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2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1181. Emissions inspection; cost of repairs; waivers

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 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 which 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:
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.
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.
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 of this section, 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.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1182. Emissions inspection fees; exemption

Emissions inspection stations performing emissions inspections under subsection A of § 46.2-1178 may charge $11.40 for each emissions inspection, but such charge shall not be mandatory. Any such fee shall be paid to the emissions inspection station.
Each emissions inspection station performing emissions inspections under subsection B of § 46.2-1178 may charge for each emissions inspection an amount not to exceed $17. Any such fee shall be paid to and retained by the emissions inspection station.
Beginning at such date upon which the program becomes an enhanced emissions program, each emissions inspection station performing emissions inspections under subsection C of § 46.2-1178 may charge an amount not to exceed $28 for each emissions inspection. Any such fee shall be paid to and retained by the emissions inspection station.
Within 14 days of an initial failure of an emissions inspection performed at an emissions inspection station, the vehicle's owner shall be entitled to one free reinspection at the station or facility that conducted the original inspection.
The on-road emissions inspector performing emissions inspections under subsection C of § 46.2-1178 may charge each motor vehicle owner who elects to participate in the on-road clean screen program an amount not to exceed $28 for each emissions inspection. Any such fee shall be paid to the on-road emissions inspector. From each emissions inspection fee received by the on-road emissions inspector, a minimum of $4.50 shall be appropriated to the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.
1980, c. 469, § 46.1-326.8; 1982, c. 646; 1983, c. 85; 1984, c. 263; 1988, c. 806; 1989, c. 727; 1990, c. 522; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1995, cc. 836, 851; 2002, c. 322; 2012, cc. 216, 824.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1182.1. Additional registration fee; exemption

Beginning July 1, 1994, in addition to any other fees imposed, at the time of registration by the Department of Motor Vehicles, the owner of any motor vehicle subject to registration in Virginia and subject to the program provided for in this article by virtue of the locality in which it is registered shall pay two dollars per year.
Beginning July 1, 1995, or later if required by regulation of the Board, owners of motor vehicles which are subject to the program by virtue of the location of their base of operation or the location where they are primarily operated shall remit a fee of two dollars per vehicle per year to the Department of Environmental Quality. Payment shall be made according to procedures and on a schedule prescribed by the Department of Environmental Quality. State and local governmental units and agencies shall be exempt from the payment of fees under this subsection.
1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1995, cc. 836, 851.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1182.2. Vehicle Emissions Inspection Program Fund established; use of moneys

A special nonreverting fund known as the Vehicle Emissions Inspection Program Fund is hereby established in the state treasury.
Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to § 46.2-1182.1 shall be paid into the treasury and credited to the Vehicle Emissions Inspection Program Fund.
No moneys remaining in the Fund at the end of each fiscal year shall revert to the general fund, but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it.
The Department of Environmental Quality may release moneys from the Fund, on warrants issued by the State Comptroller, for covering the costs of the emissions inspection program, including payment to the program coordinator for contracted services. The moneys in this Fund may also be released for the purpose of long-term maintenance of air quality and the correction and prevention of nonattainment status for National Ambient Air Quality Standards through air quality programs under the direction of the Director. Any remaining funds shall be remitted for use in transportation maintenance projects so that such funds generated from localities required to have emissions inspections pursuant to subsection B of § 46.2-1178 shall have such remaining funds generated pursuant to § 46.2-1182.1 transferred on an annual basis to the Northern Virginia Transportation District. Such funds shall be used for transportation maintenance in the respective locality.
1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 2012, cc. 216, 824.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1183. Emissions inspection required prior to registration of certain vehicles; records

