dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-467. Action within power of Commission.
The Commission may, in its discretion, after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the Department or from other sources:

1. Refuse to assign an application;

2. Approve the rejection of an application by an insurance carrier;

3. Approve the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or

4. Refuse to approve the renewal or the reassignment of an expiring policy.

Code 1950, § 46-488; 1958, c. 541, § 46.1-499; 1972, c. 842; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-468. Information filed with Commission by insurance carrier confidential.
Any information filed with the Commission by an insurance carrier in connection with an assigned risk shall be confidential and solely for the information of the Commission and its staff and shall not be disclosed to any person, including an applicant, policyholder, and any other insurance carrier.

Code 1950, § 46-489; 1958, c. 541, § 46.1-500; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-469. Commission not required to disclose reasons for action; liability of Commission for act or omission.
A. The Commission shall not be required to disclose to any person, including the applicant or policyholder, its reasons for:

1. Refusing to assign an application;

2. Approving the rejection of an application by an insurance carrier;

3. Approving the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or

4. Refusing to approve the renewal or the reassignment of an expiring policy.

B. The Commission or anyone acting for it shall not be held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.

Code 1950, § 46-490; 1958, c. 541, § 46.1-501; 1972, c. 842; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-470. Assignment of risks for nonresidents.
The provisions of this chapter relevant to assignment of risks shall be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the Commonwealth.

Code 1950, § 46-491; 1958, c. 541, § 46.1-502; 1972, c. 842; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-471. Assignment of risks for certain carriers.
Notwithstanding the provisions of § 46.2-366, the provisions of this chapter relating to assignment of risks shall be available to carriers by motor vehicle who are required by law to carry public liability and property damage insurance for the protection of the public.

Code 1950, § 46-491.1; 1954, c. 345; 1958, c. 541, § 46.1-503; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-472. Coverage of owner's policy.
A. For all policies effective on or after January 1, 2022, but prior to January 1, 2025, every motor vehicle owner's policy shall:

1. Designate by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.

2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or motor vehicles with the permission of the named insured.

3. Insure the insured or other person against loss from any liability imposed 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 caused by accident and arising out of the ownership, use, or operation of such motor vehicle or motor vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $30,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $60,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one accident.

B. For all policies effective on or after January 1, 2025, every motor vehicle owner's policy shall:

1. Designate, by explicit description or appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.

2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or vehicles with the permission of the named insured.

3. Insure the insured or other person against loss from any liability imposed 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 caused by an accident and arising out of the ownership, use, or operation of such motor vehicle or vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $25,000 because of injury to or destruction of property of others in any one accident.

Code 1950, § 46-492; 1954, c. 378; 1958, cc. 501, 541, § 46.1-504; 1968, c. 685; 1972, c. 433; 1975, c. 382; 1978, c. 550; 1989, cc. 621, 727; 2021, Sp. Sess. I, c. 273.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-473. Coverage of driver's policy.
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.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-474. Policy must contain certain agreement; additional coverage.
Every policy of insurance subject to the provisions of this chapter:

1. Shall contain an agreement that the insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury, death, property damage, and destruction and that it is subject to all the provisions of this chapter and of the laws of the Commonwealth relating to this kind of insurance; and

2. May grant any lawful coverage in excess of or in addition to the coverage herein specified and this excess or additional coverage shall not be subject to the provisions of this chapter but shall be subject to other applicable laws of the Commonwealth.

Code 1950, § 46-494; 1958, c. 541, § 46.1-506; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-475. Policy must comply with law.
No policy required under this chapter shall be issued or delivered in the Commonwealth unless it complies with §§ 38.2-2218 through 38.2-2225, with all other applicable and not inconsistent laws of the Commonwealth, and with the terms and conditions of this chapter.

Code 1950, § 46-495; 1958, c. 541, § 46.1-507; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-476. Liability covered by workers' compensation law.
Policies issued under this chapter shall not insure any liability of the employer on account of bodily injury to, or death of, an employee of the insured for which benefits are payable under any workers' compensation law.

Code 1950, § 46-496; 1958, c. 541, § 46.1-508; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-477. When chapter applicable to policy.
This chapter shall not apply to any policy of insurance except as to liability thereunder incurred after certification thereof as proof of financial responsibility.

