Decal" means a device to be attached to a license plate that validates the license plate for a predetermined registration period. |
---|
66 | 66 | | |
---|
67 | 67 | | "Department" means the Department of Motor Vehicles of the Commonwealth. |
---|
68 | 68 | | |
---|
69 | 69 | | "Disabled parking license plate" means a license plate that displays the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts with the background. |
---|
70 | 70 | | |
---|
71 | 71 | | "Disabled veteran" means a veteran who (i) has either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii) is permanently and totally disabled as certified by the U.S. Department of Veterans Affairs. A veteran shall be considered blind if he has a permanent impairment of both eyes to the following extent: central visual acuity of 20/200 or less in the better eye, with corrective lenses, or central visual acuity of more than 20/200, if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye. |
---|
72 | 72 | | |
---|
73 | 73 | | "Driver's license" means any license, including a commercial driver's license as defined in the Virginia Commercial Driver's License Act ( 46.2-341.1 et seq.) and a driver privilege card issued pursuant to 46.2-328.3, issued under the laws of the Commonwealth authorizing the operation of a motor vehicle. |
---|
74 | 74 | | |
---|
75 | 75 | | "Electric personal assistive mobility device" means a self-balancing two-nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to 15 miles per hour or less. For purposes of Chapter 8 ( 46.2-800 et seq.), an electric personal assistive mobility device shall be a vehicle when operated on a highway. |
---|
76 | 76 | | |
---|
77 | 77 | | "Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts. Electric power-assisted bicycles shall be classified as follows: |
---|
78 | 78 | | |
---|
79 | 79 | | 1. "Class one" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour; |
---|
80 | 80 | | |
---|
81 | 81 | | 2. "Class two" means an electric power-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; and |
---|
82 | 82 | | |
---|
83 | 83 | | 3. "Class three" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. |
---|
84 | 84 | | |
---|
85 | 85 | | For the purposes of Chapter 8 ( 46.2-800 et seq.), an electric power-assisted bicycle shall be a vehicle when operated on a highway. |
---|
86 | 86 | | |
---|
87 | 87 | | "Essential parts" means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity of a vehicle. |
---|
88 | 88 | | |
---|
89 | 89 | | "Farm tractor" means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns. |
---|
90 | 90 | | |
---|
91 | 91 | | "Farm utility vehicle" means a vehicle that is powered by a motor and is designed for off-road use and is used as a farm, agricultural, or horticultural service vehicle, generally having four or more wheels, bench seating for the operator and a passenger, a steering wheel for control, and a cargo bed. "Farm utility vehicle" does not include pickup or panel trucks, golf carts, low-speed vehicles, or riding lawn mowers. |
---|
92 | 92 | | |
---|
93 | 93 | | "Federal safety requirements" means applicable provisions of 49 U.S.C. 30101 et seq. and all administrative regulations and policies adopted pursuant thereto. |
---|
94 | 94 | | |
---|
95 | 95 | | "Financial responsibility" means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in 46.2-472. |
---|
96 | 96 | | |
---|
97 | 97 | | "Foreign market vehicle" means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U.S.C. 30101 et seq. and the policies and regulations adopted pursuant to that Act, and for which a Virginia title or registration is sought. |
---|
98 | 98 | | |
---|
99 | 99 | | "Foreign vehicle" means every motor vehicle, trailer, or semitrailer that is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in the Commonwealth. |
---|
100 | 100 | | |
---|
101 | 101 | | "Golf cart" means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. |
---|
102 | 102 | | |
---|
103 | 103 | | "Governing body" means the board of supervisors of a county, council of a city, or council of a town, as context may require. |
---|
104 | 104 | | |
---|
105 | 105 | | "Gross weight" means the aggregate weight of a vehicle or combination of vehicles and the load thereon. |
---|
106 | 106 | | |
---|
107 | 107 | | "Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. |
---|
108 | 108 | | |
---|
109 | 109 | | "Intersection" means (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; (ii) where a highway includes two roadways 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 roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk. |
---|
110 | 110 | | |
---|
111 | 111 | | "Lane-use control signal" means a signal face displaying indications to permit or prohibit the use of specific lanes of a roadway or to indicate the impending prohibition of such use. |
---|
112 | 112 | | |
---|
113 | 113 | | "Law-enforcement officer" means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. For the purposes of access to law-enforcement databases regarding motor vehicle registration and ownership only, "law-enforcement officer" also includes city and county commissioners of the revenue and treasurers, together with their duly designated deputies and employees, when such officials are actually engaged in the enforcement of 46.2-752, 46.2-753, and 46.2-754 and local ordinances enacted thereunder. |
---|
114 | 114 | | |
---|
115 | 115 | | "License plate" means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department. |
---|
116 | 116 | | |
---|
117 | 117 | | "Light" means a device for producing illumination or the illumination produced by the device. |
---|
118 | 118 | | |
---|
119 | 119 | | "Low-speed vehicle" means any four-wheeled electrically powered or gas-powered vehicle, except a motor vehicle or low-speed vehicle that is used exclusively for agricultural or horticultural purposes or a golf cart, whose maximum speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured to comply with safety standards contained in Title 49 of the Code of Federal Regulations, 571.500. |
---|
120 | 120 | | |
---|
121 | 121 | | "Manufactured home" means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" does not include a park model recreational vehicle, which is a vehicle that is (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii) built on a single chassis mounted on wheels; and (iv) certified by the manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle Standard. |
---|
122 | 122 | | |
---|
123 | 123 | | "Military surplus motor vehicle" means a multipurpose or tactical vehicle that was manufactured by or under the direction of the United States Armed Forces for off-road use and subsequently authorized for sale to civilians. "Military surplus motor vehicle" does not include specialized mobile equipment as defined in 46.2-700, trailers, or semitrailers. |
---|
124 | 124 | | |
---|
125 | 125 | | "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. "Moped" does not include an electric power-assisted bicycle or a motorized skateboard or scooter. For purposes of this title, a moped shall be a motorcycle when operated at speeds in excess of 35 miles per hour. For purposes of Chapter 8 ( 46.2-800 et seq.), a moped shall be a vehicle while operated on a highway. |
---|
126 | 126 | | |
---|
127 | 127 | | "Motor-driven cycle" means every motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has a seat less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; and (iii) has no manufacturer-issued vehicle identification number. |
---|
128 | 128 | | |
---|
129 | 129 | | "Motor home" means every private motor vehicle with a normal seating capacity of not more than 10 persons, including the driver, designed primarily for use as living quarters for human beings. |
---|
130 | 130 | | |
---|
131 | 131 | | "Motor vehicle" means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. 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, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, moped, or personal delivery device shall be deemed not to be a motor vehicle. |
---|
132 | 132 | | |
---|
133 | 133 | | "Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. "Motorcycle" does not include any "autocycle," "electric personal assistive mobility device," "electric power-assisted bicycle," "farm tractor," "golf cart," "moped," "motorized skateboard or scooter," "utility vehicle," or "wheelchair or wheelchair conveyance" as defined in this section. |
---|
134 | 134 | | |
---|
135 | 135 | | "Motorized skateboard or scooter" means every vehicle, regardless of the number of its wheels in contact with the ground, that (i) is designed to allow an operator to sit or stand, (ii) has no manufacturer-issued vehicle identification number, (iii) is powered in whole or in part by an electric motor, (iv) weighs less than 100 pounds, and (v) has a speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor. "Motorized skateboard or scooter" includes vehicles with or without handlebars but does not include electric personal assistive mobility devices or electric power-assisted bicycles. |
---|
136 | 136 | | |
---|
137 | 137 | | "Nonresident" means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 ( 46.2-300 et seq.); (iii) a person, other than (a) a nonresident student as defined in this section or (b) a person who is serving a full-time church service or proselyting mission of not more than 36 months and who is not gainfully employed, who has actually resided in the Commonwealth for a period of six months, whether employed or not, or who has registered a motor vehicle, listing an address in the Commonwealth in the application for registration, shall be deemed a resident for the purposes of this title, except for the purposes of the Virginia Commercial Driver's License Act ( 46.2-341.1 et seq.). |
---|
138 | 138 | | |
---|
139 | 139 | | "Nonresident student" means every nonresident person who is enrolled as a full-time student in an accredited institution of learning in the Commonwealth and who is not gainfully employed. |
---|
140 | 140 | | |
---|
141 | 141 | | "Off-road motorcycle" means every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. Except as otherwise provided in this chapter, for the purposes of this chapter off-road motorcycles shall be deemed to be "motorcycles." |
---|
142 | 142 | | |
---|
143 | 143 | | "Operation or use for rent or for hire, for the transportation of passengers, or as a property carrier for compensation," and "business of transporting persons or property" mean any owner or operator of any motor vehicle, trailer, or semitrailer operating over the highways in the Commonwealth who accepts or receives compensation for the service, directly or indirectly; but these terms do not mean a "truck lessor" as defined in this section and do not include persons or businesses that receive compensation for delivering a product that they themselves sell or produce, where a separate charge is made for delivery of the product or the cost of delivery is included in the sale price of the product, but where the person or business does not derive all or a substantial portion of its income from the transportation of persons or property except as part of a sales transaction. |
---|
144 | 144 | | |
---|
145 | 145 | | "Operator" or "driver" means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. |
---|
146 | 146 | | |
---|
147 | 147 | | "Owner" means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. 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 on payment of the rent stipulated, the lessor shall be regarded as the owner of the vehicle, and the vehicle shall be subject to such requirements of this title as are applicable to vehicles operated for compensation. A "truck lessor" as defined in this section shall be regarded as the owner, and his vehicles shall be subject to such requirements of this title as are applicable to vehicles of private carriers. |
---|
148 | 148 | | |
---|
149 | 149 | | "Passenger car" means every motor vehicle other than a motorcycle or autocycle designed and used primarily for the transportation of no more than 10 persons, including the driver. |
---|
150 | 150 | | |
---|
151 | 151 | | "Payment device" means any credit card as defined in 15 U.S.C. 1602 (k) or any "accepted card or other means of access" set forth in 15 U.S.C. 1693a (1). For the purposes of this title, this definition shall also include a card that enables a person to pay for transactions through the use of value stored on the card itself. |
---|
152 | 152 | | |
---|
153 | 153 | | "Personal delivery device" means a powered device operated primarily on sidewalks and crosswalks and intended primarily for the transport of property on public rights-of-way that does not exceed 500 pounds, excluding cargo, and is capable of navigating with or without the active control or monitoring of a natural person. Notwithstanding any other provision of law, a personal delivery device shall not be considered a motor vehicle or a vehicle. |
---|
154 | 154 | | |
---|
155 | 155 | | "Personal delivery device operator" means an entity or its agent that exercises direct physical control or monitoring over the navigation system and operation of a personal delivery device. For the purposes of this definition, "agent" means a person not less than 16 years of age charged by an entity with the responsibility of navigating and operating a personal delivery device. "Personal delivery device operator" does not include (i) an entity or person who requests the services of a personal delivery device to transport property or (ii) an entity or person who only arranges for and dispatches the requested services of a personal delivery device. |
---|
156 | 156 | | |
---|
157 | 157 | | "Pickup or panel truck" means (i) every motor vehicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less or (ii) every motor vehicle registered for personal use, designed to transport property on its own structure independent of any other vehicle, and having a registered gross weight in excess of 7,500 pounds but not in excess of 10,000 pounds. |
---|
158 | 158 | | |
---|
159 | 159 | | "Private road or driveway" means 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. |
---|
160 | 160 | | |
---|
161 | 161 | | "Reconstructed vehicle" means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. Such vehicles, at the discretion of the Department, shall retain their original vehicle identification number, line-make, and model year. Except as otherwise provided in this title, this definition shall not include a "converted electric vehicle" as defined in this section. |
