Va. Code Ann. § 46.2-334.01 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 5 / Section 46.2-334.01
Licenses issued to persons less than 18 years old subject to certain restrictions
Status: in_force

A. Any learner's permit or driver's license issued to any person less than 18 years old shall be subject to the following:

1. Notwithstanding the provisions of § 46.2-498 , whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance. Such person's parent, guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a reduction in demerit points and/or an award of safe driving points pursuant to § 46.2-498 . The provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 years old who attends and successfully completes a driver improvement clinic without having been directed to do so by the Commissioner or required to do so by a court.

2. If any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person's driver's license or privilege to operate a motor vehicle for 90 days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial. Any person who has had his driver's license or privilege to operate a motor vehicle suspended in accordance with this subdivision may petition the juvenile and domestic relations district court of his residence for a restricted license to authorize such person to drive a motor vehicle in the Commonwealth to and from his home, his place of employment, or an institution of higher education where he is enrolled, provided there is no other means of transportation by which such person may travel between his home and his place of employment or the institution of higher education where he is enrolled. On such petition the court may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension of the person's license or privilege to operate a motor vehicle in the Commonwealth. Such restricted license shall be valid solely for operation of a motor vehicle between such person's home and his place of employment or the institution of higher education where he is enrolled.

3. If any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial.

4. In no event shall any person subject to the provisions of this section be subject to the suspension or revocation provisions of subdivision 2 or 3 for multiple convictions arising out of the same transaction or occurrence.

B. The initial license issued to any person younger than 18 years of age shall be deemed a provisional driver's license. Until the holder is 18 years old, a provisional driver's license shall not authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old. After the first year the provisional license is issued, the holder may operate a motor vehicle with up to three passengers who are less than 21 years old (i) when the holder is driving to or from a school-sponsored activity, (ii) when a licensed driver who is at least 21 years old is occupying the seat beside the driver, or (iii) in cases of emergency. These passenger limitations, however, shall not apply to members of the driver's family or household. For the purposes of this subsection, "a member of the driver's family or household" means any of the following: (a) the driver's spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins, and any individual who has a child in common with the driver, whether or not they reside in the same home with the driver; (b) the driver's brothers-in-law and sisters-in-law who reside in the same home with the driver; and (c) any individual who cohabits with the driver, and any children of such individual residing in the same home with the driver.

C. The holder of a provisional driver's license shall not operate a motor vehicle on the highways of the Commonwealth between the hours of midnight and 4:00 a.m. except when driving (i) to or from a place of business where he is employed; (ii) to or from an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization; (iii) accompanied by a parent, a person acting in loco parentis, or by a spouse who is 18 years old or older, provided that such person accompanying the driver is actually occupying a seat beside the driver and is lawfully permitted to operate a motor vehicle at the time; or (iv) in cases of emergency, including response by volunteer firefighters and volunteer emergency medical services personnel to emergency calls.

D. The provisional driver's license restrictions in subsections B and C shall expire on the holder's eighteenth birthday. A violation of the provisional driver's license restrictions in subsection B or C shall constitute a traffic infraction. For a second or subsequent violation of the provisional driver's license restrictions in subsection B or C, in addition to any other penalties that may be imposed pursuant to § 16.1-278.10 , the court may suspend the juvenile's privilege to drive for a period not to exceed six months.

E. A violation of subsection B or C shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this subsection change any existing law, rule, or procedure pertaining to any such civil action.

F. No law-enforcement officer shall stop a motor vehicle for a violation of this section. 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.

1998, cc. 124 , 792 ; 2001, cc. 655 , 659 , 665 ; 2002, cc. 61 , 807 ; 2003, cc. 308 , 323 , 771 ; 2007, c. 777 ; 2009, c. 54 ; 2013, cc. 397 , 579 ; 2015, cc. 502 , 503 ; 2016, c. 488 ; 2020, Sp. Sess. I, cc. 45 , 51 ; 2021, Sp. Sess. I, cc. 132 , 381 .
Va. Code Ann. § 46.2-301.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 1 / Section 46.2-301.1
Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle
Status: in_force

A. The motor vehicle being driven by any person (i) whose driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under the influence in violation of § 18.2-266 , 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) where such person's license has been administratively suspended under the provisions of § 46.2-391.2 ; (iii) driving after such person's driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3 , 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction; or (iv) driving without an operator's license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver's license, learner's permit or privilege to drive has been so revoked or suspended or for driving without an operator's license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction. The impoundment or immobilization for a violation of clause (i), (ii), or (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator's license pursuant to § 46.2-300 or three days, whichever is less. In the event that the offender obtains a valid operator's license at any time during the three-day impoundment period and presents such license to the court, the court shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.

The provisions of this section as to the offense described in clause (iv) shall not apply to a person who drives a motor vehicle with no operator's license (a) whose license has been expired for less than one year prior to the offense or (b) who is under 18 years of age at the time of the offense. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person's right to petition for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate and thereafter promptly forwarded to the clerk of the general district court of the jurisdiction where the arrest was made. Transmission of the notice may be by electronic means.

At least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301 , the clerk shall provide the offender with information on the location of the motor vehicle and how and when the vehicle will be released; however, for a violation of clause (iv), such information shall be provided at the time of arrest.

All reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle. Notwithstanding the above, where the arresting law-enforcement officer discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment.

B. Any driver who is the owner of the motor vehicle that is impounded or immobilized under subsection A may, during the period of the impoundment, petition the general district court of the jurisdiction in which the arrest was made to review that impoundment. The court shall review the impoundment within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting law-enforcement officer did not have probable cause for the arrest, or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the impoundment. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court shall affirm the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.

The court's findings are without prejudice to the person contesting the impoundment or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.

C. The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender's driver's license was suspended or revoked when he authorized the offender to drive such motor vehicle; (ii) did not know that the offender had no operator's license and that the operator had been previously convicted of driving a motor vehicle without an operator's license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction when he authorized the offender to drive such motor vehicle; or (iii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court, in its discretion, may release the vehicle after some period of less than such impoundment period.

D. Notwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving without an operator's license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.

E. Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver's license, learner's permit, or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator's license and who he knows has been previously convicted of driving a motor vehicle without an operator's license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly authorizes the operation of a motor vehicle by (a) any person who he knows has no legal right to do so or (b) a minor who he knows has no operator's license or learner's permit or who has a learner's permit but who he knows will operate such motor vehicle in violation of any provision of § 46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor vehicle accident that causes injury or death to any person, provided that such violation does not otherwise constitute a felony.

F. Notwithstanding the provisions of this section or § 46.2-301 , nothing in this section shall impede or infringe upon a valid lienholder's rights to cure a default under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301 . In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made through the state treasury from the appropriation for criminal charges within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Any request for reimbursement or payment of costs and fees by the Commonwealth pursuant to this section or § 46.2-1209 shall be on a form developed specifically for such purpose by the Executive Secretary of the Supreme Court. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses.

1994, cc. 359 , 363 ; 1994, 1st Sp. Sess., c. 10 ; 1995, cc. 426 , 435 ; 1997, cc. 378 , 478 , 691 ; 2005, c. 312 ; 2010, cc. 519 , 829 ; 2021, Sp. Sess. I, c. 463 ; 2025, cc. 366 , 431 ; 2026, c. 484 .
Va. Code Ann. § 46.2-1114.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 16 / Section 46.2-1114.1
Length of automobile transporters; operation on certain highways
Status: in_force

Automobile transporters shall not exceed a length of 65 feet when operated on any interstate highway or on any highway designated by the Commonwealth Transportation Board and stinger-steered automobile transporters shall not exceed a length of 80 feet when operated on the national network of interstate and primary highways as defined in 23 CFR 658.5, as amended. Any such vehicle shall display a sign of a size and type approved by the Commissioner of Highways warning that the vehicle is an over-length vehicle. Notwithstanding the provisions of § 46.2-1120 , a four-foot overhang shall be allowed beyond the front and a six-foot overhang shall be allowed beyond the rear of the vehicle. Such combinations shall have reasonable access to terminals, facilities for food, fuel, repairs, and rest as designated by the Commissioner of Highways.

2017, c. 554 .
Va. Code Ann. § 46.2-738.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-738.1
Repealed
Status: repealed

Repealed by Acts 2002, c. 90 , cl. 2.
Va. Code Ann. § 46.2-444 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 15 / Section 46.2-444
Surety requirements of bond
Status: in_force

The bond mentioned in subdivision 2 of § 46.2-436 shall be duly executed by the person giving proof and by a surety company duly authorized to transact business in the Commonwealth or by the person giving proof and by one or more individual sureties owning real estate within the Commonwealth and having an equity therein in at least the amount of the bond and the real estate shall be scheduled in the bond. But the Commissioner may not accept any real estate bond unless it is first approved by the circuit court of the jurisdiction wherein the real estate is located.

Code 1950, § 46-465; 1958, c. 541, § 46.1-476; 1989, c. 727.
Va. Code Ann. § 46.2-341 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6 / Section 46.2-341
Repealed
Status: repealed

Repealed by Acts 1989, c. 705.
Va. Code Ann. § 46.2-1117 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 16 / Section 46.2-1117
Tractor truck semitrailer combinations operating on certain highways; access to certain facilities
Status: in_force

A tractor truck semitrailer combination may draw one trailer when operating on any interstate highway and any highway as designated by the Commonwealth Transportation Board. The Commissioner of Highways shall designate reasonable access to terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for carriers of household goods.

1983, c. 515, § 46.1-335.1; 1989, c. 727; 1994, c. 456 ; 2013, cc. 585 , 646 .
Va. Code Ann. § 46.2-2152 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 4 / Section 46.2-2152
Control by Department
Status: in_force

Every household goods carrier is hereby declared to be subject to control, supervision and regulation by the Department.

2001, c. 596 .
Va. Code Ann. § 46.2-1146 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 18 / Section 46.2-1146
Excess height and length permits for haulers of certain imported goods
Status: in_force

The Commissioner and local authorities of cities and towns in their respective jurisdictions, upon written application by the owners or operators of motor vehicles used to transport items arriving at a Virginia port by ship from overseas points of origin and consigned to an assembly plant in this Commonwealth, shall issue without cost permits for the operation of such motor vehicles on the highways if those vehicles do not exceed the height limitation set forth in § 46.2-1110 by more than one and one-half feet and not exceeding the length limitation as set forth in §§ 46.2-1112 and 46.2-1113 by more than three feet. The Commissioner and local authorities may designate the routes such permittees shall use from the port to the assembly plant.

1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36 , 87 ; 2003, c. 314 .
Va. Code Ann. § 46.2-808.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-808.1
Use of crossovers on controlled access highways; penalty
Status: in_force

It is unlawful for the driver of any vehicle other than an authorized vehicle to use or attempt to use any crossover posted for authorized vehicles only on any controlled access highway.

For the purposes of this section, "authorized vehicle" means (i) Department of Transportation vehicles; (ii) law-enforcement vehicles; (iii) emergency vehicles as defined in § 46.2-920 ; (iv) towing and recovery vehicles operating under the direction of a law-enforcement agency or the Department of Transportation; (v) vehicles for which permits authorizing use of such crossovers have been issued by the Department of Transportation; (vi) vehicles operated pursuant to a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1 when engaged in providing services under such program; (vii) vehicles operated pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1 when providing such traffic incident management services; and (viii) other vehicles operating in medical emergency situations.

Violation of any provision of this section shall constitute a traffic infraction punishable by a fine of no more than $250.

1997, c. 881 ; 2008, cc. 470 , 647 ; 2017, c. 350 .
Va. Code Ann. § 46.2-1172 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 21 / Section 46.2-1172
Unauthorized taking, possession, or use of inspection stickers, etc.; penalty
Status: in_force

No person shall remove any inspection sticker or any paper issued by the Superintendent in connection with vehicle safety inspections from the custody of any person to whom the same has been issued by or under the authority of the Superintendent of State Police. Nor shall any person have any such sticker or paper in his possession or use otherwise than as authorized by the Superintendent. In any case where the Superintendent has suspended or revoked the designation of any official inspection station designated by him, such station shall surrender possession to the Superintendent or his duly authorized representative all inspection stickers and other forms and papers used in connection with safety inspection of vehicles on or before the effective date of such suspension or revocation. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

Code 1950, § 46-322.1; 1956, c. 35; 1958, c. 541, § 46.1-325; 1989, c. 727; 1998, c. 299 .
Va. Code Ann. § 46.2-477 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 17 / Section 46.2-477
When chapter applicable to policy
Status: in_force

This chapter shall not apply to any policy of insurance except as to liability thereunder incurred after certification thereof as proof of financial responsibility.

Code 1950, § 46-496.1; 1958, c. 541, § 46.1-509; 1989, c. 727.
Va. Code Ann. § 46.2-749.63 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.63
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-872 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 8 / Section 46.2-872
Maximum speed limits for vehicles operating under special permits
Status: in_force

The maximum speed limit shall be fifty-five miles per hour on any highway having a posted speed limit of fifty-five miles or more per hour if the vehicle or combination of vehicles is operating under a special permit issued by the Commissioner in accordance with § 46.2-1139 or § 46.2-1149.2 . The Commissioner may, however, further reduce the speed limit on any permit issued in accordance with § 46.2-1139 .

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 1995, c. 113 ; 1996, cc. 36 , 87 ; 1998, c. 439 .
Va. Code Ann. § 46.2-865 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 7 / Section 46.2-865
Racing or exhibition driving; definitions; penalties
Status: in_force

A. As used in this article, unless the context requires a different meaning:

"Exhibition driving" means the intentional performance of any of the following in close proximity to a group of two or more people:

1. Maintaining a motor vehicle in a stationary position by using the brake pedal or parking brake of such vehicle while simultaneously engaging the gas pedal, causing one set of wheels to spin or lose contact with the pavement;

2. Operating a motor vehicle in an unnecessary manner that causes such vehicle to move in a manner inconsistent with the normal operation of such vehicle, such as zigzagging or spinning around in a circular pattern. "Exhibition driving" does not include operating a motor vehicle in an otherwise lawful manner and engaging in such described conduct as necessary to avoid collision, damage, or injury;

3. Operating one or more motor vehicles, for the purpose of exhibiting the speed or power of such vehicle or vehicles, from a designated starting point to a designated ending point or over a common selected course, including drag racing; or

4. Transporting a passenger on the hood or roof of the motor vehicle.

B. Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.

C. Any person who engages in exhibition driving on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.

D. Any person who purposefully rides as a passenger on the hood or roof during any race or exhibition driving in violation of subsection B or C is guilty of a Class 3 misdemeanor.

E. Any person who purposefully slows, stops, or impedes, or attempts to slow, stop, or impede, the movement of traffic, including pedestrian traffic, for the purpose of a race or exhibition driving in violation of subsection B or C is guilty of a Class 1 misdemeanor.

F. When any person is convicted of reckless driving under subsection B, in addition to any other penalties provided by law, the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years or the court may, in its discretion and for good cause shown, require that such person enroll in the Intelligent Speed Assistance Program established pursuant to § 46.2-507 for a period of not less than six months nor more than two years. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398 . No restricted license issued nor enrollment in the Intelligent Speed Assistance Program required pursuant to this section shall permit any person to operate a commercial motor vehicle, as that term is defined in § 46.2-341.4 .

G. When any person is convicted of an offense of reckless driving under subsection C, in addition to any other penalties provided by law, the driver's license of such person shall be suspended by the court for a period of up to six months. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398 .

Code 1950, § 46-209.2; 1956, c. 686; 1958, c. 541, § 46.1-191; 1972, c. 33; 1984, c. 780; 1989, c. 727; 2025, cc. 648 , 652 .
Va. Code Ann. § 46.2-749.68 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.68
Special license plates; Parrothead Club
Status: in_force

On receipt of an application therefor, the Commissioner shall issue special license plates to members and supporters of the Parrothead Club.

2002, c. 864 .
Va. Code Ann. § 46.2-2099.48 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 15 / Section 46.2-2099.48
General operational requirements for transportation network companies and TNC partner
Status: in_force

A. A transportation network company and a TNC partner shall provide passenger transportation only on a prearranged basis and only by means of a digital platform that enables passengers to connect with TNC partners using a TNC partner vehicle. No TNC partner shall transport a passenger unless a transportation network company has matched the TNC partner to that passenger through the digital platform. A TNC partner shall not provide transportation in any other manner. A TNC partner shall not solicit, accept, or arrange transportation except through a transportation network company's digital platform or through a TNC broker.