No vehicle subject to the provisions of this article shall be registered or reregistered until it has passed an emissions inspection or has been issued an emissions inspection waiver. Any (i) proof of compliance with emissions standards and emissions inspection requirements and (ii) emissions inspection waiver issued for any motor vehicle shall be valid for two years from the end of the month in which it is issued, regardless of any sale or trade of the motor vehicle for which either document was issued during that time, unless such motor vehicle has failed on-road testing pursuant to § 46.2-1178.1 and has not subsequently passed an emissions inspection or received a waiver. Motor vehicles being titled for the first time shall be considered to have valid emissions inspection certificates for a period of four years from the month of first titling. The Commissioner of Motor Vehicles may enter into an agreement with the Director whereby the Department of Motor Vehicles may refuse to register or reregister those motor vehicles subject to emissions inspection programs set forth in this article if the registration period for such vehicles exceeds the valid emissions inspection period by a period of time to be determined by the Director in consultation with the Department of Motor Vehicles and the Commissioner.
Owners of motor vehicles that are not registered with the Department of Motor Vehicles shall maintain such records pertaining to all vehicles located or operated in the areas specified in § 46.2-1178 as the Board may by regulation require. Such records shall contain proof of compliance with this article and be made available to the Department of Environmental Quality upon the Department's request.
1980, c. 469, § 46.1-326.9; 1981, c. 624; 1988, c. 806; 1989, c. 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1995, cc. 836, 851; 1996, cc. 35, 100; 2006, c. 729.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1184. Fleet emissions inspection stations

Any registered owner or lessee of a fleet of at least twenty vehicles may apply to the Director for a permit to establish a fleet emissions inspection station consistent with federal requirements. The Director shall not issue any fleet emissions inspection station permit until he has found that the applicant:
1. Maintains an established place of business for the applicant's fleet of vehicles;
2. Has obtained approved machinery, tools, and equipment to adequately conduct the required emissions inspection in the manner prescribed by regulations of the Board;
3. Employs properly trained and licensed personnel to perform the necessary labor; and
4. Agrees to provide test records and data as may be prescribed by the Director.
Upon issuance of a permit by the Director, the owner or lessee of the motor vehicle fleet may conduct emissions inspections of the vehicles in his fleet. No emissions inspection approval shall be issued to any fleet vehicle until it has been inspected and found to comply with applicable regulations.
No holder of a fleet emissions inspection station permit shall inspect any vehicle for which such permittee is not the registered owner or lessee.
1980, c. 469, § 46.1-326.10; 1988, c. 806; 1989, c. 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1185. Investigation of inspection stations; revocation or suspension of permits for emissions inspection stations

The Director shall investigate the operation of each emissions inspection station and fleet emissions inspection station as the conditions and circumstances of such operation indicate. He may require the holder of any permit to submit such documentation required concerning the operation of such inspection station. The Director may suspend or revoke and require the forfeiture of any emissions inspection station permit if he finds that such station is not operated in accordance with the provisions of this article and the regulations adopted by the Board or the holder of such permit has failed or refused to submit records or documentation required.
If the Director finds that any permit holder has violated any provision of this article or any order or regulation of the Board, after notice or a reasonable attempt to give notice to the permit holder, the Director may, without a hearing, suspend the permit of the emissions inspection station and require the permit holder immediately to cease performing emissions inspections. Within ten days of such action, the Director shall, after reasonable notice to the permit holder as to the time and place thereof, hold a hearing to affirm, modify, amend, or cancel the suspension and the requirement to cease performing emissions inspections. With the consent of the permit holder, the Director may forego such hearing and allow the suspension and requirement to cease performing emissions inspections to stand. If the Director finds that a permit holder is not complying with any such suspension or requirement to cease performing emissions inspections, the Director may proceed in accordance with § 46.2-1187 or § 46.2-1187.2.
Nothing in this section shall limit the Director's authority to proceed against the permit holder directly under § 46.2-1187 or § 46.2-1187.2.
1980, c. 469, § 46.1-326.11; 1988, c. 806; 1989, c. 727; 1991, c. 531; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1186. False certificate

No person shall make, issue, or knowingly use any imitation or otherwise counterfeit official certificate of emissions inspection.
No person shall issue or cause or permit to be issued any certificate of inspection knowing it to be fictitious or knowing it to have been issued for a vehicle other than the vehicle identified on the certificate.
1980, c. 469, § 46.1-326.12; 1989, c. 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1187. Penalties