---|
162 | 162 | | |
---|
163 | 163 | | "Replica vehicle" means every vehicle of a type required to be registered under this title not fully constructed by a licensed manufacturer but either constructed or assembled from components. Such components may be from a single vehicle, multiple vehicles, a kit, parts, or fabricated components. The kit may be made up of "major components" as defined in 46.2-1600, a full body, or a full chassis, or a combination of these parts. The vehicle shall resemble a vehicle of distinctive name, line-make, model, or type as produced by a licensed manufacturer or manufacturer no longer in business and is not a reconstructed or specially constructed vehicle as herein defined. |
---|
164 | 164 | | |
---|
165 | 165 | | "Residence district" means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 ( 15.2-2200 et seq.) of Title 15.2. |
---|
166 | 166 | | |
---|
167 | 167 | | "Revoke" or "revocation" means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. |
---|
168 | 168 | | |
---|
169 | 169 | | "Roadway" means 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 an unpaved area. |
---|
170 | 170 | | |
---|
171 | 171 | | "Safety zone" means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs. |
---|
172 | 172 | | |
---|
173 | 173 | | "School bus" means 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 religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (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 46.2-1090. A yellow school bus may have a white roof provided such vehicle is painted in accordance with regulations promulgated by the Department of Education. |
---|
174 | 174 | | |
---|
175 | 175 | | "Semitrailer" means 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 on or is carried by another vehicle. |
---|
176 | 176 | | |
---|
177 | 177 | | "Shared-use path" means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. Shared-use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users and personal delivery devices. |
---|
178 | 178 | | |
---|
179 | 179 | | "Shoulder" means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. |
---|
180 | 180 | | |
---|
181 | 181 | | "Sidewalk" means the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. |
---|
182 | 182 | | |
---|
183 | 183 | | "Snowmobile" means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats. |
---|
184 | 184 | | |
---|
185 | 185 | | "Special construction and forestry equipment" means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a public highway. |
---|
186 | 186 | | |
---|
187 | 187 | | "Specially constructed vehicle" means any vehicle that was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined. |
---|
188 | 188 | | |
---|
189 | 189 | | "Stinger-steered automobile or watercraft transporter" means an automobile or watercraft transporter configured as a semitrailer combination wherein the fifth wheel is located on a drop frame behind and below the rearmost axle of the power unit. |
---|
190 | 190 | | |
---|
191 | 191 | | "Superintendent" means the Superintendent of the Department of State Police of the Commonwealth. |
---|
192 | 192 | | |
---|
193 | 193 | | "Suspend" or "suspension" means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. |
---|
194 | 194 | | |
---|
195 | 195 | | "Tow truck" means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds. "Tow truck" also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks." "Tow truck" does not include any "automobile or watercraft transporter," "stinger-steered automobile or watercraft transporter," or "tractor truck" as those terms are defined in this section. |
---|
196 | 196 | | |
---|
197 | 197 | | "Towing and recovery operator" means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated. |
---|
198 | 198 | | |
---|
199 | 199 | | "Toy vehicle" means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. "Toy vehicle" does not include electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, motorized skateboards or scooters, or motorcycles, nor does it include any nonmotorized or nonpropellant-driven devices such as bicycles, roller skates, or skateboards. |
---|
200 | 200 | | |
---|
201 | 201 | | "Tractor truck" means 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. |
---|
202 | 202 | | |
---|
203 | 203 | | "Traffic control device" means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. |
---|
204 | 204 | | |
---|
205 | 205 | | "Traffic infraction" means a violation of law punishable as provided in 46.2-113, which is neither a felony nor a misdemeanor. |
---|
206 | 206 | | |
---|
207 | 207 | | "Traffic lane" or "lane" means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. |
---|
208 | 208 | | |
---|
209 | 209 | | "Trailer" means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. |
---|
210 | 210 | | |
---|
211 | 211 | | "Truck" means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. "Truck" does not include any pickup or panel truck. |
---|
212 | 212 | | |
---|
213 | 213 | | "Truck lessor" means a person who holds the legal title to any motor vehicle, trailer, or semitrailer that is the subject of a bona fide written lease for a term of one year or more to another person, provided that: (i) 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 46.2-2000; (ii) the leased motor vehicle, trailer, or semitrailer is used exclusively for the transportation of property of the lessee; (iii) the lessor is not employed in any capacity by the lessee; (iv) 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 (v) a true copy of the lease, verified by affidavit of the lessor, is filed with the Commissioner. |
---|
214 | 214 | | |
---|
215 | 215 | | "Utility vehicle" means a motor vehicle that is (i) designed for off-road use, (ii) powered by a motor, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. "Utility vehicle" does not include riding lawn mowers. |
---|
216 | 216 | | |
---|
217 | 217 | | "Vehicle" means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 ( 46.2-800 et seq.), bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds shall be vehicles while operated on a highway. |
---|
218 | 218 | | |
---|
219 | 219 | | "Watercraft transporter" means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport watercraft on their power unit, designed and used exclusively for the transportation of watercraft. |
---|
220 | 220 | | |
---|
221 | 221 | | "Wheel chair or wheel chair conveyance" means a chair or seat equipped with wheels, typically used to provide mobility for persons who, by reason of physical disability, are otherwise unable to move about as pedestrians. "Wheel chair or wheel chair conveyance" includes both three-wheeled and four-wheeled devices. So long as it is operated only as provided in 46.2-677, a self-propelled wheel chair or self-propelled wheel chair conveyance shall not be considered a motor vehicle. |
---|
222 | 222 | | |
---|
223 | 223 | | 46.2-221.4. Grace period for replacement of license plates and registrations for certain persons in service to the United States government. |
---|
224 | 224 | | |
---|
225 | 225 | | Owners or lessees of vehicles registered in the Commonwealth who (i) have served outside of the United States in the armed services of the United States, (ii) have served outside the United States as a member of the diplomatic service of the United States appointed under the Foreign Service Act of 1946, (iii) have been a civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government, or (iv) are a spouse or dependent accompanying any such member of the armed services or diplomatic service serving outside the United States or civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government shall have a 90-day grace period, beginning on the date that such person is no longer serving outside the United States, in which to comply with the vehicle registration requirements of this title. |
---|
226 | 226 | | |
---|
227 | 227 | | To be eligible for the grace period, the vehicle shall: |
---|
228 | 228 | | |
---|
229 | 229 | | 1. Be owned or leased by a person or persons qualifying under this section; |
---|
230 | 230 | | |
---|
231 | 231 | | 2. Have had valid registration issued by the Department at the time the member of the armed services of the United States, member of the diplomatic service, civilian employee of the United States government, or any agency or contractor thereof began service outside of the United States; |
---|
232 | 232 | | |
---|
233 | 233 | | 3. Comply with the financial responsibility requirements of this title; |
---|
234 | 234 | | |
---|
235 | 235 | | 4. Display the latest license plates and decals issued by the Department for the vehicle; and |
---|
236 | 236 | | |
---|
237 | 237 | | 5. Be operated only by persons qualifying under this section while possessing: |
---|
238 | 238 | | |
---|
239 | 239 | | a. Orders or other military documentation demonstrating that they are entitled to the benefits of this section; and |
---|
240 | 240 | | |
---|
241 | 241 | | b. The latest registration card issued by the Department for the vehicle. |
---|
242 | 242 | | |
---|
243 | 243 | | Nothing in this section shall be construed to prohibit any person or persons who own or lease vehicles registered in the Commonwealth and are currently serving outside of the United States in the armed services of the United States from complying, when possible and as necessary, with the vehicle registration requirements of this title during the period of service outside the United States or while on leave in Virginia. |
---|
244 | 244 | | |
---|
245 | 245 | | For the purposes of this section "the armed services of the United States" includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component. |
---|
246 | 246 | | |
---|
247 | 247 | | The provisions of this section shall not apply to special license plates issued to members of the National Guard under 46.2-744. |
---|
248 | 248 | | |
---|
249 | 249 | | 46.2-370. Revoked driver's licenses, special identification cards, certificates of title, license plates, registration cards to be returned; Commissioner may take possession of them. |
---|
250 | 250 | | |
---|
251 | 251 | | A. Any person whose driver's license, special identification card, certificate of title, registration card, or license plates have been suspended, cancelled, or revoked as provided in this title or in Title 18.2 and have not been reinstated, shall immediately return every such license, unless it has been surrendered to the court as required by law, special identification card, certificate of title, registration card, and set of license plates or decals held by him to the Commissioner. |
---|
252 | 252 | | |
---|
253 | 253 | | B. The Commissioner may take possession of any driver's license, special identification card, certificate of title, registration card, or set of license plates or decals on their suspension, cancellation, or revocation under the provisions of this title or in Title 18.2 or may direct any law-enforcement officer to take possession of and return them to the office of the Commissioner. Whenever any person fails or refuses to surrender a driver's license, special identification card, certificate of title, registration card, or license plates, or decals requiring a representative of the Department designated by the Commissioner to serve the order of suspension, cancellation, or revocation, or whenever the Department directs a sheriff to effect service of a decision, order, or notice pursuant to 46.2-416, the person sought to be served shall, in addition to any other required statutory fees, pay a fee of ten dollars $10 to partially defray the cost of administration incurred by the Department and the Commissioner. No such revoked, cancelled, or suspended license, special identification card, certificate of title, or registration items shall be reinstated before the ten-dollar fee is paid. All fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department. |
---|
254 | 254 | | |
---|
255 | 255 | | 46.2-411. Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee. |
---|
256 | 256 | | |
---|
257 | 257 | | A. The Commissioner may refuse, after a hearing if demanded, to issue to any person whose license has been suspended or revoked any new or renewal license, or to register any motor vehicle in the name of the person, whenever he deems or in case of a hearing finds it necessary for the safety of the public on the highways in the Commonwealth. |
---|
258 | 258 | | |
---|
259 | 259 | | B. Before granting or restoring a license or registration to any person whose driver's license or other privilege to drive motor vehicles or privilege to register a motor vehicle has been revoked or suspended pursuant to 46.2-389, 46.2-391, 46.2-391.1, or 46.2-417, the Commissioner shall require proof of financial responsibility in the future as provided in Article 15 ( 46.2-435 et seq.), but no person shall be licensed who may not be licensed under the provisions of 46.2-389 through 46.2-431. |
---|
260 | 260 | | |
---|
261 | 261 | | C. Whenever the driver's license or registration cards, license plates and decals, or other privilege to drive or to register motor vehicles of any resident or nonresident person is suspended or revoked by the Commissioner or by a district court or circuit court pursuant to the provisions of Title 18.2 or this title, or any valid local ordinance, the order of suspension or revocation shall remain in effect and the driver's license, registration cards, license plates and decals, or other privilege to drive or register motor vehicles shall not be reinstated and no new driver's license, registration cards, license plates and decals, or other privilege to drive or register motor vehicles shall be issued or granted unless such person, in addition to complying with all other provisions of law, pays to the Commissioner a reinstatement fee of $30. The reinstatement fee shall be increased by $30 whenever such suspension or revocation results from conviction of involuntary manslaughter in violation of 18.2-36.1; conviction of maiming resulting from driving while intoxicated in violation of 18.2-51.4; conviction of driving while intoxicated in violation of 18.2-266 or 46.2-341.24; conviction of driving after illegally consuming alcohol in violation of 18.2-266.1 or failure to comply with court imposed conditions pursuant to subsection D of 18.2-271.1; unreasonable refusal to submit to drug or alcohol testing in violation of 18.2-268.2; conviction of driving while a license, permit or privilege to drive was suspended or revoked in violation of 46.2-301 or 46.2-341.21; disqualification pursuant to 46.2-341.20; violation of driver's license probation pursuant to 46.2-499; failure to attend a driver improvement clinic pursuant to 46.2-503 or interventions pursuant to former 46.2-351.1; conviction of eluding police in violation of 46.2-817; conviction of hit and run in violation of 46.2-894; conviction of reckless driving in violation of Article 7 ( 46.2-852 et seq.) of Chapter 8 of Title 46.2 or a conviction, finding or adjudication under any similar local ordinance, federal law or law of any other state. Five dollars of the additional amount shall be retained by the Department as provided in this section and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to Article 12 ( 51.5-178 et seq.) of Chapter 14 of Title 51.5. When three years have elapsed from the termination date of the order of suspension or revocation and the person has complied with all other provisions of law, the Commissioner may relieve him of paying the reinstatement fee. |