Code 1950, § 46-496.1; 1958, c. 541, § 46.1-509; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-478. Several policies together meeting requirements of chapter.
Several policies of one or more insurance carriers which together meet the requirements of this chapter shall be deemed a motor vehicle liability policy within the meaning of this chapter.

Code 1950, § 46-497; 1958, c. 541, § 46.1-510; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-479. Provisions to which every policy shall be subject but need not contain.
Every policy shall be subject to the following provisions which need not be contained therein:

1. The liability of any insurance carrier to the insured under a policy becomes absolute when loss or damage covered by the policy occurs and the satisfaction by the insured of a judgment for the loss or damage shall not be a condition precedent to the right or duty of the carrier to make payment on account of the loss or damage;

2. No policy shall be cancelled or annulled, as respects any loss or damage, by any agreement between the carrier and the insured after the insured has become responsible for the loss or damage and any attempted cancellation or annulment shall be void;

3. If the death of the insured occurs after the insured has become liable, during the policy period, for loss or damage covered by the policy, the policy shall not be terminated by the death with respect to the liability and the insurance carrier shall be liable hereunder as though death had not occurred;

4. On the recovery of a judgment against any person for loss or damage, if the person or the decedent he represents was at the accrual of the cause of action insured against the liability under the policy, the judgment creditor shall be entitled to have the insurance money applied to the satisfaction of the judgment;

5. If the death, insolvency, or bankruptcy of the insured occurs within the policy period, the policy during the unexpired portion of the period shall cover the legal representatives of the insured; and

6. No statement made by the insured or on his behalf and no violation of the terms of the policy shall operate to defeat or avoid the policy so as to bar recovery within the limits provided in this chapter.

Code 1950, § 46-498; 1958, c. 541, § 46.1-511; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-480. Reimbursement of carrier and proration of insurance.
Any policy may provide:

1. That the insured, or any other person covered by the policy, shall reimburse the insurance carrier for payments made on account of any accident, claim, or suit involving a breach of the terms, provisions, or conditions of the policy; or

2. For proration of the insurance with other applicable valid and collectible insurance.

Code 1950, § 46-499; 1958, c. 541, § 46.1-512; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-481. Binder or endorsement in lieu of policy.
Insurance carriers authorized to issue policies as provided in this chapter may, pending the issuance of the policy, execute an agreement to be known as a binder, which shall not be valid beyond sixty days from the date it becomes effective, or may, in lieu of a policy, issue an endorsement to an existing policy, each of which shall be construed to provide indemnity or protection in like manner and to the same extent as a formal policy. The provisions of this chapter apply to these binders and endorsements.

Code 1950, § 46-500; 1958, c. 541, § 46.1-513; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-482. Notification of cancellation or termination of certified policy.
When any insurance policy certified under this chapter is cancelled or terminated, the insurer shall report the fact to the Commissioner within fifteen days after the cancellation on a form prescribed by the Commissioner.

1976, c. 259, § 46.1-513.2; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-489. Regulations; appeals.
The Commissioner may, subject to the provisions of § 46.2-203, promulgate regulations which he deems necessary to carry out the provisions of this article.

Any person receiving an order of the Commissioner to suspend or revoke his driver's license or licensing privilege or to require attendance at a driver improvement clinic or placing him on probation may, within thirty days from the date of the order, file a petition of appeal in accordance with § 46.2-410.

1974, c. 453, § 46.1-514.2; 1989, c. 727; 1995, c. 672.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490. Establishment of driver improvement clinic program; application fees.
A. The Commissioner shall, in his discretion, contract with such entities as the Commissioner deems fit, including private or governmental entities, to develop curricula for a statewide driver improvement clinic program. Such program shall include instruction concerning but not limited to (i) alcohol and drug abuse, (ii) aggressive driving, (iii) distracted driving, (iv) motorcycle awareness, and (v) work zone safety. The driver improvement clinic program shall be established for the purpose of instructing persons identified by the Department and the court system as problem drivers in need of driver improvement education and training and for those drivers interested in improved driving safety. The clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers, and for the purpose of creating a lasting and corrective influence on their driving performance. The clinics shall operate in localities based on their geographical location so as to be reasonably accessible to persons attending these clinics.