Any person violating this article shall be guilty of a Class 3 misdemeanor for the first offense and fined not less than $100 nor more than $1,000 for each subsequent offense except as otherwise provided in this article. If any official emissions inspection station violates this article or regulations of the Director made pursuant hereto, the Director, in addition to or in lieu of such fine imposed by a court, may suspend the permit of the emissions inspection station or if, in the opinion of the Director, the facts warrant such action, the Director may revoke the authority and cancel the permit of such inspection station, whether or not the violation is a first offense against this article.
1980, c. 469, § 46.1-326.13; 1988, c. 806; 1989, c. 727; 1991, c. 531; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1187.1. Right of entry

Whenever it is necessary for the purposes of this article, the Executive Director or his duly authorized agent or employee at reasonable times may enter any establishment or upon any public or private property to obtain information or conduct surveys, audits, or investigations.
1991, c. 531.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1187.3. Vehicles used for investigations

Motor vehicles owned by the Commonwealth and used solely for investigations pursuant to this article may be issued the same license plates as those issued for vehicles owned by private citizens. The Executive Director shall certify under oath to the Commissioner of the Department of Motor Vehicles the vehicles to be used solely for such investigations.
1991, c. 531.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1188. Motorcycle rider safety training courses

"Motorcycle rider safety training courses" means courses of instruction in the operation of motorcycles, including instruction in the safe on-road operation of motorcycles, the rules of the road, and the laws of the Commonwealth relating to motor vehicles, for the purposes of obtaining a waiver pursuant to § 46.2-337 for (i) both two-wheeled and three-wheeled motorcycles, (ii) two-wheeled motorcycles, or (iii) three-wheeled motorcycles. Courses shall meet the requirements of this article and be approved by the Department of Motor Vehicles. Qualifying providers of such courses shall either be reimbursed for eligible costs or not be reimbursed as provided in § 46.2-1192.
1984, c. 476, § 46.1-566; 1989, c. 727; 2001, cc. 21, 27; 2004, c. 734; 2016, c. 380.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1189. Authority of the Department of Motor Vehicles

The Department of Motor Vehicles may do all things necessary to carry out the purposes of this article, including entering into contracts for administrative and other operational support for motorcycle rider safety training centers.
1984, c. 476, § 46.1-567; 1989, c. 727; 2004, c. 734.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.1. Curricula requirements

A. The curriculum used in a novice rider-training course to train novice riders shall be approved by the Department. Each participant enrolled in a novice rider-training course shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current approved curriculum.
All novice rider courses shall include a module on the effects of alcohol and other drugs on motorcycle operation, and a thorough review of Virginia laws and rules of the road applicable to motorcycles. All novice rider course participants shall be provided one copy of the course textbook and one copy of the Virginia Motorcycle Operator Manual.
B. The curriculum used to train experienced riders shall be approved by the Department. Each participant enrolled in an experienced rider course shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current approved curriculum.
All experienced rider courses shall include a module on the effects of alcohol and other drugs on motorcycle operation, and a review of Virginia laws and rules of the road applicable to motorcycles.
C. The curriculum used to train three-wheeled motorcycle riders shall be approved by the Department. Each participant enrolled in a three-wheeled motorcycle course shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current curriculum.
All three-wheeled motorcycle course participants shall include a module on the effects of alcohol and other drugs on motorcycle operation, and a thorough review of Virginia laws and rules of the road applicable to motorcycles.
D. All course participants shall be required to wear the following protective gear during on-cycle instruction:
1. A motorcycle helmet that meets the requirements of § 46.2-910;
2. Eye protection;
3. A pair of boots or shoes that cover and protect the ankles and feet;
4. A long sleeved jacket or long sleeved shirt and long pants of denim or other material of equivalent durability; and
5. A pair of full-fingered gloves of leather or other material with resistance to abrasion.
E. The maximum number of students under the supervision of any one instructor at any one time and the maximum number of students on the same range at the same time shall comply with the recommendations of the Motorcycle Safety Foundation, unless otherwise provided by the Department.
2004, c. 734; 2023, c. 361.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.2. Facilities and equipment; requirements and approval