---|
262 | 262 | | |
---|
263 | 263 | | D. No reinstatement fee shall be required when the suspension or revocation of license results from the person's suffering from mental or physical infirmities or disabilities from natural causes not related to the use of self-administered intoxicants or drugs. No reinstatement fee shall be collected from any person whose license is suspended by a court of competent jurisdiction for any reason, other than a cause for mandatory suspension as provided in this title, provided the court ordering the suspension is not required by 46.2-398 to forward the license to the Department during the suspended period. |
---|
264 | 264 | | |
---|
265 | 265 | | E. Except as otherwise provided in this section and 18.2-271.1, reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department. |
---|
266 | 266 | | |
---|
267 | 267 | | F. Before granting or restoring a license or registration to any person whose driver's license or other privilege to drive motor vehicles or privilege to register a motor vehicle has been revoked or suspended, the Commissioner shall collect from such person, in addition to all other fees provided for in this section, an additional fee of $40. The Commissioner shall pay all fees collected pursuant to this subsection into the Trauma Center Fund, created pursuant to 18.2-270.01, for the purpose of defraying the costs of providing emergency medical care to victims of automobile accidents attributable to alcohol or drug use. |
---|
268 | 268 | | |
---|
269 | 269 | | G. Whenever any person is required to pay a reinstatement fee pursuant to subsection C or pursuant to subsection E of 18.2-271.1 and such person has more than one suspension or revocation on his record for which reinstatement is required, then such person shall be required to pay one reinstatement fee, the amount of which shall equal the full reinstatement fee attributable to the one of his revocations or suspensions that would trigger the highest reinstatement fee, plus an additional $5 fee for administrative costs associated with compliance for each additional suspension or revocation. Fees collected pursuant to this subsection shall be set aside as a special fund to be used to meet the expenses of the Department. |
---|
270 | 270 | | |
---|
271 | 271 | | 46.2-416. Notice of suspension or revocation of license. |
---|
272 | 272 | | |
---|
273 | 273 | | A. Whenever it is provided in this title that a driver's license may or shall be suspended or revoked either by the Commissioner or by a court, notice of the suspension or revocation or any certified copy of the decision or order of the Commissioner may be sent by the Department by certified mail to the driver at the most recent address of the driver on file at the Department. If the certificate of the Commissioner or someone designated by him for that purpose shows that the notice or copy has been so sent or provided, it shall be deemed prima facie evidence that the notice or copy has been sent and delivered or otherwise provided to the driver for all purposes involving the application of the provisions of this title. In the discretion of the Commissioner, service may be made as provided in 8.01-296, which service on the driver shall be made by delivery in writing to the driver in person in accordance with subdivision 1 of 8.01-296 by a sheriff or deputy sheriff in the county or city in which the address is located, who shall, as directed by the Commissioner, take possession of any suspended or revoked license, registration card, or set of license plates or decals and return them to the office of the Commissioner. No such service shall be made if, prior to service, the driver has complied with the requirement which caused the issuance of the decision or order. In any such case, return shall be made to the Commissioner. |
---|
274 | 274 | | |
---|
275 | 275 | | B. In lieu of making a direct payment to sheriffs as a fee for delivery of the Department's processes, the Commissioner shall effect a transfer of funds, on a monthly basis, to the Compensation Board to be used to provide additional support to sheriffs' departments. The amount of funds so transferred shall be as provided in the general appropriation act. |
---|
276 | 276 | | |
---|
277 | 277 | | C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System. |
---|
278 | 278 | | |
---|
279 | 279 | | 46.2-417. Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment. |
---|
280 | 280 | | |
---|
281 | 281 | | A. Upon the application of any judgment creditor, the Commissioner shall suspend the driver's license and all of the registration certificates and license plates of any person who has failed for 30 days to satisfy any judgment (i) in an amount and on a cause of action as hereinafter stated in this subsection or (ii) in an amount and on a cause of action pursuant to 15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticated judgment order or abstract thereof in an action for damages in a motor vehicle accident or pursuant to 15.2-1716 or 15.2-1716.1, if the order or abstract is received by the Commissioner within 10 years of the date of judgment or if the judgment has been revived. However, if judgment is marked satisfied on the court records on or before the Commissioner's issuance of suspension, the order of suspension shall be invalid. |
---|
282 | 282 | | |
---|
283 | 283 | | B. The Commissioner shall not, however, suspend the license of an owner or driver if the insurance carried by him was in a company which was authorized to transact business in this Commonwealth and which subsequent to an accident involving the owner or driver and prior to settlement of the claim therefor went into liquidation, so that the owner or driver is thereby unable to satisfy the judgment arising out of the accident. |
---|
284 | 284 | | |
---|
285 | 285 | | C. The Commissioner shall not suspend the driver's license or, driving privilege, or any registration certificate, or license plates, or decals under clause (i) of subsection A or 46.2-418, if the Commissioner finds that an insurer authorized to do business in the Commonwealth was obligated to pay the judgment upon which suspension is based, or that a policy of the insurer covers the person subject to the suspension, if the insurer's obligation or the limits of the policy are in an amount sufficient to meet the minimum amounts required by 46.2-472, even though the insurer has not paid the judgment for any reason. A finding by the Commissioner that an insurer is obligated to pay a judgment, or that a policy of an insurer covers the person, shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this article. Whenever in any judicial proceeding it is determined by any final judgment, decree, or order that an insurer is not obligated to pay the judgment, the Commissioner, notwithstanding any contrary finding made by him, forthwith shall suspend the driver's license or, driving privilege, or any registration card, or license plates or decals of any person against whom the judgment was rendered, as provided in subsection A. |
---|
286 | 286 | | |
---|
287 | 287 | | D. Any suspensions timely requested by any judgment creditor under subsection A and issued by the Commissioner shall not extend (i) beyond 10 years from the date of judgment for any civil judgment obtained in a general district court, unless the judgment creditor notifies the Commissioner that an extension has been granted as provided in subdivision B 4 of 16.1-69.55 or (ii) beyond 20 years from the date of judgment for any civil judgment obtained in a circuit court, unless the judgment creditor notifies the Commissioner that an extension has been granted as provided in 8.01-251. The expiration of such suspension shall not relieve the judgment debtor of complying with the requirements of proof of financial responsibility pursuant to subsection B of 46.2-411 and the reinstatement fees pursuant to subsections C and F of 46.2-411 after the judgment debtor becomes eligible for restoration of his driving privileges. |
---|
288 | 288 | | |
---|
289 | 289 | | 46.2-607. Duplicates for lost or mutilated indicia of titling and registration. |
---|
290 | 290 | | |
---|
291 | 291 | | If any license plate, decal, registration card, or certificate of title is lost, mutilated, or has become illegible, the person who is entitled to the certificate shall immediately apply for and obtain a replacement after furnishing information of the fact satisfactory to the Department and after payment of the required fees. |
---|
292 | 292 | | |
---|
293 | 293 | | A person who has twice obtained a replacement set of license plates or decals shall not be entitled to obtain another set of license plates or decals during the license period for which the original set of plates was issued unless the Commissioner finds that the replacement license plates or decals have been lost or mutilated without the fault of the person entitled to them. |
---|
294 | 294 | | |
---|
295 | 295 | | 46.2-609. When registration may be suspended or revoked. |
---|
296 | 296 | | |
---|
297 | 297 | | A. The Department may revoke the registration of a motor vehicle, trailer, or semitrailer and may revoke the registration card, or license plates, or decals whenever the person to whom the registration card, or license plates, or decals have been issued makes or permits to be made an unlawful use of any of them or permits their use by a person not entitled to them, or fails or refuses to pay, within the time prescribed by law, any fuel taxes or other taxes or fees required to be collected or authorized to be collected by the Department regardless of whether the fee applies to that particular vehicle. |
---|
298 | 298 | | |
---|
299 | 299 | | B. The Department may suspend or revoke the registration card, or license plates, or decals issued to a commercial motor vehicle if the motor carrier responsible for safety of the vehicle has been prohibited from operating by a federal agency. For purposes of this subsection, the terms "commercial motor vehicle" and "motor carrier" shall be as defined in 52-8.4. |
---|
300 | 300 | | |
---|
301 | 301 | | 46.2-611. Appeal. |
---|
302 | 302 | | |
---|
303 | 303 | | From any action by the Department under this title suspending or revoking, rescinding or cancelling the registration of any motor vehicle, trailer, or semitrailer or suspending, revoking, cancelling, or repossessing any registration card, or license plates, or decals or denying an application for transfer of title, an appeal shall lie in accordance with the Administrative Process Act ( 2.2-4000 et seq.). |
---|
304 | 304 | | |
---|
305 | 305 | | 46.2-612. Failure to surrender revoked certificate of title, registration card or license plates; other offenses relating to registration, licensing, and certificates of title; penalties. |
---|
306 | 306 | | |
---|
307 | 307 | | A. It shall be unlawful for the owner of any motor vehicle, trailer, or semitrailer, for which license plates, decals, or registration cards have been revoked pursuant to this article, to fail or refuse to surrender to the Department, on demand, a certificate of title if it is incorrect in any material particular. Violation of this subsection shall constitute a Class 2 misdemeanor. |
---|
308 | 308 | | |
---|
309 | 309 | | B. No person shall: |
---|
310 | 310 | | |
---|
311 | 311 | | 1. Display or cause or permit to be displayed any registration card, certificate of title, or license plate or decal that he knows is fictitious or that he knows has been canceled, revoked, suspended, or altered; or display or cause or permit to be displayed on any motor vehicle, trailer, or semitrailer any license plate or decal that he knows is currently issued for another vehicle. Violation of this subdivision shall constitute a Class 2 misdemeanor. |
---|
312 | 312 | | |
---|
313 | 313 | | 2. Fail or refuse to surrender to the Department or the Department of State Police, on demand, any certificate of title, registration card, or license plate or decal that has been suspended, canceled, or revoked. Violation of this subdivision shall constitute a Class 2 misdemeanor. |
---|
314 | 314 | | |
---|
315 | 315 | | 3. Use a false name or address in any application for the registration of any motor vehicle, trailer, or semitrailer, for a certificate of title, or for any renewal or duplicate certificate or knowingly make a false statement of a material fact, knowingly conceal a material fact, or otherwise commit a fraud in any registration application. Violation of this subdivision shall constitute a Class 1 misdemeanor. |
---|
316 | 316 | | |
---|
317 | 317 | | 46.2-613. Infractions relating to registration, licensing, and certificates of title; penalties. |
---|
318 | 318 | | |
---|
319 | 319 | | A. No person shall: |
---|
320 | 320 | | |
---|
321 | 321 | | 1. Operate, park, or permit the operation or parking of a motor vehicle, trailer, or semitrailer owned, leased, or otherwise controlled by him on a highway unless (i) it is registered, (ii) a certificate of title therefor has been issued, and (iii) it has displayed on it the license plate or plates and decal or decals, if any, assigned to it by the Department for the current registration period, subject to the exemptions mentioned in Article 5 ( 46.2-655 et seq.) and Article 6 ( 46.2-662 et seq.). The provisions of this subdivision shall apply to the registration, licensing, and titling of mopeds on or after July 1, 2014. |
