Va. Code Ann. § 46.2-886 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 9 / Section 46.2-886
When drivers of certain vehicles to stop, look, and listen at railroad crossings; crossing tracks without shifting gears
Status: in_force

Except in cities or towns, the driver of any motor vehicle carrying passengers for hire, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any railroad track, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided in this section, and shall not proceed until he can do so safely. After stopping and upon proceeding when it is safe to do so, the driver of any vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing the crossing.

Before crossing any railroad tracks at grade, the driver of any school bus shall stop the school bus within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while stopped shall listen and look in both directions along the track for any approaching train, except as hereinafter provided in this section, and shall not proceed until he can do so safely. After stopping and upon proceeding when it is safe to do so, the driver of any school bus shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing the crossing.

Notwithstanding the foregoing provisions of this section, no stop need be made at any such crossing where a law-enforcement officer or a traffic-control signal directs traffic to proceed.

Code 1950, § 46-254.1; 1956, c. 164; 1958, c. 541, § 46.1-245; 1989, c. 727.
Va. Code Ann. § 46.2-118 — Virginia Code / Title 46.2 / Subtitle I / Chapter 1 / Section 46.2-118
Prohibited acts by tow truck drivers and towing and recovery operators
Status: in_force

A. No tow truck driver shall:

1. Use fraud or deceit in the offering or delivering of towing and recovery services;

2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;

3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;

4. Obtain any fee by fraud or misrepresentation;

5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231 , or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;

6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or

7. Drive by the scene of a wrecked or disabled vehicle for which a law-enforcement tow has been initiated by a law-enforcement agency, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle.

B. No towing and recovery operator shall:

1. Use fraud or deceit in the offering or delivering of towing and recovery services;

2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;

3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;

4. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed by the towing and recovery operator;

5. Obtain any fee by fraud or misrepresentation;

6. Advertise services in any manner that deceives, misleads, or defrauds the public;

7. Advertise or offer services under a name other than one's own name;

8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217 , but shall be required to accept personal checks;

9. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;

10. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;

11. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;

12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;

13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;

14. Employ a driver required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1;

15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231 , or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;

16. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the vehicle;

17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services;

18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-1209 ;

19. Refuse to allow, consistent with the protections detailed in the provisions of subsection E of § 46.2-644.01 , the owner of the vehicle towed, upon proof of ownership of the vehicle, to access and recover any personal items without retrieving the vehicle and without paying any fee;

20. Require an individual who appears to retrieve a vehicle towed to provide to the towing and recovery operator, in addition to payment of fees, any document not otherwise required by law before releasing the vehicle to the individual; or

21. Employ a tow truck driver who is not registered with the Department of Criminal Justice Services as required in § 46.2-116 .

C. No tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is being towed.

D. No tow truck driver or towing and recovery operator as defined in § 46.2-116 shall cause any other person to solicit or offer towing services in any manner, directly or indirectly, at the scene of any wrecked or disabled motor vehicle upon a highway, as defined in § 46.2-100 , when such wrecked or disabled motor vehicle reasonably necessitates removal by a tow truck. In addition to any penalty authorized pursuant to this title, any tow truck driver or towing and recovery operator violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.

2012, cc. 803 , 835 ; 2015, c. 217 ; 2020, c. 829 ; 2023, c. 600 ; 2024, cc. 337 , 409 , 574 ; 2026, c. 501 .
Va. Code Ann. § 46.2-1305 — Virginia Code / Title 46.2 / Subtitle III / Chapter 13 / Section 46.2-1305
Regulation of vehicular and pedestrian traffic on roadways and parking areas in residential subdivisions
Status: in_force

The governing body of any county, city, or town which has adopted ordinances under the provisions of Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2, may require as a part of such land use regulations for residential subdivisions employing roadways and parking areas not in public ownership, the posting and maintenance of signs or other appropriate markings regulating the operation and parking of motor vehicles and pedestrian traffic, and may adopt ordinances applying the regulations to existing and future residential subdivisions.

1972, c. 471, § 46.1-181.2; 1989, c. 727; 2003, c. 418 .
Va. Code Ann. § 46.2-600.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 1 / Section 46.2-600.1
Indication of special communication needs
Status: in_force

A. As used in this section, "disability that can impair communication" means a condition with symptoms that can impair the ability of a person with such condition to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems, including autism spectrum disorders as defined in § 38.2-3418.17 and hearing loss.

B. The Department shall include on the application for registration of a motor vehicle an option for the vehicle owner to, if applicable, voluntarily indicate that he or a person who will regularly occupy his vehicle has a disability that can impair communication. On any application on which the applicant indicates that a person who will regularly occupy his vehicle has such a disability, the Department may require the applicant to certify that he has the consent of the regular occupant of the vehicle to release information pursuant to subsection D.

C. Any vehicle owner with a driver's license indicator authorized pursuant to subsection I of § 46.2-342 ; special identification card indicator authorized pursuant to subsection L of § 46.2-345 or subsection H of § 46.2-345.2 ; or identification privilege card indicator authorized pursuant to subsection I of § 46.2-345.3 or whose vehicle is regularly occupied by an individual with such an indicator shall be eligible for the registration indicator. A vehicle owner with such an indicator on his credential and a vehicle owner whose vehicle is regularly occupied by an individual with a driver's license indicator or special identification card indicator may apply to the Department for a registration indicator in a manner prescribed by the Commissioner.

D. Notwithstanding the provisions of subsection A of § 46.2-208 , the Department shall provide information regarding vehicle registrants who have indicated, pursuant to subsection B or C, that they or individuals who will regularly occupy their vehicles have a disability that can impair communication with employees and agents of criminal justice agencies as defined in § 9.1-101 . The Department shall confirm the presence or absence of a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication, but it shall not provide information about the type of health condition or disability that the registrant or a person regularly occupying the vehicle of a registrant has.

E. Any vehicle owner who has a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication may have such indicator removed by requesting such removal, in writing, to the Department.

2020, c. 786 ; 2021, Sp. Sess. I, cc. 358 , 359 , 421 , 544 ; 2026, c. 328 .
Va. Code Ann. § 46.2-818.2 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-818.2
Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty
Status: in_force

A. It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.

B. The provisions of this section shall not apply to:

1. The operator of any emergency vehicle while he is engaged in the performance of his official duties;

2. An operator who is lawfully parked or stopped;

3. Any person using a handheld personal communications device to report an emergency;

4. The use of an amateur or a citizens band radio; or

5. The operator of any Department of Transportation vehicle or vehicle operated pursuant to the Department of Transportation safety service patrol program or 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 during the performance of traffic incident management services.

C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125. A court may order the satisfactory completion of a driver improvement clinic, as provided in § 46.2-505 , in lieu of a conviction only for a first violation of this section.

D. A violation of this section is a traffic infraction punishable, for a second or subsequent offense, by a fine of $250.

E. If a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.

F. For the purposes of this section:

"Emergency vehicle" means:

1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer while engaged in the performance of official duties;

2. Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation;

3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;

5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a request for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to § 46.2-1029.2 .

"Highway work zone" means a construction or maintenance area that is located on or beside a highway and is marked by appropriate warning signs with attached flashing lights or other traffic control devices indicating that work is in progress.

G. Distracted driving shall be included as a part of the driver's license knowledge examination.

2020, cc. 250 , 543 ; 2023, cc. 557 , 558 ; 2026, c. 518 .
Va. Code Ann. § 46.2-1178.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1178.1
On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges
Status: in_force

A. The emissions inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178 shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board shall promulgate regulations establishing on-road testing and on-road clean screen program requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws and regulations, random testing of motor vehicle emissions, procedures to notify owners of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board, and standards for operating the on-road clean screen program, including provisions for the suspension or revocation of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board.

B. If an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

C. Civil charges assessed pursuant to this section shall be waived by the Board if, within 30 calendar days of notice of the violation, the vehicle's owner provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178 , (ii) qualifies for an emissions inspection waiver as provided in § 46.2-1181 , or (iii) has qualified for an emissions inspection waiver as provided in § 46.2-1181 within the 12 months prior to the violation.

D. Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2 .

E. If the on-road clean screen program indicates that a motor vehicle does not exceed emissions standards adopted by the Board for on-road testing pursuant to § 46.2-1179 , then such testing may be considered proof of compliance for the purposes of § 46.2-1183 and may be considered to satisfy the requirements of § 46.2-1177 for a biennial inspection. The Board shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183 .

1995, cc. 836 , 851 ; 1996, cc. 35 , 100 ; 2002, c. 710 ; 2012, cc. 216 , 824 .
Va. Code Ann. § 46.2-922 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 15 / Section 46.2-922
Driving over fire hose
Status: in_force

It shall be unlawful, without the consent of the fire department official in command, for the driver of any vehicle to drive over any unprotected hose of a fire department laid down for use at any fire or alarm of fire.

Code 1950, § 46-242.1; 1954, c. 13; 1958, c. 541, § 46.1-228; 1989, c. 727.
Va. Code Ann. § 46.2-2099.44 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 14 / Section 46.2-2099.44
Certificate of fitness required
Status: in_force

No nonemergency medical transportation carrier, unless otherwise exempted, shall transport passengers on any highway within the Commonwealth on an intrastate basis without first having obtained from the Department a certificate of fitness authorizing such operation.

2011, cc. 881 , 889 .
Va. Code Ann. § 46.2-816 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-816
Following too closely
Status: in_force

The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

Code 1950, § 46-229; 1958, c. 541, § 46.1-213; 1983, c. 248; 1989, c. 727; 2015, cc. 31 , 188 .
Va. Code Ann. § 46.2-883 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 8 / Section 46.2-883
Signs indicating legal rate of speed and measurement of speed by radar
Status: in_force

Signs to indicate the legal rate of speed and that the speed of motor vehicles may be measured by radar or other electrical devices shall be placed at or near the State boundary on those interstate and primary highways which connect the Commonwealth to other jurisdictions at such locations as the Commissioner of Highways, in his discretion, may select. There shall be a prima facie presumption that such signs were placed at the time of the commission of the offense of exceeding the legal rate of speed, and a certificate by the Commissioner of Highways as to the placing of such signs shall be admissible in evidence to support or rebut the presumption. Such legal rate of speed and notice of measurement of speed by radar or other electrical devices may be posted on different signs and need not be posted on the same sign.

1968, c. 497, § 46.1-198.2; 1989, c. 727.
Va. Code Ann. § 46.2-1073 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 10 / Section 46.2-1073
Engine or serial number illegible, removed, or obliterated
Status: in_force

The owner of a motor vehicle, trailer, or semitrailer on which the engine, serial, or other identification number has become illegible or has been removed or obliterated shall immediately apply to the Department for a new identification number for such motor vehicle, trailer, or semitrailer. The Department, when satisfied that the applicant is the lawful owner or possessor of the motor vehicle, trailer, or semitrailer may assign a new identification number and shall require that such number, together with the name of the Commonwealth or a symbol indicating the Commonwealth and the date of such assignment, be stamped, inscribed or affixed upon such portion of the motor vehicle, trailer, or semitrailer as shall be designated by the Department. Whenever a new identification number has been assigned to and stamped, inscribed or affixed on a motor vehicle, trailer, or semitrailer as provided in this section, the Department shall insert the number on the registration card and certificate of title or salvage/nonrepairable certificate issued the motor vehicle, trailer, or semitrailer.

Code 1950, § 46-6; 1958, c. 541, § 46.1-4; 1989, c. 727; 1996, cc. 591 , 917 .
Va. Code Ann. § 46.2-895 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 11 / Section 46.2-895
Duty of certain persons accompanying driver to report accidents involving injury, death, or damage to attended property
Status: in_force

If the driver fails to stop and make the report required by § 46.2-894 , every person sixteen years of age or older in the vehicle with the driver at the time of the accident, who has knowledge of the accident, shall have a duty to ensure that a report is made within twenty-four hours from the time of the accident to the State Police or, if the accident occurs in a city or town, to the local law-enforcement agency. The report shall include his name, address, and such other information within his knowledge as the driver is required to report pursuant to § 46.2-894 .

Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727.
Va. Code Ann. § 46.2-2099.22 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 11 / Section 46.2-2099.22
Repealed
Status: repealed

Repealed by Acts 2002, c. 861 .
Va. Code Ann. § 46.2-2074 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 6 / Section 46.2-2074
Application of article
Status: in_force

Unless otherwise stated, this article shall only apply to common carriers of passengers over the highways of the Commonwealth.

2001, c. 596 .
Va. Code Ann. § 46.2-2011.30 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 1 / Section 46.2-2011.30
No property rights in highways conferred by chapter
Status: in_force

Nothing in this chapter shall confer any proprietary or property rights in the use of the public highways.

2001, c. 596 .
Va. Code Ann. § 46.2-748 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-748
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 269 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 46.2-203.1 — Virginia Code / Title 46.2 / Subtitle I / Chapter 2 / Article 1 / Section 46.2-203.1
Provision of updated addresses by persons completing forms; acknowledgment of future receipt of official notices
Status: in_force

Whenever any person completes a form for an application, certificate of title, registration card, license plate, driver's license, and any other form requisite for the purpose of this title, or whenever any person is issued a summons for a violation of the motor vehicle laws of the Commonwealth, he shall provide his current address on the form or summons. By signing the form or summons, the person acknowledges that (i) the address is correct; (ii) any official notice, including an order of suspension, will be sent by (a) prepaid first class mail to the address on the signed form with the most current date or (b) by other means of communication, including email or other electronic address, if such electronic address is provided to the Department on the signed form; and (iii) the notice shall be deemed to have been accepted by the person if sent to any such address.

1993, c. 24; 2020, cc. 701 , 964 , 965 .
Va. Code Ann. § 46.2-2174 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 5 / Section 46.2-2174
Repealed
Status: repealed

Repealed by Acts 2017, cc. 790 and 815 , cl. 2, effective January 1, 2018.
Va. Code Ann. § 46.2-716 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 9 / Section 46.2-716
How license plates fastened to vehicle; altering appearance of license plates
Status: in_force

A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned:

1. So as to prevent the plate from swinging,

2. In a position to be clearly visible, and

3. In a condition to be clearly legible.

B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible.

C. The Superintendent may make such regulations as he may deem advisable to enforce the proper mounting and securing of the license plate on the vehicle.

D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-102; 1958, c. 541, § 46.1-107; 1960, c. 119; 1986, c. 186; 1989, c. 727; 2000, c. 258 ; 2001, c. 19 ; 2006, c. 549 ; 2017, c. 670 .
Va. Code Ann. § 46.2-702.2 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 7 / Section 46.2-702.2
Fees for registration of vehicles specially equipped to accommodate persons with disabilities
Status: in_force

In determining the fee to be charged for registration of any vehicle specially equipped to be driven by or to transport persons with disabilities, the weight of the vehicle upon which such fee is based shall be the weight of the vehicle prior to the installation of such special equipment for the accommodation of persons with disabilities.

2008, c. 130 .
Va. Code Ann. § 46.2-1105 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 15 / Section 46.2-1105
Width of vehicles generally; exceptions
Status: in_force

A. No vehicle, including any load thereon, but excluding the mirror required by § 46.2-1082 and any warning device installed on a school bus pursuant to § 46.2-1090 , shall exceed a total outside width of 102 inches.