B. All businesses, organizations, governmental entities or individuals that want to provide driver improvement clinic instruction as a driver improvement clinic or instructor in the Commonwealth using approved curricula shall apply to the Department to be licensed to do so, based on criteria established by the Department. Such license shall be valid for a period of two years. A nonrefundable license application fee of $150 shall be paid to the Department by all such businesses, organizations, governmental entities or individuals. A nonrefundable license fee of $40 shall also be paid for each additional clinic location operated by a clinic. A nonrefundable license fee of $75 shall be paid to the Department by a person applying for a clinic instructor license.

The first certification issued for additional clinic locations and clinic instructors shall expire on the same date the original clinic's certification expires, and the first application or license fee may be prorated on a monthly basis. Thereafter, the renewal period for any additional clinic locations and clinic instructors shall match that of the original clinic.

However, neither the license application fee for each additional clinic location nor the license application fee for a clinic instructor license shall be required of or collected from the Virginia Association of Volunteer Rescue Squads or its members in connection with clinics that are provided for emergency vehicle operation training. All such application fees collected by the Department shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

1974, c. 453, § 46.1-514.3; 1989, c. 727; 1995, c. 672; 2002, c. 177; 2004, c. 622; 2007, c. 180; 2023, cc. 308, 309.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.1. Section 46.2-391.1 not applicable.
The provisions of § 46.2-391.1 shall not apply to any person whose license or other privilege to operate a motor vehicle is suspended or revoked in accordance with the provisions of this article.

1992, c. 109.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.10. Changes in form of ownership or name.
Any change in the form of ownership or the addition or deletion of a partner shall require a new application and license. The addition or deletion of a clinic site or change in the name of a clinic shall require immediate notification to the Department and the Department may endorse the change on the license as appropriate. The change of an officer or director of a corporation shall be made at the time of license renewal.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.11. Reports, records of licensed computer-based clinic providers.
A. The Department is hereby authorized to require annual, periodical, or special reports from computer-based clinic providers the Department has authorized to conduct clinics; to prescribe the manner and form in which such reports shall be made; and to require from such computer-based clinic providers specific answers to all questions upon which the Department may deem information to be necessary. Such reports shall be under oath whenever the Department so requires. The Department may also require any computer-based clinic provider to file with it a true copy of each or any contract, agreement, or arrangement between such licensees and any person in relation to the provisions of this chapter.

B. The Department may, in its discretion, prescribe (i) the forms of any and all accounts, records, and memoranda to be kept by licensed computer-based clinic providers and (ii) the length of time such accounts, records, and memoranda shall be preserved.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.2. Repealed.
Repealed by Acts 2004, c. 622.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.3. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Computer-based clinic provider," means any clinic licensed by the Department to conduct driver improvement clinics via the Internet or other electronic means approved by the Department.

"Driver improvement clinic" or "clinic" means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety.

"Instructor" means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.4. Action on applications; hearing on denial.
The Commissioner shall act on any application for a clinic or instructor license under this chapter within 30 days after receipt by either granting or denying the application. Any applicant denied a clinic or instructor license shall, on his written request, made within 30 days, be given a hearing at a time and place determined by the Commissioner or his designee. 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 may not apply again for a license for 30 days from the date of denial of the application or outcome of the hearing.

2004, c. 622.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.5. Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties.
A. Except as otherwise provided in this section, no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied, and no monetary penalty shall be imposed pursuant to § 46.2-490.6, unless the licensee has been furnished a written copy of the complaint against him and 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, canceling, or denying renewal of a license, or imposing a monetary penalty, except as otherwise provided in subsection D of this section, 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. Except as provided in subsection D of this section, a timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, canceling or denying renewal of a license, 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 clinic address as shown in the Department's records and shall be considered served when mailed.