---|
322 | 322 | | |
---|
323 | 323 | | 2. Possess or use any registration card, or license plate, or decal to which he is not entitled or knowingly permit the use of any registration card, or license plate, or decal by anyone not entitled to it. |
---|
324 | 324 | | |
---|
325 | 325 | | 3. Willfully and intentionally violate the limitations imposed under 46.2-665, 46.2-666, and 46.2-670 while operating an unregistered vehicle pursuant to the agricultural and horticultural exemptions allowed under those sections. A first violation of this subdivision shall constitute a traffic infraction punishable by a fine of not more than $250, and a second or subsequent violation of this subdivision shall constitute a traffic infraction punishable by a fine of $250. |
---|
326 | 326 | | |
---|
327 | 327 | | B. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date. |
---|
328 | 328 | | |
---|
329 | 329 | | 46.2-613.1. Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations. |
---|
330 | 330 | | |
---|
331 | 331 | | A. A civil penalty of $250 and a processing fee of $20 shall be levied against any person who while at a permanent weighing station: |
---|
332 | 332 | | |
---|
333 | 333 | | 1. Operates or permits the operation of a truck or tractor truck with a gross weight greater than 7,500 pounds, a trailer, or a semitrailer owned, leased, or otherwise controlled by him on any highway in the Commonwealth unless (i) it is registered, (ii) a certificate of title therefor has been issued, and (iii) it has displayed on it the license plate or plates and decal or decals required by this title. |
---|
334 | 334 | | |
---|
335 | 335 | | 2. Operates or causes to be operated on any highway in the Commonwealth any motor vehicle that is not in compliance with the Unified Carrier Registration System authorized under 49 U.S.C. 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder. |
---|
336 | 336 | | |
---|
337 | 337 | | 3. Operates or permits the operation of any truck or tractor truck for which the fee for registration is prescribed by 46.2-697 on any highway in the Commonwealth (i) without first having paid the registration fee hereinabove prescribed or (ii) if at the time of operation the gross weight of the vehicle or of the combination of vehicles of which it is a part is in excess of the gross weight on the basis of which it is registered. In any case where a pickup truck is used in combination with another vehicle, the civil penalty and processing fee shall be assessed only if the combined gross weight exceeds the combined gross weight on the basis of which each vehicle is registered. |
---|
338 | 338 | | |
---|
339 | 339 | | 4. (i) Fails to declare a motor vehicle to be operated for hire when required by 46.2-2121.1 or obtain a proper registration card or other evidence of registration as required by this chapter; (ii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification required by this title, display an identification marker issued for the vehicle by the Department in the manner prescribed by the Department, or display any other identifying information required by this title; or (iii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration cards or identification markers from the Department after such registration cards or identification markers have been revoked, canceled, or suspended. |
---|
340 | 340 | | |
---|
341 | 341 | | 5. (i) Fails to obtain a proper registration card, identification marker, or other evidence of registration required by Chapter 27 ( 58.1-2700 et seq.) of Title 58.1 or the terms and provisions of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc.; (ii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification marker required by Chapter 27 ( 58.1-2700 et seq.) of Title 58.1 or the terms and provisions of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc., or any motor vehicle that does not display an identification marker or other identifying information as prescribed by the Department or required by Title 58.1 or the terms of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc.; or (iii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration cards or identification markers from the Department after such registration cards or identification markers have been revoked, canceled, or suspended. |
---|
342 | 342 | | |
---|
343 | 343 | | 6. Operates or causes to be operated on any highway in the Commonwealth any truck or tractor truck or combination of vehicles exceeding the size limitations of Articles 14 ( 46.2-1101 et seq.), 15 ( 46.2-1105 et seq.), 16 ( 46.2-1112 et seq.), and 18 ( 46.2-1139 et seq.) of Chapter 10. |
---|
344 | 344 | | |
---|
345 | 345 | | B. Upon collection by the Department, civil penalties levied pursuant to subdivisions A 1 and A 3 through 5 shall be paid into the Commonwealth Transportation Fund, but civil penalties levied pursuant to subdivisions A 2 and 6 and all processing fees levied pursuant to this section shall be paid into the state treasury and shall be set aside as a special fund to meet the expenses of the Department of Motor Vehicles. |
---|
346 | 346 | | |
---|
347 | 347 | | C. The penalties and fees specified in this section shall be in addition to any other penalty, fee, tax, or liability that may be imposed by law. |
---|
348 | 348 | | |
---|
349 | 349 | | 46.2-615. Registration effective after death of owner. |
---|
350 | 350 | | |
---|
351 | 351 | | Upon the death of an owner of a registered motor vehicle, trailer, or semitrailer, its registration shall continue in force as a valid registration until (i) the end of the registration period for which the license plates or decals are issued or (ii) the ownership of the motor vehicle, trailer, or semitrailer is transferred before the end of the registration period by the executor or administrator of the estate of the deceased owner or by a legatee or distributee of the estate, as provided in 46.2-632 or 46.2-633, (iii) its ownership is transferred to a new owner before the end of the registration period by the survivor of its two joint owners, or (iv) its ownership is transferred pursuant to 46.2-633.2. |
---|
352 | 352 | | |
---|
353 | 353 | | 46.2-646. Expiration and renewal of registration. |
---|
354 | 354 | | |
---|
355 | 355 | | A. Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring registration if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions. |
---|
356 | 356 | | |
---|
357 | 357 | | B. All motor vehicles, trailers, and semitrailers registered in the Commonwealth shall, at the discretion of the Commissioner, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the 12 months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for a period of 12 months. The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month. |
---|
358 | 358 | | |
---|
359 | 359 | | C. The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for those registered under the International Registration Plan. When this option is offered and chosen by the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered. |
---|
360 | 360 | | |
---|
361 | 361 | | D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date. |
---|
362 | 362 | | |
---|
363 | 363 | | E. No law-enforcement officer shall stop a motor vehicle due to an expired registration sticker prior to the first day of the fourth month after the original expiration date. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding. |
---|
364 | 364 | | |
---|
365 | 365 | | 46.2-646.2. Registration extension for satisfaction of certain requirements. |
---|
366 | 366 | | |
---|
367 | 367 | | A. Upon request by an applicant, the Commissioner may grant a one-month extension of the registration period of a vehicle if the vehicle registration has been withheld pursuant to 33.2-503, 46.2-752, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, or 46.2-1183 and the current registration period will expire within the calendar month. No extension may be granted for an expired vehicle registration, and only one extension may be granted for any one vehicle registration period. |
---|
368 | 368 | | |
---|
369 | 369 | | B. For each extension granted, the Commissioner shall collect (i) a $10 administrative fee and (ii) a fee sufficient for a one-month registration period for the vehicle, as calculated under subsection B of 46.2-694. On receipt of such fees, the Commissioner shall issue a registration card and, if applicable, decals indicating the month of expiration of the vehicle registration. Upon satisfying the requirements for which the vehicle registration has been withheld, the applicant may elect to renew the vehicle registration. For such renewal, the Commissioner shall collect the appropriate registration renewal fee and issue a registration card and, if applicable, decals. The renewal shall take effect on the first day succeeding the month in which the registration extension expires. When offered by the Commissioner, the applicant may elect to renew the vehicle registration for multiple years, pursuant to 46.2-646. |
---|
370 | 370 | | |
---|
371 | 371 | | C. All administrative fees imposed and collected by the Commissioner under this section shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department. |
---|
372 | 372 | | |
---|
373 | 373 | | 46.2-647. Grace period for replacement of license plates and renewal of registrations. |
---|
374 | 374 | | |
---|
375 | 375 | | The Commissioner may, on finding either that the Department is unable to efficiently handle the replacement of license plates or decals or the renewal of registrations scheduled to expire during a specific month, or that persons seeking to secure license plates, decals, or registration renewals are, as a group, unable to do so without being substantially inconvenienced, declare a grace period for the replacement of license plates or decals and the renewal of registrations. The declaration of a grace period shall have the effect of postponing the expiration of those license plates, decals, and registrations scheduled to expire on the last day of that month to the fifteenth day of the succeeding month. |
---|
376 | 376 | | |
---|
377 | 377 | | 46.2-649.1:1. Registration of vehicles owned and used by volunteer fire departments or volunteer, commercial, or private emergency medical services agencies. |
---|
378 | 378 | | |
---|
379 | 379 | | Upon application therefor, the Commissioner shall register and issue permanent license plates without year or month decals for display on any (i) firefighting truck, trailer, and semitrailer on which firefighting apparatus is permanently attached when any such vehicle is owned or under exclusive control of a volunteer fire department; (ii) emergency medical services vehicle or other vehicle owned or used exclusively by a volunteer fire department or volunteer emergency medical services agency if any such vehicle is used exclusively as an emergency medical services vehicle and is not rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the organization for the use of the vehicle; or (iii) emergency medical services vehicle owned or under exclusive control of a commercial or privately owned emergency medical services agency, as defined in 32.1-111.1, if any such vehicle is not rented, leased, or lent to any private individual, firm, or corporation that is not another emergency medical services agency. The equipment shall be painted a distinguishing color and conspicuously display in letters and figures not less than three inches in height the identity of the emergency medical services agency, volunteer fire department, or volunteer emergency medical services agency having control of its operation. |
---|
380 | 380 | | |
---|
381 | 381 | | No fee shall be charged for any vehicle registration or license plate issuance under clause (i) or (ii). The fees charged for vehicle registration under clause (iii) shall be as provided in 46.2-694. |
---|
382 | 382 | | |
---|
383 | 383 | | 46.2-663. Backhoes. |
---|
384 | 384 | | |
---|
385 | 385 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any backhoe operated on any highway for a distance of no more than twenty miles from its operating base. |
---|
386 | 386 | | |
---|
387 | 387 | | 46.2-664. Vehicles used for spraying fruit trees and other plants. |
---|
388 | 388 | | |
---|
389 | 389 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any vehicle on which is securely attached a machine for spraying fruit trees and other plants of the owner or lessee of the truck. |
---|
390 | 390 | | |
---|
391 | 391 | | 46.2-665. Vehicles used for agricultural or horticultural purposes. |
---|
392 | 392 | | |
---|
393 | 393 | | A. No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner. |
---|
394 | 394 | | |
---|
395 | 395 | | B. This exemption shall only apply to (i) pickup or panel trucks; (ii) sport utility vehicles; (iii) vehicles other than pickup or panel trucks, sport utility vehicles, trailers, or semitrailers having a gross vehicle weight rating greater than 7,500 pounds; and (iv) trailers and semitrailers that are not operated on or over any public highway in the Commonwealth for any purpose other than: |
---|
396 | 396 | | |
---|
397 | 397 | | 1. Crossing a highway; |
---|
398 | 398 | | |
---|
399 | 399 | | 2. Operating along a highway for a distance of no more than 75 miles from one part of the owner's land to another, irrespective of whether the tracts adjoin; |
---|
400 | 400 | | |
---|
401 | 401 | | 3. Taking the vehicle or attached fixtures to and from a repair shop for repairs; |
---|
402 | 402 | | |
---|
403 | 403 | | 4. Taking another vehicle exempt from registration under any provision of 46.2-664 through 46.2-668 or 46.2-672, or any part or subcomponent of such a vehicle, to or from a repair shop for repairs, including return trips; |
---|
404 | 404 | | |
---|
405 | 405 | | 5. Operating along a highway to and from a refuse disposal facility for the purpose of disposing of trash and garbage generated on a farm and incidental refuse from the farmer's or his employee's home; |
---|
406 | 406 | | |
---|
407 | 407 | | 6. Operating along a highway for a distance of no more than 75 miles for the purpose of obtaining supplies for agricultural or horticultural purposes, seeds, fertilizers, chemicals, or animal feed and returning; or |
---|
408 | 408 | | |
---|