B. Notwithstanding subsection A, a travel trailer as defined in § 46.2-1500 or a motor home may exceed 102 inches if such excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle. For the purposes of this subsection, "appurtenance" includes (i) an awning and its support hardware and (ii) any appendage that is installed by the manufacturer or dealer intended to be an integral part of a motor home or travel trailer, but does not include any item that is temporarily attached to the exterior of the vehicle by the vehicle's owner for the purposes of transporting the item from one location to another.

Code 1950, § 46-326; 1950, p. 982; 1952, c. 403; 1956, c. 483; 1958, c. 541, § 46.1-328; 1960, c. 591; 1968, c. 333; 1973, c. 183; 1979, c. 70; 1983, c. 515; 1985, c. 426; 1986, c. 72; 1989, c. 727; 1994, c. 819 ; 1996, cc. 446 , 506 ; 2001, c. 151 ; 2015, c. 615 ; 2024, c. 361 .
Va. Code Ann. § 46.2-108 — Virginia Code / Title 46.2 / Subtitle I / Chapter 1 / Section 46.2-108
Records required of persons renting motor vehicles without drivers; inspections; insurance
Status: in_force

A. Every person engaged in the business of renting motor vehicles without drivers who rents any vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of the motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of the rental or in possession of the person renting and having the use of the vehicle. These records shall be public records and open to inspection by any person damaged as to his person or property by the operation of the vehicle or by law-enforcement personnel in the discharge of their duties. Any person who has been damaged as to his person or property may require a production of the written record in person or by his authorized agent or attorney.

B. It shall be unlawful for any person who rents a motor vehicle as provided in this section to fail to make or have in possession or to refuse an inspection of the record required in this section.

C. The Commissioner shall prescribe and the owner shall use the form for the keeping of the record provided in this section.

D. No person engaged in the business of renting automobiles and trucks without drivers shall rent any vehicle without a driver unless the vehicle is an insured motor vehicle as defined in § 46.2-705 . A violation of this subsection shall constitute a Class 1 misdemeanor.

Code 1950, § 46-191; 1958, c. 541, § 46.1-14; 1960, c. 141; 1972, c. 373; 1978, c. 605; 1980, c. 9; 1989, c. 727.
Va. Code Ann. § 46.2-705 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 8 / Section 46.2-705
Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:

"Motor vehicle" means a vehicle capable of self-propulsion which is either (i) required to be titled and licensed and for which a license fee is required to be paid by its owner, or (ii) owned by or assigned to a motor vehicle manufacturer, distributor, or dealer licensed in the Commonwealth. For the purposes of this article, "motor vehicle" does not include "moped" as defined in § 46.2-100 .

"Insured motor vehicle" means a motor vehicle as to which there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in § 46.2-472 , issued by an insurance carrier authorized to do business in the Commonwealth, or as to which a bond has been given or cash or securities delivered in lieu of the insurance; or as to which the owner has qualified as a self-insurer in accordance with the provisions of § 46.2-368 .

"Uninsured motor vehicle" means a motor vehicle as to which there is no such bodily injury liability insurance and property damage liability insurance, or no such bond has been given or cash or securities delivered in lieu thereof, or the owner of which has not so qualified as a self-insurer.

1958, c. 407, § 46.1-167.2; 1960, c. 188; 1982, c. 638; 1988, c. 865; 1989, c. 727; 2013, c. 783 .
Va. Code Ann. § 46.2-629 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 2 / Section 46.2-629
Odometer reading to be reported on certificate of title, application, or power of attorney
Status: in_force

A. Every owner or transferor of any motor vehicle, including a dealer, shall, at the time of transfer of ownership of any motor vehicle by him, record on the certificate of title, if one is currently issued on the vehicle in the Commonwealth, and on any application for certificate of title the reading on the odometer or similar device plus any known additional distance traveled not shown by the odometer or similar device of the motor vehicle at the time of transfer. If, however, a transferor gives his power of attorney to a dealer or other person for the purpose of assigning the transferor's interest in a motor vehicle, the transferor shall conspicuously record on the power of attorney the reading on the odometer or similar device at the time of the assignment. The owner or transferor of a motor vehicle may electronically provide, in a form and format prescribed by the Commissioner, the reading on the odometer or similar device at the time of transfer if a paper certificate of title was not issued by the Department in accordance with § 46.2-603.1 and electronic provision of odometer readings is permitted under the Federal Odometer Act (49 U.S.C. § 32701 et seq.) or any federal regulations promulgated thereunder.

B. The Department shall not issue to any transferee any new certificate of title to a motor vehicle unless subsection A has been complied with.

C. It shall be unlawful for any person knowingly to record an incorrect odometer or similar device reading plus any known additional distance not shown by the odometer or similar device on any certificate of title or application for a title, or on any power of attorney as described in subsection A.

D. Notwithstanding other provisions of this section, an owner or transferor, including a dealer, of any of the following types of motor vehicles need not disclose the vehicle's odometer reading:

1. Vehicles having gross vehicle weight ratings of more than 16,000 pounds;

2. Vehicles manufactured in or before the 2010 model year that are transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year and were previously exempt from recording an odometer reading on the certificate of title in another state, provided that the Department shall brand the titles of all such vehicles to indicate this exemption; and

3. Vehicles manufactured in or after the 2011 model year that are transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year and were previously exempt from recording an odometer reading on the certificate of title in another state, provided that the Department shall brand the titles of all such vehicles to indicate this exemption.

E. Violation of this section shall constitute a Class 1 misdemeanor.

F. The provisions of subsections A and B shall not apply to transfers under § 46.2-633 .

G. This section shall not apply to transfers or application for certificates of title of all-terrain vehicles, mopeds, or off-road motorcycles as defined in § 46.2-100 .

1972, c. 851, § 46.1-89.1; 1978, c. 294; 1986, c. 490; 1989, c. 727; 2004, c. 724 ; 2006, c. 896 ; 2007, c. 225 ; 2012, c. 650 ; 2013, c. 783 ; 2021, Sp. Sess. I, c. 431 .
Va. Code Ann. § 46.2-715 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 9 / Section 46.2-715
Display of license plates
Status: in_force

License plates assigned to a motor vehicle, other than a moped, motorcycle, autocycle, tractor truck, trailer, or semitrailer, or to persons licensed as motor vehicle dealers or transporters of unladen vehicles, shall be attached to the front and the rear of the vehicle. The license plate assigned to a moped, motorcycle, autocycle, trailer, or semitrailer shall be attached to the rear of the vehicle. The license plate assigned to a tractor truck shall be attached to the front of the vehicle. The license plates issued to licensed motor vehicle dealers and to persons licensed as transporters of unladen vehicles shall consist of one plate for each set issued and shall be attached to the rear of the vehicle to which it is assigned.

For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-101; 1954, c. 210; 1958, c. 541, § 46.1-106; 1972, c. 609; 1974, c. 150; 1989, c. 727; 2013, c. 783 ; 2014, cc. 53 , 256 ; 2017, c. 670 .
Va. Code Ann. § 46.2-341.25 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.25
Preliminary analysis of breath of commercial drivers to determine alcohol content of blood
Status: in_force

A. Any person who is reasonably suspected of a violation of § 46.2-341.24 or of having any alcohol in his blood while driving or operating a commercial motor vehicle may be required by any law-enforcement officer to provide a sample of such person's breath for a preliminary screening to determine the probable alcohol content of his blood. Such person shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such breath may be analyzed by any police officer of the Commonwealth, or of any county, city, or town, or by any member of a sheriff's department in the normal discharge of his duties.

B. The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same.

C. If the breath sample analysis indicates that there is alcohol present in the person's blood, or if the person refuses to provide a sample of his breath for a preliminary screening, such person shall then be subject to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11 .

D. The results of a breath analysis conducted pursuant to this section shall not be admitted into evidence in any prosecution under § 46.2-341.24 or 46.2-341.31 , but may be used as a basis for charging a person for a violation of the provisions of § 46.2-341.24 or 46.2-341.31 .

E. The law-enforcement officer requiring the preliminary screening test shall advise the person of his obligations under this section and of the provisions of subsection C of this section.

1989, c. 705, § 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996, cc. 154 , 952 ; 2005, cc. 868 , 881 .
Va. Code Ann. § 46.2-1415 — Virginia Code / Title 46.2 / Subtitle III / Chapter 14.1 / Section 46.2-1415
Automobile safety recalls
Status: in_force

A. When a vehicle owner registers as a shared vehicle owner on a peer-to-peer vehicle sharing platform and prior to when the shared vehicle owner makes a shared vehicle available for vehicle sharing on the peer-to-peer vehicle sharing platform, the peer-to-peer vehicle sharing platform shall:

1. Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and

2. Notify the shared vehicle owner of the requirements under subsection B.

B. 1. If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer vehicle sharing platform until the safety recall repair has been made.

2. If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is available on the peer-to-peer vehicle sharing platform, the shared vehicle owner shall remove the shared vehicle from the peer-to-peer vehicle sharing platform as soon as practicably possible after receiving the notice of the safety recall, and such vehicle shall remain off of the peer-to-peer vehicle sharing platform until the safety recall repair has been made.

3. If a shared vehicle owner receives an actual notice of a safety recall during a vehicle sharing period, such owner shall, as soon as practicably possible after receiving the notice of the safety recall, notify the peer-to-peer vehicle sharing platform about the safety recall so that the shared vehicle owner may address the safety recall repair.

2020, c. 1266 .
Va. Code Ann. § 46.2-649.2 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 3 / Section 46.2-649.2
Certain vehicles to comply with clean alternative fuel fleet standards prior to registration; penalty
Status: in_force

The Commissioner shall not register a motor vehicle subject to § 46.2-1179.1 which does not comply with the requirements of that section. Upon a determination that a motor vehicle is exempt from the requirements of § 46.2-1179.1 , it shall forever be exempt, and the exemption shall be noted on its title. Whoever, through fraud or misrepresentation, procures or attempts to procure the registration of a motor vehicle in violation of the provisions of this section shall be guilty of a Class 1 misdemeanor.

1993, cc. 234, 571.
Va. Code Ann. § 46.2-1573.18 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7.3 / Section 46.2-1573.18
Manufacturer or distributor right of first refusal
Status: in_force

Notwithstanding the terms of any franchise agreement, in the event of a proposed sale or transfer of a dealership, the manufacturer or distributor shall be permitted to exercise a right of first refusal to acquire the new trailer dealer's assets or ownership, if such sale or transfer is conditioned upon the manufacturer's or dealer's entering into a dealer agreement with the proposed new owner or transferee, only if all the following requirements are met:

1. To exercise its right of first refusal, the manufacturer or distributor must notify the dealer in writing within 45 days of its receipt of the completed proposal for the proposed sale or transfer;

2. The exercise of the right of first refusal will result in the dealer's and dealer owner's receiving the same or greater consideration as they have contracted to receive in connection with the proposed change of ownership or transfer;

3. The proposed sale or transfer of the dealership's assets does not involve the transfer or sale to a member or members of the family of one or more dealer owners, or to a qualified manager or a partnership or corporation controlled by such persons; and

4. The manufacturer or distributor agrees to pay the reasonable expenses, including attorney fees that do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients, incurred by the proposed new owner and transferee prior to the manufacturer's or distributor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed sale or transfer of the dealership or dealership assets. Notwithstanding the foregoing, no payment of such expenses and attorney fees shall be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 30 days of the dealer's receipt of the manufacturer's or distributor's written request for such an accounting. Such accounting may be requested by a manufacturer or distributor before exercising its right of first refusal.

1996, cc. 1043 , 1052 , § 46.2-1992.70; 2015, c. 615 .
Va. Code Ann. § 46.2-2138 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 1 / Section 46.2-2138
Basis for reissuance after revocation of permits or certificates; fees
Status: in_force

The Department shall not accept an application for a permit or certificate from an applicant where such credentials have been revoked pursuant to this chapter until the period of revocation imposed by the Department has passed. The Department shall process such applications under the same provisions, procedures and requirements as an original application for such permit or certificate. The Department shall issue such permit or certificate, provided that the applicant has met all the appropriate qualifications and requirements, has satisfied the grounds upon which the revocation action was taken, and has paid the appropriate application or filing fees to the Department.

2001, c. 596 ; 2017, cc. 790 , 815 .
Va. Code Ann. § 46.2-1532.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 4 / Section 46.2-1532.1
Certain disclosures required by manufacturers and distributors
Status: in_force

Motor vehicle manufacturers and distributors shall affix or cause to be affixed in a conspicuous place to every motor vehicle offered for sale as a new vehicle a statement disclosing the place of assembly or manufacture of the vehicle. For disclosures of place of assembly, the assembly plant shall be the same as that designated by the vehicle identification number.

The provisions of this section shall apply only to motor vehicles manufactured for the 1991 or subsequent model years.

1990, c. 786; 1994, c. 72 .
Va. Code Ann. § 46.2-1181 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1181
Emissions inspection; cost of repairs; waivers
Status: in_force

A. A motor vehicle shall qualify for an emissions inspection waiver in the event that such vehicle has failed an initial inspection and subsequently failed a reinspection or the vehicle's onboard diagnostic system is in a not-ready condition to be tested when presented for reinspection if the owner provides written proof that (i) at least the amount specified in this section has been spent by the owner on the maintenance and repair of the vehicle's engine and emission control system and related equipment and (ii) any emission control system or part thereof that has been removed, damaged, or rendered inoperable by any act enumerated in § 46.2-1048 has been replaced and restored to operating condition.

B. The Director shall establish and revise, as necessary, specifications and procedures for motor vehicle maintenance and repair of pollution control devices and systems.

C. For the purposes of subsection A:

1. For motor vehicles subject to basic emissions inspections under subsection A of § 46.2-1178 , cost limitations on repairs under the emissions inspection program, including parts and labor, but excluding costs of repairs covered by warranties, shall be $175 for pre-1980 model vehicles and $200 for 1980 and newer vehicles, using 2012, or a later date if allowed by federal regulations and approved by the Board, as the base year and annually adjusted by the Consumer Price Index. The Board may phase in waiver amounts.

2. For motor vehicles subject to emissions inspections under subsection C of § 46.2-1178 , the cost limitations on repairs shall be a base amount of $450 per vehicle using 1990, or a later date if allowed by federal regulations and approved by the Board, as the base year and annually adjusted by the Consumer Price Index. The Board may phase in waiver amounts.

3. Repairs credited toward this waiver must be done by a repair technician certified in accordance with § 46.2-1180 . Repairs shall include parts and labor.

D. For the purposes of subsection A, for motor vehicles subject to emissions inspections under subsection B of § 46.2-1178 , the cost limitations on repairs under the emissions inspection program, including parts and labor but excluding costs of repairs covered by warranties, shall be:

1. $75 for pre-1981 vehicles; and

2. $200 for 1981 and newer vehicles.

1980, c. 469, § 46.1-326.7; 1988, c. 806; 1989, cc. 722, 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1995, cc. 836 , 851 ; 2012, cc. 216 , 824 ; 2026, cc. 1027 , 1045 .
Va. Code Ann. § 46.2-1004 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 1 / Section 46.2-1004
Trademark or name and instructions required
Status: in_force

Each device or other equipment mentioned in § 46.2-1002 and offered for sale in the Commonwealth shall bear a trademark or name or be identified in keeping with the Superintendent's regulations and shall be accompanied by printed instructions as to the proper mounting, use, and candlepower or lumens of any bulbs to be used therewith and any particular methods of mounting or adjustments necessary to meet the requirements of this title and any regulation of the Superintendent.