D. Notwithstanding the provisions of subsection B of this section, if the Commissioner makes a finding, after conducting a preliminary investigation, that the conduct of a licensee (i) is in violation of this chapter, regulations adopted pursuant to this chapter, or criteria established by the Department pursuant to this chapter, and (ii) such violation constitutes a danger to public safety, the Commissioner may issue an order suspending, revoking, or denying renewal of the instructor's license, the clinic's license, or both, as deemed appropriate by the Commissioner. Orders suspending, revoking, or denying renewal of such license pursuant to this subsection shall be effective immediately. Notice of the suspension, revocation or denial shall be in writing and mailed in accordance with subsection C of this section. 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 no longer than 30 days of receipt of the hearing request. The suspension shall remain in effect pending the outcome of the hearing.

2004, c. 622.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.6. Civil penalties.
In addition to any other sanctions or remedies available to the Commissioner under this chapter, the Commissioner may assess a civil penalty not to exceed $1,000 for any violation of any provision of this chapter, any regulation promulgated thereunder, or any criteria established by the Department pursuant to this chapter. The penalty may be sued for and recovered in the name of the Commonwealth.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.7. Acts of owners, operators, officers, directors, partners, and instructors.
If a licensee is a partnership or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a clinic license if any, owner, operator, officer, director, or trustee of the partnership or corporation, or any member in the case of a partnership, has committed any act or omitted any duty which would be cause for refusing, suspending, or revoking a license issued to him as an individual under this chapter. Each licensee shall be responsible for the acts of any of his instructors while acting as his agent, if the clinic approved of those acts or had knowledge of those acts or other similar acts and after such knowledge retained the benefit, proceeds, profits, or advantages accruing from those acts or otherwise ratified those acts.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.8. Grounds for denying, suspending, or revoking licenses of clinics and clinic instructors.
A clinic or instructor license may be denied, suspended, or revoked on any one or more of the following grounds:

1. Material misstatement or omission in an application for a driver improvement clinic license or a driver improvement clinic instructor license;

2. Failure to comply subsequent to receipt of a written warning from the Department for any willful failure to comply with any provision of this chapter or any regulation promulgated by the Commissioner under this chapter; or any criteria established by the Department pursuant to this chapter;

3. Defrauding any student in a driver improvement clinic, or any other person in the conduct of a driver improvement clinic's business;

4. Employment of fraudulent devices, methods or practices in connection with compliance with the requirements under the statutes of the Commonwealth;

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 a clinic;

7. Having been convicted of any fraudulent act in connection with a driver improvement clinic or driver training school, or any consumer-related fraud;

8. Having been convicted of any criminal act involving the operation of a driver improvement clinic or driver training school;

9. Having been convicted of a felony;

10. Failing or refusing to pay civil penalties imposed by the Department pursuant to § 46.2-490.6.

2004, c. 622.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-490.9. Unlawful acts; prosecution; proceedings in equity.
A. It shall be unlawful for any person to engage in any of the following acts:

1. Operate as a driver improvement clinic or as an instructor without holding a valid license as required by statute or regulation;

2. Make use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly licensed;

3. Perform any act or function that is restricted by statute or regulation to persons holding a driver improvement clinic or instructor license, without being duly licensed;

4. Materially misrepresenting facts in an application for a license;

5. Willfully refusing to furnish the Department information or records required or requested pursuant to statute, regulation, or criteria established by the Department pursuant to § 46.2-490.

B. In addition to the provisions of subsection A of this section, the Department may institute proceedings in equity to enjoin any person from engaging in any unlawful act enumerated in this section. Such proceedings shall be brought in the name of the Commonwealth in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides.

C. Any person who willfully engages in any unlawful act enumerated in this section shall be guilty of a Class 1 misdemeanor.

2004, c. 622.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-491. Persons included within scope of article.
This article shall apply to (i) every resident of the Commonwealth, regardless of whether he possesses a driver's license issued by the Department and (ii) every nonresident to whom the Department has issued a driver's license.

1974, c. 453, § 46.1-514.5; 1989, c. 727; 1995, c. 672.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-493. Demerit points valid for two years.
Demerit points, assigned to any conviction, or finding of not innocent in the case of a juvenile, shall be valid for a period of two years from the date the offense was committed. Demerit points used prior to the termination of the two-year period as the basis for suspension, revocation, probation, or other action which extends beyond the two-year period shall remain valid until the suspension, revocation, probationary period, or other action has terminated.