B. A transportation network company shall authorize collection of fares for transporting passengers solely through a digital platform. A TNC partner shall not accept payment of fares directly from a passenger or any other person prearranging a ride or by any means other than electronically via a digital platform, unless:

1. The ride is booked by a transit system, with a transportation network company with which it has a contract, on behalf of an eligible paratransit passenger;

2. The fare is a defined amount, as published by the transit system, and is communicated to the passenger in advance;

3. The transportation network company specifically authorizes over the digital network the TNC partner to collect cash for the fare, and that authorization includes the amount to be collected. The transportation network company's digital platform shall provide the TNC partner with a method to acknowledge receipt of the fare when it is collected;

4. The passenger receives a receipt for the fare paid; and

5. The transit system receives a receipt and full accounting of cash fares monthly, or on demand, through the transportation network company's account dashboard.

C. A transportation network company with knowledge that a TNC partner has violated the provisions of subsection A or B shall remove the TNC partner from the transportation network company's digital platform for at least one year.

D. A transportation network company shall publish the following information on its public website and associated digital platform:

1. The method used to calculate fares or the applicable rates being charged and an option to receive an estimated fare;

2. Information about its TNC partner screening criteria, including a description of the offenses that the transportation network company will regard as grounds for disqualifying an individual from acting as a TNC partner;

3. The means for a passenger or other person to report a TNC partner reasonably suspected of operating a TNC partner vehicle under the influence of drugs or alcohol;

4. Information about the company's training and testing policies for TNC partners;

5. Information about the company's standards for TNC partner vehicles; and

6. A customer support telephone number or email address and instructions regarding any alternative methods for reporting a complaint.

E. A transportation network company shall associate a TNC partner with one or more personal vehicles and shall authorize a TNC partner to transport passengers only in a vehicle specifically associated with a TNC partner by the transportation network company. The transportation network company shall arrange transportation solely for previously associated TNC partners and TNC partner vehicles. A TNC partner shall not transport passengers except in a TNC partner vehicle associated with the TNC partner by the transportation network company.

F. A TNC partner shall carry at all times while operating a TNC partner vehicle proof of coverage under each in-force TNC insurance policy, which may be displayed as part of the digital platform, and each in-force personal automobile insurance policy covering the vehicle. The TNC partner shall present such proof of insurance upon request to the Commissioner, a law-enforcement officer, an airport owner and operator, an official of the Washington Metropolitan Area Transit Commission, or any person involved in an accident that occurs during the operation of a TNC partner vehicle. The transportation network company shall require the TNC partner's compliance with the provisions of this subsection.

G. Prior to the activation of a TNC partner's account, and periodically thereafter, a transportation network company shall require such TNC partner to verify his identity through the digital platform. Prior to a passenger's entering a TNC partner vehicle, a transportation network company shall provide through the digital platform to the person prearranging the ride the first name and a photograph of the TNC partner, the make and model of the TNC partner vehicle, and the license plate number of the TNC partner vehicle.

H. A transportation network company shall provide to each of its TNC partners a credential, which may be displayed as part of the digital platform, that includes the following information:

1. The name or logo of the transportation network company;

2. The name and a photograph of the TNC partner; and

3. The make, model, and license plate number of each TNC partner vehicle associated with the TNC partner and the state issuing each such license plate.

The TNC partner shall carry the credential at all times during the operation of a TNC partner vehicle and shall present the credential upon request to law-enforcement officers, airport owners and operators, officials of the Washington Metropolitan Area Transit Commission, or a passenger. The transportation network company shall require the TNC partner's compliance with this subsection.

I. A transportation network company and its TNC partner shall, at all times during a prearranged ride, make the following information available through its digital platform immediately upon request to representatives of the Department, to law-enforcement officers, to officials of the Washington Metropolitan Area Transit Commission, and to airport owners and operators:

1. The name of the transportation network company;

2. The name of the TNC partner and the identification number issued to the TNC partner by the transportation network company;

3. The license plate number of the TNC partner vehicle and the state issuing such license plate; and

4. The location, date, and approximate time that each passenger was or will be picked up.

J. Upon completion of a prearranged ride, a transportation network company shall transmit to the person who prearranged the ride an electronic receipt that includes:

1. A map of the route taken;

2. The date and the times the trip began and ended;

3. The total fare, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride;

4. The TNC partner's first name and photograph; and

5. Contact information by which additional support may be obtained.

K. The transportation network company shall adopt and enforce a policy of nondiscrimination on the basis of a passenger's points of departure and destination and shall notify TNC partners of such policy.

TNC partners shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers.

A transportation network company shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange wheelchair-accessible service in a TNC partner vehicle in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

A transportation network company shall not impose additional charges for providing services to persons with disabilities because of those disabilities.

TNC partners shall comply with all applicable laws relating to accommodation of service animals.

A TNC partner may refuse to transport a passenger for any reason not prohibited by law, including any case in which (i) the passenger is acting in an unlawful, disorderly, or endangering manner; (ii) the passenger is unable to care for himself and is not in the charge of a responsible companion; or (iii) the TNC partner has already committed to providing a ride for another passenger.

A TNC partner shall immediately report to the transportation network company any refusal to transport a passenger after accepting a request to transport that passenger.

L. No transportation network company or TNC partner shall conduct any operation on the property of or into any airport unless such operation is authorized by the airport owner and operator and is in compliance with the rules and regulations of that airport. The Department may take action against a transportation network company that violates any regulation of an airport owner and operator, including the suspension or revocation of the transportation network company's certificate.

M. A TNC partner shall access and utilize a digital platform in a manner that is consistent with traffic laws of the Commonwealth.

N. In accordance with § 46.2-812 , no TNC partner shall operate a motor vehicle for more than 13 hours in any 24-hour period.

O. A transportation network company shall ensure that a rider has the option to opt in to audio recording of each prearranged ride and that TNC partners have the option to opt in to audio and video recording of each prearranged ride, provided that a transportation network company that makes a good faith effort to provide audio or video recording pursuant to this subsection be held harmless for any failure of the technology to record a prearranged ride.

P. No TNC partner shall (i) intentionally use another individual's account or credential or permit another individual to use his account or credential on the transportation network company's digital platform or (ii) knowingly provide false information in the creation of an account or credential for purposes of creating a fake account.

2015, cc. 2 , 3 ; 2017, c. 635 ; 2022, c. 239 ; 2026, c. 1095 .
Va. Code Ann. § 46.2-115 — Virginia Code / Title 46.2 / Subtitle I / Chapter 1 / Section 46.2-115
Inapplicability of title on Tangier Island; adoption of local ordinances; penalties
Status: in_force

Except for this section, no provisions of this title shall apply in the Town of Tangier.

The council of the Town of Tangier may adopt such ordinances paralleling any provision of this title and adapt their provisions to suit the Town's unique situation. No penalty for any violation of any such ordinance, however, shall exceed the penalty imposed for a violation of the parallel provision of this title.

1995, c. 670 .
Va. Code Ann. § 46.2-702.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 7 / Section 46.2-702.1
Repealed
Status: repealed

Repealed by Acts 2020, cc. 1230 and 1275 , cl. 4.
Va. Code Ann. § 46.2-819.3 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1.1 / Section 46.2-819.3
Use of toll facility without payment of toll; enforcement; penalty
Status: in_force

A. For purposes of this section:

"Debt collection" means the collection of unpaid tolls and applicable administrative fees by (i) retention of a third-party debt collector or (ii) collection practices undertaken by employees of a toll facility operator that are materially similar to a third-party debt collector.

"Operator of a toll facility other than the Department of Transportation" means any agency, political subdivision, authority, or other entity that operates a toll facility.

"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the equivalent agency in another state. "Owner" does not include a vehicle rental or vehicle leasing company.

B. The toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee shall not be levied on a first unpaid toll unless the written promise to pay executed pursuant to subsection F remains unpaid after 30 days. The person who executed the written promise to pay pursuant to subsection F shall pay the unpaid toll and any administrative fee detailed in an invoice or bill issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25.

C. If the matter proceeds to court, the owner or operator of the vehicle shall be liable for a civil penalty as follows: for a first offense, $50; for a second offense within one year from the first offense, $100; for a third offense within two years from the second offense, $250; and for a fourth and any subsequent offense within three years from the second offense, $500 plus, in each case, the unpaid toll, all accrued administrative fees imposed by the toll facility operator and applicable court costs if the vehicle operator is found, as evidenced by information obtained from the toll facility operator, to have used such a toll facility without payment of the required toll.

D. Notwithstanding subsections B and C, for a first conviction of an operator or owner of a vehicle under this section, the total amount for the first conviction shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses the operator or owner of a vehicle is convicted of on that date.

E. No summons may be issued by a toll facility operator for a violation of this section unless the toll facility operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection not less than 30 days prior to issuance of the summons and (ii) 120 days have elapsed since the unpaid toll or, in a summons for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons.

F. A written promise to pay an unpaid toll within a specified period of time executed by the operator of a motor vehicle, accompanied by a certificate sworn to or affirmed by an authorized agent of the toll facility that the unpaid toll was not paid within such specified period, shall be prima facie evidence of the facts contained therein.

G. The operator of a toll facility shall send an invoice or bill to the owner of a motor vehicle using a toll facility without payment of the specified toll as part of an electronic or manual toll collection process pursuant to § 46.2-819.6 , prior to seeking remedies under this section. Any action under this section shall be brought in the general district court of the county or city in which the toll facility is located and shall be commenced within two years of the commission of the offense. Such an action shall be considered a traffic infraction. The attorney for the Commonwealth may represent the interests of the toll facility operator. Any authorized agent or employee of a toll facility operator acting on behalf of a governmental entity shall be allowed the privileges accorded by § 16.1-88.03 in such cases.

H. Upon a finding by a court of competent jurisdiction that the operator of a motor vehicle identified in the summons issued pursuant to subsection J was in violation of this section, the court shall impose a civil penalty upon the operator of a motor vehicle in accordance with the amounts specified in subsection C, together with applicable court costs, the operator's administrative fee, and the toll due. Penalties assessed as the result of action initiated by the Department of Transportation shall be remanded by the clerk of the court that adjudicated the action to the Department of Transportation's Toll Facilities Revolving Account. Penalties assessed as the result of action initiated by an operator of a toll facility other than the Department of Transportation shall be remanded by the clerk of the court that adjudicated the action to the treasurer or director of finance of the county or city in which the violation occurred for payment to the toll facility operator.

I. The toll facility operator may offer to the owner an option to pay the unpaid toll and fees plus a reduced civil penalty of not more than $25 for a first or second offense or not more than $50 for a third, fourth, or subsequent offense, as specified on the summons, provided the owner actually pays to the toll facility operator the entire amount so calculated at least 14 days prior to the hearing date specified on the summons. If the owner accepts such offer and such amount is actually received by the toll facility operator at least 14 days prior to the hearing date specified on the summons, the toll facility operator shall move the court at least five business days prior to the date set for trial to dismiss the summons issued to the owner of the vehicle, and the court shall dismiss upon such motion.

J. A summons for a violation of this section may be executed as provided in § 19.2-76.2 . A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction. Notwithstanding the provisions of § 19.2-76 , a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the operator of a motor vehicle as shown on the written promise to pay executed pursuant to subsection F or records of the Department of Motor Vehicles. Such summons shall be signed either originally or by electronic signature. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this subsection, the summons shall be executed in the manner set out in § 19.2-76.3 .

K. Upon a finding by a court that a person has three or more unpaid tolls and such person fails to pay the required penalties, fees, and unpaid tolls, the court shall notify the Commissioner of the Department of Motor Vehicles, who shall refuse to issue or renew any vehicle registration certificate of any applicant or the license plate issued for any vehicle owned or co-owned by the offender or, when the vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9 , who shall provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court's finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement. Upon receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall notify the state where the vehicle is registered of such payment. The Commissioner shall collect a $40 administrative fee from the owner or operator of the vehicle to defray the cost of processing and removing an order to deny registration or registration renewal.

L. Imposition of a civil penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

M. No person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.

2004, c. 924 ; 2006, c. 859 ; 2007, cc. 78 , 200 ; 2011, c. 736 ; 2016, c. 753 ; 2020, cc. 964 , 965 .
Va. Code Ann. § 46.2-2099.53 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 15 / Section 46.2-2099.53
(Effective until January 1, 2027) Recordkeeping and reporting requirements for transportation network companies
Status: in_force

A. Records maintained by a transportation network company shall be adequate to confirm compliance with subsection D of § 46.2-2099.48 and with §§ 46.2-2099.49 and 46.2-2099.50 and shall at a minimum include:

1. True and accurate results of each national criminal history records check for each individual that the transportation network company authorizes to act as a TNC partner;

2. True and accurate results of the driving history research report for each individual that the transportation network company authorizes to act as a TNC partner;

3. Driver's license records of TNC partners, including records associated with participation in a driver record monitoring program;

4. True and accurate results of the sex offender screening for each individual that the transportation network company authorizes to act as a TNC partner;

5. Proof of compliance with the requirements enumerated in subdivisions A 1 and 3 through 6 of § 46.2-2099.50 ;

6. Proof of compliance with the notice and disclosure requirements of subsection D of § 46.2-2099.48 and subsections D and E of § 46.2-2099.49 ; and

7. Proof that the transportation network company obtained certification from the TNC partner that the TNC partner secured the consent of each owner, lessor, and lessee of the vehicle for its registration as a TNC partner vehicle and for its use as a TNC partner vehicle by the TNC partner.

A transportation network company shall retain all records required under this subsection for a period of three years. Such records shall be retained in a manner that permits systematic retrieval and shall be made available to the Department in a format acceptable to the Commissioner for the purposes of conducting an audit on no more than an annual basis.

B. A transportation network company shall maintain the following records and make them available, in an acceptable format, on request to the Commissioner, a law-enforcement officer, an official of the Washington Metropolitan Area Transit Commission, or an airport owner and operator to investigate and resolve a complaint or respond to an incident:

1. Data regarding TNC partner activity while logged into the digital platform, including beginning and ending times and locations of each prearranged ride;

2. Records regarding any actions taken against a TNC partner;

3. Contracts or agreements between the transportation network company and its TNC partners;

4. Information identifying each TNC partner, including the TNC partner's name, date of birth, and driver's license number and the state issuing the license; and

5. Information identifying each TNC partner vehicle the transportation network company has authorized, including the vehicle's make, model, model year, vehicle identification number, and license plate number and the state issuing the license plate.

Requests for information pursuant to subdivision 2 or 3 shall be in writing.

C. Information obtained by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, or airport owners and operators pursuant to this section shall be considered privileged information and shall only be used by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, and airport owners and operators for purposes specified in subsection A or B. Such information shall not be subject to disclosure except on the written request of the Commissioner, a law-enforcement officer, an official of the Washington Metropolitan Area Transit Commission, or an airport owner and operator who requires such information for the purposes specified in subsection A or B.

D. Except as provided in subsection C, information obtained by the Department, law-enforcement officers, officials of the Washington Metropolitan Area Transit Commission, or airport owners and operators pursuant to this section shall not be disclosed to anyone without the transportation network company's express written permission and shall not be subject to disclosure through a court order or through a third-party request submitted pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). This provision shall not be construed to mean that a person is denied the right to seek such information directly from a transportation network company during a court proceeding.

E. Except as required under this section, a transportation network company shall not disclose any personal information, as defined in § 2.2-3801 , about a user of its digital platform unless:

1. The transportation network company obtains the user's consent to disclose the personal information;

2. The disclosure is necessary to comply with a legal obligation; or

3. The disclosure is necessary to protect or defend the terms and conditions for use of the service or to investigate violations of the terms and conditions.

This limitation regarding disclosure does not apply to the disclosure of aggregated user data or to information about the user that is not personal information as defined in § 2.2-3801 .

2015, cc. 2 , 3 .
Va. Code Ann. § 46.2-746.8:1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-746.8:1
Repealed
Status: repealed

Repealed by Acts 2004, c. 717 .
Va. Code Ann. § 46.2-1573.20 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7.3 / Section 46.2-1573.20
Warranty obligations
Status: in_force

A. Each trailer manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its trailer dealers licensed in the Commonwealth the dealer's obligations for preparation, delivery, and warranty service on its products and (ii) compensate the dealer for warranty parts, service, and diagnostic work required of the dealer by the manufacturer or distributor as follows:

1. Compensation of a dealer for warranty parts, service, and diagnostic work shall not be less than the amounts charged by the dealer for the manufacturer's or distributor's original parts, service, and diagnostic work to retail customers for nonwarranty service, parts, and diagnostic work installed or performed in the dealer's service department unless the amounts are not reasonable;

2. For purposes of determining warranty parts and service compensation, menu-priced parts or services, group discounts, special event discounts, and special event promotions shall not be considered in determining amounts charged by the dealer to retail customers;

3. Increases in dealer warranty parts and service compensation and diagnostic work compensation, pursuant to this section, shall be requested by the dealer in writing, shall be based on 100 consecutive repair orders or all repair orders over a 90-day period, whichever occurs first, and, in the case of parts, shall be stated as a percentage of markup that shall be uniformly applied to all the manufacturer's or distributor's parts;

4. In the case of warranty parts compensation, the provisions of this subsection shall be effective only for model year 1992 and succeeding model years;

5. If a manufacturer or distributor furnishes a part to a dealer at no cost for use by the dealer in performing work for which the manufacturer or distributor is required to compensate the dealer under this section, the manufacturer or distributor shall compensate the dealer for the part in the same manner as warranty parts compensation, less the wholesale costs, for such part as listed in the manufacturer's current price schedules; or

6. In the case of service work, manufacturer original parts or parts otherwise specified by the manufacturer or distributor, and parts provided by a dealer either pursuant to an adjustment program as defined in § 59.1-207.34 or as otherwise requested by the manufacturer or distributor, the dealer shall be compensated in the same manner as for warranty service or parts.