Code 1950, § 46-312; 1958, c. 541, § 46.1-309; 1989, c. 727; 2020, c. 393 .
Va. Code Ann. § 46.2-1602.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 16 / Section 46.2-1602.1
Duties of insurance companies upon acquiring certain vehicles
Status: in_force

Except as otherwise provided in § 46.2-1602.3, every insurance company which acquires, as a result of the claims process, any late model vehicle titled in the Commonwealth or any recovered stolen vehicle whose estimated cost of repair exceeds 75 percent of its actual cash value shall apply to and obtain from the Department either (i) a salvage certificate or certificate of title as provided in § 46.2-1603 or (ii) a nonrepairable certificate as provided in § 46.2-1603.2 for each such vehicle. An insurance company may apply to and obtain from the Department either a salvage certificate as provided in § 46.2-1603 or a nonrepairable certificate as provided in § 46.2-1603.2 for any other vehicle which is determined to be either a salvage vehicle or a nonrepairable vehicle.

1992, c. 148; 1993, c. 376; 2000, cc. 235 , 257 ; 2023, cc. 364 , 365 .
Va. Code Ann. § 46.2-749.79 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.79
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-341.14 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.14
Testing requirements for commercial driver's license; behind-the-wheel and knowledge examinations
Status: in_force

A. The Department shall conduct an examination of every applicant for a commercial driver's license, which examination shall comply with the minimum federal standards established pursuant to the federal Commercial Motor Vehicle Safety Act. The examination shall be designed to test the vision, knowledge, and skills required for the safe operation of the class and type of commercial motor vehicle for which the applicant seeks a license.

No skills test shall be conducted by the Department for a first-time applicant for a Class A or Class B commercial driver's license, a passenger endorsement, or a school bus endorsement, or knowledge test for a first-time applicant for a hazardous materials endorsement, until (i) the Department has verified that the applicant has completed the appropriate entry-level driver training course administered by a training provider required for that skills or knowledge test, if the applicant is so required, or (ii) the applicant has certified that he is exempted from such requirement under § 46.2-341.12 .

B. An applicant's skills test shall be conducted in a vehicle that is representative of or meets the description of the class of vehicle for which the applicant seeks to be licensed. In addition, applicants who seek to be licensed to drive vehicles with air brakes, passenger-carrying vehicles, or school buses must take the skills test in a vehicle that is representative of such vehicle type. Such vehicle shall be furnished by the applicant and shall be properly licensed, inspected and insured.

C. The Commissioner may designate such persons as he deems fit, including private or governmental entities, including comprehensive community colleges in the Virginia Community College System, to administer the knowledge and skills tests required of applicants for a commercial driver's license. Any person so designated shall comply with all statutes and regulations with respect to the administration of such tests.

The Commissioner shall require all state and third party test examiners to successfully complete a formal commercial driver's license test examiner training course and examination before certifying them to administer commercial driver's license knowledge and skills tests. All state and third party test examiners shall complete a refresher training course and examination every four years to maintain their commercial driver's license test examiner certification. The refresher training course shall comply with 49 C.F.R. § 384.228. At least once every two years, the Department shall conduct covert and overt monitoring of examinations performed by state and third party commercial driver's license test examiners.

The Commissioner shall require a nationwide criminal background check of all test examiners at the time of hiring or prior to certifying them to administer commercial driver's license testing. The Commissioner shall complete a nationwide criminal background check for any state or third party test examiners who are current examiners and who have not had a nationwide criminal background check.

The Commissioner shall revoke the certification to administer commercial driver's license tests for any test examiner who (i) does not successfully complete the required refresher training every four years or (ii) does not pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.

D. Every applicant for a commercial driver's license who is required by the Commissioner to take a vision test shall either (i) appear before a license examiner of the Department of Motor Vehicles to demonstrate his visual acuity and horizontal field of vision or (ii) submit with his application a copy of the vision examination report that was used as the basis for such examination made within 90 days of the application date by an ophthalmologist or optometrist. The Commissioner may, by regulation, determine whether any other visual tests will satisfy the requirements of this title for commercial drivers.

E. No person who fails the behind-the-wheel examination for a commercial driver's license administered by the Department three times shall be permitted to take such examination a fourth time until he successfully completes, subsequent to the third examination failure, the in-vehicle component of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comprehensive community college in the Virginia Community College System, or a comparable course approved by the Department or the Department of Education. In addition, no person who fails the general knowledge examination for a commercial driver's license administered by the Department three times shall be permitted to take such examination a fourth time until he successfully completes, subsequent to the third examination failure, the knowledge component of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comprehensive community college in the Virginia Community College System, or a comparable course approved by the Department or the Department of Education. All persons required to attend a driver training school, a comprehensive community college, or a comparable course pursuant to this section shall be required, after successful completion of necessary courses, to have the applicable examination administered by the Department.

Comprehensive community colleges offering courses pursuant to this section shall meet course curriculum requirements established and made available by the Department and be comparable to the curriculum offered by Class A licensed schools. A course curriculum meeting the established requirements shall be submitted to the Department and shall be approved by the Department prior to the beginning of course instruction.

The Department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the Department. The Department shall notify the affected schools and comprehensive community colleges if new relevant topics are added to the course curriculum. Schools and comprehensive community colleges shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the Department in a format prescribed by the Department that the school or comprehensive community college has added the new topics to the course curriculum.

The provisions of this subsection shall not apply to persons placed under medical control pursuant to § 46.2-322 .

F. Knowledge tests may be administered in written form, verbally, or in automated format and can be administered in a foreign language, provided no interpreter is used in administering the test.

G. Interpreters are prohibited during the administration of the skills tests. Applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test.

H. Skills tests may be administered to an applicant who has taken training in the Commonwealth at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comprehensive community college in the Virginia Community College System, or a comparable course approved by the Department or the Department of Education, and is to be licensed in another state. Such test results shall be electronically transmitted directly from the Commonwealth to the licensing state in an efficient and secure manner. The Department may charge a fee of not more than $85 to any such applicant.

I. The Department shall accept the results of skills tests administered to applicants by any other state in fulfillment of the applicant's testing requirements for commercial licensure in the Commonwealth.

J. The Department may administer skills performance evaluations in accordance with its agreement with the FMCSA. Notwithstanding the provisions of § 46.2-208 , any medical information that is collected as part of the evaluation may be released to and inspected by the FMCSA.

1989, c. 705, § 46.1-372.14; 2008, c. 735 ; 2013, cc. 165 , 582 ; 2014, cc. 77 , 803 ; 2015, c. 258 ; 2016, c. 429 ; 2017, c. 232 ; 2019, c. 750 ; 2020, c. 546 .
Va. Code Ann. § 46.2-328.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 4 / Section 46.2-328.1
Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance
Status: in_force

A. 1. Notwithstanding any other provision of this title, except as provided in subsection G of § 46.2-345 , the Department shall not issue an original license, permit, or special identification card or a REAL ID credential to an applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States. For the purposes of this section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defined by 6 C.F.R. § 37.3, as amended.

2. Notwithstanding subdivision 1 or any other provision of this title, except as provided in subsection G of § 46.2-345 , the Department may issue an original license, permit, or special identification card that is not a REAL ID credential to an applicant who has presented to the Department, with the application, valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States. Such a license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the license, permit, or special identification card has been extended by a federal court or federal agency having jurisdiction over immigration. This subdivision does not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12 .

B. Notwithstanding the provisions of subsection A and the provisions of §§ 46.2-330 and 46.2-345 , an applicant for a REAL ID credential who provides evidence of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration REAL ID credential. An applicant for a commercial driver's license who submits evidence of lawful status as required by 49 C.F.R. § 383.71(f) may be issued a limited-duration license or a limited-duration permit not to exceed the validity period authorized in subsection A of § 46.2-341.10 . An applicant for a commercial driver's license who submits evidence of lawful status as required by 49 C.F.R. § 383.71(f) and 6 C.F.R. Part 37 may be issued a REAL ID-compliant limited-duration license not to exceed the validity period authorized in subsection A of § 46.2-341.10 . Such limited-duration license, permit, or special identification card shall be valid only during the period of time of the applicant's authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year. No license, permit, or special identification card shall be issued if an applicant's authorized stay in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-duration license, permit, or special identification has been extended by a federal court or federal agency having jurisdiction over immigration.

C. Any license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subdivision A 1, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to § 46.2-322 . The requirements of subsection A shall apply, however, to a renewal, duplication, or reissuance if the Department is notified by a local, state, or federal government agency that the individual seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.

D. The Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.

E. For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant's document number, if any, issued by an agency or court of the United States government.

2003, cc. 817 , 819 ; 2005, c. 260 ; 2007, c. 493 ; 2009, c. 872 ; 2010, c. 129 ; 2011, c. 396 ; 2013, c. 686 ; 2020, cc. 981 , 1227 , 1246 ; 2026, cc. 704 , 705 .
Va. Code Ann. § 46.2-803 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-803
Keep to the right in crossing intersections or railroads
Status: in_force

Except as otherwise provided by law, when crossing an intersection of highways or the intersection of a highway by a railroad right-of-way, the driver of a vehicle shall drive on the right half of the roadway unless it is obstructed or impassable. When crossing an intersection of highways, however, the driver of a vehicle may overtake or pass another vehicle in the intersection if such intersection is designated and marked as a passing zone.

Code 1950, § 46-221; 1958, c. 541, § 46.1-205; 1972, c. 369; 1978, c. 27; 1989, c. 727.
Va. Code Ann. § 46.2-1066 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 9 / Section 46.2-1066
Brakes
Status: in_force

Every motor vehicle when driven on a highway shall be equipped with brakes adequate to control the movements of and to stop and hold such vehicle. The brakes shall be maintained in good working order and shall conform to the provisions of this article.

Every bicycle, electric power-assisted bicycle, and moped, when operated on a highway, shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement. Every electric personal assistive mobility device, when operated on a highway, shall be equipped with a system that, when activated or engaged, will enable the operator to bring the device to a controlled stop.

Code 1950, § 46-283; 1958, c. 541, § 46.1-277; 1974, c. 347; 1981, c. 585; 1989, c. 727; 2001, c. 834 ; 2002, c. 254 .
Va. Code Ann. § 46.2-2099.41 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 13 / Section 46.2-2099.41
Certification requirements
Status: in_force

A. A person may apply to the Department for certification as an operator of an excursion train. The Department shall certify an applicant if the Department determines that the applicant will operate a passenger train that:

1. Is primarily used for tourism or public service; and

2. Leads to the promotion of the tourist industry in the Commonwealth.

B. An application for certification shall include:

1. The name and address of each person who owns an interest of at least 10 percent of the excursion train operation;

2. An address in the Commonwealth where the excursion train is based;

3. An operations plan, including the route to be used and a schedule of operations and stops along the route; and

4. Evidence of insurance that meets the requirements of subsection C.

C. The Department shall not certify to a person under subsection A unless the person files with the Department evidence of insurance providing coverage of liability resulting from injury to persons or damages to property in the amount of at least $10 million for the operation of the train.

D. The Department shall not certify an applicant under subsection A if the applicant or any other person owning interest in the excursion train also owns or operates a regularly scheduled passenger train service with interstate connection.

2001, c. 596 ; 2003, c. 286 ; 2007, c. 813 ; 2016, c. 431 .
Va. Code Ann. § 46.2-1082 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 10 / Section 46.2-1082
Mirrors
Status: in_force

No person shall drive a motor vehicle on a highway in the Commonwealth if the vehicle is not equipped with a mirror which reflects to the driver a view of the highway for a distance of not less than 200 feet to the rear of such vehicle.

No motor vehicle registered in the Commonwealth, designed and licensed primarily for passenger vehicular transportation on the public highways and manufactured after 1968 shall be driven on the highways in the Commonwealth unless equipped with at least one outside and at least one inside rear view mirror meeting the requirements of this section.

Notwithstanding the other provisions of this section, no motor vehicle which either has no rear window, or which has a rear window so obstructed as to prevent rearward vision by means of an inside rear view mirror, shall be required to be equipped with an inside rear view mirror if such motor vehicle has horizontally and vertically adjustable outside rear view mirrors installed on both sides of such motor vehicle in such a manner as to provide the driver of such motor vehicle a rearward view along both sides of such motor vehicle for at least 200 feet.

Code 1950, § 46-294; 1958, c. 541, § 46.1-289; 1968, c. 730; 1980, c. 13; 1989, c. 727.
Va. Code Ann. § 46.2-749.66 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.66
Special license plates; victims of attack on USS Cole
Status: in_force

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates honoring the persons injured or killed in the attack on the USS Cole (DDG 67) during its refueling in Aden, Yemen, on October 12, 2000.

2002, c. 864 .
Va. Code Ann. § 46.2-114 — Virginia Code / Title 46.2 / Subtitle I / Chapter 1 / Section 46.2-114
Disposition of fines and forfeitures
Status: in_force

All fines or forfeitures collected on conviction of any person charged with a violation of any of the provisions of this title punishable as felonies, misdemeanors, or traffic infractions shall be paid into the state treasury to be credited to the Literary Fund unless a different form of payment is required specifically by this title.

Code 1950, § 46-20; 1958, c. 541, § 46.1-18; 1989, c. 727; 2012, c. 408 .
Va. Code Ann. § 46.2-349 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 8 / Section 46.2-349
Unlawful to permit violations of chapter
Status: in_force

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this chapter.

Code 1950, § 46-384; 1958, c. 541, § 46.1-386; 1989, c. 727.
Va. Code Ann. § 46.2-728.2 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-728.2
Special license plates displaying a scenic design of Virginia; fees
Status: in_force

On receipt of an application, the Commissioner shall issue license plates displaying a scenic design of Virginia. These license plates shall be valid for whatever period the Commissioner determines.

For each set of license plates issued under this section the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars at the time the plates are issued.

1992, cc. 142, 631.
Va. Code Ann. § 46.2-1006 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 2 / Section 46.2-1006
Approval of brake and head light testing methods and equipment
Status: in_force

The Superintendent shall approve methods of brake testing and head light testing. Approval of the use of mechanical brake and light testing equipment may be given by the Superintendent. When necessary, the Superintendent may call upon the United States Bureau of Standards or some other recognized testing agency to assist him in determining whether such mechanical testing equipment shall be approved for the purpose set forth in this chapter.

Code 1950, § 46-314; 1958, c. 541, § 46.1-312; 1989, c. 727.
Va. Code Ann. § 46.2-341.12 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.12
Application for commercial driver's license or commercial learner's permit
Status: in_force

A. No entry-level driver shall be eligible to (i) apply for a Virginia Class A or Class B commercial driver's license for the first time, (ii) upgrade to a Class A or Class B commercial driver's license for the first time, or (iii) apply for a hazardous materials, passenger, or school bus endorsement for the first time, unless he has completed an entry-level driver training course related to the license, classification, or endorsement he is applying for and the training is provided by a training provider. An individual is not required to complete an entry-level driver training course related to the license, classification, or endorsement he is applying for if he is exempted from such requirements under 49 C.F.R. § 380.603.