409 | 409 | | 7. Transporting the vehicle's owner between his residence and the lands being used for agricultural or horticultural purposes. |
---|
410 | 410 | | |
---|
411 | 411 | | C. The owner or lessee of a pickup or panel truck or sport utility vehicle claiming the exemption provided pursuant to this section shall be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
412 | 412 | | |
---|
413 | 413 | | 46.2-666. Vehicles used for seasonal transportation of farm produce and livestock. |
---|
414 | 414 | | |
---|
415 | 415 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee prescribed for any motor vehicle, trailer, or semitrailer owned by the owner or lessee of a farm and used by him on a seasonal basis in transporting farm produce and livestock along public highways for a distance of no more than 75 miles or to a storage house, packing plant, or market. The provisions of this section shall only apply to (i) pickup or panel trucks; (ii) sport utility vehicles; (iii) vehicles other than pickup or panel trucks, sport utility vehicles, trailers, or semitrailers having a gross vehicle weight rating greater than 7,500 pounds; and (iv) trailers and semitrailers. The owner or lessee of a pickup or panel truck or sport utility vehicle claiming the exemption provided pursuant to this section shall be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
416 | 416 | | |
---|
417 | 417 | | 46.2-667. Farm machinery and tractors. |
---|
418 | 418 | | |
---|
419 | 419 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs. |
---|
420 | 420 | | |
---|
421 | 421 | | The owner or lessee of any farm machinery or tractor claiming the exemption provided pursuant to this section shall not be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
422 | 422 | | |
---|
423 | 423 | | 46.2-668. Vehicles validly registered in other states and used in conjunction with harvesting operations. |
---|
424 | 424 | | |
---|
425 | 425 | | A. No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer which is validly registered in another state and bears valid license plates issued by that state when the use of the vehicle has been contracted for by the owner or lessee of a farm as an incidental part of the harvesting of a crop from his farm. This exemption shall only be valid while the vehicle is engaged principally in transporting farm produce from the farm: |
---|
426 | 426 | | |
---|
427 | 427 | | 1. As an incidental part of harvesting operations; |
---|
428 | 428 | | |
---|
429 | 429 | | 2. Along a public highway for a distance of not more than 20 miles to a storage house, packing plant, market, or transportation terminal; |
---|
430 | 430 | | |
---|
431 | 431 | | 3. When the use is a seasonal operation; and |
---|
432 | 432 | | |
---|
433 | 433 | | 4. When the owner of the vehicle has secured from the Commissioner an exemption permit for each vehicle. |
---|
434 | 434 | | |
---|
435 | 435 | | B. The Commissioner, upon receipt of an application certifying that a vehicle is entitled to the exemption set forth in this subsection and, if the vehicle is a qualified highway vehicle under 58.1-2700, payment of $150, shall issue an exemption permit on a form prescribed by him. The exemption permit shall be carried at all times by the operator of the vehicle for which it is issued or displayed in a conspicuous place on the vehicle. The exemption permit shall be valid for a period of 90 days from date of issue and shall be renewable by the procedure set forth in the foregoing provisions of this section. |
---|
436 | 436 | | |
---|
437 | 437 | | 46.2-669. Tractors and similar vehicles owned by sawmill operators. |
---|
438 | 438 | | |
---|
439 | 439 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any tractor, trailer, log cart, or similar vehicle owned by a sawmill operator when the vehicle is operated or moved: |
---|
440 | 440 | | |
---|
441 | 441 | | 1. Along a highway from one sawmill or sawmill site to another; |
---|
442 | 442 | | |
---|
443 | 443 | | 2. To or from a repair shop for repairs; or |
---|
444 | 444 | | |
---|
445 | 445 | | 3. Across a highway from one contiguous tract of land to another. |
---|
446 | 446 | | |
---|
447 | 447 | | 46.2-670. Vehicles owned by farmers and used to transport certain wood products. |
---|
448 | 448 | | |
---|
449 | 449 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer owned by a farm owner when the vehicle is operated or moved along a highway for no more than 75 miles between a sawmill or sawmill site and his farm to transport sawdust, wood shavings, slab wood, and other wood wastes. The provisions of this section shall only apply to (i) pickup or panel trucks; (ii) sport utility vehicles; (iii) vehicles other than pickup or panel trucks, sport utility vehicles, trailers, or semitrailers having a gross vehicle weight rating greater than 7,500 pounds; and (iv) trailers and semitrailers. The owner or lessee of a pickup or panel truck or sport utility vehicle claiming the exemption provided pursuant to this section shall be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
450 | 450 | | |
---|
451 | 451 | | 46.2-670.1. Vehicles owned by maritime cargo terminal operators. |
---|
452 | 452 | | |
---|
453 | 453 | | No person shall be required to obtain the registration certificate, certificate of title, or license plates, or decals for or to pay a registration fee for any motor vehicle owned or leased by a maritime cargo terminal owner or operator and used to transport a seagoing container and operated along a highway on a route of no more than one mile approved by the Department. |
---|
454 | 454 | | |
---|
455 | 455 | | 46.2-671. Vehicles used at mines. |
---|
456 | 456 | | |
---|
457 | 457 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer used at mines when operated on the highway for no more than twenty miles between mines or to or from a repair shop for repairs. |
---|
458 | 458 | | |
---|
459 | 459 | | 46.2-672. Certain vehicles transporting fertilizer, cotton, or peanuts. |
---|
460 | 460 | | |
---|
461 | 461 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle or trailer, semitrailer, or fertilizer spreader drawn by a farm tractor used by a farmer, his tenant, agent or employee or a cotton ginner, peanut buyer, or fertilizer distributor to transport unginned cotton, peanuts, or fertilizer owned by the farmer, cotton ginner, peanut buyer, or fertilizer distributor from one farm to another, from farm to gin, from farm to dryer, from farm to market, or from fertilizer distributor to farm and on return to the distributor. The owner or lessee of a pickup or panel truck or sport utility vehicle claiming the exemption provided pursuant to this section shall be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
462 | 462 | | |
---|
463 | 463 | | The provisions of this section shall not apply to vehicles operated on a for-hire basis. |
---|
464 | 464 | | |
---|
465 | 465 | | 46.2-673. Return trips of exempted farm vehicles. |
---|
466 | 466 | | |
---|
467 | 467 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any farm vehicle exempted from registration under the provisions of this article when that vehicle is: |
---|
468 | 468 | | |
---|
469 | 469 | | 1. Making a return trip from any marketplace; |
---|
470 | 470 | | |
---|
471 | 471 | | 2. Transporting back to a farm ordinary and essential food, including procuring a meal for a farmer or his employees, and other products for home and farm use while engaged in activities allowed in this chapter; or |
---|
472 | 472 | | |
---|
473 | 473 | | 3. Transporting supplies to the farm. |
---|
474 | 474 | | |
---|
475 | 475 | | The owner or lessee of a pickup or panel truck or sport utility vehicle claiming the exemption provided pursuant to this section shall be required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
476 | 476 | | |
---|
477 | 477 | | 46.2-674. Vehicles used by commercial fishermen. |
---|
478 | 478 | | |
---|
479 | 479 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle, trailer, boat trailer, or semitrailer, or any combination thereof not having a gross vehicle weight exceeding 12,000 pounds used by commercial fishermen, their agents, or employees for the purpose of: |
---|
480 | 480 | | |
---|
481 | 481 | | 1. Transporting boats or other equipment used in commercial fishing no more than 50 miles between his place of residence or business and the waters within the territorial limits of the Commonwealth or the adjacent marginal seas; |
---|
482 | 482 | | |
---|
483 | 483 | | 2. Any return trip to his place of residence or business; or |
---|
484 | 484 | | |
---|
485 | 485 | | 3. Transporting harvested seafood no more than 50 miles between the place where the seafood is first brought ashore and the transporter's place of business or the location of the seafood's first point of sale. |
---|
486 | 486 | | |
---|
487 | 487 | | 46.2-675. Certain vehicles engaged in mining or quarrying operations; permit when such vehicle required to cross public highways. |
---|
488 | 488 | | |
---|
489 | 489 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee prescribed for any motor vehicle engaged in coal mining operations or other types of mining and quarrying operations, if the sole function of the motor vehicle is to haul coal from mine to tipple or to haul other mined or quarried products from mine or quarry to a processing plant. The owner of the vehicle, however, shall first obtain, without charge, a permit from the Commissioner of Highways in any case in which the motor vehicle is required to cross the public highways. The Commissioner of Highways shall not issue the permit unless he is satisfied that the owner of the motor vehicle has, at his own expense, strengthened the highway crossing so that it will adequately bear the load and has provided adequate signs, lights, or flagmen as may be required for the protection of the public. Any damage done to the highways as a result of this operation shall be repaired in a manner satisfactory to the Commissioner of Highways at the expense of the vehicle's owner. |
---|
490 | 490 | | |
---|
491 | 491 | | 46.2-676. Registration certificate or license plates for any golf carts and utility vehicles; fees. |
---|
492 | 492 | | |
---|
493 | 493 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay any registration fee for any golf cart or utility vehicle that either (i) is not operated on or over any public highway in the Commonwealth or (ii) is operated on or over a public highway as authorized by Article 13.1 ( 46.2-916.1 et seq.) of Chapter 8. |
---|
494 | 494 | | |
---|
495 | 495 | | 46.2-677. Self-propelled wheelchairs. |
---|
496 | 496 | | |
---|
497 | 497 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay any registration fee for any self-propelled wheelchair or self-propelled wheelchair conveyance provided it is: |
---|
498 | 498 | | |
---|
499 | 499 | | 1. Operated by a person who is capable of operating it properly and safely but who, by reason of physical disability, is otherwise unable to move about as a pedestrian; and |
---|
500 | 500 | | |
---|
501 | 501 | | 2. Not operated on a public highway in this Commonwealth except to the extent necessary to cross the highway. |
---|
502 | 502 | | |
---|
503 | 503 | | 46.2-678. Forklift trucks. |
---|
504 | 504 | | |
---|
505 | 505 | | A. No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any forklift truck provided it is: |
---|
506 | 506 | | |
---|
507 | 507 | | 1. Operated by a person holding a valid Virginia driver's license; |
---|
508 | 508 | | |
---|
509 | 509 | | 2. Operated along or across highways only in traveling from one plant, factory, or job site to another by the most direct route; |
---|
510 | 510 | | |
---|
511 | 511 | | 3. Not carrying or transporting any object or person, other than the driver; |
---|
512 | 512 | | |
---|
513 | 513 | | 4. Displaying a slow-moving vehicle emblem in conformity with 46.2-1081; |
---|
514 | 514 | | |
---|
515 | 515 | | 5. In compliance with requirements of the federal Occupational Safety and Health Administration; |
---|
516 | 516 | | |
---|
517 | 517 | | 6. Not operated on or along any limited access highway; and |
---|
518 | 518 | | |
---|
519 | 519 | | 7. Not operated for a distance of more than ten miles. |
---|
520 | 520 | | |
---|
521 | 521 | | B. For the purposes of this section, "forklift truck" means a self-propelled machine used for hoisting and transporting heavy objects by means of steel fingers inserted under the load. |
---|
522 | 522 | | |
---|
523 | 523 | | 46.2-679. Snowmobiles. |
---|
524 | 524 | | |
---|
525 | 525 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any snowmobile. |
---|
526 | 526 | | |
---|
527 | 527 | | 46.2-679.1. All-terrain vehicles. |
---|
528 | 528 | | |
---|
529 | 529 | | No person shall be required to obtain the registration certificate, or license plate, or decals for or pay a registration fee for any all-terrain vehicle. |
---|
530 | 530 | | |
---|
531 | 531 | | 46.2-679.2. Off-road motorcycles. |
---|
532 | 532 | | |
---|
533 | 533 | | No person shall be required to obtain the registration certificate, or license plate, or decals for or pay a registration fee for any off-road motorcycle. |
---|
534 | 534 | | |
---|
535 | 535 | | 46.2-680. Vehicles transporting oyster shells. |
---|
536 | 536 | | |
---|
537 | 537 | | No person shall be required to obtain the registration certificate, or license plates, or decals for or pay a registration fee for any motor vehicle properly registered in Maryland and used for the purpose of hauling oyster shells for a distance of less than three miles on a public highway of this Commonwealth to navigable waters to be further transported by water to Maryland. |
---|
538 | 538 | | |
---|
539 | 539 | | 46.2-688. Refund of fees paid. |
---|
540 | 540 | | |
---|
541 | 541 | | Any person holding a registration card and license plate or license plates with decal who disposes of, elects not to use the vehicle for which it was issued on the highways in the Commonwealth, or transfers another valid license plate plates to the vehicle, may surrender, prior to the beginning of the registration period, the license plates or license plates with decals and registration card or provide other evidence of registration of the vehicle to the Commissioner with a statement that the vehicle for which the license plate or license plate with decal was plates were issued has been disposed of, election has been made not to use the vehicle on the highways in the Commonwealth, or another valid license plate has plates have been transferred to the vehicle and request a refund of the fee paid. The Commissioner shall retain five dollars $5 of the fee to cover the costs incurred in issuing the plates and processing the refund. |