This section does not apply to compensation for parts such as components, systems, fixtures, appliances, furnishings, accessories, and features that are designed, used, and maintained primarily for nonvehicular, residential purposes. Warranty audits of dealer records may be conducted by the manufacturer, factory branch, distributor, or distributor branch on a reasonable basis, and dealer claims for warranty compensation shall not be denied except for good cause, such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation shall be paid within 30 days of dealer submission or within 30 days of the end of an incentive program or rejected in writing for stated reasons. The manufacturer, factory branch, distributor, or distributor branch shall reserve the right to reasonable periodic audits to determine the validity of all such paid claims for dealer compensation. Any chargebacks for warranty parts or service compensation and service incentives shall only be for the 12-month period immediately following the date of the claim and, in the case of chargebacks for sales compensation only, for the 18-month period immediately following the date of claim. However, such limitations shall not be effective in the case of intentionally false or fraudulent claims.

B. It shall be unlawful for any trailer manufacturer, factory branch, distributor, or distributor branch to:

1. Fail to perform any of its warranty obligations, including tires, with respect to a trailer;

2. Fail to assume all responsibility for any liability resulting from structural or production defects;

3. Fail to include in written notices of factory recalls to trailer owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of defects;

4. Fail to compensate any of the trailer dealers licensed in the Commonwealth for repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch;

5. Fail to compensate its trailer dealers licensed in the Commonwealth for warranty parts, work, and service pursuant to subsection A or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the manufacturer, factory branch, distributor, or distributor branch is legally responsible or that the manufacturer, factory branch, distributor, or distributor branch imposes upon the dealer;

6. Misrepresent in any way to purchasers of trailers that warranties with respect to the manufacture, performance, or design of the trailer are made by the dealer, either as warrantor or co-warrantor;

7. Require the dealer to make warranties to customers in any manner related to the manufacture, performance, or design of the trailer; or

8. Shift or attempt to shift to the trailer dealer, directly or indirectly, any liabilities of the manufacturer, factory branch, distributor, or distributor branch under the Virginia Motor Vehicle Warranty Enforcement Act (§ 59.1-207.9 et seq.), unless such liability results from the act or omission by the dealer.

C. Notwithstanding the terms of any franchise, it shall be unlawful for any trailer manufacturer, factory branch, distributor, or distributor branch to fail to indemnify and hold harmless its trailer dealers against any losses or damages arising out of complaints, claims, or suits relating to the manufacture, assembly, or design of trailers, parts, or accessories, or other functions by the manufacturer, factory branch, distributor, or distributor branch beyond the control of the dealer, including, without limitation, the selection by the manufacturer, factory branch, distributor, or distributor branch of parts or components for the trailer or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch. The dealer shall notify the manufacturer of pending suits in which allegations are made that come within this subsection whenever reasonably practicable to do so. Every trailer dealer franchise issued to, amended, or renewed for trailer dealers in the Commonwealth shall be construed to incorporate provisions consistent with the requirements of this subsection.

D. On any new trailer, any uncorrected damage or any corrected damage exceeding three percent of the manufacturer's or distributor's suggested retail price as defined in 15 U.S.C. §§ 1231-1233, as measured by retail repair costs, must be disclosed to the dealer in writing prior to delivery. Factory mechanical repair and damage to glass, tires, and bumpers are excluded from the three percent rule when properly replaced by identical manufacturer's or distributor's original equipment or parts. Whenever a new trailer is damaged in transit, when the carrier or means of transportation is determined by the manufacturer or distributor, or whenever a trailer is otherwise damaged prior to delivery to the new trailer dealer, the new trailer dealer shall:

1. Notify the manufacturer or distributor of the damage within three business days from the date of delivery of the new trailer to the new trailer dealership or within the additional time specified in the franchise; and

2. Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage, unless the damage to the trailer exceeds the three percent rule, in which case the dealer may reject the trailer within three business days.

E. If the manufacturer or distributor refuses or fails to authorize correction of such damage within 10 days after receipt of notification, or if the dealer rejects the trailer because damage exceeds the three percent rule, ownership of the new trailer shall revert to the manufacturer or distributor, and the new trailer dealer shall have no obligation, financial or otherwise, with respect to such trailer. Should either the manufacturer, distributor, or the dealer elect to correct the damage or any other damage exceeding the three percent rule, full disclosure shall be made by the dealer in writing to the buyer and an acknowledgment by the buyer is required. If there is less than three percent damage, no disclosure is required, provided that the damage has been corrected. Predelivery mechanical work shall not require a disclosure. Failure to disclose any corrected damage within the knowledge of the selling dealer to a new trailer in excess of the three percent rule shall constitute grounds for revocation of the buyer order, provided that, within 30 days of purchase, the trailer is returned to the dealer with an accompanying written notice of the grounds for revocation. In case of revocation pursuant to this section, the dealer shall accept the trailer and refund any payments made to the dealer in connection with the transaction, less a reasonable allowance for the consumer's use of the trailer as defined in § 59.1-207.11 .

F. If there is a dispute between the manufacturer, factory branch, distributor, or distributor branch and the dealer with respect to any matter referred to in subsection A, B, or C, either party may petition the Commissioner in writing, within 30 days after either party has given written notice of the dispute to the other, for a hearing. The decision of the Commissioner shall be binding on the parties, subject to rights of judicial review and appeal as provided in the Administrative Process Act (§ 2.2-4000 et seq.). However, nothing contained in this section shall give the Commissioner any authority as to the content or interpretation of any manufacturer's or distributor's warranty.

1996, cc. 1043 , 1052 , § 46.2-1992.72; 2015, c. 615 .
Va. Code Ann. § 46.2-1142.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 18 / Section 46.2-1142.1
Extensions of overweight limits authorized under § 46.2-1142 for vehicles used to haul concrete; fees
Status: in_force

Owners or operators of vehicles used exclusively to haul concrete may apply for permits to extend the single axle weight limit of 20,000 pounds, the tandem axle weight limit of 40,000 pounds, the four axle weight of 70,000 pounds, the tri-axle grouping weight of 50,000 pounds, and the three-axle weight of 60,000 pounds provided for in § 46.2-1142 , by a maximum of five percent. The fee for such permits shall be $250, to be allocated as follows: (i) $245 deposited into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530 to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $5 administrative fee to the Department.

Permits issued under this section shall be valid for one year from the date of issuance. No permit issued under this section shall authorize violation of any weight limitation, promulgated and posted in accordance with § 46.2-1130 , applicable to bridges or culverts. Permits issued under this section shall authorize extensions of the limitation provided for in § 46.2-1128 for vehicles operating on interstate highways only to the extent that any such extension (i) is not inconsistent with federal law and (ii) will not jeopardize or require the withholding or reduction of federal transportation funding otherwise available to the Commonwealth or any of its political subdivisions.

The Commissioner shall make the permit available to vehicles registered outside the Commonwealth under the same conditions and restrictions which are applicable to vehicles registered within the Commonwealth. The Commissioner may promulgate regulations governing such permits. Except as provided in this section and § 46.2-1142 , no weights in excess of those authorized by law shall be tolerated.

1990, c. 195; 1997, c. 283 ; 2000, c. 265 ; 2001, cc. 822 , 857 ; 2012, c. 443 .
Va. Code Ann. § 46.2-1127.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 17 / Section 46.2-1127.1
Weight limit exception for certain emergency vehicles using the interstate highways
Status: in_force

A. For purposes of this section, "emergency vehicle" means a vehicle designed to be used under emergency conditions to (i) transport personnel and equipment and (ii) support the suppression of fires and mitigation of other hazardous situations.

B. An emergency vehicle shall not exceed the following weight limitations when operated on any interstate highway: (i) 24,000 pounds on a single steering axle; (ii) 33,500 pounds on a single drive axle; (iii) 52,000 pounds on a tandem rear drive steer axle; and (iv) 62,000 pounds on a tandem axle that is not a tandem rear drive steer axle. However, the maximum gross weight of such emergency vehicle shall not exceed 86,000 pounds.

2017, c. 554 .
Va. Code Ann. § 46.2-859 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 7 / Section 46.2-859
Passing a stopped school bus; prima facie evidence
Status: in_force

A. A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities, and shall remain stopped until all the individuals are clear of the highway, private road or school driveway and the bus is put in motion; any individual violating the foregoing is guilty of reckless driving.

B. The provisions of subsection A shall not apply to the driver of a vehicle when approaching a school bus if the school bus is:

1. Stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The provisions of this subdivision apply regardless of whether such physical barrier or unpaved area is continuous or segmented when necessary to accommodate an intersection or turning vehicles.

2. Loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus.

C. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.

D. Evidence that the bus was stopped with at least one warning device prescribed in § 46.2-1090 activated shall be considered prima facie evidence that the bus was stopped for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities.

Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126 ; 2002, c. 541 ; 2011, cc. 325 , 326 ; 2023, cc. 148 , 149 , 382 ; 2026, c. 132 .
Va. Code Ann. § 46.2-863 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 7 / Section 46.2-863
Failure to yield right-of-way
Status: in_force

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727.
Va. Code Ann. § 46.2-424 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 13 / Section 46.2-424
Duty of insurance carrier after notice of accident; report of omissions by insurers to State Corporation Commission; investigation and assessment for omissions
Status: in_force

On receipt of the certificate of insurance, the insurance carrier or surety company named in the certificate of insurance shall determine whether the policy or bond was applicable to liability, if any, as to the named insured. Thereupon and not later than thirty days following receipt of the certificate of insurance, the insurance company or surety company shall cause to be filed with the Commissioner a written notice if the policy or bond was not applicable to liability, if any, as to the named insured resulting from the accident. The Commissioner shall prescribe the manner in which the written notice shall be made.

When the insurance company or surety company notifies the Commissioner that the policy or bond named in the certificate of insurance was not applicable to liability resulting from the accident, the Department shall determine, under § 46.2-708 , whether suspension of the driver's license, registration cards, and license plates issued to the owner of the motor vehicle involved in the accident is required.

If the records of the Department reasonably indicate that any insurance carrier or surety company does not cause to be filed the notice herein required, the Commissioner shall report every such omission to the State Corporation Commission.

The State Corporation Commission shall investigate every such report of omission. If the Commission finds that any insurance carrier or surety company licensed to transact business in the Commonwealth, has failed, without good reason, to cause to be filed the notice required hereunder, the State Corporation Commission may assess the carrier or company fifty dollars for each omission.

Code 1950, § 46-438; 1958, c. 541, § 46.1-451; 1972, c. 442; 1989, c. 727.
Va. Code Ann. § 46.2-749.61 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.61
Repealed
Status: repealed

Repealed by Acts 2011, c. 21 .
Va. Code Ann. § 46.2-771 — Virginia Code / Title 46.2 / Subtitle II / Chapter 7 / Section 46.2-771
(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Purpose
Status: in_force

The purpose of this chapter is to ensure more equitable contributions to the Commonwealth Transportation Fund from alternative fuel vehicles, electric motor vehicles, and fuel-efficient vehicles using highways in the Commonwealth.

2020, cc. 1230 , 1275 .
Va. Code Ann. § 46.2-2161 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 4 / Section 46.2-2161
Payment of tariff charges; payment of specific charges
Status: in_force

A. The carrier will not deliver or relinquish possession of any property transported by it until all tariff rates and charges thereon have been paid in cash, postal money order, traveler's check, cashier's check, bank treasurer's check, bank wire transfer, or approved credit card, except where other satisfactory arrangements have been made between the carrier and the consignor or consignee.

B. Carrier may require prepayment of charges for a specific service in full or in part on or before commencing performance of such services as requested by shipper.

C. Estimated charges may be bound or fixed so that the price estimated may not be exceeded with the exception that any accessorial tariff charges incurred at destination that are not known to the carrier until actual delivery of the shipment and a sight survey reveals that additional charges are necessary to effect delivery as published in the carrier's tariff.

2001, c. 596 ; 2006, c. 609 .
Va. Code Ann. § 46.2-380 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 11 / Section 46.2-380
Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period
Status: in_force

A. Any report of a crash made pursuant to § 46.2-372 , 46.2-373 , 46.2-375 , or 46.2-377 shall be maintained by the Department in either hard copy or electronic form for a period of at least 36 months from the date of the crash. The report shall be open to the inspection of (i) any person involved or injured in the crash or as a result thereof, or his attorney, or any person who, at the time of the crash, owned a vehicle or property involved in the crash, or his attorney, (ii) any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the crash or to which the person has applied for issuance or renewal of a policy of automobile insurance, or (iii) the FMCSA or any authorized agent thereof. Additionally, any report made pursuant to § 46.2-373 shall be open to the inspection of any towing and recovery operator that responded to a public safety towing request for the removal of any vehicle involved in the crash for the sole purpose of obtaining registered owner information and insurance information for any such vehicle. Any such crash report received by a towing and recovery operator that responded to a public safety towing request for the removal of any vehicle involved in such crash shall not be disseminated to any other party. The Commissioner shall, upon written request of the person authorized to inspect the report, furnish a copy of the report, in either hard copy or electronic form, at the expense of the requester. Any such report shall also be open to inspection by the personal representative of any person injured or killed in the crash, including his guardian, conservator, executor, committee, next of kin as defined in § 54.1-2800 , or administrator, or, if the person injured or killed is under 18 years of age, his parent or guardian. The Commissioner shall only be required to furnish under this section copies of reports required by the provisions of this article to be made directly to the Commissioner. The Commissioner may set a reasonable fee for furnishing a copy of any report, provide to whom payment shall be made, and establish a procedure for payment.

B. The Commissioner or Superintendent of State Police having a copy of any photograph taken by a law-enforcement officer relating to a nonfatal crash shall maintain the negatives for or an electronic record of such photographs in their records for at least 36 months from the date of the crash.

Code 1950, § 46-410; 1956, c. 648; 1958, c. 541, § 46.1-410; 1975, c. 21; 1976, c. 40; 1978, c. 829; 1986, c. 639; 1989, cc. 302, 727; 1997, c. 801 ; 1998, c. 522 ; 2013, cc. 80 , 104 ; 2015, c. 171 ; 2019, c. 750 ; 2020, c. 701 ; 2023, cc. 601 , 602 ; 2026, c. 220 .
Va. Code Ann. § 46.2-1606 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 16 / Section 46.2-1606
Certificates of title issued by other states; nonnegotiable titles
Status: in_force

A. The Commissioner may accept certificates of titles for salvage vehicles or other documents deemed appropriate by the Department issued by other states indicating a vehicle has been declared salvage, and shall carry forward all appropriate brands or indicators. If the vehicle has not been rebuilt and the requirements of § 46.2-1605 have not been met, the Department shall issue a salvage certificate for the vehicle.

B. The Department shall issue a nonnegotiable title for a vehicle that has been rebuilt, titled, and registered out of state when (i) an application for title has been received for a vehicle for which the National Motor Vehicle Title Information System or the vehicle's current out-of-state title or other document proving ownership issued by another state indicates that a brand or indicator has been issued by another state identifying such vehicle as "junk," "for destruction," "for parts only," "not to be repaired," or other similar designation and (ii) documentation to show such repairs accompanies the application. Any negotiable security interests in the vehicle shall be shown on the face of the nonnegotiable title. The provisions of §§ 46.2-636 , 46.2-636.1 , 46.2-637 , 46.2-638 , 46.2-639 , 46.2-640 , 46.2-640.1 , 46.2-641 , 46.2-642 , and 46.2-643 shall apply to nonnegotiable titles. However, no negotiable title shall ever be issued for such vehicle. At any time, the vehicle owner may declare a vehicle titled under this subsection to be nonrepairable, in accordance with § 46.2-1603.2 .