B. Every application to the Department for a commercial driver's license or commercial learner's permit shall be made upon a form approved and furnished by the Department, and the applicant shall write his usual signature in ink in the space provided. The applicant shall provide the following information:

1. Full legal name;

2. Current mailing and residential addresses;

3. Physical description including sex, height, weight, and eye and hair color;

4. Year, month, and date of birth;

5. Social security number;

6. Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49 U.S.C. § 31311(a)(12); and

7. Any other information required on the application form.

Applicants shall be permitted to choose between "male," "female," or "non-binary" when designating the applicant's sex on the commercial driver's license or commercial learner's permit application form.

The applicant's social security number shall be provided to the Commercial Driver's License Information System as required by 49 C.F.R. § 383.153.

C. Every applicant for a commercial driver's license or commercial learner's permit shall also submit to the Department the following:

1. A consent to release driving record information;

2. Certifications that:

a. He either meets the federal qualification requirements of 49 C.F.R. Parts 383 and 391, or he is exempt from or is not subject to such federal requirements;

b. He either meets the state qualification requirements established pursuant to § 52-8.4 , or he is exempt from or is not subject to such requirements;

c. The motor vehicle in which the applicant takes the skills test is representative of the class and, if applicable, the type of motor vehicle for which the applicant seeks to be licensed;

d. He is not subject to any disqualification, suspension, revocation or cancellation of his driving privileges;

e. He does not have more than one driver's license;

3. Other certifications required by the Department;

4. Any evidence required by the Department to establish proof of identity, citizenship or lawful permanent residency, domicile, and social security number notwithstanding the provisions of § 46.2-328.1 and pursuant to 49 C.F.R. Part 383;

5. A statement indicating whether (i) the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years and, if so, all states that licensed the applicant and the dates he was licensed, and (ii) whether or not he has ever been disqualified, or his license suspended, revoked or canceled and, if so, the date of and reason therefor; and

6. An unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant's most recent admittance into the United States for persons applying for a nondomiciled commercial driver's license or nondomiciled commercial learner's permit.

D. Every application for a commercial driver's license shall include a photograph of the applicant supplied under arrangements made therefor by the Department in accordance with § 46.2-323 .

E. The Department shall disqualify any commercial driver for a period of one year when the records of the Department clearly show to the satisfaction of the Commissioner that such person has made a material false statement on any application or certification made for a commercial driver's license or commercial learner's permit. The Department shall take such action within 30 days after discovering such falsification.

F. The Department shall review the driving record of any person who applies for a Virginia commercial driver's license or commercial learner's permit, for the renewal or reinstatement of such license or permit or for an additional commercial classification or endorsement, including the driving record from all jurisdictions where, during the previous 10 years, the applicant was licensed to drive any type of motor vehicle. Such review shall include checking the photograph on record whenever the applicant or holder appears in person to renew, upgrade, transfer, reinstate, or obtain a duplicate commercial driver's license or to renew, upgrade, reinstate, or obtain a duplicate commercial learner's permit. If appropriate, the Department shall incorporate information from such other jurisdictions' records into the applicant's Virginia driving record, and shall make a notation on the applicant's driving record confirming that such review has been completed and the date it was completed. The Department's review shall include (i) research through the Commercial Driver's License Information System established pursuant to the Commercial Motor Vehicle Safety Act and the National Driver Register Problem Driver Pointer System in addition to the driver record maintained by the applicant's previous jurisdictions of licensure and (ii) requesting information from the Drug and Alcohol Clearinghouse in accordance with 49 C.F.R. § 382.725. This research shall be completed prior to the issuance, renewal, transfer, or reinstatement of a commercial learner's permit, commercial driver's license or additional commercial classification or endorsement.

1. If the information the Department receives from the Drug and Alcohol Clearinghouse indicates that the applicant is prohibited from operating a commercial motor vehicle, the Department shall deny the application. If the applicant currently holds a commercial driver's license or a commercial learner's permit, the Department must initiate a CDL downgrade of the applicant's commercial driver's license or commercial learner's permit as defined in 49 C.F.R. § 383.5.

2. If the FMCSA notifies the Department that an existing holder of a commercial driver's license or commercial learner's permit is prohibited from operating a commercial motor vehicle pursuant to 49 C.F.R. § 382.501(a), the Department shall initiate a CDL downgrade of the driver's commercial driver's license or commercial learner's permit as defined in 49 C.F.R. § 383.5 and record the CDL downgrade on the driver's record on the Commercial Driver's License Information System within 60 days of receiving the notification.

3. If the FMCSA notifies the Department that an existing holder of a commercial driver's license or commercial learner's permit was erroneously identified as prohibited from operating a commercial motor vehicle, the Department shall both reinstate the driver's commercial driver's license or commercial learner's permit privilege and remove any reference to the driver's erroneous prohibited status from the driver's record on the Commercial Driver's License Information System as expeditiously as possible, but no later than 10 days from receiving such notification from the FMCSA.

G. The Department shall verify the name, date of birth, and social security number provided by the applicant with the information on file with the Social Security Administration for initial issuance of a commercial learner's permit or transfer of a commercial driver's license from another state. The Department shall make a notation in the driver's record confirming that the necessary verification has been completed and noting the date it was done. The Department shall also make a notation confirming that proof of citizenship or lawful permanent residency has been presented and the date it was done.

H. Every new applicant for a commercial driver's license or commercial learner's permit, including any person applying for a commercial driver's license or permit after revocation of his driving privileges, who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an appropriate medical examiner's certificate, the Department shall post a certification status of "certified" on the driver's record on the Commercial Driver's License Information System. Any new applicant for a commercial driver's license or commercial learner's permit who fails to comply with the requirements of this subsection shall be denied the issuance of a commercial driver's license or commercial learner's permit by the Department.

I. Every existing holder of a commercial driver's license or commercial learner's permit who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an appropriate medical examiner's certificate, the Department shall post a certification status of "certified" and any other necessary information on the driver's record on the Commercial Driver's License Information System. If an existing holder of a commercial driver's license fails to provide the Department with a medical certificate as required by this subsection, the Department shall post a certification status of "noncertified" on the driver's record on the Commercial Driver's License Information System and initiate a CDL downgrade of his commercial driver's license as defined in 49 C.F.R. § 383.5.

J. Any person who provides a medical certificate to the Department pursuant to the requirements of subsections H and I shall keep the medical certificate information current and shall notify the Department of any change in the status of the medical certificate. If the Department determines that the medical certificate is no longer valid, the Department shall initiate a CDL downgrade of the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.

K. If the Department receives notice that the holder of a commercial driver's license has been issued a medical variance as defined in 49 C.F.R. § 390.5, the Department shall indicate the existence of such medical variance on the commercial driver's license document of the driver and on the driver's record on the Commercial Driver's License Information System using the restriction code "V."

L. Any holder of a commercial driver's license who has been issued a medical variance shall keep the medical variance information current and shall notify the Department of any change in the status of the medical variance. If the Department determines that the medical variance is no longer valid, the Department shall initiate a CDL downgrade of the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.

M. Any applicant applying for a hazardous materials endorsement must comply with Transportation Security Administration requirements in 49 C.F.R. Part 1572. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his U.S. Citizenship and Immigration Services (USCIS) alien registration number.

N. Notwithstanding the provisions of § 46.2-208 , the Department may release to the FMCSA medical information relating to the issuance of a commercial driver's license or a commercial learner's permit collected by the Department pursuant to the provisions of subsections F, G, H, I, J, and K.

1989, c. 705, § 46.1-372.12; 2005, c. 513 ; 2009, c. 872 ; 2011, cc. 881 , 889 ; 2013, cc. 165 , 582 ; 2014, cc. 77 , 803 ; 2015, c. 258 ; 2019, c. 750 ; 2020, cc. 544 , 546 ; 2024, cc. 107 , 121 .
Va. Code Ann. § 46.2-2011.23 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 1 / Section 46.2-2011.23
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 Code 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, permit, or license.

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 license, permit, certificate, 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 ; 2013, cc. 165 , 582 .
Va. Code Ann. § 46.2-2090 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 6 / Section 46.2-2090
Tariffs showing rates, fares and charges; available for inspection
Status: in_force

Every common carrier regulated pursuant to this article shall file with the Department at least thirty days before the effective date, and make available for public inspection, tariffs showing all the rates, fares and charges for transportation, and all services in connection therewith, of passengers between points on its own route and points on the route of any other such carrier, or on the route of any common carrier by railroad, air, or water, when a through route and joint rate shall have been established. Such rates, fares, and charges shall be stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed, and posted in such form and manner, and shall contain such information as the Department may prescribe. The Department is authorized to reject any tariff filed with it that is not in consonance with this section. Any tariff rejected by the Department shall be void, and its use shall be unlawful.

2001, c. 596 .
Va. Code Ann. § 46.2-2099.21 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 11 / Section 46.2-2099.21
Exemptions from operation of article
Status: in_force

This article shall not be construed to include:

1. Persons engaged in operating boats exclusively for fishing;

2. Persons engaged in operating boats that have (i) an approved passenger capacity of twenty-five or less persons and (ii) are operated as special or charter parties under this chapter; or

3. The City of Hampton when acting as a sight-seeing carrier by boat or special or charter party carrier by boat.

2001, c. 596 ; 2007, c. 813 .
Va. Code Ann. § 46.2-1512 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 2 / Section 46.2-1512
Salesperson to have certificate of qualification
Status: in_force

No license shall be issued to any motor vehicle salesperson unless he holds a valid certificate of qualification issued by the Board. A certificate shall be issued only on application to the Board, payment of the required application fee of no more than $50 as determined by the Board, the successful completion of an examination prepared and administered by the Board, and other prerequisites as set forth in this section. Any individual who is licensed as a salesperson on July 1, 1995, shall be entitled to such a certificate without examination on application to the Board made on or before January 1, 1996.

The Board may establish minimum qualifications for applicants and require applicants to satisfactorily complete courses of study or other prerequisites prior to taking the examination.

1988, c. 865, § 46.1-525.03; 1989, c. 727; 1995, cc. 767 , 816 ; 2015, c. 615 .
Va. Code Ann. § 46.2-746.2:1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-746.2:1
Repealed
Status: repealed

Repealed by Acts 2003, c. 295 .
Va. Code Ann. § 46.2-1557.4 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 6 / Section 46.2-1557.4
Watercraft trailer dealers and watercraft trailers
Status: in_force

For the purposes of this article:

"Dealer" and "trailer dealer" includes watercraft trailer dealers.

"Trailer" includes watercraft trailers.

2015, c. 615 .
Va. Code Ann. § 46.2-746.2:2.2 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-746.2:2.2
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-740 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-740
Special license plates for survivors of Battle of Chosin Reservoir
Status: in_force

On receipt of an application and written evidence that the applicant is a survivor of the Battle of Chosin Reservoir, the Commissioner shall issue special license plates to the applicant.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

1987, c. 669, § 46.1-105.17; 1989, c. 727; 1995, c. 747 ; 2023, c. 539 .
Va. Code Ann. § 46.2-1176 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1176
Definitions
Status: in_force

The following words and phrases when used in this article shall have the following meanings except where the context clearly indicates a different meaning:

"Basic, test and repair program" means a motor vehicle emissions inspection system established by regulations of the Board which shall designate the use of an OBD-II (on-board diagnostic system) with wireless capability, and a two-speed idle analyzer as the only authorized testing equipment. Only those computer software programs and emissions testing procedures necessary to comply with the applicable provisions of Title I of the federal Clean Air Act shall be included. Such testing equipment shall be approvable for motor vehicle manufacturers' warranty repairs.

"Board" means the State Air Pollution Control Board.

"Certificate of emissions inspection" means a document, device, or symbol, prescribed by the Director and issued pursuant to this article, which indicates that (i) a motor vehicle has satisfactorily complied with the emissions standards and passed the emissions inspection provided for in this article; (ii) the requirement of compliance with such emissions standards has been waived; or (iii) the motor vehicle has failed such emissions inspection.

"Director" means the Director of the Department of Environmental Quality.

"Emissions inspection station" means any facility or portion of a facility that has obtained an emissions inspection station permit from the Director authorizing the facility to perform emissions inspections in accordance with this article.

"Enhanced emissions inspection program" means a motor vehicle emissions inspection system established by regulations of the Board that shall designate, as the only authorized testing equipment for emissions inspection stations, (i) the use of the ASM 50-15 (acceleration simulation mode or method) together with an OBD-II (on-board diagnostic system) with wireless capability, (ii) the use of the ASM 50-15 together with the use of a dynamometer, and (iii) two-speed tailpipe testing equipment. Possession and availability of a dynamometer shall be required for enhanced emissions inspection stations. Only those computer software programs and emissions testing procedures necessary to comply with applicable provisions of Title I of the federal Clean Air Act shall be included. Such testing equipment shall be approvable for motor vehicle manufacturers' warranty repairs. An enhanced emissions inspection program shall include remote sensing and an on-road clean screen program as provided in this article.

"Fleet emissions inspection station" means any inspection facility operated under a permit issued to a qualified fleet owner or lessee as determined by the Director.

"Motor vehicle" means any vehicle that:

1. Is designed for the transportation of persons or property; and

2. Is powered by an internal combustion engine.

"On-road clean screen program" means a program that allows a motor vehicle owner to voluntarily certify compliance with emissions standards by means of on-road remote sensing.

"On-road emissions inspector" means the entity or entities authorized by the Department of Environmental Quality to perform on-road testing, including on-road testing in accordance with the on-road clean screen program.

"On-road testing" means tests of motor vehicle emissions or emissions control devices by means of roadside pullovers or remote sensing devices.

"Program coordinator" means any person or corporation that has entered into a contract with the Director to provide services in accordance with this article.

"Qualified hybrid motor vehicle" means a motor vehicle that (i) meets or exceeds all applicable regulatory requirements, (ii) meets or exceeds the applicable federal motor vehicle emissions standards for gasoline-powered passenger cars, and (iii) can draw propulsion energy both from gasoline or diesel fuel and a rechargeable energy storage system.

"Referee station" means an inspection facility operated or used by the Department of Environmental Quality (i) to determine program effectiveness, (ii) to resolve emissions inspection conflicts between motor vehicle owners and emissions inspection stations, and (iii) to provide such other technical support and information, as appropriate, to emissions inspection stations and vehicle owners.

"Remote sensing" means the measurement of motor vehicle emissions through electronic or light-sensing equipment from a remote location such as the roadside. Remote sensing equipment may include devices to detect and record the vehicle's registration or other identification numbers.

"Test and repair" means motor vehicle emissions inspection facilities that perform official motor vehicle emissions inspections and may also perform vehicle repairs. No regulation of the Board pertaining to test and repair shall bar inspection facilities from also performing vehicle repairs. Emissions inspections and vehicle safety inspections may be performed in the same service bay, provided that the facility is both an emissions inspection station and an official safety inspection station pursuant to §§ 46.2-1163 and 46.2-1166 . Emissions inspections may be performed in any service bay of the emissions inspection station or, if by wireless means, in any other area on the premises of the emissions inspection station.

"Validation program" or "program validation" means a program approved by the Director by which vehicles are randomly identified and provided a free emissions inspection for the purpose of monitoring the effectiveness of the emissions inspection program. A "validation program" may be conducted at an emissions inspection station, as defined by § 46.2-1176 , in conjunction with a state safety inspection or using on-road testing.