1974, c. 453, § 46.1-514.7; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-494. Safe driving point credit.
Every resident or nonresident person holding a valid Virginia driver's license whose driving record does not contain any suspension, revocation, conviction, or finding of not innocent in the case of a juvenile, of a traffic violation, during any calendar year shall be awarded one safe driving point. One safe driving point shall be awarded for each calendar year of safe driving, but no person shall be permitted to accumulate more than five safe driving points. The Commissioner shall apply these points to offset an equivalent number of demerit points, if any, to the chronologically earliest offense conviction, or finding of not innocent in the case of a juvenile, for which demerit points have been assigned and are valid. If subsequent to awarding a safe driving point to any person, the Department receives a conviction, or finding of not innocent in the case of a juvenile, for an offense which occurred during the period for which a safe driving point was awarded for and which requires the Department to assess demerit points, the safe driving point shall be invalidated.

1974, c. 453, § 46.1-514.8; 1978, c. 44; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-495. Advisory letters.
Whenever the driving record of any person who is eighteen years old or older shows an accumulation of at least eight demerit points based on convictions for traffic offenses committed within a period of twelve consecutive months, or at least twelve demerit points based on convictions for traffic offenses committed within a period of twenty-four consecutive months, respectively, the Commissioner may mail, by first-class mail, to the last known address of the person an advisory letter listing his convictions and the demerit points assigned thereto, including his safe driving points, if any, and furnish any other information deemed appropriate and applicable to the rehabilitation of the person, for the purpose of preventing subsequent traffic offenses.

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

1974, c. 453, § 46.1-514.9; 1984, c. 673; 1989, c. 727; 1995, c. 672; 1998, cc. 124, 792.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-496. Repealed.
Repealed by Acts 1995, c. 672.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-500. Driver control period.
Whenever an individual is placed on probation pursuant to §§ 46.2-498, 46.2-499 or § 46.2-506, the Commissioner shall also place the person on driver control status for a period of eighteen months following the termination of the probationary period. If the individual commits any violation during the driver control period for which points are assessed, the Commissioner shall again place the individual on probation for a period of six months and on driver control status for an additional period of eighteen months following the probationary period.

1984, c. 673, § 46.1-514.13:1; 1989, c. 727; 1995, c. 672.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-501. Notice to attend driver improvement clinic.
A. Any notice to attend a driver improvement clinic shall contain:

1. Information on how to schedule a driver improvement clinic.

2. The purpose of the driver improvement clinic, including the consequences of not attending the clinic program.

3. An explanation of the terms of the probationary licensing period.

4. A requirement stating that the clinic must be satisfactorily completed within ninety days from the date of the notice. The Commissioner may for good cause shown, and provided the person provides the Commissioner with satisfactory evidence documenting the need and soonest date of return, extend the time limit otherwise provided for attending such a clinic when the person directed to attend a driver improvement clinic is (i) attending an institution of higher education outside Virginia, and attendance is to coincide with a break in the school year of such institution of higher education, provided that jurisdiction does not offer an approved driver improvement clinic or (ii) in the military or is a military dependent and is stationed outside the United States or outside the Commonwealth in a jurisdiction that does not offer an approved driver improvement clinic.

B. The notice directing any person to attend a driver improvement clinic shall be forwarded by certified mail to the last known address of the person, as shown on the records of the Department.

1974, c. 453, § 46.1-514.14; 1989, c. 727; 1995, c. 672; 2002, c. 385.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-502. Clinic fees.
A. The Department and all businesses, organizations, governmental entities or individuals certified by the Department to provide driver improvement clinic instruction may charge a fee not to exceed $100, which shall include the processing fee set forth in subsection B of this section, to persons notified by the Department to attend a driver improvement clinic. No person shall be permitted to attend a driver improvement clinic unless the person first pays the required attendance fee to the business, organization, governmental entity or individual providing the driver improvement clinic instruction.