A nonnegotiable title issued under this subsection shall not be transferred except as provided in §§ 46.2-633 , 46.2-633.2 , or 46.2-634 or when the vehicle is acquired by an insurance company as the result of the claims process. The transferee may not add as a co-owner an individual not entitled to possession of the vehicle under §§ 46.2-633 , 46.2-633.2 , or 46.2-634 . If the vehicle will not be registered for use by the transferee, the transferee shall declare the vehicle to be nonrepairable by applying for a nonrepairable certificate in accordance with § 46.2-1603.2 .

Any vehicle for which a nonnegotiable title has been issued pursuant to this section may be registered for use on the highways in the Commonwealth.

1979, c. 401, § 46.1-550.11; 1981, c. 9; 1989, c. 727; 1992, c. 148; 2017, c. 277 .
Va. Code Ann. § 46.2-2000.1 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 1 / Section 46.2-2000.1
Vehicles excluded from operation of chapter
Status: in_force

This chapter shall not be construed to include:

1. Motor vehicles employed solely in transporting school children and teachers;

2. Taxicabs, or other motor vehicles performing bona fide taxicab service, having a seating capacity of not more than six passengers, excluding the driver, while operating in a county, city, or town which has or adopts an ordinance regulating and controlling taxicabs and other vehicles performing a bona fide taxicab service, and not operating on a regular route or between fixed termini;

3. Motor vehicles owned or operated by or on behalf of hotels while used exclusively for the transportation of hotel patronage between hotels and local railroad or other common carrier stations;

4. Motor vehicles owned and operated by the United States, the District of Columbia, or any state, or any municipality or any other political subdivision of this Commonwealth, including passenger-carrying motor vehicles while being operated under an exclusive contract with the United States;

5. Any motor vehicle designed with a seating capacity for and used to transport not more than 15 passengers, including the driver, if the driver and the passengers are engaged in a share-the-ride undertaking and if they share not more than the expenses of operation of the vehicle. Regular payments toward a capital recovery fund not exceeding the cost of the vehicle or used to pay for leasing the vehicle are to be considered eligible expenses of operation;

6. Unless otherwise provided, motor vehicles while used exclusively in the transportation of passengers within the corporate limits of incorporated cities or towns, and motor vehicles used exclusively in the regular transportation of passengers within the boundaries of such cities or towns and adjacent counties where such vehicles are being operated by such county or pursuant to a contract with the board of supervisors of such county;

7. Motor vehicles while operated under the exclusive regulatory control of a transportation district commission acting pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2;

8. Motor vehicles used for the transportation of passengers by nonprofit, nonstock corporations funded solely by federal, state or local subsidies, the use of which motor vehicles are restricted as to regular and irregular routes to contracts with four or more counties and, at the commencement of the operation, no certificated carrier provides the same or similar services within such counties; and

9. Emergency medical services vehicles as defined in § 32.1-111.1 .

Code 1950, § 56-274; 1950, p. 370; 1958, c. 285; 1966, c. 575; 1968, c. 183; 1970, c. 33; 1973, c. 460; 1975, c. 122; 1976, cc. 378, 411; 1977, c. 514; 1978, c. 152; 1979, cc. 608, 618; 1980, c. 230; 1982, c. 257; 1983, c. 112; 1985, c. 88; 1986, c. 420; 1989, c. 625; 1995, cc. 744 , 803 ; 2001, c. 596 ; 2002, c. 337 ; 2011, cc. 881 , 889 ; 2015, cc. 502 , 503 .
Va. Code Ann. § 46.2-730.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-730.1
License plates for military surplus motor vehicles; fee; penalty
Status: in_force

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.

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:

1. For participation in off-road events, on-road club activities, exhibits, tours, parades, and similar events; and

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.

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.

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.

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, 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 .

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.

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.

F. No military surplus motor vehicle shall be registered as an antique vehicle pursuant to § 46.2-730 .

2018, c. 555 .
Va. Code Ann. § 46.2-390.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 12 / Section 46.2-390.1
Repealed
Status: repealed

Repealed by Acts 2020, cc. 740 and 741 cl. 2.
Va. Code Ann. § 46.2-749.84 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.84
Repealed
Status: repealed

Repealed by Acts 2004, c. 717 .
Va. Code Ann. § 46.2-829 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 2 / Section 46.2-829
Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way
Status: in_force

Upon the approach of any emergency vehicle as defined in § 46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 through 46.2-1024 , the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in § 46.2-868 .

Code 1950, § 46-241; 1958, c. 541, § 46.1-225; 1960, c. 570; 1966, cc. 613, 699; 1968, c. 89; 1976, c. 754; 1984, c. 539; 1985, c. 462; 1989, c. 727; 1993, c. 579.
Va. Code Ann. § 46.2-608 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 1 / Section 46.2-608
When application for registration or certificate of title rejected
Status: in_force

The Department may reject an application for the registration of a motor vehicle, trailer, or semitrailer or certificate of title when:

1. The applicant for registration is not entitled to it under the provisions of this title or Title 43;

2. The applicant has neglected or refused to furnish the Department with the information required on the appropriate official form or other information required by the Department;

3. The required fees have not been paid;

4. The vehicle is not equipped with equipment required by this title or the vehicle is equipped with equipment prohibited by this title;

5. The applicant, if not a resident of the Commonwealth, has not filed with the Commissioner a power of attorney appointing him the applicant's authorized agent or attorney-in-fact upon whom process or notice may be served as required in § 46.2-601 ;

6. There is reason to believe that the application or accompanying documents have been altered or contain any false statement;

7. The vehicle is a commercial motor vehicle and is being operated by a motor carrier that has been prohibited to operate by a federal agency;

8. The vehicle is a commercial motor vehicle and the vehicle has been assigned for safety to a motor carrier that has been prohibited from operating by a federal agency or a motor carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner or a relative, family member, corporate officer, or shareholder; or

9. The vehicle is a commercial motor vehicle and the applicant has applied on behalf of or for the benefit of the real party in interest who has been issued a federal out of service order or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant or an entity, relative, family member, corporate officer, or shareholder.

For purposes of this section, the terms "commercial motor vehicle" and "motor carrier" shall be as defined in § 52-8.4 .

Code 1950, § 46-54; 1958, c. 541, § 46.1-56; 1968, c. 605; 1986, c. 490; 1989, c. 727; 2011, c. 61 .
Va. Code Ann. § 46.2-619 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 2 / Section 46.2-619
New indicia of title; procedure as to leased vehicles
Status: in_force

When the Department receives a certificate of title properly assigned and acknowledged, accompanied by an application for registration, it shall register the motor vehicle, trailer, or semitrailer described in the application and shall issue to the person entitled to it by reason of the transfer a new registration card, license plate, or plates and certificate of title in the manner and form and for the fees provided in this chapter for original registration. For leased vehicles, such application shall include (i) if the lessee is an individual, the name and residence street address of the lessee and the name of the locality in which the leased vehicle will be principally garaged or parked and (ii) if the lessee is a business, the name of the business, its street address, and the name of the locality in which the leased vehicle will be principally garaged or parked. The Department shall also make this information available to the commissioner of the revenue or other assessing officer of the locality in which the leased vehicle is to be principally garaged or parked. Nothing in this section shall permit the registration of all-terrain vehicles or off-road motorcycles titled pursuant to this title.

Code 1950, § 46-87; 1958, c. 541, § 46.1-91; 1989, c. 727; 1996, c. 761 ; 2006, c. 896 ; 2012, c. 135 .
Va. Code Ann. § 46.2-495 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 19 / Section 46.2-495
Advisory letters
Status: in_force

Whenever the driving record of any person who is eighteen years old or older shows an accumulation of at least eight demerit points based on convictions for traffic offenses committed within a period of twelve consecutive months, or at least twelve demerit points based on convictions for traffic offenses committed within a period of twenty-four consecutive months, respectively, the Commissioner may mail, by first-class mail, to the last known address of the person an advisory letter listing his convictions and the demerit points assigned thereto, including his safe driving points, if any, and furnish any other information deemed appropriate and applicable to the rehabilitation of the person, for the purpose of preventing subsequent traffic offenses.

The Department's failure to mail, or the citizen's nonreceipt of the advisory letter shall not be grounds for waiving any other provision of this article.

1974, c. 453, § 46.1-514.9; 1984, c. 673; 1989, c. 727; 1995, c. 672 ; 1998, cc. 124 , 792 .
Va. Code Ann. § 46.2-1224 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12 / Article 3 / Section 46.2-1224
County ordinances prohibiting certain parking in streets and highways
Status: in_force

A. The governing body of any county may, by ordinance, prohibit any person from parking any motor vehicle, trailer, or semitrailer on or adjacent to the highways in the county when such person parks any such motor vehicle, trailer, or semitrailer for commercial purposes. The provisions of any such ordinance shall not apply to motor vehicle carriers when picking up or discharging passengers.

B. The governing bodies of (i) counties with populations greater than 500,000 and of towns located therein and (ii) counties with populations of at least 210,000 but less than 217,000 may, by ordinance, prohibit any person from parking any commercial vehicle, as defined in this section, on the highways within their respective jurisdiction in areas zoned for residential use. For the purposes of this section, the term "commercial vehicle" may include: (i) any solid waste collection vehicle, tractor truck or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, tow truck with a registered gross weight of 12,000 pounds or more, and any heavy construction equipment, whether located on the highway or on a truck, trailer, or semitrailer; (ii) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold; (iii) any trailer or semitrailer used for transporting landscaping or lawn-care equipment whether or not such trailer or semitrailer is attached to another vehicle; (iv) any vehicle licensed by the Commonwealth for use as a common or contract carrier or as a limousine; (v) any truck more than 20 feet in length, other than commercial vehicles used by a public service company as defined in § 56-1 or by others working on its behalf, or commercial vehicles used in the provision of cable television service as defined in § 15.2-2108.2 , or commercial vehicles used in the provision of propane gas service; and (vi) any vehicle carrying commercial freight in plain view. Such ordinance shall permit, however, one resident of each single-family dwelling unit zoned for residential use to park one vehicle licensed as a taxicab or limousine on such highways, provided other vehicles are permitted to park thereon. The provisions of any such ordinance shall not apply to a commercial vehicle when picking up or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location.

C. The governing bodies of counties with populations greater than 500,000 and the governing bodies of towns within such counties' boundaries may by ordinance prohibit any person from parking any of the following vehicles on the highways within their respective jurisdictions in areas zoned for commercial or industrial use if such highways do not comply with the current geometric design standards of the Virginia Department of Transportation Road Design Manual or Subdivision Street Requirements that would apply had the highways been constructed at the time of adoption of such ordinance: (i) any solid waste collection vehicle, tractor truck, or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, tow truck with a registered gross weight of 12,000 pounds or more, and any heavy construction equipment, whether located on the highway or on a truck, trailer, or semitrailer; (ii) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold; or (iii) any trailer or semitrailer used for transporting landscaping or lawn care equipment whether or not such trailer or semitrailer is attached to another vehicle. The provisions of any such ordinance shall not apply to any commercial vehicle when picking up or discharging passengers or when temporarily parked pursuant to the delivery of goods or the performance of work or service at a particular location.

Any violation of the provisions of any such ordinance shall be a traffic infraction.

Code 1950, § 46-259.2; 1952, c. 602; 1958, cc. 10, 541, § 46.1-254; 1989, c. 727; 1996, c. 770 ; 1997, c. 19 ; 1998, cc. 391 , 403 , 424 ; 2005, c. 293 ; 2006, cc. 874 , 891 ; 2009, c. 183 .
Va. Code Ann. § 46.2-877 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 8 / Section 46.2-877
Minimum speed limits
Status: in_force

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

Whenever the Commissioner of Highways or local authorities within their respective jurisdictions determine on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commissioner or such local authority may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727.
Va. Code Ann. § 46.2-1703 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 17 / Article 1 / Section 46.2-1703
Authority to promulgate regulations
Status: in_force

The Commissioner may promulgate regulations necessary to (i) enforce the provisions of this chapter, (ii) provide adequate training for students, (iii) protect student and public safety, and (iv) carry out the other provisions of this chapter. These regulations may include curriculum requirements, contractual arrangements with students, obligations to students, facilities and equipment, qualifications and other requirements for instructors, driver training school owner or manager requirements, surety bond requirements, and financial stability of schools.

1990, c. 466; 1991, c. 214; 2004, c. 587 ; 2025, c. 79 .
Va. Code Ann. § 46.2-434 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 14 / Section 46.2-434
Conviction of or judgment against resident in another jurisdiction
Status: in_force

The Commissioner shall suspend or revoke the license and registration certificate and plates of any resident of the Commonwealth upon receiving notice of his conviction, in a court of competent jurisdiction of the Commonwealth, any other state of the United States, the United States, Canada or its provinces or any territorial subdivision of such state or country, of an offense therein which, if committed in the Commonwealth, would be grounds for the suspension or revocation of the license granted to him or registration of any motor vehicle registered in his name. No suspension or revocation under this subsection shall continue for a longer period than it would have, had the offense been committed in the Commonwealth, provided the person gives proof of his financial responsibility in the future for the period provided in § 46.2-412 .

The Commissioner shall take like action upon receipt of notice that a resident of the Commonwealth has failed, for a period of thirty days, to satisfy any final judgment in amount and upon a cause of action as stated herein, rendered against him in a court of competent jurisdiction of any other state of the United States, the United States, Canada or its provinces, or any territorial subdivision of such state or country.

Code 1950, § 46-454; 1950, p. 888; 1958, c. 541, § 46.1-466; 1988, c. 860; 1989, c. 727; 1992, c. 109; 1997, c. 486 .
Va. Code Ann. § 46.2-908.1:1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 12 / Section 46.2-908.1:1
Personal delivery devices
Status: in_force

A. A personal delivery device is authorized to operate on any sidewalk or crosswalk located in any county, city, or town in the Commonwealth. If a sidewalk or crosswalk is not accessible or available, a personal delivery device is authorized to operate on the side of any roadway in the Commonwealth, provided that the roadway has a speed limit of 25 miles per hour or less and the personal delivery device does not unreasonably interfere with motor vehicles or traffic. A locality may not prohibit the use of a personal delivery device on a roadway under its jurisdiction as set forth in this subsection, but may by ordinance adopt additional requirements designed to maintain safety for such roadway operation. The Commonwealth Transportation Board may not prohibit the use of a personal delivery device on a roadway under its jurisdiction as set forth in this subsection but may by regulation adopt additional requirements designed to maintain safety for such roadway operation.

B. A personal delivery device shall:

1. Not block any public rights-of-way;

2. Obey all traffic and pedestrian control devices and signs;

3. Operate at a speed that does not exceed 10 miles per hour on sidewalks and crosswalks;

4. Include a unique identifying device number;

5. Include a means of identifying the personal delivery device operator that is in a position and of such a size to be clearly visible; and

6. Be equipped with a braking system that, when active or engaged, will enable such personal delivery device to come to a controlled stop.

C. Any personal delivery device transporting hazardous materials shall comply with the federal Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.) and any corresponding federal regulations. For purposes of this section, hazardous materials include ammunition.

D. Subject to the requirements of this section, a personal delivery device operating on a sidewalk or crosswalk shall have all the rights and responsibilities applicable to a pedestrian under the same circumstance.

E. A personal delivery device operator shall maintain insurance that provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under a personal delivery device operator's control.

F. Any entity or person who uses a personal delivery device to engage in criminal activity is criminally liable for such activity.

2017, cc. 251 , 788 ; 2020, c. 1269 .
Va. Code Ann. § 46.2-907 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 12 / Section 46.2-907
Overtaking and passing vehicles
Status: in_force

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped may overtake and pass another vehicle on either the left or right side, staying in the same lane as the overtaken vehicle, or changing to a different lane, or riding off the roadway as necessary to pass with safety.

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped may overtake and pass another vehicle only under conditions that permit the movement to be made with safety.

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped shall not travel between two lanes of traffic moving in the same direction, except where one lane is a separate turn lane or a mandatory turn lane.

Except as otherwise provided in this section, a person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped shall comply with all rules applicable to the driver of a motor vehicle when overtaking and passing.

1981, c. 585, § 46.1-229.2:1; 1989, c. 727; 2001, c. 834 ; 2002, c. 254 ; 2006, cc. 529 , 538 ; 2013, c. 783 .
Va. Code Ann. § 46.2-1412 — Virginia Code / Title 46.2 / Subtitle III / Chapter 14.1 / Section 46.2-1412
Insurable interest
Status: in_force

A. Notwithstanding any provision of law to the contrary, a peer-to-peer vehicle sharing platform shall have an insurable interest in a shared vehicle during the vehicle sharing period.