1980, c. 469, § 46.1-326.2; 1982, c. 92; 1984, c. 256; 1988, cc. 81, 806; 1989, c. 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1994, c. 838 ; 1995, cc. 836 , 851 ; 2000, c. 311 ; 2002, c. 710 ; 2004, c. 915 ; 2012, cc. 216 , 824 .
Va. Code Ann. § 46.2-473 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 17 / Section 46.2-473
Coverage of driver's policy
Status: in_force

Every driver's policy shall insure the person named therein as insured against loss from the liability imposed upon him by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property arising out of the use by him of any motor vehicle not owned by him, within the territorial limits and subject to the limits of liability set forth with respect to a motor vehicle owner's policy.

Code 1950, § 46-493; 1958, c. 541, § 46.1-505; 1989, c. 727.
Va. Code Ann. § 46.2-334.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 5 / Section 46.2-334.1
Knowledge test; waiting period prior to reexamination
Status: in_force

Any person under the age of eighteen who applies for a driver's license under § 46.2-334 and fails the motor vehicle knowledge test administered pursuant to that section shall not be eligible for retesting for at least fifteen days.

1996, c. 1035 .
Va. Code Ann. § 46.2-1250 — Virginia Code / Title 46.2 / Subtitle III / Chapter 12.1 / Section 46.2-1250
Unauthorized use of disabled parking license plates or placards; penalty
Status: in_force

A. Any person who parks in a space reserved for persons with disabilities that limit or impair their ability to walk or attempts to use the parking privileges afforded by § 46.2-1245 and displays 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 which has been issued to another person, and is not transporting a person with a disability which limits or impairs his ability to walk, 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. § 46.2-934 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 16 / Section 46.2-934
Failure to use cane or guide dog not contributory negligence
Status: in_force

Nothing contained in § 46.2-933 shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing highways. Nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog on the highways or sidewalks of the Commonwealth, be held to constitute nor be evidence of contributory negligence.

Code 1950, § 46-249.3; 1950, p. 1521; 1958, c. 541, § 46.1-240; 1975, c. 117; 1989, c. 727.
Va. Code Ann. § 46.2-1514 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 2 / Section 46.2-1514
Action on applications; hearing on denial; denial for failure to have established place of business
Status: in_force

The Board shall act on all applications for a license or certificate of dealer registration under this chapter within sixty days after receipt by either granting or refusing the application. Any applicant denied a license or certificate shall, on his written request filed within thirty days, be given a hearing at a time and place determined by the Board or a person designated by the Board. All hearings under this section shall be public and shall be held promptly. The applicant may be represented by counsel.

Any applicant denied a license for failure to have an established place of business as provided in § 46.2-1510 may not, nor shall anyone, apply for a license for premises for which a license was denied for thirty days from the date of the rejection of the application.

1988, c. 865, § 46.1-525.05; 1989, c. 727; 1995, cc. 767 , 816 .
Va. Code Ann. § 46.2-1001 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 1 / Section 46.2-1001
Removal of unsafe vehicles; penalty
Status: in_force

Any motor vehicle, trailer, or semitrailer examined by a law-enforcement officer certified to perform vehicle safety inspections and found to be operating with defective brakes, tires, wheels, steering mechanism, or any other condition which is likely to cause an accident or a breakdown of the motor vehicle, trailer, or semitrailer may be removed from the highway and not permitted to operate again on the highway until the defects have been corrected and the law-enforcement officer has found the corrections to be satisfactory. Such law-enforcement officer may allow any motor vehicle, trailer, or semitrailer discovered to be in such an unsafe condition while being operated on the highway to continue in operation only to the nearest place where repairs can be safely effected and only if such operation is less hazardous to the public than to permit the motor vehicle, trailer, or semitrailer to remain on the highway.

No person shall operate a motor vehicle, trailer, or semitrailer which has been removed from service as provided in the foregoing provisions of this section prior to correction and proper authorization by a law-enforcement officer certified to perform vehicle safety inspection procedures.

For the purpose of this section, the term "law-enforcement officer certified to perform vehicle safety inspections" means those law-enforcement officers who have satisfactorily met the requirements for initial certification and maintenance of certification of driver/vehicle inspectors as prescribed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration. Those law-enforcement officers certified to place vehicles out of service must receive annual in-service training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. The Superintendent of State Police shall be responsible for coordinating the annual in-service training. The agency administrator of the law-enforcement agencies employing law-enforcement officers certified to perform vehicle safety inspections shall provide the Department of Criminal Justice Services with verification that law-enforcement officers certified to perform vehicle safety inspections have met the requirements for initial certification and maintenance of certification of driver/vehicle inspectors prescribed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration and satisfactorily completed the annual in-service training required by this section.

Every vehicle inspected by a local law-enforcement officer pursuant to this section and found to be free of defects which would constitute grounds for removal of the vehicle from service shall be issued a sticker as evidence of such inspection and freedom from defects. Such stickers shall be valid for 90 days. Any vehicle displaying a valid sticker shall be exempt from local or State Police inspections under this section. However, the fact that a vehicle displays a valid sticker shall not prevent any local or State Police officer from stopping and inspecting the vehicle if he observes an obvious safety defect. The Superintendent of State Police shall work cooperatively with local law-enforcement agencies of localities whose officers are authorized to perform inspections pursuant to this section to develop a standard sticker as provided for in this section and uniform policies and procedures for issuance and display of such stickers.

However, notwithstanding the foregoing provisions of this section, before placing any vehicle out of service, the vehicle operator shall be allowed two hours to effect repairs to his vehicle. Such repairs may be performed at the site where the vehicle was inspected and found to be unsafe, provided the vehicle requiring repair is off the highway, where the repairs can be effected safely. If such repairs remedy the condition or conditions that would have caused it to be taken out of service, it shall not be taken out of service, but allowed to resume its operations. No such repairs, however, shall be allowed if the vehicle's load consists of hazardous material as defined in § 10.1-1400 .

1982, c. 90, § 46.1-279.01; 1985, c. 561; 1988, c. 77; 1989, c. 727; 1990, cc. 20, 167; 1991, cc. 284, 416; 1993, c. 409; 1995, cc. 39 , 458 ; 1996, cc. 24 , 91 , 144 , 525 ; 1997, c. 35 ; 1999, cc. 68 , 279 ; 2000, cc. 59 , 112 ; 2002, cc. 142 , 223 , 263 ; 2003, cc. 82 , 85 .
Va. Code Ann. § 46.2-749.30:1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.30:1
Repealed
Status: repealed

Repealed by Acts 2005, c. 908 , cl. 2.
Va. Code Ann. § 46.2-200 — Virginia Code / Title 46.2 / Subtitle I / Chapter 2 / Article 1 / Section 46.2-200
Department of Motor Vehicles
Status: in_force

There shall be a Department of Motor Vehicles in the executive department, responsible to the Secretary of Transportation. The Department shall be under the supervision and management of the Commissioner of the Department of Motor Vehicles.

The Department shall be responsible for the administration of the motor vehicle license, registration and title laws; the issuance, suspension, and revocation of driver's licenses; the examination of applicants for and holders of driver's licenses; the administration, training, disciplining, and assignment of examiners of applicants for driver's licenses; the administration of the safety responsibility laws, fuel tax laws, the provisions of this title relating to transportation safety, and dealer licensing laws; the registration of carriers of passengers or property and vehicles that may be required to be registered under the International Registration Plan or pay road tax as described under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 under the International Fuel Tax Agreement; the audit of carriers of passengers or property for compliance with registration and road tax requirements; proof of financial responsibility; and any other services that may be required to create a single point of contact for motor carriers operating within and without the Commonwealth, including the operation of permanent and mobile motor carrier service centers.

Code 1950, § 46-26; 1958, c. 541, § 46.1-25; 1984, cc. 778, 780; 1989, c. 727; 1990, cc. 1, 317; 1995, cc. 744 , 803 ; 1997, c. 283 ; 2001, cc. 70 , 82 .
Va. Code Ann. § 46.2-749.60 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.60
Special license plates bearing the legend: UNLOCKING AUTISM
Status: in_force

On receipt of an application therefor, the Commissioner shall issue special license plates bearing the legend: UNLOCKING AUTISM.

2002, c. 864 .
Va. Code Ann. § 46.2-341.29 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.29
Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04
Status: in_force

Any person violating the provisions of subsection B of § 46.2-341.24 shall be guilty of a Class 3 misdemeanor.

1989, c. 705, § 46.1-372.28.
Va. Code Ann. § 46.2-730 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-730
License plates for antique motor vehicles and antique trailers; fee
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 appropriately designed license plates to owners of antique motor vehicles and antique trailers. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates of any of these vehicles shall be a one-time fee of $50.

B. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner may authorize for use on antique motor vehicles and antique trailers Virginia license plates manufactured prior to 1976 and designed for use without decals, if such license plates are embossed with or are of the same year of issue as the model year of the antique motor vehicle or antique trailer on which they are to be displayed. Original metal year tabs issued in place of license plates for years 1943 and 1952 and used with license plates issued in 1942 and 1951, respectively, also may be authorized by the Commissioner for use on antique motor vehicles and antique trailers that are of the same model year as the year the metal tab was originally issued. These license plates and metal tabs shall remain valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and permission to use the license plates and metal tabs on any of these vehicles shall be a one-time fee of $50. If more than one request is made for use, as provided in this section, of license plates having the same number, the Department shall accept multiple requests only if (i) the number combination requested is not currently registered on license plates embossed with the year matching the plate being requested and (ii) only one license plate with the same number combination has been issued for use after 1973 or, if the plate requested is for a motorcycle, 1976.

C. Notwithstanding the provisions of §§ 46.2-711 and 46.2-715 , antique motor vehicles may display single license plates if the original manufacturer's design of the antique motor vehicles allows for the use of only single license plates or if the license plate was originally issued in one of the following years and is displayed in accordance with the provisions of subsection B: 1906, 1907, 1908, 1909, 1945, or 1946.

D. Antique motor vehicles and antique trailers registered with license plates issued or authorized for use under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used:

1. For participation in club activities, exhibits, tours, parades, and similar events;

2. On the highways of the Commonwealth for the purpose of testing their operation or selling the vehicle or trailer, obtaining repairs or maintenance, transportation to and from events as described in subdivision 1, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner; and

3. To carry or transport (i) passengers in the antique motor vehicles, (ii) personal effects in the antique motor vehicles and antique trailers, or (iii) other antique motor vehicles being transported for show purposes.

The registration card issued to an antique motor vehicle or an antique trailer registered pursuant to subsections A, B, and C shall indicate such vehicle or trailer is for limited use.

E. Owners of motor vehicles and trailers applying for registration pursuant to subsections A, B and C shall submit to the Department, in the manner prescribed by the Department, certifications that such vehicles or trailers are capable of being safely operated on the highways of the Commonwealth.

Pursuant to § 46.2-1000 , the Department shall suspend the registration of any vehicle or trailer registered with license plates issued under this section that the Department or the Department of State Police determines is not properly equipped or otherwise unsafe to operate. Any law-enforcement officer shall take possession of the license plates, registration card and decals, if any, of any vehicle or trailer registered with license plates issued under this section when he observes any defect in such vehicle or trailer as set forth in § 46.2-1000 .

F. Antique motor vehicles and antique trailers displaying license plates issued or authorized for use pursuant to subsections B and C may be used for general transportation purposes if the following conditions are met:

1. The physical condition of the vehicle's license plate or plates has been inspected and approved by the Department;

2. The license plate or plates are registered to the specific vehicle by the Department;

3. The owner of the vehicle periodically registers the vehicle with the Department and pays a registration fee for the vehicle equal to that which would be charged to obtain regular state license plates for that vehicle;

4. The vehicle passes a periodic safety inspection as provided in Article 21 (§ 46.2-1157 et seq.) of Chapter 10;

5. The vehicle displays current decals attached to the license plate, issued by the Department, indicating the valid registration period for the vehicle; and

6. When applicable, the vehicle meets the requirement of Article 22 (§ 46.2-1176 et seq.) of Chapter 10.

If more than one request is made for use, as provided in this subsection, of license plates having the same number, the Department shall accept multiple requests only if (i) the number combination requested is not currently registered on license plates embossed with the year matching the plate being requested and (ii) only one license plate with the same number combination has been issued for use after 1973 or, if the plate requested is for a motorcycle, 1976. Only vehicles titled to the person seeking to use license plates as provided in this subsection shall be eligible to use license plates as provided in this subsection.

G. Nothing in this section shall be construed as prohibiting the use of an antique motor vehicle to tow a trailer or semitrailer.

H. Any owner of an antique motor vehicle or antique trailer registered with license plates pursuant to this section who is convicted of a violation of this section is guilty of a Class 4 misdemeanor. Upon receiving a record of conviction of a violation of this section, the Department shall revoke and not reinstate the owner's privilege to register the vehicle operated in violation of this section with license plates issued or authorized for use pursuant to this section for a period of five years from the date of conviction.

I. Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcycle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (a) evidence of owning or having regular use of another autocycle, passenger car, or motorcycle, as required under subsections A and B, and (b) the certification required pursuant to subsection E.

Code 1950, § 46-99.1; 1954, c. 60; 1958, c. 541, § 46.1-104; 1980, c. 359; 1986, c. 8; 1989, cc. 338, 727; 1999, c. 292 ; 2000, c. 259 ; 2004, c. 796 ; 2007, c. 492 ; 2008, c. 159 ; 2014, cc. 53 , 256 ; 2022, c. 157 .
Va. Code Ann. § 46.2-1403 — Virginia Code / Title 46.2 / Subtitle III / Chapter 14 / Section 46.2-1403
Liability of employer
Status: in_force

An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased or contracted for by the employer, in a ridesharing arrangement.

An employer shall not be liable for injuries to passengers and other persons because he provides information or incentives or otherwise encourages his employees to participate in ridesharing arrangements.

1981, c. 218, § 46.1-559; 1989, c. 727.
Va. Code Ann. § 46.2-487 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 18 / Section 46.2-487
Statutes and ordinances deemed to cover offenses specified in subdivision (a) of Article IV of compact
Status: in_force

For the purposes of complying with subdivisions (a) and (c) of Article IV of the compact, the following sections of the Code of Virginia and county, city, or town ordinances substantially paralleling such sections shall be deemed to cover the offenses of subdivision (a) of Article IV: With respect to subdivision (2), §§ 18.2-266 and 46.2-341.24 A; with respect to subdivision (4), §§ 46.2-894 through 46.2-899 subject to the limitation that the accident resulted in the death or personal injury of another; with respect to subdivisions (1) and (3), the Department shall determine which offenses are covered in the same manner as under § 46.2-389 .

1968, c. 166, § 46.1-167.12; 1989, c. 727; 1994, c. 255 .
Va. Code Ann. § 46.2-1081 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 10 / Section 46.2-1081
Slow-moving vehicle emblems
Status: in_force

A. Every farm tractor, self-propelled unit of farm equipment or implement of husbandry, and any other vehicle designed for operation at speeds not in excess of 25 miles per hour or normally operated at speeds not in excess of 25 miles per hour, shall display a triangular slow-moving vehicle emblem on the rear of the vehicle when traveling on a public highway at any time of the day or night.

B. Should a slow-moving vehicle tow a unit on a public highway, then the towing vehicle or the towed unit shall be equipped with the slow-moving vehicle emblem as follows:

1. If the towed unit or any load thereon obscures the slow-moving vehicle emblem on the towing vehicle, the towed unit shall be equipped with a slow-moving vehicle emblem, in which case the towing vehicle need not display such emblem.