---|
542 | 542 | | |
---|
543 | 543 | | The Commissioner shall refund to the applicant a proration, in six-month increments, of the total cost of the registration and license plates or license plates with decals if application for the refund is made when there are six or more months remaining in the registration period. The Commissioner shall not provide a refund when otherwise eligible if the applicant chooses not to return the license plates to the Department. No charge or deduction shall be assessed for any refund made under this subsection. |
---|
544 | 544 | | |
---|
545 | 545 | | 46.2-692. Fee for replacement of indicia of titling and registration. |
---|
546 | 546 | | |
---|
547 | 547 | | The fee for the replacement or duplication of license plates, decals, registration cards, or certificates of title shall be as follows: |
---|
548 | 548 | | |
---|
549 | 549 | | 1. For any type of replacement or duplication of vehicle registration cards, International Registration Plan cab cards, registration cards for overload permits, or dealer registration cards, $2, except that no fee shall be charged for the replacement or duplication of a vehicle registration card or registration card for overload permit that is conducted using the Internet; |
---|
550 | 550 | | |
---|
551 | 551 | | 2. For a certificate of title, $5; |
---|
552 | 552 | | |
---|
553 | 553 | | 3. For license plates or license plates with decals, $10; and |
---|
554 | 554 | | |
---|
555 | 555 | | 4. For a license plate with decals issued for trailers, $5; and |
---|
556 | 556 | | |
---|
557 | 557 | | 5. For one or two decals, $1. |
---|
558 | 558 | | |
---|
559 | 559 | | 46.2-709. Requiring other proof of financial responsibility; suspended driver's license, registration certificate and license plates to be returned to Commissioner; Commissioner may take possession thereof. |
---|
560 | 560 | | |
---|
561 | 561 | | Whenever any proof of financial responsibility filed by any person as required by this article no longer fulfills the purpose for which required, the Commissioner shall require other proof of financial responsibility as required by this article and shall suspend such person's driver's license, registration certificates, and license plates and decals pending the furnishing of proof as required. |
---|
562 | 562 | | |
---|
563 | 563 | | Any person whose driver's license or, registration certificates, or license plates and decals have been suspended as provided in this article and have not been reinstated shall immediately return every such license, registration certificate, and set of license plates and decals held by him to the Commissioner. Any person failing to comply with this requirement shall be guilty of a traffic infraction and upon conviction thereof shall be punished as provided in 46.2-113. |
---|
564 | 564 | | |
---|
565 | 565 | | The Commissioner is authorized to take possession of any license, registration certificate, or set of license plates and decals on their suspension under the provisions of this chapter or to direct any police officer to take possession of and return them to the office of the Commissioner. |
---|
566 | 566 | | |
---|
567 | 567 | | 46.2-711. Furnishing number and design of plates; displaying on vehicles required. |
---|
568 | 568 | | |
---|
569 | 569 | | A. The Department shall furnish one license plate for every registered moped, motorcycle, autocycle, tractor truck, semitrailer, or trailer, and two license plates for every other registered motor vehicle, except to licensed motor vehicle dealers and persons delivering unladen vehicles who shall be furnished one license plate. The license plates for trailers, semitrailers, commercial vehicles, and trucks, other than license plates for dealers, may be of such design as to prevent removal without mutilating some part of the indicia forming a part of the license plate, when secured to the bracket. |
---|
570 | 570 | | |
---|
571 | 571 | | B. The Department shall issue appropriately designated license plates for: |
---|
572 | 572 | | |
---|
573 | 573 | | 1. Passenger-carrying vehicles for rent or hire for the transportation of passengers for private trips, other than TNC partner vehicles as defined in 46.2-2000 and emergency medical services vehicles pursuant to clause (iii) of 46.2-649.1:1; |
---|
574 | 574 | | |
---|
575 | 575 | | 2. Taxicabs; |
---|
576 | 576 | | |
---|
577 | 577 | | 3. Passenger-carrying vehicles operated by common carriers or restricted common carriers; |
---|
578 | 578 | | |
---|
579 | 579 | | 4. Property-carrying motor vehicles registered pursuant to 46.2-697 except pickup or panel trucks as defined in 46.2-100; |
---|
580 | 580 | | |
---|
581 | 581 | | 5. Applicants, other than TNC partners as defined in 46.2-2000 and emergency medical services vehicles pursuant to clause (iii) of 46.2-649.1:1, who operate motor vehicles as passenger carriers for rent or hire; |
---|
582 | 582 | | |
---|
583 | 583 | | 6. Vehicles operated by nonemergency medical transportation carriers as defined in 46.2-2000; and |
---|
584 | 584 | | |
---|
585 | 585 | | 7. Trailers and semitrailers. |
---|
586 | 586 | | |
---|
587 | 587 | | C. The Department shall issue appropriately designated license plates for motor vehicles held for rental as defined in 58.1-1735. |
---|
588 | 588 | | |
---|
589 | 589 | | D. The Department shall issue appropriately designated license plates for low-speed vehicles. |
---|
590 | 590 | | |
---|
591 | 591 | | E. D. The Department shall issue appropriately designated license plates for military surplus motor vehicles registered pursuant to 46.2-730.1. |
---|
592 | 592 | | |
---|
593 | 593 | | F. E. No vehicles shall be operated on the highways in the Commonwealth without displaying the license plates required by this chapter. The provisions of this subsection shall not apply to vehicles used to collect and deliver the United States mail to the extent that their rear license plates may be covered by the "CAUTION, FREQUENT STOPS, U.S. MAIL" sign when the vehicle is engaged in the collection and delivery of the United States mail. |
---|
594 | 594 | | |
---|
595 | 595 | | G. F. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date. |
---|
596 | 596 | | |
---|
597 | 597 | | 46.2-712. Requirements of license plates. |
---|
598 | 598 | | |
---|
599 | 599 | | A. Every license plate shall display the registration number assigned to the motor vehicle, trailer, or semitrailer and to the owner thereof, and the name of the Commonwealth, which may be abbreviated, and the year or the month and year, which may be abbreviated and in the form of decals, for which it is issued. Subject to the need for legibility, the size of the plate, the letters, and numerals, and decals thereon, and the color of the plate, letters, and numerals, and decals thereon shall be in the discretion of the Commissioner. Decals shall be placed on the license plates in the manner prescribed by the Commissioner, and shall indicate the month and year of expiration. On the issuance of the decals, a new registration card shall be issued with the same date of expiration as the decals. |
---|
600 | 600 | | |
---|
601 | 601 | | B. Notwithstanding any other provision of this title, the Department may issue permanent license plates without decals and without a month and year of expiration for all trailers and semitrailers, regardless of weight; trucks and tractor trucks with a gross vehicle weight rating or gross combination weight rating of more than 26,000 pounds; taxicabs or other motor vehicles performing a taxicab service; and common carrier vehicles operated for hire, both of the latter as defined in 46.2-2000 that are in compliance with the requirements of Chapter 20 ( 46.2-2000 et seq.) of this title. In addition, the Department may issue permanent license plates without decals and without a month and year of expiration for trucks and tractor trucks with gross vehicle weight ratings or gross combination weight ratings of at least 7,501 pounds but not more than 26,000 pounds, provided that such vehicles are for business use only, and for farm vehicles registered with the Department pursuant to 46.2-698. |
---|
602 | 602 | | |
---|
603 | 603 | | C. Notwithstanding any contrary provision of this section, any person who, pursuant to former 56-304.3, repealed by Chapters 744 and 803 of the Acts of Assembly of 1995, obtained from the State Corporation Commission an exemption from the marker or decal requirements of former 56-304, 56-304.1 or 56-304.2, and who has painted or, in the case of newly acquired vehicles, who paints an identifying number on the sides of any vehicle with respect to which such exemption applies and, in all other respects, continues to comply with the requirements of former 56-304.3, shall be deemed to be in compliance with 46.2-2011.23 and subdivision 18 of 46.2-2011.24. |
---|
604 | 604 | | |
---|
605 | 605 | | 46.2-714. Permanent license plates. |
---|
606 | 606 | | |
---|
607 | 607 | | Notwithstanding the provisions of 46.2-711 and 46.2-712 the Department may, in its discretion, issue a type of license plate suitable for permanent use on motor vehicles, trailers, semitrailers, and motorcycles, together with decals, unless decals are not required under 46.2-712, to be attached to the license plates to indicate the registration period for which such vehicles have been properly licensed. The design of the license plates and decals, when required, shall be determined by the Commissioner. |
---|
608 | 608 | | |
---|
609 | 609 | | Every permanent license plate and decal, when required, shall be returned to the Department whenever the owner of a vehicle disposes of it by sale or otherwise and when not actually in use on a motor vehicle, except dealer's plates temporarily not in use. The person in whose name the license plate is registered may apply, during the registration period for which it is issued, for the return thereof if the license plate is intended to be used on a subsequently acquired motor vehicle. |
---|
610 | 610 | | |
---|
611 | 611 | | Every permanent license plate and decal, when issued, shall be returned to the Department whenever the owner of a vehicle elects to garage the vehicle and discontinue the use of it on the highway. The person in whose name the license plate is registered may apply, during the registration period for which it is issued, for the return thereof if the vehicle is to be returned to use on the highway. |
---|
612 | 612 | | |
---|
613 | 613 | | For the purposes of this section, the term "motor vehicle" does not include a "moped" as defined in 46.2-100. |
---|
614 | 614 | | |
---|
615 | 615 | | 46.2-716. How license plates fastened to vehicle; altering appearance of license plates. |
---|
616 | 616 | | |
---|
617 | 617 | | A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned: |
---|
618 | 618 | | |
---|
619 | 619 | | 1. So as to prevent the plate from swinging, |
---|
620 | 620 | | |
---|
621 | 621 | | 2. In a position to be clearly visible, and |
---|
622 | 622 | | |
---|
623 | 623 | | 3. In a condition to be clearly legible. |
---|
624 | 624 | | |
---|
625 | 625 | | B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible. |
---|
626 | 626 | | |
---|
627 | 627 | | C. The Superintendent may make such regulations as he may deem advisable to enforce the proper mounting and securing of the license plate on the vehicle. |
---|
628 | 628 | | |
---|
629 | 629 | | D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date. |
---|
630 | 630 | | |
---|
631 | 631 | | 46.2-718. Use of old license plates after application for new. |
---|
632 | 632 | | |
---|
633 | 633 | | An owner who has applied for renewal of registration of a motor vehicle, trailer, or semitrailer fifteen 15 days prior to the day the registration period begins, but who has not received the license plates, decals, or registration card for the ensuing registration period shall be entitled to operate or permit the operation of the vehicle on the highways on displaying on the vehicle the license plates or decals issued for the preceding registration period for such time to be prescribed by the Department as it may find necessary to issue new license plates or decals. |
---|
634 | 634 | | |
---|
635 | 635 | | 46.2-725. Special license plates, generally. |
---|
636 | 636 | | |
---|
637 | 637 | | A. No series of special license plates shall be created or issued by the Commissioner or the Department except as authorized pursuant to this article. No special license plates in any series not provided for pursuant to this article and no registration decal for any such license plate shall be issued, reissued, or renewed on or after July 1, 1995. However, subject to the limitations contained in subdivisions B 1 and 2 of subsection B of this section, the Commissioner may issue, when feasible, special license plates that are combinations of no more than two series of special license plates authorized pursuant to this article and currently issued by the Department; in addition to the state registration fee, the fee for any such combination shall be equal to the sum of the fees for the two series plus the fee for reserved numbers and letters, if applicable. The provisions of subdivisions B 1 and 2 of subsection B of this section shall not apply to special license plates that are combinations of two series of special license plates authorized pursuant to this article and currently issued by the Department if one of the two combined designs, when feasible, incorporates or includes the international symbol of access. |
---|
638 | 638 | | |
---|
639 | 639 | | B. Except as otherwise provided in this article: |
---|
640 | 640 | | |
---|