B. A peer-to-peer vehicle sharing platform may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:

1. Liabilities assumed by the peer-to-peer vehicle sharing platform under a vehicle sharing platform agreement;

2. Any liability of the shared vehicle owner;

3. Damage or loss to the shared vehicle; or

4. Any liability of the shared vehicle driver.

2020, c. 1266 .
Va. Code Ann. § 46.2-833.2 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 3 / Section 46.2-833.2
Bicycle signals
Status: in_force

A. Notwithstanding the provisions of subsection A of § 46.2-833 and § 46.2-904 , any person operating a bicycle or other device lawfully permitted in a bicycle lane or on a shared-use path in or approaching an intersection with a bicycle signal, shall obey such bicycle signal.

B. The following meanings shall be given to bicycle signals:

1. A steady green bicycle indication means that a person is permitted to enter the intersection and may move in the direction of the signal, unless otherwise directed by another traffic control device, and remain in motion as long as the steady green bicycle signal is given, except that such person shall yield to other vehicles and pedestrians lawfully within the intersection.

2. A steady amber bicycle indication means that a change is about to be made in the direction of traffic. When the steady amber bicycle signal is shown, a person who has not entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but a person who has already entered the intersection shall continue to move in the appropriate direction of travel until the intersection has been cleared.

3. A steady red bicycle indication means that a person shall stop and remain stopped as long as the steady red bicycle signal is shown. Except where a traffic control device is placed prohibiting turns on a steady red bicycle signal, a person facing a steady red bicycle signal, after coming to a full stop, may cautiously enter the intersection if it is reasonably safe to make a right turn.

4. A flashing amber bicycle indication means that a person is permitted to cautiously enter the intersection or move past such signal with reasonable care, except that such person shall yield to other vehicles and pedestrians lawfully within the intersection.

5. A flashing red bicycle indication means that a person shall stop before entering the intersection. Such person may then proceed through the intersection in the direction of the signal, unless otherwise directed by another traffic control device, except that such person shall yield to other vehicles and pedestrians lawfully within the intersection.

C. If the traffic lights controlling an intersection, including bicycle signals, are out of service due to a power failure or other event that prevents the giving of signals by the traffic lights, a person shall proceed as provided in subsection C of § 46.2-833 .

D. Violation of any provision of this section shall constitute a traffic infraction punishable by a fine of no more than $350.

2026, c. 223 .
Va. Code Ann. § 46.2-749.32 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.32
Repealed
Status: repealed

Repealed by Acts 2004, c. 717 .
Va. Code Ann. § 46.2-1153 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 19 / Section 46.2-1153
Permissible lengths of combination vehicles being towed in emergencies
Status: in_force

In an emergency as provided in § 46.2-1149 , the towing of disabled vehicles which cannot be separated for safety, physical, or mechanical reasons and which exceed length limits established in Article 16 (§ 46.2-1112 et seq.) of this chapter, shall be permissible for the purpose of towing any such vehicle to the nearest facility which can make the necessary repairs but not more than fifty miles from the point such vehicle was disabled.

Code 1950, §§ 46-328, 46-331; 1950, p. 665; 1952, c. 342; 1956, cc. 476, 483; 1958, c. 541, §§ 46.1-330, 46.1-335; 1962, cc. 113, 575; 1964, c. 286; 1966, cc. 59, 373; 1972, c. 446; 1974, cc. 580, 664; 1975, c. 104; 1978, c. 254; 1983, c. 515; 1985, c. 426; 1986, cc. 72, 417; 1989, c. 727.
Va. Code Ann. § 46.2-2069 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 4 / Section 46.2-2069
Application; requirements
Status: in_force

An applicant for a permit issued pursuant to this article shall furnish, at the time the application is made, a statement in writing signed by the applicant (i) setting forth the names and locations of the factories, plants, offices or other places of like nature to and from which the applicant proposes to operate and (ii) stating that such applicant will transport only bona fide employees of such factories, plants, offices or like places to and from work.

2001, c. 596 .
Va. Code Ann. § 46.2-1581 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 9 / Section 46.2-1581
Regulated advertising practices
Status: in_force

For purposes of this chapter, a violation of the following regulated advertising practices shall be an unfair, deceptive, or misleading act or practice.

1. A vehicle shall not be advertised as new, either by word or implication, unless it is one which conforms to the requirements of § 46.2-1500 .

2. When advertising any vehicle which does not conform to the definition of "new" as provided in § 46.2-1500 , the fact that it is used shall be clearly and unequivocally expressed by the term "used" or by such other term as is commonly understood to mean that the vehicle is used. By way of example but not by limitation, "special purchase" by itself is not a satisfactory disclosure; however, such terms as "demonstrator" or "former leased vehicles" used alone clearly express that the vehicles are used for advertising purposes.

3. Advertisement of finance charges or other interest rates shall not be used when there is a cost to buy-down said charge or rate which is passed on, in whole or in part, to the purchaser.

4. Terms, conditions, and disclaimers shall be stated clearly and conspicuously. An asterisk or other reference symbol may be used to point to a disclaimer or other information, but shall not be used as a means of contradicting or changing the meaning of an advertised statement.

5. The expiration date of an advertised sale shall be clearly and conspicuously disclosed.

6. The term "list price," "sticker price," or "suggested retail price" and similar terms, shall be used only in reference to the manufacturer's suggested retail price for new vehicles or the dealer's own usual and customary price for used vehicles.

7. Terms such as "at cost," "below cost," "$ off cost" shall not be used in advertisements because of the difficulty in determining a dealer's actual net cost at the time of the sale. Terms such as "invoice price," "$ over invoice," may be used, provided that the invoice referred to is the manufacturer's factory invoice or a bona fide bill of sale and the invoice or bill of sale is available for customer inspection.

"Manufacturer's factory invoice" means that document supplied by the manufacturer to the dealer listing the manufacturer's charge to the dealer before any deduction for holdback, group advertising, factory incentives or rebates, or any governmental charges.

8. When the price or credit terms of a vehicle are advertised, the vehicle shall be fully identified as to year, make, and model. In addition, in advertisements placed by individual dealers and not line-make marketing groups, the advertised price or credit terms shall include all charges which the buyer must pay to the seller, except buyer-selected options, state and local fees and taxes, and manufacturer's or distributor's freight or destination charges, and a processing fee, if any. If a processing fee or freight or destination charges are not included in the advertised price, the amount of any such processing fee and freight or destination charge must be (i) clearly and conspicuously disclosed in not less than eight-point boldface type or (ii) not smaller than the largest typeface within the advertisement. If the processing fee is not included in the advertised price, the amount of the processing fee may be omitted from any advertisement in which the largest type size is less than eight-point typeface, so long as the dealer participates in a media-provided listing of processing fees and the dealer's advertisement includes an asterisk or other such notation to refer the reader to the listing of the fees.

9. Advertisements which set out a policy of matching or bettering competitors' prices shall not be used unless the terms of the offer are specific, verifiable and reasonable.

10. Advertisements of "dealer rebates" shall not be used. This does not affect advertisement of manufacturer rebates.

11. "Free," "at no cost," or other words to that effect shall not be used unless the "free" item, merchandise, or service is available without a purchase. This provision shall not apply to advertising placed by manufacturers, distributors, or line-make marketing groups.

12. "Bait" advertising, in which an advertiser may have no intention to sell at the price or terms advertised, shall not be used. By way of example, but not by limitation:

a. If a specific vehicle is advertised, the seller shall be in possession of a reasonable supply of said vehicles, and they shall be available at the advertised price. If the advertised vehicle is available only in limited numbers or only by order, that shall be stated in the advertisement. For purposes of this subdivision, the listing of a vehicle by stock number or vehicle identification number in the advertisement is one means of satisfactorily disclosing a limitation of availability.

b. Advertising a vehicle at a certain price, including "as low as" statements, but having available for sale only vehicles equipped with dealer added cost "options" which increase the selling price, above the advertised price, shall also be considered "bait" advertising.

c. If a lease payment is advertised, the fact that it is a lease arrangement shall be disclosed.

13. The term "repossessed" shall be used only to describe vehicles that have been sold, registered, titled and then taken back from a purchaser and not yet resold to an ultimate user. Advertisers offering repossessed vehicles for sale shall provide proof of repossession upon request.

14. Words such as "finance" or "loan" shall not be used in a motor vehicle advertiser's firm name or trade name, unless that person is actually engaged in the financing of motor vehicles.

15. Any advertisement which gives the impression a dealer has a special arrangement or relationship with the distributor or manufacturer, as compared to similarly situated dealers, shall not be used.

1989, c. 308, § 46.1-550.5:40; 1990, c. 84; 1991, c. 626; 1996, c. 1027 ; 1998, c. 325 ; 2008, c. 166 .
Va. Code Ann. § 46.2-1572.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7 / Section 46.2-1572.1
Ownership of service facilities
Status: in_force

A. It shall be unlawful for any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control, either directly or indirectly, any motor vehicle warranty or service facility located in the Commonwealth. Nothing in this section shall prohibit any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, from owning, operating, or controlling any warranty or service facility for warranty or service of motor vehicles owned or operated by the manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof. Nothing contained in this section shall prohibit a motor vehicle manufacturer, factory branch, distributor, or distributor branch from performing service for reasons of compliance with an order of a court of competent jurisdiction or of warranty under Chapter 17.3 (§ 59.1-207.9 et seq.) of Title 59.1.

B. Subsection A shall not apply to the following:

1. Manufacturers of refined fuels truck tanks, persons who assemble refined fuels truck tanks, or persons who exclusively manufacture or assemble school buses or school bus parts; or

2. Manufacturers of engines for trucks having a gross vehicle weight rating of more than 7,500 pounds that owned, operated, or controlled a warranty or service facility in the Commonwealth as of January 1, 2016, provided that the manufacturer:

a. Does not own, operate, or control more than five such facilities in the Commonwealth;

b. Does not otherwise manufacture, distribute, or sell motor vehicles, as defined in § 46.2-1500 ; and

c. Provides to dealers on substantially equal terms access to all support for completing repairs, including parts and assemblies, training, and technical service bulletins and other information concerning repairs, that the manufacturer provides to facilities owned, operated, or controlled by the manufacturer.

1990, c. 329; 2016, c. 427 .
Va. Code Ann. § 46.2-326.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 4 / Section 46.2-326.1
Designation of commercial driver's license skills testing examiners
Status: in_force

A. Notwithstanding the provisions of § 46.2-1702 and unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-341.4 , to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1 , the school (i) has a program length of 160 hours or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4 , are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.

The bond required by this subsection shall be in lieu of the bond required in subdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training school.

B. Licensed Class A driver training schools meeting the requirements of subsection A may apply to the Department for certification as a third party tester. Such application shall include the information required in the application in § 46.2-341.14:3 and shall include (i) evidence of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party examiner; (iii) evidence that the licensed Class A driver training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing or that the third party examiner has been licensed as an instructor, as defined in § 46.2-1700 , at a licensed Class A driver training school for a minimum of two years and has maintained such licensure in good standing; and (iv) a nonrefundable $150 application fee. Such certification shall be valid for a period of two years.

The first third party tester certification issued to a licensed Class A driver training school shall expire on the same date as such Class A driver training school's license, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party tester certification shall match that of the Class A driver training school license.

For the purposes of this subsection, "good standing" means that the instructor has not had sanctions levied against him by the Department for actions related to his role as an instructor or that the driver training school has not had sanctions levied by the Department for actions related to participation in the Class A driver training school program.

C. If the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application.

D. Licensed Class A driver training schools operating as third party testers shall:

1. Remit $50 per skills test to the Department in accordance with § 46.2-341.13 ;

2. Submit to the Department the results of each skills test administered in a form prescribed by the Department;

3. Test only individuals receiving instruction and training from that school; and

4. Not require their students to be tested at their driver training school.

E. Individuals intending to act as third party examiners for a licensed Class A driver training school that is operating as a third party tester shall meet the requirements in § 46.2-341.14:2 and submit to the Department an application that includes (i) the information in the application required by § 46.2-341.14:3 , (ii) evidence of their employment by a licensed Class A driver training school that is operating as a third party tester, and (iii) a nonrefundable $75 application fee. Such certification shall be valid for a period of two years.

The first third party examiner certification issued to an individual shall expire on the same date as the third party tester's certification, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party examiner certification shall match that of the third party tester certification.

F. The Department shall have the authority to revoke or cancel the third party tester certification of a licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-341.14:5 . A licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department pursuant to § 46.2-1705 or any other provision of law.

2019, cc. 78 , 155 ; 2023, cc. 308 , 309 .
Va. Code Ann. § 46.2-807 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-807
Path of travel at circular intersections
Status: in_force

A vehicle passing through a circular intersection shall be driven only to the right of the central island, unless otherwise directed by traffic control devices.

Code 1950, § 46-220.1; 1952, c. 671; 1958, c. 541, § 46.1-204; 1989, c. 727; 2013, cc. 128 , 400 .
Va. Code Ann. § 46.2-1222.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12 / Article 3 / Section 46.2-1222.1
Regulation or prohibition of parking of certain vehicles in certain counties and towns
Status: in_force

A. The Counties of Arlington, Fairfax, Frederick, Hanover, Stafford, and Prince William and the Towns of Blackstone, Cape Charles, Clifton, Herndon, Leesburg, Vienna, and West Point may by ordinance regulate or prohibit the parking on any public highway in such county or town of any or all of the following: (i) watercraft; (ii) boat trailers; (iii) motor homes, as defined in § 46.2-100 ; and (iv) camping trailers, as defined in § 46.2-100 .

B. In addition to commercial vehicles defined in § 46.2-1224 , any such county or town may also, by ordinance, regulate or prohibit the parking on any public highway in any residence district as defined in § 46.2-100 any or all of the following: (i) any trailer or semitrailer, regardless of whether such trailer or semitrailer is attached to another vehicle; (ii) any vehicle with three or more axles; (iii) any vehicle that has a gross vehicle weight rating of 12,000 or more pounds; (iv) any vehicle designed to transport 16 or more passengers including the driver; and (v) any vehicle of any size that is being used in the transportation of hazardous materials as defined in § 46.2-341.4 . The provisions of any such ordinance shall not apply to (i) any commercial vehicle when taking on or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location or (ii) utility generators located on trailers and being used to power network facilities during a loss of commercial power.

2000, cc. 72 , 270 ; 2001, c. 144 ; 2003, cc. 122 , 470 ; 2004, cc. 108 , 225 , 702 ; 2009, c. 535 ; 2011, c. 201 ; 2014, cc. 49 , 680 ; 2017, c. 556 ; 2019, cc. 116 , 144 ; 2020, c. 997 .
Va. Code Ann. § 46.2-1093 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 12 / Section 46.2-1093
Requirements for safety lap belts, shoulder harnesses and combinations thereof
Status: in_force

Any safety lap belt or shoulder harness or any combination of lap belt and shoulder harness installed in a vehicle shall be designed and installed in such manner as to prevent or materially reduce movement of any person using the same in the event of collision or upset of the vehicle.

The Superintendent shall establish specifications or requirements for approved type safety lap belts and shoulder harnesses or any combination of lap belt and shoulder harness, attachments, and installation, in accordance with the provisions of this section. Such specifications or requirements may be the same as those specifications or requirements for safety lap belts or shoulder harnesses or any combination of lap belt and shoulder harness established by the Civil Aeronautics Administration Technical Standard Orders or regulations established by the Society of Automotive Engineers or the standards of the federal Department of Transportation, for safety lap belts and shoulder harnesses or combination of lap belts and shoulder harnesses.

No person shall sell or offer for sale any safety lap belt, shoulder harness, or any combination of lap belt and shoulder harness or attachments thereto for use in a vehicle, unless of a type which has been approved by the Superintendent.

Code 1950, § 46-312.1; 1956, c. 36; 1958, c. 541, § 46.1-310; 1966, c. 37; 1968, c. 171; 1970, c. 20; 1989, c. 727.
Va. Code Ann. § 46.2-1077 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 10 / Section 46.2-1077
Motor vehicles not to be equipped with television within view of driver; viewing motion pictures or similar displays while driving
Status: in_force

A. No motor vehicle registered in the Commonwealth shall be equipped with, nor shall there be used therein, a television receiver when the moving images are visible to the driver while the vehicle is in motion. The operator of a motor vehicle that is not required to be registered in the Commonwealth shall not operate a television receiver that violates the provisions of this section while driving in the Commonwealth.