2. If the slow-moving vehicle emblem on the towing vehicle is not obscured by the towed unit or any load thereon, then either or both such vehicles may be equipped with such emblem.

C. The standards and specifications for the slow-moving vehicle emblem and the position of mounting of the emblem shall conform to standards and specifications adopted by the American Society of Agricultural Engineers, the Society of Automotive Engineers, the American National Standards Institute, Inc., or the federal Department of Transportation.

D. The use of the slow-moving vehicle emblem shall be restricted to the uses specified in this title.

E. The provisions of this section shall not apply to bicycles, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters. Display of a slow-moving vehicle emblem on a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter shall not be deemed a violation of this section.

1970, c. 301, § 46.1-264.1; 1972, c. 146; 1978, c. 605; 1989, c. 727; 1996, c. 82 ; 2003, cc. 29 , 46 ; 2019, c. 780 .
Va. Code Ann. § 46.2-1508.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 2 / Section 46.2-1508.1
Licensure of certain nonprofit organizations
Status: in_force

A. Any nonprofit organization exempt from taxation under § 501(c) (3) of the Internal Revenue Code that (i) receives title to motor vehicles as qualified charitable gifts to the organization, (ii) provides no more than twelve of these donated vehicles in any twelve-month period to low-income persons, as defined in § 2.2-5400 , in need of transportation, and (iii) receives from the recipients of the vehicles only reimbursement for the costs of repairs, towing, titles, taxes, license fees and inspection fees shall be required to obtain a dealer's license. However, such nonprofit organization shall be exempt from the requirements of § 46.2-1510 , Article 3.1 (§ 46.2-1527.1 et seq.) of Chapter 15 of this title, §§ 46.2-1533 , and 46.2-1534 . Transactions of such nonprofit organization shall not be subject to recovery from the Motor Vehicle Transaction Recovery Fund.

B. Upon application to and approval by the Board, any nonprofit organization exempt from taxation under § 501(c) (3) of the Internal Revenue Code may be issued a nonprofit organization certificate authorizing it to consign donated motor vehicles to licensed Virginia motor vehicle dealers when the nonprofit organization receives title to such motor vehicles as qualified charitable gifts and titles the vehicles in the name of the nonprofit organization.

1998, c. 393 ; 2000, c. 180 .
Va. Code Ann. § 46.2-1170 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 21 / Section 46.2-1170
Advertising, etc., of official inspection station when not authorized
Status: in_force

No person, firm, or corporation, unless designated as such in accordance with the provisions of this article, shall, either directly or indirectly, display, advertise, or represent that such person, firm or corporation is an official inspection station.

Code 1950, § 46-321; 1958, c. 541, § 46.1-323; 1989, c. 727.
Va. Code Ann. § 46.2-800.2 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1 / Section 46.2-800.2
Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority
Status: in_force

A. The governing body of any county, city, or town embraced by the Southwest Regional Recreation Authority may by ordinance authorize the operation of any off-road recreational vehicles (i) on highways within its boundaries that have a maximum speed limit of no more than 35 miles per hour and (ii) for a distance of no more than five miles on any highway within its boundaries that has a maximum speed limit of more than 35 miles per hour. Any such ordinance shall define "off-road recreational vehicle." Any such operation shall be subject to the following conditions, and such additional restrictions and limitations as the county, city, or town by ordinance may impose:

1. Signs whose design, number, and location are approved by the Virginia Department of Transportation shall have been posted by the county, city, town, or Southwest Regional Recreation Authority warning motorists that off-road recreational vehicles may be operating on the highway;

2. Such off-road recreational vehicles shall be operated only during daylight hours;

3. Off-road recreational vehicle operators shall, when operating on the highway, obey all rules of the road applicable to other motor vehicles;

4. Riders of such off-road recreational vehicles shall wear helmets of a type approved by the Superintendent of State Police; and

5. Operators shall be licensed drivers or accompanied by a licensed driver who is either occupying the same vehicle or occupying another vehicle within a prudent distance; however, no person shall operate any off-road recreational vehicle as provided in this section if his driver's license, whether issued in the Commonwealth or in another jurisdiction, has been suspended or revoked.

B. The governing body of any county, city, or town that enacts any ordinance under subsection A shall notify in writing the Virginia State Police and all law-enforcement agencies within the county, city, or town of its action, together with a copy of such ordinance.

C. Operation of any off-road recreational vehicle as provided in the foregoing provisions of this section shall be subject to the issuance of a permit by the Southwest Regional Recreation Authority pursuant to § 15.2-6020 . Any such permit shall be valid for such period of time and subject to the payment of such fee as the Authority shall provide.

2010, cc. 332 , 463 ; 2018, c. 364 .
Va. Code Ann. § 46.2-421 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 13 / Section 46.2-421
Effect of order for such payment and proof of financial responsibility
Status: in_force

The Commissioner shall not suspend a license or registration of a motor vehicle and shall restore any license or registration suspended following nonpayment of a judgment, if the judgment debtor obtains an order from the court in which the judgment was rendered permitting payment of the judgment in installments and if the judgment debtor gives proof of his financial responsibility in the future as provided in this chapter.

Code 1950, § 46-433; 1958, c. 541, § 46.1-446; 1989, c. 727.
Va. Code Ann. § 46.2-1702.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 17 / Article 1 / Section 46.2-1702.1
Instructor identification; training involving the operation of a motor vehicle
Status: in_force

When conducting behind-the-wheel training or any other training in which a student of a driver training school is driving or operating a motor vehicle, the instructor conducting such training shall display, or cause to be displayed, the license authorizing him to act as a driving instructor issued pursuant to § 46.2-1701 in such motor vehicle in a location that is clearly visible to the student and in a holder approved by the Commissioner that may be removable. Such license shall be displayed for the duration of any such training.

2026, c. 521 .
Va. Code Ann. § 46.2-749.10 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.10
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 269 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 46.2-1503 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 1 / Section 46.2-1503
Motor Vehicle Dealer Board
Status: in_force

A. The Motor Vehicle Dealer Board is hereby created. The Board shall consist of 19 members appointed by the Governor, subject to confirmation by the General Assembly. Every member appointed by the Governor shall be a citizen of the United States and a resident of Virginia. The Governor may remove any member as provided in subsection A of § 2.2-108 . The members shall be at-large members and, insofar as practical, should reflect fair and equitable statewide representation.

B. Ten members shall be licensed franchised motor vehicle dealers who have been licensed as such for at least two years prior to being appointed by the Governor and seven members shall be licensed independent motor vehicle dealers who (i) have been licensed as such for at least two years prior to being appointed by the Governor and (ii) are not also franchised motor vehicle dealers. One of the franchised dealers appointed to the Board shall be a licensed franchised motorcycle dealer who is primarily engaged in the sale of new motorcycles. One of the independent dealers appointed to the Board shall be a licensed independent motorcycle dealer, and one shall be a licensed independent dealer who is also an independent trailer or recreational vehicle dealer or engaged in the rental vehicle business. One member shall be an individual who has no direct or indirect interest, other than as a consumer, in or relating to the motor vehicle industry.

C. Appointments shall be for terms of four years, and no person other than the Commissioner or his designee shall be eligible to serve more than two successive four-year terms. The Commissioner shall serve as chairman of the Board. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of the term. Any person appointed to fill a vacancy may serve two additional successive terms.

D. The Commissioner or his designee shall be an ex officio voting member of the Board.

E. Members of the Board shall be reimbursed their actual and necessary expenses incurred in carrying out their duties, such reimbursement to be paid from the special fund referred to in § 46.2-1520 .

1988, c. 865, § 46.1-517.2; 1989, c. 727; 1992, c. 95; 1995, cc. 767 , 816 ; 2011, c. 791 ; 2014, c. 695 ; 2015, c. 615 .
Va. Code Ann. § 46.2-328.3 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 4 / Section 46.2-328.3
Driver privilege cards and permits
Status: in_force

A. Upon application of any person who does not meet the requirements for a driver's license or permit under subsection A or B of § 46.2-328.1 , the Department may issue to the applicant a driver privilege card or permit if the Department determines that the applicant (i) has reported income and deductions from Virginia sources, as defined in § 58.1-302 , or been claimed as a dependent, on an individual income tax return filed with the Commonwealth in the preceding 12 months and (ii) is not in violation of the insurance requirements set forth in Article 8 (§ 46.2-705 et seq.) of Chapter 6.

B. Driver privilege cards and permits shall confer the same privileges and shall be subject to the same provisions of this title as driver's licenses and permits issued under this chapter, unless otherwise provided, and shall be subject to the following conditions and exceptions:

1. The front of a driver privilege card or permit shall be identical in appearance to a driver's license or permit that is not a REAL ID credential as defined in § 46.2-328.1 ;

2. An applicant for a driver privilege card or permit shall not be eligible for a waiver of any part of the driver examination provided under § 46.2-325 ;

3. An applicant for a driver privilege card or permit shall not be required to present proof of legal presence in the United States;

4. A driver privilege card or permit shall be valid for the period provided for a driver's license in § 46.2-330 or learner's permit in § 46.2-335 ;

5. The fee for an original driver privilege card or permit shall be $50, except no such fee shall be assessed against homeless youth, as described in subdivision A 7 of § 22.1-3 . The Department may issue, upon application by the holder of a valid, unexpired card or permit issued under this section, and upon payment of a fee of $50, another driver privilege card or permit. The amount paid by an applicant for a driver privilege card or other document issued pursuant to this chapter shall be considered privileged information for the purposes of § 46.2-208 . No applicant shall be required to provide proof of compliance with clauses (i) and (ii) of subsection A for a reissued, renewed, or duplicate card or permit; and

6. Any information collected pursuant to this section that is not otherwise collected by the Department or required for the issuance of any other driving credential issued pursuant to the provisions of this chapter and any information regarding restrictions in the Department's records related to the issuance of a credential issued pursuant to this section shall be considered privileged. Notwithstanding the provisions of § 46.2-208 , such information shall not be released except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order.

C. The Department shall not release the following information relating to the issuance of a driver privilege card or permit, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driver privilege card or permit, (ii) the information in the Department's records indicating the type of proof documentation that was provided, or (iii) applications.

The Department shall release only to any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, information related to the issuance of a driver privilege card or permit, the release of which is not otherwise prohibited by this section, that is required for a requester to carry out the requester's official functions if the requester provides the individual's name and other sufficient identifying information contained on the individual's record. Any such release shall be in accordance with the requirements of § 46.2-208 .

2020, cc. 1227 , 1246 ; 2021, Sp. Sess. I, c. 421 ; 2025, c. 181 ; 2026, cc. 704 , 705 .
Va. Code Ann. § 46.2-1705 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 17 / Article 1 / Section 46.2-1705
Suspension, revocation, cancellation, or refusal to renew license; limitations on operations; imposition of monetary penalties
Status: in_force

A. Except as otherwise provided in this section, (i) no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied; (ii) no limitation on operations shall be imposed pursuant to subsection F; and (iii) no monetary penalty shall be imposed pursuant to § 46.2-1706 , unless the licensee has been furnished a written copy of the complaint against him with the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.

B. The order suspending, revoking, cancelling, or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty, except as otherwise provided in subsection E, shall not become effective until the licensee has had 30 days after notice of the opportunity for a hearing to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, cancelling or denying renewal of a license, imposing a limitation on operation, or imposing a monetary penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by registered mail to the school address as shown on the licensee's most recent application for license and shall be considered served when mailed.

D. A licensee whose license has been revoked may reapply for a license after a period to be determined by the Commissioner after considering (i) the number and severity of current violations, (ii) the number and severity of past violations, (iii) any past revocations or suspensions, (iv) highway safety concerns, and (v) public safety concerns. If an instructor license has been revoked due to a conviction of (a) driving under the influence, (b) reckless driving, (c) refusal to submit to alcohol or drug testing, or (d) vehicular manslaughter, such period shall be no less than 10 years. No licensee who has been denied renewal shall apply for a new license within 180 days of such action.

E. Notwithstanding the provisions of subsection B, an order suspending, revoking, cancelling, or denying renewal of an instructor license shall be effective immediately if the order is based upon a finding by the Commissioner (i) that the instructor's driving record is such that he is not presently qualified to act as an instructor or (ii) that he is otherwise a danger to the safety of his students or the public. Such finding by the Commissioner shall be based on records of driver's license suspension or revocation, upon records of conviction of serious motor vehicle related offenses punishable as a misdemeanor or felony including driving under the influence or reckless driving, and upon such other criteria as the Commissioner may establish by regulation.

Notice of the order of suspension, revocation, cancellation, or denial shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, revocation, cancellation, or denial, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.

F. If the Commissioner makes a finding that the conduct of a licensee is in violation of this chapter or regulations adopted pursuant to this chapter, he may suspend, revoke, cancel, or refuse to renew the license of such licensee or may order the licensee, in accordance with subsections A, B, and C, to limit the types of driver education training provided, restrict the use of the licensee's training vehicles, or both. Whenever the Commissioner takes action limiting operations under this subsection, the Commissioner shall require the licensee to post conspicuous notice of the Commissioner's action under this subsection at the same location as the licensee's license was issued under this chapter, as soon as the Commissioner's order becomes effective. Orders of the Commissioner limiting operations and requiring posting of notices shall remain in effect until (i) the time period for the limitations or restriction has expired and the Commissioner makes a finding that the violations causing the imposition of such limitations or restrictions have been remedied by the licensee or (ii) the Commissioner's order is lifted as the result of an appeal under § 46.2-1704 or by a court of competent jurisdiction.

No investigation of a licensee, driver training school owner, or employee of a driver training school shall terminate or abate upon the surrender of a license required pursuant to § 46.2-1701 , nor shall any such surrender impair the Commissioner's ability to impose any sanction or remedy authorized pursuant to this chapter.

G. If the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending the licensee's license to operate a driver training school. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.

H. The Commissioner may suspend, revoke, or refuse to renew any license issued pursuant to this chapter for any conduct prohibited pursuant to § 46.2-1707 .

1991, c. 214; 2000, c. 179 ; 2004, c. 587 ; 2025, c. 79 ; 2026, cc. 537 , 538 .
Va. Code Ann. § 46.2-926 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 16 / Section 46.2-926
Pedestrians stepping into highway where they cannot be seen
Status: in_force

A. No pedestrian shall step into a highway open to moving vehicular traffic at any point between intersections where his presence would be obscured from the vision of drivers of approaching vehicles by a vehicle or other obstruction at the curb or side. The foregoing prohibition shall not apply to a pedestrian stepping into a highway to board a bus or to enter a safety zone, in which event he shall cross the highway only at right angles.

B. No law-enforcement officer shall stop a pedestrian 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 person's consent, shall be admissible in any trial, hearing, or other proceeding.

Code 1950, § 46-245; 1958, c. 541, § 46.1-232; 1989, c. 727; 2020, Sp. Sess. I, cc. 45 , 51 .
Va. Code Ann. § 46.2-644.1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 2.1 / Section 46.2-644.1
Titling of all-terrain vehicles and off-road motorcycles
Status: in_force

A. Every owner, except a dealer licensed under § 46.2-1508 , of any all-terrain vehicle or off-road motorcycle powered by a gasoline or diesel engine displacing more than 50 cubic centimeters and purchased as new on or after July 1, 2006, shall apply to the Department for a certificate of title in the name of the owner before the all-terrain vehicle or off-road motorcycle is operated anywhere in the Commonwealth.