641 | 641 | | 1. No special license plates shall be considered for authorization by the General Assembly unless and until the individual, group, entity, organization, or other entity seeking the authorization of such special license plates shall have demonstrated to the satisfaction of the General Assembly that they meet the issuance requirements set forth in this subdivision. For the purposes of this article, each prepaid application shall be on a form prescribed by the Department and, excluding the vehicle registration fee, shall include the proposed or authorized fee for the issuance of the proposed or authorized special license plates and, if applicable, the annual fee for reserved numbers or letters prescribed under 46.2-726. Once authorized by the General Assembly, no license plates provided for in this article shall be developed and issued by the Department until the Commissioner receives at least 450 prepaid applications therefor within 30 days of the effective date of the authorization associated with the applications. If the end of the 30-day period falls on a Saturday, Sunday, or holiday, the 30-day period shall end on the following business day. |
---|
642 | 642 | | |
---|
643 | 643 | | 2. No additional license plates shall be issued or reissued in any series that, after five or more years of issuance, has fewer than 200 active sets of plates. No such license plates shall be issued or reissued unless reauthorized by the General Assembly. Such reauthorized license plates shall remain subject to the provisions of this article. |
---|
644 | 644 | | |
---|
645 | 645 | | 3. The annual fee for the issuance of any license plates issued pursuant to this article shall be $10 plus the prescribed fee for state license plates. Applications for all special license plates issued pursuant to this article shall be on forms prescribed by the Commissioner. All special license plates issued pursuant to this article shall be of designs prescribed by the Commissioner and shall bear unique letters and numerals, clearly distinguishable from any other license plate designs, and be readily identifiable by law-enforcement personnel. |
---|
646 | 646 | | |
---|
647 | 647 | | No other state license plates shall be required on any vehicles bearing special license plates issued under the provisions of this article. |
---|
648 | 648 | | |
---|
649 | 649 | | All fees collected by the Department under this article shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department. |
---|
650 | 650 | | |
---|
651 | 651 | | C. The provisions of this article relating to registration fees shall apply only to those vehicles registered as passenger cars, motor homes, and pick-up or panel trucks, as defined in 46.2-100. All other vehicle types registered with special license plates shall be subject to the appropriate special license plate fees, registration fees and other fees prescribed by law for such vehicle types. |
---|
652 | 652 | | |
---|
653 | 653 | | D. For special license plates that generate revenues that are shared with entities other than the Department, hereinafter referred to as "revenue sharing special license plates," the General Assembly shall review all proposed revenue sharing special license plate authorizations to determine whether the revenues are to be shared with entities or organizations that (i) provide to the Commonwealth or its citizens a broad public service that is to be funded, in whole or in part, by the proposed revenue sharing special license plate authorization and (ii) are at least one of the following: |
---|
654 | 654 | | |
---|
655 | 655 | | 1. A nonprofit corporation as defined in 501(c)(3) of the United States Internal Revenue Code; |
---|
656 | 656 | | |
---|
657 | 657 | | 2. An agency, board, commission, or other entity established or operated by the Commonwealth; |
---|
658 | 658 | | |
---|
659 | 659 | | 3. A political subdivision of the Commonwealth; or |
---|
660 | 660 | | |
---|
661 | 661 | | 4. An institution of higher education whose main campus is located in Virginia. |
---|
662 | 662 | | |
---|
663 | 663 | | No revenue sharing special license plate authorization shall be approved if, as determined by the General Assembly, it does not meet the criteria set forth in this subsection. |
---|
664 | 664 | | |
---|
665 | 665 | | E. No special license plates authorized pursuant to this article shall be issued to or renewed for any owner or co-owner of a vehicle who is registered pursuant to the Sex Offender and Crimes Against Minors Registry Act ( 9.1-900 et seq.) if the design of such special license plates, including any logo, emblem, seal, or symbol therein, references children or children's programs or if any revenue-sharing provision authorized for such special license plates contributes, directly or indirectly, to any fund or program established for the benefit of children. |
---|
666 | 666 | | |
---|
667 | 667 | | 46.2-727. Bicentennial license plates; fees. |
---|
668 | 668 | | |
---|
669 | 669 | | Bicentennial license plates and decals issued to any properly registered passenger motor vehicle from January 1, 1976, through December 31, 1981, may continue in use for a period determined by the Commissioner if the proper fee is paid as required in 46.2-694. |
---|
670 | 670 | | |
---|
671 | 671 | | 46.2-730. License plates for antique motor vehicles and antique trailers; fee. |
---|
672 | 672 | | |
---|
673 | 673 | | A. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner shall issue appropriately designed license plates to owners of antique motor vehicles and antique trailers. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates of any of these vehicles shall be a one-time fee of $50. |
---|
674 | 674 | | |
---|
675 | 675 | | B. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner may authorize for use on antique motor vehicles and antique trailers Virginia license plates manufactured prior to 1976 and designed for use without decals, if such license plates are embossed with or are of the same year of issue as the model year of the antique motor vehicle or antique trailer on which they are to be displayed. Original metal year tabs issued in place of license plates for years 1943 and 1952 and used with license plates issued in 1942 and 1951, respectively, also may be authorized by the Commissioner for use on antique motor vehicles and antique trailers that are of the same model year as the year the metal tab was originally issued. These license plates and metal tabs shall remain valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and permission to use the license plates and metal tabs on any of these vehicles shall be a one-time fee of $50. If more than one request is made for use, as provided in this section, of license plates having the same number, the Department shall accept multiple requests only if (i) the number combination requested is not currently registered on license plates embossed with the year matching the plate being requested and (ii) only one license plate with the same number combination has been issued for use after 1973 or, if the plate requested is for a motorcycle, 1976. |
---|
676 | 676 | | |
---|
677 | 677 | | C. Notwithstanding the provisions of 46.2-711 and 46.2-715, antique motor vehicles may display single license plates if the original manufacturer's design of the antique motor vehicles allows for the use of only single license plates or if the license plate was originally issued in one of the following years and is displayed in accordance with the provisions of subsection B: 1906, 1907, 1908, 1909, 1945, or 1946. |
---|
678 | 678 | | |
---|
679 | 679 | | D. Antique motor vehicles and antique trailers registered with license plates issued or authorized for use under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used: |
---|
680 | 680 | | |
---|
681 | 681 | | 1. For participation in club activities, exhibits, tours, parades, and similar events; |
---|
682 | 682 | | |
---|
683 | 683 | | 2. On the highways of the Commonwealth for the purpose of testing their operation or selling the vehicle or trailer, obtaining repairs or maintenance, transportation to and from events as described in subdivision 1, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner; and |
---|
684 | 684 | | |
---|
685 | 685 | | 3. To carry or transport (i) passengers in the antique motor vehicles, (ii) personal effects in the antique motor vehicles and antique trailers, or (iii) other antique motor vehicles being transported for show purposes. |
---|
686 | 686 | | |
---|
687 | 687 | | The registration card issued to an antique motor vehicle or an antique trailer registered pursuant to subsections A, B, and C shall indicate such vehicle or trailer is for limited use. |
---|
688 | 688 | | |
---|
689 | 689 | | E. Owners of motor vehicles and trailers applying for registration pursuant to subsections A, B and C shall submit to the Department, in the manner prescribed by the Department, certifications that such vehicles or trailers are capable of being safely operated on the highways of the Commonwealth. |
---|
690 | 690 | | |
---|
691 | 691 | | Pursuant to 46.2-1000, the Department shall suspend the registration of any vehicle or trailer registered with license plates issued under this section that the Department or the Department of State Police determines is not properly equipped or otherwise unsafe to operate. Any law-enforcement officer shall take possession of the license plates, and registration card and decals, if any, of any vehicle or trailer registered with license plates issued under this section when he observes any defect in such vehicle or trailer as set forth in 46.2-1000. |
---|
692 | 692 | | |
---|
693 | 693 | | F. Antique motor vehicles and antique trailers displaying license plates issued or authorized for use pursuant to subsections B and C may be used for general transportation purposes if the following conditions are met: |
---|
694 | 694 | | |
---|
695 | 695 | | 1. The physical condition of the vehicle's license plate or plates has been inspected and approved by the Department; |
---|
696 | 696 | | |
---|
697 | 697 | | 2. The license plate or plates are registered to the specific vehicle by the Department; |
---|
698 | 698 | | |
---|
699 | 699 | | 3. The owner of the vehicle periodically registers the vehicle with the Department and pays a registration fee for the vehicle equal to that which would be charged to obtain regular state license plates for that vehicle; |
---|
700 | 700 | | |
---|
701 | 701 | | 4. The vehicle passes a periodic safety inspection as provided in Article 21 ( 46.2-1157 et seq.) of Chapter 10; |
---|
702 | 702 | | |
---|
703 | 703 | | 5. The vehicle displays current decals attached to the license plate, issued by the Department, indicating the valid registration period for the vehicle; and |
---|
704 | 704 | | |
---|
705 | 705 | | 6. 5. When applicable, the vehicle meets the requirement of Article 22 ( 46.2-1176 et seq.) of Chapter 10. |
---|
706 | 706 | | |
---|
707 | 707 | | If more than one request is made for use, as provided in this subsection, of license plates having the same number, the Department shall accept multiple requests only if (i) the number combination requested is not currently registered on license plates embossed with the year matching the plate being requested and (ii) only one license plate with the same number combination has been issued for use after 1973 or, if the plate requested is for a motorcycle, 1976. Only vehicles titled to the person seeking to use license plates as provided in this subsection shall be eligible to use license plates as provided in this subsection. |
---|
708 | 708 | | |
---|
709 | 709 | | G. Nothing in this section shall be construed as prohibiting the use of an antique motor vehicle to tow a trailer or semitrailer. |
---|
710 | 710 | | |
---|
711 | 711 | | H. Any owner of an antique motor vehicle or antique trailer registered with license plates pursuant to this section who is convicted of a violation of this section is guilty of a Class 4 misdemeanor. Upon receiving a record of conviction of a violation of this section, the Department shall revoke and not reinstate the owner's privilege to register the vehicle operated in violation of this section with license plates issued or authorized for use pursuant to this section for a period of five years from the date of conviction. |
---|
712 | 712 | | |
---|
713 | 713 | | I. Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcycle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (a) evidence of owning or having regular use of another autocycle, passenger car, or motorcycle, as required under subsections A and B, and (b) the certification required pursuant to subsection E. |
---|
714 | 714 | | |
---|
715 | 715 | | 46.2-730.1. License plates for military surplus motor vehicles; fee; penalty. |
---|
716 | 716 | | |
---|
717 | 717 | | A. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner shall issue a registration card and appropriately designed license plates to owners of military surplus motor vehicles. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates for any of these vehicles shall be a one-time fee of $100. |
---|
718 | 718 | | |
---|
719 | 719 | | B. Military surplus motor vehicles registered with license plates issued under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used: |
---|
720 | 720 | | |
---|
721 | 721 | | 1. For participation in off-road events, on-road club activities, exhibits, tours, parades, and similar events; and |
---|
722 | 722 | | |
---|
723 | 723 | | 2. On the highways of the Commonwealth for the purpose of selling the vehicle, obtaining repairs or maintenance, transportation to and from events as described in subdivision 1, and occasional pleasure driving not exceeding 125 miles from the address at which the vehicle is stored for use. |
---|
724 | 724 | | |
---|
725 | 725 | | The registration card issued to the owner of a military surplus motor vehicle registered pursuant to this section shall indicate that such vehicle is for limited use. |
---|
726 | 726 | | |
---|
727 | 727 | | C. Any owner of a military surplus motor vehicle applying for registration pursuant to this section shall submit to the Department, in the manner prescribed by the Department, certification that such vehicle is capable of being safely operated on the highways of the Commonwealth. |
---|
728 | 728 | | |
---|
729 | 729 | | Pursuant to 46.2-1000, the Department shall suspend the registration of any vehicle registered with license plates issued under this section that the Department or the Department of State Police determines is not properly equipped or is otherwise unsafe to operate. Any law-enforcement officer shall take possession of the license plates, and registration card, and decals, if any, of any vehicle registered with license plates issued under this section when he observes any defect in such vehicle as set forth in 46.2-1000. |
---|
730 | 730 | | |
---|