The prohibitions contained in this subsection shall not, however, include:

1. Electronic displays used in conjunction with vehicle navigation and mapping systems, or as part of a digital dispatch system;

2. Closed circuit video monitors designed to operate only in conjunction with dedicated video cameras and used in rear-view systems on trucks, motor homes, and other motor vehicles;

3. Television receivers or monitors used in government-owned vehicles by law-enforcement officers and employees of the Department of Transportation in the course of their official duties;

4. Visual displays used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;

5. A vehicle information display;

6. A visual display used to enhance or supplement a driver's view of vehicle occupants;

7. Television-type receiving equipment used exclusively for safety or traffic engineering information; or

8. A television receiver, video monitor, television or video screen, or any other similar means of visually displaying a moving image, if that equipment is factory-installed and has an interlock device that, when the motor vehicle operator is performing one or more of the driving tasks, disables the equipment so that such moving images are not visible to the motor vehicle operator except as a visual display described in subdivisions 1 through 7. For the purposes of this subdivision, "driving task" means all of the real-time functions required to operate a vehicle in on-road traffic, excluding the selection of destinations and waypoints, and including steering, turning, lane keeping and lane changing, accelerating, and decelerating.

B. Except for displays explicitly authorized in subsection A, no driver of any motor vehicle shall view any motion picture or similar video display while driving.

Code 1950, § 46-219.1; 1950, p. 882; 1958, c. 541, § 46.1-202; 1989, c. 727; 1994, c. 117 ; 2005, cc. 210 , 913 ; 2007, c. 110 ; 2011, c. 275 ; 2016, cc. 302 , 707 .
Va. Code Ann. § 46.2-1249 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12.1 / Section 46.2-1249
Alteration of disabled parking license plates or placards; penalty
Status: in_force

A. Any person who alters a disabled parking license plate, DV disabled parking license plate which has been issued under subsection B of § 46.2-739 , organizational removable windshield placard, permanent removable windshield placard, or temporary removable windshield placard shall be guilty of a Class 2 misdemeanor.

B. The local governing body of any county, city, or town may by ordinance incorporate this provision by reference.

1997, cc. 783 , 904 .
Va. Code Ann. § 46.2-749.78 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.78
Special license plates; United We Stand
Status: in_force

On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates whose design incorporates the flag of the United States of America and the legend: United We Stand.

2002, c. 893 ; 2006, c. 852 .
Va. Code Ann. § 46.2-1088.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 10 / Section 46.2-1088.1
Hood scoops
Status: in_force

No motor vehicle shall be operated on a public highway in the Commonwealth if any hood scoop installed thereon exceeds any of the following dimensions:

1. For any hood scoop installed on any motor vehicle manufactured for the 1990 or earlier model year: thirty-eight inches wide at its widest point, two and one-quarter inches high at its highest point measured from the junction of the dashboard and the windshield, and fifty-two and one-quarter inches long at its longest point.

2. For any hood scoop installed on any motor vehicle manufactured for the 1991 or subsequent model year: thirty-eight inches wide at its widest point, one and one-eighth inches high at its highest point measured from the junction of the dashboard and the windshield, and fifty and one-half inches long at its longest point.

1991, c. 494.
Va. Code Ann. § 46.2-1143 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 18 / Section 46.2-1143
Overweight permits for coal haulers; trucks hauling gravel, sand, asphalt, crushed stone, or liquids produced from gas or oil wells in certain counties; penalties
Status: in_force

A. The Commissioner upon written application by the owner or operator of vehicles used exclusively for hauling coal or coal byproducts from a mine or other place of production to a preparation plant, electricity-generation facility, loading dock, or railroad shall issue, without a fee, a permit authorizing those vehicles to operate with gross weights in excess of those established in § 46.2-1126 on the conditions set forth in this section.

B. Vehicles with three axles may have a maximum gross weight, when loaded, of no more than 60,000 pounds, a single axle weight of not more than 24,000 pounds and a tandem axle weight of no more than 45,000 pounds. Vehicles with four axles may have a maximum gross weight, when loaded, of no more than 70,000 pounds, a single axle weight of no more than 24,000 pounds, and a tri-axle weight of no more than 50,000 pounds. Vehicles with five axles having no less than 35 feet of axle space between extreme axles may have a maximum gross weight, when loaded, of no more than 90,000 pounds, a single axle weight of no more than 20,000 pounds, and a tandem axle weight of no more than 40,000 pounds. Vehicles with six axles may have a maximum gross weight, when loaded, of no more than 110,000 pounds, a single axle weight of no more than 24,000 pounds, a tandem axle weight of no more than 44,000 pounds, and a tri-axle weight of no more than 54,500 pounds.

C. No load of any vehicle operating under a permit issued according to this section shall rise above the top of the bed of such vehicle, not including extensions of the bed. Three-axle vehicles shall not carry loads in excess of the maximum bed size in cubic feet for such vehicle which shall be computed by a formula of 60,000 pounds minus the weight of the empty truck divided by the average weight of coal. For the purposes of this section, the average weight of coal shall be 52 pounds per cubic foot. Four-axle vehicles shall not carry loads in excess of the maximum bed size for such vehicle which shall be computed by a formula of 70,000 pounds minus the weight of the truck empty divided by the average weight of coal. Five-axle vehicles shall not carry loads in excess of the maximum bed size for such vehicle, which shall be computed by a formula of 90,000 pounds minus the weight of the truck empty divided by the average weight of coal. Six-axle vehicles shall not carry loads in excess of the maximum bed size for such vehicle, which shall be computed by a formula of 110,000 pounds minus the weight of the truck empty divided by the average weight of coal.

D. For the purposes of this section, "bed" means that part of the vehicle used to haul coal. Bed size shall be based on its interior dimensions, which may be determined by measuring the exterior of the bed, with volume expressed in cubic feet. In order to ensure compliance with this section by visual inspection, if the actual bed size of the vehicle exceeds the maximum as provided above, the owner or operator shall be required to paint a horizontal line two inches wide on the sides of the outside of the bed of the vehicle, clearly visible to indicate the uppermost limit of the maximum bed size applicable to the vehicle as provided in this section. In addition, one hole two inches high and six inches long on each side of the bed shall be cut in the center of the bed and at the top of the painted line.

E. Any vehicle in violation of this section shall subject the vehicle's owner or lessee to a penalty of $250 for a first offense, $500 for a second offense within a 12-month period, and $1,000 and revocation of the permit for a third offense within a 12-month period from the first offense.

F. If the bed of any vehicle is enlarged beyond the maximum bed size for which its permit was granted, or if the line or holes required are altered so that the vehicle exceeds the bed size for which its permit was granted, the owner or lessee shall be subject to a penalty of $1,000 for each offense and revocation of the permit. Upon revocation, a permit shall not be reissued for six months. The penalties provided in this section shall be in lieu of those imposed under § 46.2-1135 .

G. For any vehicle with a valid permit issued pursuant to the conditions required by this section, when carrying loads which do not rise above the top of the bed or the line indicating the bed's maximum size, if applicable, it shall be, in the absence of proof to the contrary, prima facie evidence that the load is within the applicable weight limits. If any vehicle is stopped by enforcement officials for carrying a load rising above the top of the bed or the line indicating the bed's maximum size, the operator of the vehicle shall be permitted to shift his load within the bed to determine whether the load can be contained in the bed without rising above its top or above the line.

H. No such permit shall be valid for the operation of any such vehicle for a distance of more than 85 miles within the Commonwealth of Virginia from the preparation plant, loading dock, or railroad.

I. In counties that impose a severance tax on gases as authorized by § 58.1-3712 or a severance license tax on coal producers as authorized by § 58.1-3741 , the Commissioner, upon written application by the owner or operator of vehicles used exclusively for hauling gravel, sand, asphalt, or crushed stone no more than 50 miles from origin to destination, shall issue a permit authorizing those vehicles to operate with the weight limits prescribed in subsection B. Nothing contained in this subsection shall authorize any extension of weight limits provided in § 46.2-1127 for operation on interstate highways. Notwithstanding the provisions of subsections E and F, any weight violation hauling sand, gravel, asphalt, or crushed stone under this subsection shall be subject to the penalties authorized by § 46.2-1135 .

The fee for a permit issued under this subsection shall be $70, to be allocated as follows: (i) $65 to the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530 , with a portion equal to the percentage of the Commonwealth's total lane miles represented by the lane miles eligible for maintenance payments pursuant to §§ 33.2-319 and 33.2-366 being redistributed on the basis of lane miles to the applicable localities pursuant to §§ 33.2-319 and 33.2-366 , to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $5 administrative fee to the Department.

J. In counties that impose a severance tax on gases as authorized by § 58.1-3712 or a severance license tax on coal producers as authorized by § 58.1-3741 , the weight limits prescribed in subsection B shall also apply to motor vehicles hauling liquids produced from a gas or oil well and water used for drilling and completion of a gas or oil well no more than 50 miles from origin to destination. Nothing contained in this subsection shall authorize any extension of weight limits provided in § 46.2-1127 for operation on interstate highways. Notwithstanding the provisions of subsections E and F, any weight violation involving hauling liquids produced from a gas or oil well and water used for drilling and completion of a gas or oil well under this subsection shall be subject to the penalties authorized by § 46.2-1135 .

1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36 , 87 ; 1999, c. 915 ; 2001, c. 417 ; 2002, c. 264 ; 2003, cc. 314 , 315 ; 2005, c. 556 ; 2007, c. 523 ; 2008, c. 716 ; 2009, c. 188 ; 2010, c. 361 ; 2011, c. 131 ; 2012, cc. 443 , 569 ; 2013, cc. 305 , 618 ; 2017, c. 550 ; 2026, c. 1100 .
Va. Code Ann. § 46.2-833.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 3 / Section 46.2-833.1
Evasion of traffic control devices
Status: in_force

It shall be unlawful for the driver of any motor vehicle to drive off the roadway and onto or across any public or private property in order to evade any stop sign, yield sign, traffic light, or other traffic control device.

1993, c. 117.
Va. Code Ann. § 46.2-800.3 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-800.3
Driving in flooded areas prohibited
Status: in_force

The governing body of any locality may by ordinance prohibit any person from operating a motor vehicle or watercraft on a flooded highway, street, alley, or parking lot, regardless of whether such highway, street, alley, or parking lot is publicly or privately owned in such a manner as to increase the level of floodwaters to a level that causes or could reasonably be expected to cause damage to any real or personal property.

Such ordinance shall not apply to any law-enforcement officer, firefighter, or emergency medical services personnel engaged in the performance of his duties nor to the operator of any vehicle owned or controlled by the Department of Transportation or a public utility company as defined in § 56-265.1 . Any locality adopting such an ordinance shall provide for adequate notice, including signs that, at a minimum, warn operators of motor vehicles and watercraft of the prohibition and penalties.

A violation of such ordinance shall constitute a Class 4 misdemeanor.

2016, c. 249 .
Va. Code Ann. § 46.2-216.1 — Virginia Code / Title 46.2 / Subtitle I / Chapter 2 / Article 1 / Section 46.2-216.1
Electronic filings or submissions to Department; provision of electronic documents by Department
Status: in_force

A. Whenever this title or Title 58.1 provides that applications, certificates, fees, letters of credit, notices, penalties, records, reports, surety bonds, tariffs, taxes, time schedules, or any other documents or payments be filed or submitted to the Department in written form or otherwise, the Commissioner may, after providing 12-months' written notification to impacted applicants, licensees, or any other person or entity, require that all or certain applicants, licensees, or any other person or entity engaged in business with the Department, make such filings or submissions electronically in a format prescribed by the Commissioner. Any such requirement shall not apply to an individual application for a credential issued under Chapter 3 (§ 46.2-300 et seq.), or the titling or registration of 12 or fewer vehicles during a period of one year. The Commissioner shall develop a method to ensure that the electronic filing is received and stored accurately and that it is readily available to satisfy the requirements of the statutes that call for a written document. Notwithstanding the provisions of this section, the Commissioner may accept, in lieu of paper documents, a filing or submission made by electronic means for any document not required to be filed or submitted electronically pursuant to the provisions of this title or Title 58.1.

B. Whenever this title or Title 58.1 provides that a written certificate or other document is to be delivered to an owner, registrant, licensee, lien holder, or any other person or entity by the Department or the Commissioner, the Commissioner may provide the written certificate or other document by electronic means. The electronic document may consist of all of the information included in the paper certificate or document or it may be an abstract or listing of the information held in electronic form by the Department. Whenever a certificate or other document is provided by electronic means, the Department will not be required to produce a written certificate or document until requested to do so by the owner, registrant, licensee, lien holder, or other party.

C. The Commissioner is authorized to establish, where feasible and cost efficient, contracts with public-private partnerships with commercial operations to provide for simplification and streamlining of services to citizens through electronic means. Such electronic services shall include (i) an electronic lien and titling program, (ii) an online dealer program, and (iii) a print-on-demand license plate program.

1. Notwithstanding the provisions of subsection A of § 46.2-208 , to conduct customer-initiated transactions through electronic means the Commissioner may provide a customer's personal, driver, or vehicle information relating to the operation or theft of a motor vehicle or to public safety to the following entities: (i) lending institutions; (ii) motor vehicle dealers; or (iii) third-party vendors that enter into contracts with the Department. Pursuant to subsection A, the Commissioner may require such entities engaged in business with the Department to submit electronic filings using the third-party vendors that have contracts with the Department. Customer information obtained by such entities conducting customer-initiated transactions, including third-party vendors that enter into contracts with the Department, is subject to the restrictions upon use and dissemination imposed by (a) the federal Drivers Privacy Protection Act at 18 U.S.C. § 2721 et seq., (b) the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) and §§ 46.2-208 and 58.1-3 , and (c) any rules, regulations, or guidelines adopted by the Department with regard to disclosure or dissemination of any information obtained from the Department.

2. The Department may impose a reasonable fee in accordance with fair market prices on such entities, including third-party vendors that enter into contracts with the Department, for customer-initiated transactions conducted through electronic means. Such fees shall be used to defray the costs of the transaction to the Department. Any transaction fees imposed and collected by the Department shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

1991, c. 115; 2009, c. 419 ; 2018, c. 361 ; 2021, Sp. Sess. I, cc. 421 , 544 .
Va. Code Ann. § 46.2-1038 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 3 / Section 46.2-1038
When turn signals required; exceptions
Status: in_force

A. Any motor vehicle, trailer, or semitrailer which is so constructed or carries a load in such a manner as to prevent a hand and arm signal required in § 46.2-849 from being visible both to the front and rear of such motor vehicle, trailer, or semitrailer or any vehicle the driver of which is incapable of giving the required hand and arm signals, shall be equipped with electrical turn signals which meet the requirements of this title and are of a type that has been approved by the Superintendent. A tractor truck, however, need not be equipped with electrical turn signals on the rear if it is equipped with double faced signal lights mounted on the front fenders or on the sides near the front of the vehicle clearly visible to the rear.

B. It shall be unlawful for any person to drive on any highway a motor vehicle registered in the Commonwealth and manufactured or assembled after January 1, 1955, unless such vehicle is equipped with such turn signals on both front and rear.

C. Any such turn signal may be used in lieu of the hand and arm signal required by § 46.2-849 .

D. Subsections A and B of this section shall not apply to any motorcycle. The provisions of this section shall not apply to motor vehicles, trailers, or semitrailers used for agricultural or horticultural purposes and exempted from registration under Article 6 (§ 46.2-662 et seq.) of Chapter 6 of this title.

Code 1950, § 46-302; 1954, c. 44; 1958, c. 541, § 46.1-298; 1962, c. 255; 1974, c. 217; 1989, c. 727.
Va. Code Ann. § 46.2-749.111 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.111
Special license plates for bicycle enthusiasts
Status: in_force

On receipt of an application therefor, the Commissioner shall issue special license plates to bicycle enthusiasts.

2004, c. 984 .
Va. Code Ann. § 46.2-395 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 12 / Section 46.2-395
Repealed
Status: repealed

Repealed by Acts 2020, cc. 964 and 965 , cl. 2.
Va. Code Ann. § 46.2-749.116 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.116
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-1559 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 6 / Section 46.2-1559
Records to be kept by dealers; inspection
Status: in_force

Every dealer who has applied for temporary license plates shall maintain a permanent record of (i) all temporary license plates delivered to him, (ii) all temporary license plates issued by him, and (iii) any other information pertaining to the receipt or the issuance of temporary license plates which may be required by the Department. Each record shall be kept for at least one year from the date of entry. Every dealer shall allow full access to these records during regular business hours to authorized representatives of the Department and to law-enforcement officers.

1988, c. 865, § 46.1-550.5:17; 1989, c. 727.
Va. Code Ann. § 46.2-1016 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 3 / Section 46.2-1016
Lights on other vehicles; reflectors
Status: in_force

All vehicles, including animal-drawn vehicles, or other mobile equipment not otherwise in this article required to be equipped with specified lights shall carry at least one or more white lights to the front and a red light to the rear visible in clear weather from a distance of not less than 500 feet to the front and rear of such vehicles. Such lights may be battery-operated.

In lieu of or in addition to the lights, a reflector of a type, size, and color approved by the Superintendent may be permanently affixed to the rear and front of any vehicle described in this section.