A. A training center shall possess or have access to the use of all classroom, range, storage facilities, and equipment. A training center's facilities and equipment shall be approved by the Department and include, but not be limited to:
1. A classroom for the presentation of the off-cycle instructional portion of the novice, experienced, and three-wheeled motorcycle rider courses;
2. A paved range area for the on-cycle portion of the novice, experienced rider, and three-wheeled motorcycle courses consistent with the minimum range requirements established by the Department-approved curriculum used in the course;
3. For those agencies, organizations, businesses and individuals that apply to receive reimbursement, adequate storage to protect motorcycles and equipment from vandalism, theft, and environmental damage;
4. Audio-visual equipment; and
5. Fire extinguisher and first aid kit.
B. The training center shall be responsible for procuring and providing a minimum of one motorcycle per student. Each such motorcycle shall be of a type that may lawfully be operated on the highways of the Commonwealth and shall comply with the specifications recommended by the Motorcycle Safety Foundation, unless otherwise provided by the Department. Each participant in the experienced rider course shall provide a motorcycle for use in the course. One three-wheeled motorcycle, provided by either a participant or the training center, shall be required for use by every two students in the three-wheeled motorcycle course.
C. The training center shall be responsible for the normal maintenance and repair of all motorcycles it provides for each novice rider and three-wheeled motorcycle course participant. All motorcycles used in course instruction shall pass a safety inspection performed by the instructors prior to use in any motorcycle rider-training course.
D. The Department, or its authorized agent, shall inspect and approve each training center's facilities and equipment prior to issuance or renewal of a license. Even if a motorcycle meets the criteria under subsection B, the Department or its authorized agent may deny its use by motorcycle rider safety training centers if it is deemed unsafe by the Department. A motorcycle may be deemed unsafe because of modification, damage, lack of maintenance, nonstandard configuration, or any other substantial safety reason.
2004, c. 734; 2007, c. 190; 2013, c. 111; 2023, c. 361.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.3. Instructor qualifications

A. Training centers shall employ only motorcycle safety instructors who meet the following minimum qualifications:
1. Have a current, valid driver's license, endorsed for motorcycle operation, that is neither suspended, revoked, cancelled, nor under probation, with less than six demerit points in a 12-month period and no conviction for any of the offenses enumerated in subsection E of § 18.2-270;
2. Be a valid training course instructor, as approved by the Department, which includes:
a. Having instructor certification to teach the current curriculum approved by the Department;
b. Attending all required program clinics offered by the Department that provide continuously updated course instructor and motorcycle safety education; and
c. Avoiding putting course participants or others associated with course instruction in physical danger during periods of instruction through the use of appropriate instruction techniques and methods;
3. Conduct themselves in a professional manner, including, but not limited to, using appropriate language and having interactions with participants and others involved in the course that are free from threat and intimidation; and
4. Comply with other requirements specified in this article.
B. The requirements of subsection A of this section shall not apply to those persons who are valid training course instructors prior to being stationed outside the United States, during the period of such person's service, if any, in the armed services of the United States, and 60 days thereafter. However, no such temporary exemption granted under this section shall exceed five years. Any person who receives a temporary exemption under this section shall provide documentary or other proof that he is entitled to the benefits of this section, and shall be required to meet the requirements of subsection A of this section prior to being eligible to provide course instruction.
2004, c. 734; 2013, c. 226.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.4. Administrative and reporting requirements