731 | 731 | | D. Any law-enforcement officer may require any person operating a military surplus motor vehicle registered pursuant to this section to provide, upon request, the address at which the vehicle is stored for use and the destination of such operation. Any owner of a military surplus motor vehicle registered with license plates pursuant to this section who is convicted of a violation of this section is guilty of a Class 4 misdemeanor. Upon receiving a record of conviction of a violation of this section, the Department shall revoke and not reinstate the owner's privilege to register the vehicle operated in violation of this section with license plates issued pursuant to this section for a period of five years from the date of conviction. |
---|
732 | 732 | | |
---|
733 | 733 | | E. Military surplus motor vehicles registered with the Department under any other provision of this Code prior to January 1, 2019, may continue to be registered under such provision. Such vehicles shall be considered to be registered under this section for the purpose of 46.2-1158.01. In the event that any such vehicle is transferred to a new owner, the vehicle must be registered pursuant to this section. |
---|
734 | 734 | | |
---|
735 | 735 | | F. No military surplus motor vehicle shall be registered as an antique vehicle pursuant to 46.2-730. |
---|
736 | 736 | | |
---|
737 | 737 | | 46.2-749.5. Special license plates celebrating Virginia's tobacco heritage. |
---|
738 | 738 | | |
---|
739 | 739 | | A. On receipt of an application, the Commissioner shall issue special license plates celebrating Virginia's tobacco heritage. For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $10. |
---|
740 | 740 | | |
---|
741 | 741 | | B. License plates may be issued under this section for display on vehicles registered as trucks, as that term is defined in 46.2-100, provided that no license plates are issued pursuant to this section for (i) vehicles operated for hire, except TNC partner vehicles as defined in 46.2-2000; (ii) vehicles registered under the International Registration Plan; or (iii) vehicles registered as tow trucks or tractor trucks as defined in 46.2-100. No permanent license plates without decals as authorized in subsection B of 46.2-712 may be issued under this section. For each set of truck license plates issued under this subsection, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $25. |
---|
742 | 742 | | |
---|
743 | 743 | | 46.2-908.3. Low-speed vehicles; operation on highways; license required; registration required; safety and emissions inspections not required. |
---|
744 | 744 | | |
---|
745 | 745 | | Low-speed vehicles may be operated on public highways where the maximum speed limit is no greater than 35 miles per hour, but this limitation shall not prohibit the operation of low-speed vehicles across intersections with highways whose maximum speed limits are greater than 35 miles per hour. Operation of low-speed vehicles shall be prohibited on any highway where the Department of Transportation or the local governing body of the locality having control of the highway, as the case may be, has prohibited their operation in the interest of safety and such prohibition is indicated by conspicuously posted signs. |
---|
746 | 746 | | |
---|
747 | 747 | | Low-speed vehicles shall be operated on public highways only by persons who hold driver's licenses or learner's permits issued as provided in Chapter 3 ( 46.2-300 et seq.). |
---|
748 | 748 | | |
---|
749 | 749 | | Low-speed vehicles shall be titled and registered as provided in Chapter 6 ( 46.2-600 et seq.) and shall be subject to the same requirements as to insurance applicable to other motor vehicles under that chapter. |
---|
750 | 750 | | |
---|
751 | 751 | | On or after October 1, 2013, low-speed vehicles titled and registered as provided in Chapter 6 ( 46.2-600 et seq.) shall display license plates as provided in subsection D C of 46.2-711. |
---|
752 | 752 | | |
---|
753 | 753 | | The operator of any low-speed vehicle being operated on the highways in the Commonwealth shall have in his possession: (i) the registration card issued by the Department or the registration card issued by the state or country in which the low-speed vehicle is registered, and (ii) his driver's license, learner's permit, or temporary driver's permit. |
---|
754 | 754 | | |
---|
755 | 755 | | The provisions of Article 22 ( 46.2-1176 et seq.) of Chapter 10 of this title shall not apply to low-speed vehicles. |
---|
756 | 756 | | |
---|
757 | 757 | | 46.2-1000. Department to suspend registration of vehicles lacking certain equipment; officer to take possession of registration card and license plates when observing defect in motor vehicle; when to be returned. |
---|
758 | 758 | | |
---|
759 | 759 | | The Department shall suspend the registration of any motor vehicle, trailer, or semitrailer which that the Department or the Department of State Police determines is not equipped with proper (i) brakes, (ii) lights, (iii) horn or warning device, (iv) turn signals, (v) safety glass when required by law, (vi) mirror, (vii) muffler, (viii) windshield wiper, or (ix) steering gear adequate to ensure the safe movement of the vehicle as required by this title or when such vehicle is equipped with a smoke screen device or cutout or when such motor vehicle, trailer, or semitrailer is otherwise unsafe to be operated. |
---|
760 | 760 | | |
---|
761 | 761 | | Any law-enforcement officer shall, when he observes any defect in a motor vehicle as described above, take possession of the registration card, and license plates, and decals of any such vehicle and retain the same in his possession for a period of 15 days unless the owner of the vehicle corrects the defects or obtains a new safety inspection sticker from an authorized safety inspection station. When the defect or defects are corrected as indicated above the registration card, and license plates, and decals shall be returned to the owner. |
---|
762 | 762 | | |
---|
763 | 763 | | For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date. |
---|
764 | 764 | | |
---|
765 | 765 | | 46.2-1548. Transferable license plates. |
---|
766 | 766 | | |
---|
767 | 767 | | In lieu of registering each vehicle of a type described in this section, a manufacturer, distributor, or dealer owning and operating any motor vehicle on any highway may obtain a license plate bearing the legend provided in 46.2-1549 from the Department, on application therefor on the prescribed form and on payment of the fees required by law. These license plates shall be attached to each vehicle as required by subsection A of 46.2-711. Each plate shall bear a distinctive number, and the name of the Commonwealth, which may be abbreviated, together with the word "dealer" or a distinguishing symbol indicating that the plate is issued to a manufacturer, distributor, or dealer. Month and year decals indicating the date of expiration shall be affixed to each license plate. Any license plates so issued may, during the calendar year or years for which they have been issued, be transferred from one motor vehicle to another, used or operated by the manufacturer, distributor, or dealer, who shall keep a written record of the motor vehicle on which the dealer's license plates are used. This record shall be in a format approved by the Commissioner and shall be open to inspection by any law-enforcement officer or any officer or employee of the Department. |
---|
768 | 768 | | |
---|
769 | 769 | | Display of a transferable manufacturer's, distributor's, or dealer's license plate or plates on a motor vehicle shall subject the vehicle to the requirements of 46.2-1038 and 46.2-1056. |
---|
770 | 770 | | |
---|
771 | 771 | | All manufacturer's, distributor's, and dealer's license plates shall be issued for a period of twelve consecutive months except, at the discretion of the Commissioner, the periods may be adjusted as may be necessary to distribute the registrations as equally as practicable on a monthly basis. The expiration date shall be the last day of the twelfth month of validity or the last day of the designated month. Every license plate shall be renewed annually on application by the owner and by payment of fees required by law, such renewal to take effect on the first day of the succeeding month. |
---|
772 | 772 | | |
---|
773 | 773 | | The Commissioner may offer an optional multi-year license plate registration to manufacturers, distributors, and dealers licensed pursuant to this chapter provided that he has chosen to offer optional multi-year licensing to such persons pursuant to 46.2-1521. When such option is offered and chosen by the licensee, all annual and twelve-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof the licensee will be licensed pursuant to 46.2-1521. |
---|
774 | 774 | | |
---|
775 | 775 | | 58.1-3505. Classification of farm animals, certain grains, agricultural products, farm machinery, farm implements and equipment; governing body may exempt. |
---|
776 | 776 | | |
---|
777 | 777 | | A. Farm animals, grains and other feeds used for the nurture of farm animals, agricultural products as defined in 3.2-6400, farm machinery and farm implements are hereby defined as separate items of taxation and classified as follows: |
---|
778 | 778 | | |
---|
779 | 779 | | 1. Horses, mules and other kindred animals. |
---|
780 | 780 | | |
---|
781 | 781 | | 2. Cattle. |
---|
782 | 782 | | |
---|
783 | 783 | | 3. Sheep and goats. |
---|
784 | 784 | | |
---|
785 | 785 | | 4. Hogs. |
---|
786 | 786 | | |
---|
787 | 787 | | 5. Poultry. |
---|
788 | 788 | | |
---|
789 | 789 | | 6. Grains and other feeds used for the nurture of farm animals. |
---|
790 | 790 | | |
---|
791 | 791 | | 7. Grain; tobacco; wine produced by farm wineries as defined in 4.1-100 and other agricultural products in the hands of a producer. |
---|
792 | 792 | | |
---|
793 | 793 | | 8. a. Farm machinery and farm implements other than the farm machinery and farm implements described in subdivision 10, which shall include (i) equipment and machinery used by farm wineries as defined in 4.1-100 in the production of wine; (ii) equipment and machinery used by a nursery for the production of horticultural products; (iii) any farm tractor as defined in 46.2-100, regardless of whether such farm tractor is used exclusively for agricultural purposes; (iv) motor vehicles that are used primarily for agricultural purposes, for which the owner is not required to obtain a registration certificate, and license plate, and decal or pay a registration fee pursuant to 46.2-665, 46.2-666, or 46.2-670; and (v) privately owned trailers as defined in 46.2-100 that are primarily used by farmers in their farming operations for the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7. For purposes of this section, "nursery" means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution, and "nursery stock" means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. "Nursery stock" also means herbaceous plants and any florist or greenhouse plants. |
---|
794 | 794 | | |
---|
795 | 795 | | b. Farm machinery, farm equipment, and farm implements, other than farm machinery and farm implements described in subdivision 10, used by an indoor, closed, controlled-environment commercial agricultural facility, including property described in subdivisions 8 a and b of 58.1-609.2, for the production of agricultural products. For purposes of this subdivision, "indoor, closed, controlled-environment commercial agricultural facility" shall include indoor vertical farming or a greenhouse. |
---|
796 | 796 | | |
---|
797 | 797 | | 9. Equipment used by farmers or farm cooperatives qualifying under 521 of the Internal Revenue Code to manufacture industrial ethanol, provided that the materials from which the ethanol is derived consist primarily of farm products. |
---|
798 | 798 | | |
---|
799 | 799 | | 10. Farm machinery designed solely for the planting, production or harvesting of a single product or commodity. |
---|
800 | 800 | | |
---|
801 | 801 | | 11. Unless exempted by subdivision 8, privately owned trailers as defined in 46.2-100 that are primarily used by farmers in their farming operations for the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7. |
---|
802 | 802 | | |
---|
803 | 803 | | 12. Unless exempted by subdivision 8, motor vehicles that are used primarily for agricultural purposes, for which the owner is not required to obtain a registration certificate, and license plate, and decal or pay a registration fee pursuant to 46.2-665, 46.2-666, or 46.2-670, or pickup or panel trucks or sport utility vehicles for which the owner is required to obtain a permanent farm use placard pursuant to 46.2-684.2. |
---|
804 | 804 | | |
---|
805 | 805 | | 13. Trucks or tractor trucks as defined in 46.2-100, that are primarily used by farmers in their farming operations for the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7 or for the transport of farm-related machinery. |
---|
806 | 806 | | |
---|
807 | 807 | | 14. Farm machinery and farm implements, other than the farm machinery and farm implements described in subdivisions 8 and 10, which shall include equipment and machinery used for forest harvesting and silvicultural activities. |
---|
808 | 808 | | |
---|
809 | 809 | | 15. Farm machinery and farm implements, other than the farm machinery and farm implements described in subdivisions 8, 10, and 14, which shall include season-extending vegetable hoop houses used for in-field production of produce. |
---|
810 | 810 | | |
---|
811 | 811 | | B. The governing body of any county, city or town may, by ordinance duly adopted, exempt in whole or in part from taxation, or provide a different rate of tax upon, all or any of the above classes of farm animals, grains and feeds used for the nurture of farm animals, farm vehicles, and farm machinery, implements or equipment set forth in subsection A. |
---|
812 | 812 | | |
---|
813 | 813 | | C. Grain; tobacco; wine produced by farm wineries as defined in 4.1-100; and other agricultural products, as defined in 3.2-6400, shall be exempt from taxation under this chapter while in the hands of a producer. |
---|
814 | 814 | | |
---|
815 | 815 | | 2. That the Commissioner of the Department of Motor Vehicles may utilize alternative decals or license plate designs in order to transition from issuing license plates designed to bear month and year decals to issuing license plates without such decals. |
---|