Code 1950, §§ 46-269, 46-270; 1952, c. 652; 1958, c. 541, § 46.1-264; 1989, c. 727; 2023, c. 324 .
Va. Code Ann. § 46.2-320 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 3 / Section 46.2-320
Other grounds for refusal or suspension
Status: in_force

The Department may refuse to grant an application for a driver's license in any of the circumstances set forth in § 46.2-608 as circumstances justifying the refusal of an application for the registration of a motor vehicle. The Department may refuse to issue or reissue a driver's license for the willful failure or refusal to pay any taxes or fees required to be collected or authorized to be collected by the Department.

Code 1950, § 46-359; 1958, c. 541, § 46.1-366; 1982, c. 147; 1984, c. 780; 1989, c. 727; 1995, c. 595 ; 1996, cc. 785 , 1013 ; 1997, cc. 473 , 794 , 857 , 898 ; 1999, c. 615 ; 2001, cc. 645 , 779 ; 2010, c. 682 ; 2011, c. 773 ; 2012, c. 829 .
Va. Code Ann. § 46.2-500 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 19 / Section 46.2-500
Driver control period
Status: in_force

Whenever an individual is placed on probation pursuant to §§ 46.2-498 , 46.2-499 or § 46.2-506 , the Commissioner shall also place the person on driver control status for a period of eighteen months following the termination of the probationary period. If the individual commits any violation during the driver control period for which points are assessed, the Commissioner shall again place the individual on probation for a period of six months and on driver control status for an additional period of eighteen months following the probationary period.

1984, c. 673, § 46.1-514.13:1; 1989, c. 727; 1995, c. 672 .
Va. Code Ann. § 46.2-2059.1 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 3 / Section 46.2-2059.1
Repealed
Status: repealed

Repealed by Acts 2017, c. 528 , cl. 2 , effective March 16, 2017.
Va. Code Ann. § 46.2-2132 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 1 / Section 46.2-2132
Violations; civil penalties
Status: in_force

The Department may impose a civil penalty not exceeding $1,000 if any person has:

1. Made any misrepresentation of a material fact to obtain proper operating credentials as required by this chapter or other requirements in this title regulating the operation of motor vehicles;

2. Failed to make any report required in this chapter;

3. Failed to pay any fee or tax properly assessed against him; or

4. Failed to comply with any provision of this chapter or lawful order, rule or regulation of the Department or any term or condition of any certificate or permit.

Any such penalty shall be imposed by order; however, no order issued pursuant to this section shall become effective until the Department has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Instead of or in addition to imposing such penalty, the Department may suspend, revoke, or cancel any permit, certificate of fitness, or registration card or identification marker issued pursuant to this title. If, in any such case, it appears that the defendant owes any fee or tax to the Commonwealth, the Department shall enter order therefor.

For the purposes of this section, each separate violation shall be subject to the civil penalty.

2001, c. 596 ; 2011, cc. 881 , 889 ; 2013, cc. 165 , 582 ; 2017, cc. 790 , 815 .
Va. Code Ann. § 46.2-2154 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 4 / Section 46.2-2154
Discontinuance of service
Status: in_force

Notwithstanding anything contained in this chapter to the contrary, no household goods carrier shall abandon or discontinue either temporarily or permanently any service established under the provisions of this chapter without permission of the Department and on such terms as the Department may prescribe.

2001, c. 596 .
Va. Code Ann. § 46.2-1202.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12 / Article 1 / Section 46.2-1202.1
Vehicle Removal Certificates
Status: in_force

The person in possession of an abandoned vehicle shall obtain from the Department in a manner prescribed by the Commissioner, a Vehicle Removal Certificate at no fee. If the Department finds no record for the vehicle, the vehicle may then be sold or transferred to a licensee or a scrap metal processor, as defined in § 46.2-1600 . Upon such sale or transfer, the completed Vehicle Removal Certificate and receipt produced pursuant to § 46.2-1202 shall be given to the licensee or scrap metal processor.

2009, c. 664 ; 2021, Sp. Sess. I, c. 374 .
Va. Code Ann. § 46.2-1179.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1179.1
Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty
Status: in_force

A. For purposes of this section:

"Clean alternative fuel" means any fuel, including methanol, ethanol, other alcohols, reformulated gasoline, diesel, natural gases, liquefied petroleum gas, hydrogen, and electricity or other power source used in a clean fuel vehicle that complies with the standards applicable to such vehicle under the federal Clean Air Act when using such fuel or other power source. In the case of a flexible fuel vehicle or dual fuel vehicle, "clean alternative fuel" means only a fuel for which the vehicle was certified when operating on clean alternative fuel.

"Fleet" means any centrally fueled fleet of ten or more motor vehicles owned or operated by a single entity. "Fleet" does not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, motor vehicles used for manufacturer product tests, law-enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.

B. The Board may adopt by regulation motor vehicle clean alternative fuel fleet standards consistent with the provisions of Part C of Title II of the federal Clean Air Act for model years beginning with the model year 1998 or the first succeeding model year for which adoption of such standards is practicable. If adoption and implementation by the Board of an equivalent air pollution reduction program is approved by the federal Environmental Protection Agency, the regulation and program authorized by this section shall not become effective. Such regulations shall contain the minimum phase-in schedule contained in § 246 (b) of Part C of Title II of the Clean Air Act. However, nothing in this section shall preclude affected fleet owners from exceeding the minimum requirements of the federal Clean Air Act. Beginning in 1995 and upon adoption of the standards by the Board, the Board shall require the fleet owned by the federal government to meet the clean alternative fuel fleet standard and phase-in schedule established by the Board. If necessary to meet the Board's standards and phase-in schedule, the Board shall require fleets owned by the federal government to convert a portion of existing fleet vehicles to the use of clean alternative fuels as defined by the federal Clean Air Act. The standards specified in this subsection shall apply only to (i) motor vehicles registered in localities designated by the federal Environmental Protection Agency, pursuant to the federal Clean Air Act, as serious, severe, or extreme air quality nonattainment areas, or as maintenance areas formerly designated serious, severe, or extreme and (ii) motor vehicles not registered in the above-mentioned localities, but having either (a) a base of operations or (b) a majority of their annual travel in one or more of those localities.

C. An owner of a covered fleet shall not use any motor vehicle or motor vehicle engine which is manufactured during or after the first model year to which the standards specified in subsection A of this section are applicable, if such vehicle or engine is registered or has its base of operations in the localities specified in subsection B of this section and has not been certified in accordance with regulations promulgated by the Board. The Board may promulgate regulations providing for reasonable exemptions consistent with the provisions of Part C of Title II of the federal Clean Air Act. Motor vehicles exempted from the provisions of this section shall forever be exempt.

D. Any person that violates the requirements of this section or any regulation adopted hereunder shall be subject to the penalties in §§ 46.2-1187 and 46.2-1187.2 . Each day of violation shall be a separate offense, and each motor vehicle shall be treated separately in assessing violations.

E. In order to limit adverse economic and administrative impacts on covered fleets operating both in Virginia and in neighboring states, the Department of Environmental Quality shall, to the maximum extent practicable, coordinate the provisions of its regulations promulgated under this section with neighboring states' statutes and regulations relating to use of clean alternative fuels by motor vehicle fleets.

F. The State Corporation Commission, as to matters within its jurisdiction, and the Department of Environmental Quality, as to other matters, may, should they deem such action necessary, promulgate regulations necessary or convenient to ensure the availability of clean alternative fuels to operators of fleets covered by the provisions of this section. The State Air Pollution Control Board may delegate to the Commissioner of Agriculture its authority under the Air Pollution Control Law of Virginia, Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1, to implement and enforce any provisions of its regulations covering the availability of clean alternative fuels. Upon receiving such delegation, the authority to implement and enforce the regulations under the Air Pollution Control Law of Virginia shall be vested solely in the Commissioner, notwithstanding any provision of law contained in Title 10.1, except as provided in this section. The State Air Pollution Control Board, in delegating its authority under this section, may make the delegation subject to any conditions it deems appropriate to ensure effective implementation of the regulations according to the policies of the State Air Pollution Control Board.

1993, cc. 234, 571; 1995, c. 141 ; 1998, cc. 401 , 421 .
Va. Code Ann. § 46.2-749.2:11 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.2:11
Repealed
Status: repealed

Repealed by Acts 2002, c. 90 , cl. 2.
Va. Code Ann. § 46.2-2099.20 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 11 / Section 46.2-2099.20
Repealed
Status: repealed

Repealed by Acts 2002, c. 861 .
Va. Code Ann. § 46.2-1701.4 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 17 / Article 1 / Section 46.2-1701.4
Reports and records of licensed computer-based driver education providers
Status: in_force

The Commissioner may require annual, periodic, or special reports from computer-based driver education providers in a manner and form approved by the Commissioner. The Commissioner may require a computer-based driver education provider to file with the Department a true copy of any contract, agreement, or arrangement between such computer-based driver education provider and any person in relation to the provisions of this chapter. The Commissioner may prescribe the forms of any accounts, records, and memoranda to be kept by computer-based driver education providers and the length of time such accounts, records, and memoranda shall be preserved.

2016, c. 437 .
Va. Code Ann. § 46.2-601 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 1 / Section 46.2-601
Appointment of Commissioner agent for service of process
Status: in_force

Each nonresident owner of a motor vehicle, trailer, or semitrailer applying for the registration thereof in the Commonwealth shall file with the application a duly executed instrument, constituting the Commissioner and his successors in office his attorney on whom all lawful process against and notice to the owner may be served in any action or legal proceeding brought as the result of the operation or use of any motor vehicle, trailer, or semitrailer registered by or for him, in the Commonwealth; and therein shall agree that any process against or notice to the owner shall have the same effect as if served on the owner within the Commonwealth. The service of the process or notice shall be made by leaving a copy of it in the office of the Commissioner with a service fee of three dollars to be taxed as a part of the costs of the suit. The Commissioner shall forthwith notify the owner of the service by letter.

Code 1950, § 46-125; 1958, c. 541, § 46.1-139; 1989, c. 727.
Va. Code Ann. § 46.2-773 — Virginia Code / Title 46.2 / Subtitle II / Chapter 7 / Section 46.2-773
(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Mileage-based user fee program
Status: in_force

A. There is hereby established a mileage-based user fee program. The program shall be a voluntary program that allows owners of vehicles subject to the highway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu of the highway use fee. No owner of a motor vehicle registered in the Commonwealth shall be required to participate in the program established pursuant to this section.

B. In any year that an owner pays the fee set forth in this section, such owner shall not be subject to the fee set forth in § 46.2-772 for the same vehicle. In no case shall the fees paid pursuant to this section during a 12-month period exceed the annual highway use fee that would have otherwise been paid.

C. The fee schedule for the mileage-based user fee program shall be calculated by dividing the amount of the highway use fee as determined pursuant to subsection B of § 46.2-772 by the average number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per mile driven.

D. The Department shall establish procedures for the collection of the fees set forth in this section. Such procedures may limit the total number of participants during the first four years of the program.

E. The Department shall offer program participants the option to participate without location tracking.

F. Information collected by the Department and any other entity pursuant to this chapter shall be limited exclusively to that information necessary for the administration of the mileage-based user fee and shall be used solely for such purpose. Information collected shall not (i) be open to the public or subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid mileage-based user fees or to the owner of a vehicle as part of the owner's challenge to the imposition of a mileage-based user fee.

2020, cc. 1230 , 1275 ; 2022, cc. 236 , 446 .
Va. Code Ann. § 46.2-1207 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12 / Article 1 / Section 46.2-1207
Certification of disposal; reimbursement of locality by Commissioner
Status: in_force

On certification by a locality on forms provided by the Department that an inoperable abandoned motor vehicle left on property within the locality has been disposed of as provided in § 46.2-1205 or that an inoperable motor vehicle has been removed from the vehicle owner's property and disposed of by the locality or its authorized agent, the Commissioner shall reimburse the locality fifty dollars for each such motor vehicle disposed of at the expense of the locality. These reimbursements shall be made from appropriations made in the general appropriations act. In the event the appropriation is insufficient to satisfy requests for reimbursement, payments shall be made in chronological order on the basis of the date on which the requests were received. No payments, however, shall be made for requests received on any date until adequate funds are available to pay all requests received on that date. The Commissioner may promulgate regulations necessary to carry out the provisions of this section. These regulations shall include the requirement of the identification number or motor number of the vehicle for which reimbursement is applied, or an acceptable reason why that number is not furnished.

No reimbursement shall be made to any locality for vehicles which it acquires from sources outside its jurisdiction nor for vehicles it receives from dealers engaged in the business of dismantling used automobiles.

1974, c. 454, § 46.1-555.9; 1976, c. 196; 1986, cc. 10, 553; 1989, c. 727; 1990, c. 207; 2006, c. 603 .
Va. Code Ann. § 46.2-749.67 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.67
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-1103 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 14 / Section 46.2-1103
Greater size, weight, and load limits permitted by interstate commerce regulations
Status: in_force

If a federal regulation of interstate commerce permits the use in interstate commerce over the highways of Virginia or any of them, of a greater size, weight, or load limit than prescribed in this title, the Board shall prescribe a similar size, weight, and load limit for vehicles in intrastate commerce operated over the same highways.

1958, c. 541, § 46.1-344; 1989, c. 727.
Va. Code Ann. § 46.2-365 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 10 / Section 46.2-365
Plaintiff not prevented from relying upon other legal process
Status: in_force

This article shall not prevent the plaintiff in any action at law from relying upon any other process provided by law.

Code 1950, § 46-389; 1958, c. 541, § 46.1-391; 1989, c. 727.
Va. Code Ann. § 46.2-1603 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 16 / Section 46.2-1603
Obtaining salvage certificate or certificate of title for an unrecovered stolen vehicle
Status: in_force

A. The owner of any vehicle titled in the Commonwealth may declare such vehicle to be a salvage vehicle and apply to the Department and obtain a salvage certificate for that vehicle.

B. Every insurance company or its authorized agent shall apply to the Department and obtain a salvage certificate for each late model vehicle acquired by the insurance company as the result of the claims process if such vehicle is titled in the Commonwealth and is a salvage vehicle. Whenever the insurance company or its agent makes application for a salvage certificate and is unable to present a certificate of title, the Department may receive the application along with an affidavit indicating that the vehicle was acquired as the result of the claims process and describing the efforts made by the insurance company or its agent to obtain the certificate of title from the previous owner. When the Department is satisfied that the applicant is entitled to the salvage certificate, it may issue a salvage certificate to the person entitled to it. The Commissioner may charge a fee of $25 for the expense of processing an application under this subsection that is accompanied by an affidavit. Such fee shall be in addition to any other fees required. All fees collected under the provisions of this subsection shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

C. Every insurance company or its authorized agent shall apply to the Department and obtain a certificate of title for each stolen vehicle acquired by the insurance company as the result of the claims process if such vehicle is titled in the Commonwealth and has not been recovered at the time of application to the Department. For each recovered stolen vehicle, acquired as a result of the claims process, whose estimated cost of repair exceeds 75 percent of its actual cash value, the insurance company or its authorized agent shall apply to the Department and obtain a salvage certificate. The application shall be accompanied by the vehicle's title certificate and shall contain a description of the damage to the salvage vehicle and an itemized estimate of the cost of repairs up to the point where a nonrepairable certificate would be issued. Application for the certificate of title shall be made within 15 days after payment has been made to the owner, lienholder, or both. Application for the salvage certificate shall be made within 15 days after the stolen vehicle is recovered.

D. Every insurance company or its authorized agent shall notify the Department of each late model vehicle titled in the Commonwealth on which a claim for damage to the vehicle has been paid by the insurance company if (i) the estimated cost of repair exceeds 75 percent of actual cash value of the vehicle and (ii) the vehicle is to be retained by its owner. No such notification shall be required for a vehicle when a supplemental claim has been paid for the cost of repairs to the engine, transmission, or drive axle assembly if such components are replaced by components of like kind and quality.

E. Every owner of an uninsured or self-insured late model vehicle titled in the Commonwealth that sustains damage to such an extent that the estimated cost of repairs exceeds 75 percent of the actual cash value of the vehicle prior to being damaged shall similarly apply for and obtain a salvage certificate. If no estimated cost of repairs is available from an insurance company, the owner of the vehicle may provide an estimate from an independent appraisal firm. Any such estimate from an independent appraisal firm shall be verified by the Department in such a manner as may be provided for by Department regulations.

F. The fee for issuance of the salvage certificate shall be $10. If a salvage vehicle is sold after a salvage certificate has been issued, the owner of the salvage vehicle shall make proper assignment to the purchaser.

G. The Department, upon receipt of an application for a salvage certificate for a vehicle titled in the Commonwealth, or upon receipt of notification from an insurance company or its authorized agent as provided in subsection D of this section, shall cause the title of such vehicle to be cancelled and the appropriate certificate issued to the vehicle's owner.