B. Any owner of an all-terrain vehicle or off-road motorcycle not required to be titled under this section and not titled elsewhere may apply to the Department for a certificate of title. The Department shall issue the certificate upon reasonable evidence of ownership, such as a buyer's order or other document satisfactory to the Department.

C. Except as otherwise provided in this title, all-terrain vehicles and off-road motorcycles shall comply with the titling requirements of motor vehicles pursuant to Article 2 (§ 46.2-616 et seq.).

2006, c. 896 ; 2015, c. 615 .
Va. Code Ann. § 46.2-819.7 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 1.1 / Section 46.2-819.7
Repealed
Status: repealed

Repealed by Acts 2016, c. 753 , cl. 3.
Va. Code Ann. § 46.2-1177.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1177.1
Inspection program coordinator; agreement for services
Status: in_force

The Director may enter into an agreement to designate a program coordinator for all inspection programs pursuant to this article, except that no on-road clean screen program or any program or inspection process that utilizes remote sensing shall be included in the agreement. The Director shall determine the services to be provided by the program coordinator and the amount to be paid to the program coordinator for such services by the Department. Such agreement shall include a provision that the program coordinator shall provide and maintain inspection stations as defined in § 46.2-1176 with equipment, as set forth in this article, as required for a station to provide inspections. In addition to the amount the Director agrees for the Department to pay the program coordinator, the agreement shall permit the program coordinator to be paid up to $5,000 per year from each inspection station for each set of required equipment for the provision and maintenance of such equipment by the program coordinator.

2012, cc. 216 , 824 ; 2024, cc. 634 , 676 .
Va. Code Ann. § 46.2-2011.10 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 1 / Section 46.2-2011.10
Advertisements
Status: in_force

A. No person shall advertise or permit to be advertised by any means a transportation service unless such person first obtains a license, permit, or certificate as provided in this chapter. Whenever any licensee, permittee, or certificate holder places an advertisement in any newspaper or publication advertising a transportation service, there shall appear within such advertisement the license, permit, or certificate number. If multiple licenses, permits, or certificates are held, only one number must appear.

B. It shall be unlawful for any licensee, permittee, or certificate holder to knowingly advertise by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a license, permit, or certificate is held.

C. The requirement of subsection A of this section to include a license, permit, or certificate number in advertisements shall not apply to excursion train operators.

2001, c. 596 ; 2002, c. 861 .
Va. Code Ann. § 46.2-431 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 14 / Section 46.2-431
Chapter applies to nonresidents
Status: in_force

Every provision of this chapter applies to any person who is not a resident of the Commonwealth under the same circumstances as it would apply to a resident. No nonresident may drive any motor vehicle in the Commonwealth and no motor vehicle owned by him may be driven in the Commonwealth, unless the nonresident has complied with the requirements of this chapter with respect to giving proof of financial responsibility in the future.

Code 1950, § 46-451; 1958, c. 541, § 46.1-463; 1972, c. 638; 1989, c. 727.
Va. Code Ann. § 46.2-1035 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 3 / Section 46.2-1035
Dimming headlights on parked vehicles
Status: in_force

Whenever a vehicle is parked so that the beam from its headlights will glare into the eyes of the driver of a vehicle approaching on a highway, the operator of the parked vehicle shall dim or use the low beam of such lights so that glaring rays are not projected into the eyes of an approaching driver.

Code 1950, § 46-279.1; 1950, p. 54; 1958, c. 541, § 46.1-273; 1989, c. 727.
Va. Code Ann. § 46.2-647 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 3 / Section 46.2-647
Grace period for replacement of license plates or decals and renewal of registrations
Status: in_force

The Commissioner may, on finding either that the Department is unable to efficiently handle the replacement of license plates or decals or the renewal of registrations scheduled to expire during a specific month, or that persons seeking to secure license plates, decals, or registration renewals are, as a group, unable to do so without being substantially inconvenienced, declare a grace period for the replacement of license plates or decals and the renewal of registrations. The declaration of a grace period shall have the effect of postponing the expiration of those license plates, decals, and registrations scheduled to expire on the last day of that month to the fifteenth day of the succeeding month.

1975, c. 17, § 46.1-63.1; 1989, c. 727.
Va. Code Ann. § 46.2-1519 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 2 / Section 46.2-1519
License and registration fees; additional to other licenses and fees required by law
Status: in_force

A. The fee for each license and registration year or part thereof shall be determined by the Board, subject to the following:

1. For motor vehicle dealers, not more than $300 for each principal place of business, plus not more than $40 for each supplemental license.

2. For motor vehicle salespersons, not more than $50.

3. For motor vehicle dealers licensed in other states, but not in the Commonwealth, who sell motor vehicles at wholesale auctions, not more than $100.

4. For manufactured home dealers, not more than $100.

5. For watercraft trailer dealers, not more than $100.

The determination of fees by the Board under this subsection shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. The licenses, registrations, and fees required by this chapter are in addition to licenses, taxes, and fees imposed by other provisions of law and nothing contained in this chapter shall exempt any person from any license, tax, or fee imposed by any other provision of law.

C. The fee for issuance to a nonprofit organization of a certificate pursuant to subsection B of § 46.2-1508.1 shall be $25 per year or any part thereof.

D. No nonprofit organization granted a certificate pursuant to subsection B of § 46.2-1508.1 shall, either orally or in writing, assign a value to any donated vehicle for the purpose of establishing tax deduction amounts on any federal or state income tax return.

E. The Board may authorize discounts and other incentives to encourage licensees to conduct transactions with the Board (i) by means of electronic technologies and (ii) for multi-year periods.

F. The fee for reprinting licenses, certificates, and registrations shall be $10 for each reprint.

G. The fee for reinstating a license, certificate, or registration that has been suspended shall be $50.

H. The fee for each license and registration year or part thereof for each motor vehicle manufacturer, factory branch, distributor, and distributor branch shall be $100 and shall be paid to the Department.

1988, c. 865, § 46.1-525.010; 1989, c. 727; 1992, c. 148; 1993, c. 122; 1995, cc. 767 , 816 ; 2000, c. 180 ; 2001, c. 23 ; 2011, c. 791 ; 2014, c. 695 ; 2015, c. 615 .
Va. Code Ann. § 46.2-418 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 13 / Section 46.2-418
Nonpayment of judgments of Virginia and other states
Status: in_force

The Commissioner shall take action as required in § 46.2-417 on receiving proper evidence that the person has failed for a period of thirty days to satisfy any judgment, in amount and on a cause of action as stated in §§ 46.2-364 and 46.2-417 , rendered by a court of competent jurisdiction of the Commonwealth, any other state of the United States, the United States, Canada or its provinces.

Code 1950, § 46-430; 1958, c. 541, § 46.1-443; 1989, c. 727.
Va. Code Ann. § 46.2-746.6:2 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-746.6:2
Repealed
Status: repealed

Repealed by Acts 2004, c. 717 .
Va. Code Ann. § 46.2-749.108 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.108
Repealed
Status: repealed

Repealed by Acts 2011, c. 21 .
Va. Code Ann. § 46.2-697 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 7 / Section 46.2-697
(Contingent expiration date) Fees for vehicles not designed or used for transportation of passengers
Status: in_force

A. Except as otherwise provided in this section, the fee for registration of all motor vehicles not designed and used for the transportation of passengers shall be $23 plus an amount determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule of fees set forth in this section. For each 1,000 pounds of gross weight, or major fraction thereof, for which any such vehicle is registered, there shall be paid to the Commissioner the fee indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of subsection B of § 46.2-711 into which such vehicle, or any combination of vehicles of which it is a part, falls when loaded to the maximum capacity for which it is registered and licensed. The fee for a pickup or panel truck shall be $23 if its gross weight is 4,000 pounds or less and $28 if its gross weight is 4,001 pounds through 6,500 pounds. The fee shall be $32 for any motor vehicle with a gross weight of 6,501 pounds through 10,000 pounds.

For all such motor vehicles exceeding a gross weight of 6,500 pounds, an additional fee of $5 shall be imposed.

B. In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be 25 percent of the annual fee plus $5 for each quarter that the vehicle is registered.

C. When an owner elects to register and license a motor vehicle under subsection B, the provisions of §§ 46.2-646 and 46.2-688 shall not apply.

D. Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.

E. All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.

Code 1950, § 46-162; 1956, c. 477; 1958, c. 541, § 46.1-154; 1962, c. 86; 1964, c. 218; 1964, Ex. Sess., c. 22; 1973, c. 517; 1974, c. 150; 1979, c. 244; 1982, c. 671; 1984, c. 144; 1986 Sp. Sess., c. 11; 1989, c. 727; 1997, c. 283 ; 2007, c. 896 ; 2020, cc. 1230 , 1275 .
Va. Code Ann. § 46.2-1161 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 21 / Section 46.2-1161
Repealed
Status: repealed

Repealed by Acts 2011, c. 283 , cl. 2.
Va. Code Ann. § 46.2-1043 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 4 / Section 46.2-1043
Tire tread depth
Status: in_force

A. No person shall operate a motor vehicle, trailer, or semitrailer on any highway in the Commonwealth if it is equipped with one or more tires which:

1. When measured in any two adjacent major tread grooves where the tread is thinnest, at three equally spaced intervals around the circumference of the tire and exclusive of "tiebars" by a tread depth gauge calibrated in thirty-seconds of an inch, are found to have tread depth of less than two thirty-seconds of an inch at such locations; or

2. When equipped with tread wear indicators, are found to have such indicators in contact with pavement at any two adjacent grooves at three equally spaced intervals around the circumference of the tire.

B. No motor vehicle, trailer, or semitrailer shall be issued a safety inspection approval sticker if equipped with any tire whose use is prohibited under the provisions of this section.

C. This section shall not apply to tires mounted on dual wheels installed on motor vehicles which have seats for more than seven passengers and are (i) operated wholly within a municipality, or (ii) operated by urban and suburban bus lines. For purposes of this section, "urban and suburban bus lines" are defined as bus lines operating over regular scheduled routes the majority of whose passengers use the buses for traveling one-way distances not exceeding forty miles on the same day between their residence and their place of work, shopping areas, or schools.

D. The foregoing exemptions shall not apply to buses owned or operated by any public school district, private school, or contract operator of school buses.

E. The provisions of this section shall not apply to any vehicle not required to be registered or licensed.

1968, c. 145, § 46.1-295.3; 1973, c. 162; 1983, c. 281; 1984, c. 125; 1989, c. 727.
Va. Code Ann. § 46.2-1601.3 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 16 / Section 46.2-1601.3
Grounds for denying, suspending, or revoking licenses
Status: in_force

The Commissioner may deny, suspend, or revoke a license under this chapter on any one or more of the following grounds:

1. Material misstatement or omission in application for license, certificate of title, salvage certificate, or nonrepairable certificate;

2. Failure to comply subsequent to receipt of a written warning from the Commissioner;

3. Failure to comply with the requirements of subsection B of § 46.2-1601 ;

4. Defrauding any retail buyer, to the buyer's damage, or any other person in the conduct of the licensee's business;

5. Having used deceptive acts or practices;

6. Knowingly advertising by any means any assertion, representation, or statement of fact which is untrue, misleading, or deceptive in any particular relating to the conduct of the business licensed for which a license is sought;

7. Having been convicted of any fraudulent act in connection with the business of selling vehicles, vehicle parts, or major components;

8. Having been convicted of any criminal act involving the business of selling vehicles, vehicle parts, or major components;

9. Willfully retaining in his possession title to a motor vehicle or a salvage certificate that has not been completely and legally assigned to him;

10. Having been convicted of a felony;

11. Having been convicted of larceny of a vehicle or receipt or sale of a stolen vehicle;

12. Having been convicted of odometer tampering or any related violation;

13. Having been convicted of a violation of § 46.2-1074 or 46.2-1075 ;

14. Failure to comply with federal reporting requirements pursuant to subsection G of § 46.2-1603.1 ;

15. Failure or refusal to pay civil penalties imposed by the Commissioner pursuant to § 46.2-1609 ;

16. Failure to comply with the requirements of § 46.2-1205 ;

17. Failure to comply with the requirements of § 46.2-1608.2 ; or

18. Failure to comply with any other provision of this chapter.

Suspension or revocation under this section shall only be imposed on the specific business found to be in violation.

2014, c. 58 .
Va. Code Ann. § 46.2-1057 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 6 / Section 46.2-1057
Windshields
Status: in_force

It shall be unlawful for any person to drive on a highway in the Commonwealth any motor vehicle or reconstructed motor vehicle, other than a motorcycle or autocycle, registered in the Commonwealth that was manufactured, assembled, or reconstructed after July 1, 1970, unless the motor vehicle is equipped with a windshield.

1970, c. 22, § 46.1-293.1; 1989, c. 727; 2014, cc. 53 , 256 .
Va. Code Ann. § 46.2-1089.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 11 / Section 46.2-1089.1
Signs and markings on school buses using alternative fuels
Status: in_force

The State Board of Education may provide by regulation for the display of appropriate signs or other markings on school buses using alternative fuels. Such signs or markings shall conspicuously identify the vehicle as an alternatively fueled vehicle and indicate the type of alternative fuel used. No such sign or marking shall be more than 4 3/4 inches long or more than 3 1/4 inches high.

For the purposes of this section: (i) "alternative fuel" means a motor fuel used as an alternative to gasoline or diesel fuel; (ii) alcohol/gasoline blended fuels which contain less than eighty-five percent ethanol or methanol shall not be considered alternative fuels; and (iii) dual-fuel and bi-fuel vehicles equipped to operate on both a conventional fuel and an alternative fuel shall be considered alternatively fueled vehicles.

Signs and markings provided for under this section shall be in addition to other markings permitted or required by this title.

1993, c. 172.
Va. Code Ann. § 46.2-719 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 9 / Section 46.2-719
Permit for emergency use of license plates
Status: in_force

A. The Commissioner may, in his discretion, grant a special permit for the use of license plates on a vehicle other than the vehicle for which the license plates were issued, when the vehicle for which the license plates were issued is undergoing repairs in a licensed motor vehicle dealer's repair shop and when the license plates are being used on a vehicle owned by the dealer in whose repair shop the vehicle is being repaired.

B. Application for the permit shall be made jointly by the dealer and the person whose vehicle is being repaired, on forms provided by the Department and shall show, in addition to whatever other information may be required by the Commissioner, that an emergency exists which would warrant the issuance of the permit.

C. The permit shall be evidenced by a certificate, issued by the Commissioner, which shall show the date of issuance, the person to whom issued, and the motor number, serial number, or identification number of the vehicle on which the license plates are to be used, and shall be in the immediate possession of the person operating the vehicle at all times while operating it. The certificate shall be valid for a period not to exceed 30 days from its issuance.