B. All businesses, organizations, governmental entities or individuals certified by the Department to provide driver improvement clinic instruction shall collect for the Department a processing fee of $10 from each person attending a driver improvement clinic taught by such businesses, organizations, governmental entities or individuals. Such processing fee payments shall accompany the clinic rosters submitted to the Department by such businesses, organizations, governmental entities or individuals. No such processing fee, however, shall be required or collected from members of volunteer emergency medical services agencies and volunteer fire departments who attend such clinics in order to successfully complete training for emergency vehicle operation. All fees collected by the Department under this subsection shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

1974, c. 453, § 46.1-514.15; 1984, c. 673; 1987, c. 696; 1989, c. 727; 1992, c. 459; 1995, c. 672; 1996, c. 171; 1998, c. 437; 2013, c. 326; 2015, cc. 502, 503.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-503. Suspension of privilege to operate a motor vehicle for failure to attend clinics.
The Commissioner shall suspend the privilege to operate a motor vehicle of any person who fails to satisfactorily complete a driver improvement clinic. This suspension shall remain in effect until such person satisfactorily completes the driver improvement clinic. This section shall not be applicable to persons attending clinics on a voluntary basis.

1974, c. 453, § 46.1-514.16; 1984, c. 673; 1989, c. 727; 1995, c. 672.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-504. Form and contents of order of probation, suspension or revocation; service.
Whenever the Commissioner issues a probation, suspension or revocation order in accordance with any provision of this chapter, the order shall provide the addressee with a minimum of ten days' notice and shall be served as provided in § 46.2-416.

1974, c. 453, § 46.1-514.17; 1980, c. 704; 1984, c. 673; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-505. Court may direct defendant to attend driver improvement clinic.
A. Any circuit or general district court or juvenile court of the Commonwealth, or any federal court, charged with the duty of hearing traffic cases for offenses committed in violation of any law of the Commonwealth, or any valid local ordinance, or any federal law regulating the movement or operation of a motor vehicle, may require any person found guilty, or in the case of a juvenile found not innocent, of a violation of any state law, local ordinance, or federal law, to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course as provided for in § 38.2-2217. The attendance requirement may be in lieu of or in addition to the penalties prescribed by § 46.2-113, the ordinance, or federal law. The court shall determine if a person is to receive safe driving points upon satisfactory completion of a driver improvement clinic conducted by the Department or by any business, organization, governmental entity or individual certified by the Department to provide driver improvement clinic instruction. In the absence of such notification, no safe driving points shall be awarded by the Department.

B. Notwithstanding the provisions of subsection A, no court shall, as a result of a person's attendance at a driver improvement clinic or a mature driver motor vehicle crash prevention course, reduce, dismiss, or defer the conviction of a person charged with any offense committed while operating a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.) or any holder of a commercial driver's license charged with any offense committed while operating a noncommercial motor vehicle.

C. Persons required by the court to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course shall notify the court if the driver improvement clinic or mature driver motor vehicle crash prevention course has or has not been attended and satisfactorily completed, in compliance with the court order. Failure of the person to attend and satisfactorily complete a driver improvement clinic or mature driver motor vehicle crash prevention course, in compliance with the court order, may be punished as contempt of such court.

1974, c. 453, § 46.1-514.18; 1989, c. 727; 1995, c. 672; 2002, c. 724; 2008, c. 190; 2014, c. 282.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-506. (Effective until July 1, 2026) Formal hearings; suspension for excessive point accumulation.
A. Whenever the operating record of any person shows a continued disregard of the motor vehicle laws subsequent to being placed on probation, he may be charged as a reckless or negligent driver of a motor vehicle, and cited for a formal hearing in accordance with the provisions of §§ 46.2-402 through 46.2-408. If the hearing results in the suspension of a person's driving privilege, the person shall be placed on probation at the end of the suspension period in accordance with the provisions of § 46.2-499.

B. Whenever the operating record of any person shows an accumulation of at least eighteen demerit points based on convictions, or findings of not innocent in the case of a juvenile, for traffic violations committed within any twelve consecutive months, or at least twenty-four demerit points based on convictions, or findings of not innocent in the case of a juvenile, for traffic violations committed within any twenty-four consecutive months, respectively, the Commissioner shall suspend the person's license or licenses for a period of ninety days and thereafter until he attends and satisfactorily completes a driver improvement clinic. At the end of this suspension period, the person shall be placed on probation in accordance with the provisions of § 46.2-499.