H. All provisions of this Code applicable to a motor vehicle certificate of title shall apply, mutatis mutandis, to a salvage certificate, except that no registration or license plates shall be issued for the vehicle described in the salvage certificate. A vehicle for which a salvage certificate has been issued may be retitled for use on the highways in accordance with the provisions of § 46.2-1605 .

1979, c. 401, § 46.1-550.8; 1982, c. 671; 1989, c. 727; 1992, c. 148; 1993, c. 376; 2000, cc. 235 , 257 ; 2009, c. 171 ; 2017, c. 277 .
Va. Code Ann. § 46.2-1573.28 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7.4 / Section 46.2-1573.28
Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of motorcycles, parts, and accessories
Status: in_force

It shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or their representatives:

1. To coerce or attempt to coerce any dealer to accept delivery of any motorcycle or motorcycles, parts or accessories therefor, or any other commodities that have not been ordered by the dealer.

2. To coerce or attempt to coerce any dealer to enter into an agreement with the manufacturer, factory branch, distributor, or distributor branch, or representative thereof, or do any other act unfair to the dealer, by threatening to cancel any franchise existing between the manufacturer, factory branch, distributor, distributor branch, or representative thereof and the dealer.

3. To coerce or attempt to coerce any dealer to join, contribute to, or affiliate with any advertising association.

4. To prevent or refuse to approve the sale or transfer of the ownership of a dealership by the sale of the business, stock transfer, or otherwise, or the transfer, sale, or assignment of a dealer franchise, or a change in the executive management or principal operator of the dealership, unless the franchisor provides written notice to the dealer of its objection and the reasons therefor at least 30 days prior to the proposed effective date of the transfer, sale, assignment, or change. No such objection shall be effective to prevent the sale, transfer, assignment, or change if the Commissioner has determined, if requested in writing by the dealer within 30 days after receipt of an objection to the proposed sale, transfer, or change, and after a hearing on the matter, that the failure to permit or honor the sale, transfer, assignment, or change is unreasonable under the circumstances. No franchise may be sold, assigned, or transferred unless (i) the franchisor has been given at least 90 days' prior written notice by the dealer as to the identity, financial ability, and qualifications of the proposed transferee and (ii) the sale or transfer of the franchise and business will not involve, without the franchisor's consent, a relocation of the business.

5. To grant an additional franchise for a particular line-make of motorcycle in a relevant market area in which a dealer or dealers in that line-make are already located unless the franchisor has first advised in writing, by certified mail, return receipt requested, all other dealers in the line-make in the relevant market area. No such additional franchise may be established at the proposed site unless the Commissioner has determined, if requested by a dealer of the same line-make in the relevant market area within 30 days after receipt of the franchisor's notice of intention to establish the additional franchise, and after a hearing on the matter, that there is reasonable evidence that after the grant of the new franchise, the market will support all of the dealers in that line-make in the relevant market area. Establishing a franchised dealer in a relevant market area to replace a franchised dealer that has not been in operation for more than two years shall constitute the establishment of a new franchise subject to the terms of this subdivision. The two-year period for replacing a franchised dealer shall begin on the day the franchise was terminated or, if a termination hearing was held, on the day the franchisor was legally permitted finally to terminate the franchise. This subdivision shall not apply to (i) the relocation of an existing dealer within that dealer's relevant market area if the relocation site is to be more than 10 miles distant from any other dealer for the same line-make; (ii) the relocation of an existing dealer within that dealer's relevant market area if the relocation site is to be more distant than the existing site from all other dealers of the same line-make in that relevant market area; or (iii) the relocation of an existing new motorcycle dealer within two miles of the existing site of the relocating dealer.

6. Except as otherwise provided in this subdivision and notwithstanding the terms of any franchise, to terminate, cancel, or refuse to renew the franchise of any dealer without good cause and unless (i) the dealer and the Commissioner have received written notice of the franchisor's intentions at least 60 days prior to the effective date of such termination, cancellation, or the expiration date of the franchise, setting forth the specific grounds for the action, and (ii) the Commissioner has determined, if requested in writing by the dealer within the 60-day period, and after a hearing on the matter, that there is good cause for the termination, cancellation, or nonrenewal of the franchise. In any case where a petition is made to the Commissioner for a determination as to good cause for the termination, cancellation, or nonrenewal of a franchise, the franchise in question shall continue in effect pending the Commissioner's decision or, if that decision is appealed to the circuit court, pending the decision of the circuit court. In any case in which a franchisor neither advises a dealer that it does not intend to renew a franchise nor takes any action to renew a franchise beyond its expiration date, the franchise in question shall continue in effect on the terms last agreed to by the parties. Notwithstanding the other provisions of this subdivision, notice of termination, cancellation, or nonrenewal may be provided to a dealer by a franchisor not less than 15 days prior to the effective date of such termination, cancellation, or nonrenewal when the grounds for such action are any of the following:

a. Insolvency of the franchised motorcycle dealer or filing of any petition by or against the franchised motorcycle dealer, under any bankruptcy or receivership law, leading to liquidation or that is intended to lead to liquidation of the franchisee's business;

b. Failure of the franchised motorcycle dealer to conduct its customary sales and service operations during its posted business hours for seven consecutive business days, except where the failure results from acts of God or circumstances beyond the direct control of the franchised motorcycle dealer;

c. Revocation of any license that the franchised motorcycle dealer is required to have to operate a dealership; or

d. Conviction of the dealer or any principal of the dealer of a felony.

The change or discontinuance of a marketing or distribution system of a particular line-make product by a manufacturer or distributor, while the name identification of the product is continued in substantial form by the same or different manufacturer or distributor, may be considered to be a franchise termination, cancellation, or nonrenewal. The provisions of this paragraph shall apply to changes and discontinuances made after January 1, 1989, but they shall not be considered by any court in any case in which such a change or discontinuance occurring prior to that date has been challenged as constituting a termination, cancellation, or nonrenewal.

7. To fail to provide continued parts and service support to a dealer that holds a franchise in a discontinued line-make for at least five years from the date of such discontinuance. This requirement shall not apply to a line-make that was discontinued prior to January 1, 1989.

8. To fail to allow a dealer the right at any time to designate a member of his family as a successor to the dealership in the event of the death or incapacity of the dealer. It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of a deceased or incapacitated dealer if the franchisor has not provided to the member of the family previously designated by the dealer as his successor written notice of its objections to the succession and of such person's right to seek a hearing on the matter before the Commissioner pursuant to this article, and the Commissioner determines, if requested in writing by such member of the family within 30 days of receipt of such notice from the franchisor, and after a hearing on the matter before the Commissioner pursuant to this article, that the failure to permit or honor the succession is unreasonable under the circumstances. No member of the family may succeed to a franchise unless (i) the franchisor has been given written notice as to the identity, financial ability, and qualifications of the member of the family in question and (ii) the succession to the franchise will not involve, without the franchisor's consent, a relocation of the business.

9. To fail to ship monthly to any dealer, if ordered by the dealer, the number of new motorcycles of each make, series, and model needed by the dealer to receive a percentage of total new motorcycle sales of each make, series, and model equitably related to the total new motorcycle production or importation currently being achieved nationally by each make, series, and model covered under the franchise. Upon the written request of any dealer holding its sales or sales and service franchise, the manufacturer or distributor shall disclose to the dealer in writing the basis upon which new motorcycles are allocated, scheduled, and delivered to the dealers of the same line-make. If allocation is at issue in a request for a hearing, the dealer may demand the Commissioner to direct that the manufacturer or distributor provide to the dealer, within 30 days of such demand, all records of sales and all records of distribution of all motorcycles to the same line-make dealers who compete with the dealer requesting the hearing.

10. To require or otherwise coerce a dealer to underutilize the dealer's facilities.

11. To include in any franchise with a motorcycle dealer terms that are contrary to, prohibited by, or otherwise inconsistent with the requirements of this chapter.

12. To require under any franchise agreement a motorcycle dealer to pay the attorney fees of the manufacturer or distributor related to hearings and appeals brought under this article.

13. To fail to include in any franchise with a motorcycle dealer the following language: "If any provision herein contravenes the laws or regulations of any state or other jurisdiction wherein this agreement is to be performed, or denies access to the procedures, forums, or remedies provided for by such laws or regulations, such provision shall be deemed to be modified to conform to such laws or regulations, and all other terms and provisions shall remain in full force," or words to that effect.

14. To include in any franchise agreement with a motorcycle dealer terms that prohibit a motorcycle dealer from exercising his right to a trial by jury in any action where such right otherwise exists.

1996, cc. 1043 , 1052 , § 46.2-1993.67; 1997, c. 802 ; 2010, c. 610 ; 2015, c. 615 .
Va. Code Ann. § 46.2-1573.8 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7.2 / Section 46.2-1573.8
Warranty obligations
Status: in_force

A. Each recreational vehicle manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its recreational vehicle dealers licensed in the Commonwealth the dealer's obligations for preparation, delivery, and warranty service on its products and (ii) compensate the dealer for warranty parts, service, and diagnostic work required of the dealer by the manufacturer or distributor as follows:

1. Compensation of a dealer for warranty parts, service, and diagnostic work shall not be less than the amounts charged by the dealer for the manufacturer's or distributor's original parts, service, and diagnostic work to retail customers for nonwarranty service, parts, and diagnostic work installed or performed in the dealer's service department unless the amounts are not reasonable;

2. For purposes of determining warranty parts and service compensation, menu-priced parts or services, group discounts, special event discounts, and special event promotions shall not be considered in determining amounts charged by the dealer to retail customers;

3. Increases in dealer warranty parts and service compensation and diagnostic work compensation, pursuant to this section, shall be requested by the dealer in writing, shall be based on 100 consecutive repair orders or all repair orders over a 90-day period, whichever occurs first, and, in the case of parts, shall be stated as a percentage of markup that shall be uniformly applied to all the manufacturer's or distributor's parts;

4. In the case of warranty parts compensation, the provisions of this subsection shall be effective only for model year 1992 and succeeding model years;

5. If a manufacturer or distributor furnishes a part to a dealer at no cost for use by the dealer in performing work for which the manufacturer or distributor is required to compensate the dealer under this section, the manufacturer or distributor shall compensate the dealer for the part in the same manner as warranty parts compensation, less the wholesale costs, for such part as listed in the manufacturer's current price schedules. A manufacturer or distributor may pay the dealer a reasonable handling fee instead of the compensation otherwise required by this subsection for special high-performance complete engine assemblies in limited production recreational vehicles that constitute less than five percent of model production furnished to the dealer at no cost, if the manufacturer or distributor excludes such special high-performance complete engine assemblies in determining whether the amounts requested by the dealer for warranty compensation are consistent with the amounts that the dealer charges its other retail service customers for parts used by the dealer to perform similar work; or

6. In the case of service work, manufacturer original parts or parts otherwise specified by the manufacturer or distributor, and parts provided by a dealer either pursuant to an adjustment program as defined in § 59.1-207.34 or as otherwise requested by the manufacturer or distributor, the dealer shall be compensated in the same manner as for warranty service or parts.

This section does not apply to compensation for parts such as components, systems, fixtures, appliances, furnishings, accessories, and features that are designed, used, and maintained primarily for nonvehicular, residential purposes. Warranty audits of dealer records may be conducted by the manufacturer, factory branch, distributor, or distributor branch on a reasonable basis, and dealer claims for warranty compensation shall not be denied except for good cause, such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation shall be paid within 30 days of dealer submission or within 30 days of the end of an incentive program or rejected in writing for stated reasons. The manufacturer, factory branch, distributor, or distributor branch shall reserve the right to reasonable periodic audits to determine the validity of all such paid claims for dealer compensation. Any chargebacks for warranty parts or service compensation and service incentives shall only be for the 12-month period immediately following the date of the claim and, in the case of chargebacks for sales compensation only, for the 18-month period immediately following the date of claim. However, such limitations shall not be effective in the case of intentionally false or fraudulent claims.

B. It shall be unlawful for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to:

1. Fail to perform any of its warranty obligations, including tires, with respect to a recreational vehicle;

2. Fail to assume all responsibility for any liability resulting from structural or production defects;

3. Fail to include in written notices of factory recalls to recreational vehicle owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of defects;

4. Fail to compensate any of the recreational vehicle dealers licensed in the Commonwealth for repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch;

5. Fail to compensate its recreational vehicle dealers licensed in the Commonwealth for warranty parts, work, and service pursuant to subsection A or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the manufacturer, factory branch, distributor, or distributor branch is legally responsible or that the manufacturer, factory branch, distributor, or distributor branch imposes upon the dealer;

6. Misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the recreational vehicle are made by the dealer, either as warrantor or co-warrantor;

7. Require the dealer to make warranties to customers in any manner related to the manufacture, performance, or design of the recreational vehicle; or

8. Shift or attempt to shift to the recreational vehicle dealer, directly or indirectly, any liabilities of the manufacturer, factory branch, distributor, or distributor branch under the Virginia Motor Vehicle Warranty Enforcement Act (§ 59.1-207.9 et seq.), unless such liability results from the act or omission by the dealer.

C. Notwithstanding the terms of any franchise, it shall be unlawful for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to fail to indemnify and hold harmless its recreational vehicle dealers against any losses or damages arising out of complaints, claims, or suits relating to the manufacture, assembly, or design of recreational vehicles, parts, or accessories, or other functions by the manufacturer, factory branch, distributor, or distributor branch beyond the control of the dealer, including, without limitation, the selection by the manufacturer, factory branch, distributor, or distributor branch of parts or components for the recreational vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the manufacturer, factory branch, distributor, or distributor branch. The dealer shall notify the manufacturer of pending suits in which allegations are made that come within this subsection whenever reasonably practicable to do so. Every recreational vehicle dealer franchise issued to, amended, or renewed for recreational vehicle dealers in the Commonwealth shall be construed to incorporate provisions consistent with the requirements of this subsection.

D. On any new recreational vehicle, any uncorrected damage or any corrected damage exceeding three percent of the manufacturer's or distributor's suggested retail price as defined in 15 U.S.C. §§ 1231-1233, as measured by retail repair costs, must be disclosed to the dealer in writing prior to delivery. Factory mechanical repair and damage to glass, tires, and bumpers are excluded from the three percent rule when properly replaced by identical manufacturer's or distributor's original equipment or parts. Whenever a new recreational vehicle is damaged in transit, when the carrier or means of transportation is determined by the manufacturer or distributor, or whenever a recreational vehicle is otherwise damaged prior to delivery to the new recreational vehicle dealer, the new recreational vehicle dealer shall:

1. Notify the manufacturer or distributor of the damage within three business days from the date of delivery of the new recreational vehicle to the new recreational vehicle dealership or within the additional time specified in the franchise; and

2. Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage, unless the damage to the recreational vehicle exceeds the three percent rule, in which case the dealer may reject the vehicle within three business days.

E. If the manufacturer or distributor refuses or fails to authorize correction of such damage within 10 days after receipt of notification, or if the dealer rejects the recreational vehicle because damage exceeds the three percent rule, ownership of the new recreational vehicle shall revert to the manufacturer or distributor, and the new recreational vehicle dealer shall have no obligation, financial or otherwise, with respect to such recreational vehicle. Should either the manufacturer, distributor, or the dealer elect to correct the damage or any other damage exceeding the three percent rule, full disclosure shall be made by the dealer in writing to the buyer and an acknowledgment by the buyer is required. If there is less than three percent damage, no disclosure is required, provided that the damage has been corrected. Predelivery mechanical work shall not require a disclosure. Failure to disclose any corrected damage within the knowledge of the selling dealer to a new recreational vehicle in excess of the three percent rule shall constitute grounds for revocation of the buyer order, provided that, within 30 days of purchase, the recreational vehicle is returned to the dealer with an accompanying written notice of the grounds for revocation. In case of revocation pursuant to this section, the dealer shall accept the recreational vehicle and refund any payments made to the dealer in connection with the transaction, less a reasonable allowance for the consumer's use of the vehicle as defined in § 59.1-207.11 .

F. If there is a dispute between the manufacturer, factory branch, distributor, or distributor branch and the dealer with respect to any matter referred to in subsection A, B, or C, either party may petition the Commissioner in writing, within 30 days after either party has given written notice of the dispute to the other, for a hearing. The decision of the Commissioner shall be binding on the parties, subject to rights of judicial review and appeal as provided in the Administrative Process Act (§ 2.2-4000 et seq.). However, nothing contained in this section shall give the Commissioner any authority as to the content or interpretation of any manufacturer's or distributor's warranty.

1995, cc. 767 , 816 , § 46.2-1979; 1996, cc. 453 , 1043 , 1052 ; 2015, c. 615 .