D. The Commissioner may, subject to the limitations and conditions set forth in this section, authorize a motor vehicle dealer licensed in the Commonwealth to issue such permit on behalf of the Commissioner in accordance with the provisions of subsections A, B, and C of this section provided such permits are issued only with regard to the transfer in an emergency situation of license plates from a vehicle undergoing repairs in that dealer's repair shop. Any dealer to whom the authority is delegated by the Commissioner shall use the forms provided by the Commissioner and shall maintain in permanent form a record of all permits issued by him and any other relevant information that may be required by the Commissioner. Each record shall be kept by the dealer for not less than three years from the date of entry. The dealer shall allow full access to these records, during regular business hours, to duly authorized representatives of the Department and to law-enforcement officers. One copy of any permit of this kind issued by a dealer and the application form submitted for the permit shall be filed promptly by the dealer with the Department. The Commissioner, on determining that the provisions of this section or the directions of the Department are not being complied with by a dealer, may suspend the right of such dealer to issue license plate transfer permits.

Code 1950, § 46-104.1; 1952, c. 537; 1958, c. 541, § 46.1-110; 1978, c. 289; 1989, c. 727; 2026, c. 500 .
Va. Code Ann. § 46.2-1568.1 — Virginia Code / Title 46.2 / Subtitle IV / Chapter 15 / Article 7 / Section 46.2-1568.1
Discrimination by manufacturers or distributors prohibited
Status: in_force

No manufacturer or distributor, or any officer, agent, or representative of either, shall discriminate against a dealer holding a franchise of the manufacturer or distributor in favor of another dealer or other dealers of the same line-make in the Commonwealth by:

1. Selling or offering to sell a new motor vehicle to a dealer at a lower actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is available to another dealer in the Commonwealth during a similar time period;

2. Using a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new motor vehicle to the dealer or later, that results in the sale or offer to sell a new motor vehicle to a dealer at a lower price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is available to another dealer in the Commonwealth during a similar time period. This subdivision shall not prohibit a promotional or incentive program that is functionally available to competing dealers of the same line-make in the Commonwealth on substantially comparable terms;

3. Providing lead information to a dealer when the address provided by the prospective customer (or the preferred contact address, if more than one address is provided) is in the relevant market area of another dealer or other dealers of the same line-make without providing or offering to provide the same information on equal terms to the dealer or dealers of the same line-make in whose relevant market area the prospective customer's address (or preferred contact address, if more than one address is provided) is located. The foregoing requirement of this subdivision shall not apply if (i) the lead information is generated under any program administered by an entity in which one or more dealers, together with the manufacturer or distributor, hold an ownership interest, where the program is designed to facilitate sales of motor vehicles through dealers participating in the program, provided that ownership or the right to participate in the entity has been made available to all dealers of the same line-make in the Commonwealth on substantially comparable terms or (ii) the prospective customer requests that the lead information be forwarded to a particular dealer or (iii) the lead information is the result of the prospective customer's request for a specific type of vehicle when the specific type of vehicle in the color and with the equipment desired by the prospective customer is not available at a dealer or dealers of the same line-make in whose relevant market area the prospective customer's address (or preferred contact address, if more than one address is provided) is located. For purposes of this subsection, "lead information" is information concerning a prospective customer (i) who contacts the manufacturer or distributor in response to an advertisement, a solicitation, or a message broadcast, distributed, or made available to the public by the manufacturer or distributor or (ii) who is contacted by the manufacturer or distributor, and (iii) such contact is in relation to the sale of, service on, or parts or accessories for new or used motor vehicles. This subdivision shall not be construed to permit provision of or access to customer information that is otherwise protected from disclosure by law or by agreement between a dealer and a manufacturer or distributor.

2001, cc. 817 , 849 .
Va. Code Ann. § 46.2-2147 — Virginia Code / Title 46.2 / Subtitle V / Chapter 21 / Article 3 / Section 46.2-2147
Certain household goods carriers exempted from article
Status: in_force

Household goods carriers transporting solely household goods under a certificate of fitness issued pursuant to this chapter are exempt from the provisions of this article.

2001, c. 596 ; 2011, cc. 881 , 889 .
Va. Code Ann. § 46.2-2011.18 — Virginia Code / Title 46.2 / Subtitle V / Chapter 20 / Article 1 / Section 46.2-2011.18
Violation by passengers; misdemeanor; ejection
Status: in_force

All persons who fail, while using transportation services of a common carrier or restricted common carrier, to act in an orderly manner so as to permit the safe operation of a vehicle by the driver, or who fail to obey the directions of any such driver, operator, or other person in charge to act in such orderly manner, shall be deemed guilty of a Class 4 misdemeanor. Furthermore, such persons may be ejected from any such vehicle by any driver, operator, or person in charge of such vehicle, or by any police officer or other conservator of the peace; and in case such persons ejected have paid their fares upon such vehicle, they shall not be entitled to the return of any part of the same. For the refusal of any such passenger to abide by the direction of the person in charge of such vehicle as aforesaid, and his consequent ejection from such vehicle, neither the driver, operator, person in charge, owner, manager, nor common carrier or restricted common carrier operating such vehicle shall be liable for damages in any court.

2001, c. 596 .
Va. Code Ann. § 46.2-1162 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 21 / Section 46.2-1162
Inspection of certain trailers
Status: in_force

Any trailer required to be inspected under the provisions of this article may, only if the size or configuration of the trailer and the size and configuration of the facilities of the inspection station prevent the trailer from being inspected inside the inspection station, be inspected outside the inspection station. The provisions of this section shall apply only to trailers as defined in § 46.2-100 and shall not apply to recreational vehicles commonly known as "motor homes" or to any vehicle required to be equipped with head lights.

1982, c. 159, § 46.1-317.2; 1989, c. 727.
Va. Code Ann. § 46.2-341.14:7 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.14:7
Notification requirements
Status: in_force

A. Every third party tester shall:

1. Notify the Department in a format prescribed by the Department within 10 days of any change in:

a. The third party tester's name or address; or

b. The third party examiners who are employed by the third party tester.

2. Notify the Department in a format prescribed by the Department within 10 days of any of the following occurrences:

a. The third party tester ceases business operations in Virginia;

b. The third party tester fails to comply with any of the requirements set forth in this article; or

c. Any third party examiner fails to comply with any of the requirements set forth in this article.

3. Notify the Department of any proposed change in the skills test route at least 30 days before the third party tester plans to change the route.

B. Every third party examiner shall notify the Department, within 10 days after leaving the employ of the third party tester, of his change in employment.

2013, cc. 165 , 582 .
Va. Code Ann. § 46.2-341.9:1 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.9:1
Commissioner to grant variances for commercial drivers transporting hazardous wastes
Status: in_force

The Commissioner may, to the extent allowed by federal law, grant variances from the regulations with respect to the physical qualifications for drivers of commercial motor vehicles transporting hazardous materials if:

1. The driver is regularly employed in a job requiring the operation of a commercial motor vehicle transporting hazardous materials;

2. The driver is at least twenty-one years of age;

3. A physician licensed in Virginia certifies that, in his professional opinion, the driver is capable of safely operating a commercial motor vehicle transporting hazardous materials; and

4. In the opinion of the Commissioner, the driver is able to perform the normal tasks associated with operating a commercial motor vehicle and comply with the applicable regulations authorized by § 10.1-1450 .

The Commissioner may promulgate regulations addressing such variances.

1997, c. 260 .
Va. Code Ann. § 46.2-687 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 7 / Section 46.2-687
Failure to pay certain fees; penalty
Status: in_force

Any person who operates or permits the operation over any highway in the Commonwealth of any motor vehicle, trailer, or semitrailer for the transportation of passengers without first having paid to the Commissioner the fee prescribed by § 46.2-694 shall be guilty of a Class 2 misdemeanor.

Code 1950, § 46-161; 1958, c. 541, § 46.1-152; 1989, c. 727; 1990, c. 418.
Va. Code Ann. § 46.2-1001.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 1 / Section 46.2-1001.1
Special equipment required for converted electric vehicles
Status: in_force

In addition to any other equipment required by this chapter, no converted electric vehicle may be registered in or operated on the highways of the Commonwealth without the following:

1. Orange-colored high voltage cables and high voltage markings on all conduit containing high voltage cables. No high voltage cables may be attached to the chassis of the vehicle in such a way as to cause the chassis to be used to ground the electric current;

2. A breaker or fuse in the high voltage circuit that contains the traction battery pack and the motor controller. Such breaker or fuse must be rated to interrupt the expected maximum current at or above the battery pack voltage;

3. An externally mounted switch to open the high voltage circuit in case of an emergency. Such switch must be located where the fuel tank filler cap was located prior to conversion. Any cover protecting the switch must be able to be opened from the outside of the vehicle;

4. Traction batteries mounted in secure nonconductive enclosures that provide for limited access. Multiple enclosures may be used but must be connected by high voltage cables encased in conduit made of metal, composite, or other materials of comparable strength, crush, and abrasion resistance to metal or composite;

5. If batteries other than lead acid batteries are used as traction batteries, a temperature monitoring system that monitors the temperature of at least one battery in each battery enclosure. Such system must warn the driver of the vehicle if the temperature of the battery is rising rapidly or is above safe levels;

6. Conduit made of metal, composite, or other materials of comparable strength, crush, and abrasion resistance to metal or composite, encasing any high voltage cables running under or outside of the vehicle. Such conduit must be secured to the vehicle chassis and must not violate the ground clearance provisions of § 46.2-1063 ;

7. A vacuum system and pump, or comparable equipment, to maintain proper brake function and capacity, as required by this chapter; and

8. Labeling on three sides of the vehicle identifying such vehicle as "CONVERTED ELECTRIC." Each label shall be at least six inches long and consist of lettering at least three inches tall.

At such time as the federal government establishes minimum equipment and safety standards, including any related to synthetic vehicle sounds, for converted electric vehicles, to the extent that such standards are different from the standards established by this section, the federal standards shall apply to converted electric vehicles in the Commonwealth. If any federal standard conflicts with a standard set forth by this section, the stricter standard shall prevail.

2012, c. 177 .
Va. Code Ann. § 46.2-749.9 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-749.9
Special license plates; Virginia Bowler
Status: in_force

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates bearing the legend: Virginia Bowler.

1995, c. 747 .
Va. Code Ann. § 46.2-341.4 — Virginia Code / Title 46.2 / Subtitle II / Chapter 3 / Article 6.1 / Section 46.2-341.4
Definitions
Status: in_force

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

"Air brake" means any braking system operating fully or partially on the air brake principle.

"Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or to obtain or renew a commercial learner's permit.

"Automatic transmission" means, for the purposes of the skills test and the restriction, any transmission other than a manual transmission.

"CDLIS driver record" means the electronic record of the individual commercial driver's status and history stored by the State of Record as part of the Commercial Driver's License Information System (CDLIS).

"Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.

"Commercial driver's license information system" or "CDLIS" means the commercial driver's license information system established by the Federal Motor Carrier Safety Administration pursuant to § 12007 of the Commercial Motor Vehicle Safety Act of 1986.

"Commercial learner's permit" means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a commercial driver's license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not valid.

"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which: (i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds, whichever is greater; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.

The following are excluded from the definition of commercial motor vehicle:

1. Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;

2. Any vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§ 46.2-649.3 and 46.2-698 ; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract motor carrier; and (iv) is used within 150 miles of the farmer's farm;

3. Any vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or

4. Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.

"Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as amended.

"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding by an administrative or authorized law-enforcement official that a person has violated a provision of law.

"Disqualification" means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.

"Domicile" means a person's true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent.

"Employee" means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license.

"Employer" means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles.

"Endorsement" means an authorization to an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles.

"Entry-level driver" means an individual who (i) must complete the commercial driver's license skills test requirements under FMCSA regulations prior to receiving a commercial driver's license for the first time, (ii) is upgrading to a Class A or Class B commercial driver's license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. § 380.603.

"Entry-level driver training" means training an entry-level driver receives from an entity listed on the FMCSA's Training Provider Registry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking the (i) commercial driver's license skills test required to (a) receive a commercial driver's license for the first time, (b) receive the Class A or Class B commercial driver's license for the first time, (c) upgrade to a Class A or B commercial driver's license for the first time, or (d) obtain a passenger or school bus endorsement for the first time or (ii) commercial driver's license knowledge test required to obtain a hazardous materials endorsement for the first time.

"FMCSA" means the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.

"Full air brake" means any braking system operating fully on the air brake principle.

"Gross combination weight rating" means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is registered in its state of registration; however, the registered gross weight shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16 .

"Gross vehicle weight rating" means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including any load thereon, or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16 .

"Hazardous materials" means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material listed as a select agent or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73.

"Manual transmission," also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.

"Noncommercial driver's license" means any other type of motor vehicle license, such as an automobile driver's license, a chauffeur's license, or a motorcycle license.

"Nondomiciled commercial learner's permit" or "nondomiciled commercial driver's license" means a commercial learner's permit or commercial driver's license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver's licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.

"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions' officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein.

"Person" means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board.

"Restriction" means a prohibition on a commercial driver's license or commercial learner's permit that prohibits the holder from operating certain commercial motor vehicles.

"Seasonal restricted commercial driver's license" means a commercial driver's license issued under the authority of the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served.

"State" means one of the 50 states of the United States or the District of Columbia.

"Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.

"Third party examiner" means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license.

"Third party instructor" means an individual who is an employee of a third party tester or a training provider and who (i) is authorized by the Department to provide entry-level driver training required for a commercial driver's license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in § 46.2-1700 .

"Third party tester" means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing commercial driver's license applicants in accordance with this article.

"Training provider" means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry.

"VAMCSR" means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of State Police pursuant to § 52-8.4 .

1989, c. 705, § 46.1-372.4; 1990, c. 218; 1993, c. 70; 1998, c. 883 ; 2005, c. 513 ; 2008, c. 190 ; 2013, cc. 165 , 582 ; 2014, cc. 77 , 803 ; 2015, c. 258 ; 2016, c. 429 ; 2019, c. 750 ; 2024, cc. 107 , 121 ; 2026, c. 769 .
Va. Code Ann. § 46.2-1045 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 4 / Section 46.2-1045
Sale of tires having cleats, etc., prohibited; studded tires excepted
Status: in_force

No person shall sell to any resident of the Commonwealth a tire which shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire. Farm machinery having protuberances which will not injure the highway and tire chains of reasonable proportions may, however, be sold. It shall also be permissible to sell studded tires whose use is permitted under the provisions of this article. Violation of this section shall constitute a Class 1 misdemeanor.

1966, c. 592, § 46.1-296.1; 1968, c. 1; 1970, c. 263; 1989, c. 727.
Va. Code Ann. § 46.2-746.9 — Virginia Code / Title 46.2 / Subtitle II / Chapter 6 / Article 10 / Section 46.2-746.9
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 269 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 46.2-896 — Virginia Code / Title 46.2 / Subtitle III / Chapter 8 / Article 11 / Section 46.2-896
Duties of driver in event of accident involving damage only to unattended property
Status: in_force

The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver is required to report pursuant to § 46.2-894 if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency. Such note or other information and written report shall contain the information that the driver is required to report pursuant to § 46.2-894 . The written report shall, in addition, state the date, time, and place of the accident and the driver's description of the property damage.

Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the owner or custodian of the unattended vehicle or property and report to him the information required by § 46.2-894 .

Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431 ; 2005, c. 137 .
Va. Code Ann. § 46.2-1183.1 — Virginia Code / Title 46.2 / Subtitle III / Chapter 10 / Article 22 / Section 46.2-1183.1
Repealed
Status: repealed

Repealed by Acts 2018, cc. 286 and 288 , cl. 2.