1974, c. 453, § 46.1-514.19; 1984, c. 673; 1989, c. 727; 1995, c. 672.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 6 (Titling and Registration of Motor Vehicles)
§ 46.2-600. Owner to secure registration and certificate of title or certificate of ownership.
Except as otherwise provided, for the purposes of this chapter, a moped shall be deemed a motor vehicle.

Except as otherwise provided in this chapter every person who owns a motor vehicle, trailer or semitrailer, or his authorized attorney-in-fact, shall, before it is operated on any highway in the Commonwealth, register with the Department and obtain from the Department the registration card and certificate of title for the vehicle. Individuals applying for registration shall provide the Department with the residence address of the owner of the vehicle being registered. A business applying for registration shall provide the Department with the street address of the owner or lessee of the vehicle being registered.

At the option of the applicant for registration, the address shown on the title and registration card may be either a post office box or the business or residence address of the applicant.

Unless he has previously applied for registration and a certificate of title or he is exempted under §§ 46.2-619, 46.2-626.1, 46.2-631, and 46.2-1206, every person residing in the Commonwealth who owns a motor vehicle, trailer, or semitrailer, or his duly authorized attorney-in-fact, shall, within 30 days of the purchase or transfer, apply to the Department for a certificate of ownership.

Nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any farm tractor or special construction and forestry equipment, as defined in § 46.2-100.

Notwithstanding the foregoing provisions of this section, provided such vehicle is registered and titled elsewhere in the United States, nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any vehicle located in the Commonwealth if that vehicle is registered to a non-Virginia resident active duty military service member, activated reserve or national guard member, mobilized reserve or national guard member living in the Commonwealth, or person who is serving a full-time church service or proselyting mission of not more than 36 months and who is not gainfully employed.

Code 1950, § 46-42; 1958, c. 541, § 46.1-41; 1972, c. 301; 1978, c. 402; 1980, c. 469; 1986, c. 228; 1988, c. 363; 1989, c. 727; 2003, c. 297; 2007, c. 934; 2010, c. 135; 2013, cc. 244, 367, 783; 2016, c. 428.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 6 (Titling and Registration of Motor Vehicles)
§ 46.2-600.1. Indication of special communication needs.
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 K 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.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 6 (Titling and Registration of Motor Vehicles)
§ 46.2-601. Appointment of Commissioner agent for service of process.
Each nonresident owner of a motor vehicle, trailer, or semitrailer applying for the registration thereof in the Commonwealth shall file with the application a duly executed instrument, constituting the Commissioner and his successors in office his attorney on whom all lawful process against and notice to the owner may be served in any action or legal proceeding brought as the result of the operation or use of any motor vehicle, trailer, or semitrailer registered by or for him, in the Commonwealth; and therein shall agree that any process against or notice to the owner shall have the same effect as if served on the owner within the Commonwealth. The service of the process or notice shall be made by leaving a copy of it in the office of the Commissioner with a service fee of three dollars to be taxed as a part of the costs of the suit. The Commissioner shall forthwith notify the owner of the service by letter.

Code 1950, § 46-125; 1958, c. 541, § 46.1-139; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 6 (Titling and Registration of Motor Vehicles)
§ 46.2-602.1. Titling and registration of replica vehicles.
Notwithstanding any other provision of this chapter, the model year of vehicles constructed or assembled by multiple manufacturers or assemblers shall be the model year of which the vehicle is a replica. No vehicle titled under this section shall be driven more than 5,000 miles per year as shown by the vehicle's odometer. No vehicle titled under this section shall be automatically eligible for antique motor vehicle license plates provided for in § 46.2-730.

Any vehicle registered under this section shall be subject to vehicle safety inspections as provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 and emissions inspections as provided for in Article 22 (§ 46.2-1176 et seq.) of Chapter 10. Such vehicles shall meet such safety and emission requirements as established for the model year of which the vehicle is a replica.

The Department shall assign each such vehicle a new vehicle identification number, line-make, and model year, if required.

2007, cc. 325, 393.