A. Training centers shall be responsible for verifying that all participants are eligible for enrollment in a course under the program, based on the following:
1. Persons enrolling in a novice rider course shall (i) possess a valid learner's permit or valid driver's license; (ii) have written parental or guardian permission if under the age of 18 years of age; and (iii) be physically able to balance and operate a motorcycle.
2. Persons enrolling in an experienced rider course shall (i) possess a valid driver's license endorsed for motorcycle operation; (ii) have written parental or guardian permission if under the age of 18; (iii) use a motorcycle that may lawfully be operated on the highways of the Commonwealth during course training; and (iv) have valid proof of ownership of such motorcycle, or have its owner's written permission to use it and valid proof of insurance.
3. Persons enrolling in a three-wheeled motorcycle course shall (i) possess a valid learner's permit or a valid driver's license; (ii) have written parental or guardian permission if under the age of 18; (iii) use a three-wheeled motorcycle that may lawfully be operated on the highways of the Commonwealth during course training; and (iv) if providing their own three-wheeled motorcycle, have valid proof of ownership of such three-wheeled motorcycle, or have its owner's written permission to use it and valid proof of insurance.
B. Training centers shall provide the following information to the Department on each course within 20 business days of course completion, on forms provided by the Department:
1. The type of course and date of completion;
2. The name, address, social security number, and certification number of each instructor;
3. The name, address, driver's license number, and date of birth of all participants enrolled in each course; and
4. The course completion status of each participant.
C. The training center shall issue a Department-approved certificate of completion to each participant who successfully completes a course in the program.
D. Training centers shall (i) retain a copy of each participant's waiver form and original course evaluation form and (ii) establish and maintain records of course administration, including the information outlined in subsection B, for a three-year period following the course completion. The Department may audit course records, and monitor and evaluate any and all aspects of a training center's operation.
2004, c. 734; 2023, c. 361.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.6. Other grounds for denying, suspending, or revoking licenses

A license issued pursuant to this article may be denied, suspended, or revoked on any one or more of the following grounds, where applicable:
1. Material misstatement or omission in application for license;
2. Failure to comply subsequent to receipt of a written notice from the Department or any willful failure to comply with a lawful order, any provision of this article, or any term, condition, or restriction of a license;
3. Failure to comply with zoning or other land use regulations, ordinances, or statutes;
4. Use of deceptive business acts or practices;
5. Knowingly advertising 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 is held or sought;
6. Having been found, through a judicial or administrative hearing, to have committed fraudulent or deceptive acts in connection with the training center for which a license is held or sought, or any consumer-related fraud;
7. Having been convicted of any criminal act involving the training center for which a license is held or sought;
8. Improper assignment, lending, or otherwise allowing the improper use of a license;
9. Any corporate officer, owner, administrator and any individual authorized to obligate the training center having been convicted of a felony;
10. Any corporate officer, owner, administrator and any individual authorized to obligate the training center having been convicted of any misdemeanor involving lying, cheating, stealing, or moral turpitude;
11. Failure to furnish the Department information, documentation, or records required or requested pursuant to this article;
12. Knowingly and willfully filing any false report, account, record, or memorandum;
13. Willfully altering or changing the appearance or wording of a training center license or a course completion certificate;
14. Failure to provide services in accordance with the terms, limitations, conditions, or requirements of the license; or
15. Failure to comply with other state and federal requirements relating to training center operations.
2004, c. 734.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1190.7. Civil penalties

In addition to any other penalties or remedies available to the Commissioner under this article, the Commissioner may assess a civil penalty for any violation of any provision of this article not to exceed (i) $5,000 for training centers that are not reimbursed or (ii) the amount of funds disbursed to a training center for eligible costs, as set forth in § 46.2-1192. The penalty may be sued for and recovered in the name of the Commonwealth.
Any business, individual or entity operating a training center without a valid license issued by the Department after its license was suspended or revoked shall be subject to a civil penalty of $10,000.
2004, c. 734.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1191. Motorcycle Rider Safety Training Program Fund

To finance the cost of the Motorcycle Rider Safety Training Program, the Department of Motor Vehicles shall deposit the fee collected for the issuance of each motorcycle learner's permit and $3 of the fee collected for the issuance of each motorcycle registration and all motorcycle driver's license endorsement fees into a special fund to be known as the Motorcycle Rider Safety Training Program Fund. The Department shall use the Fund as necessary for: (i) the costs of the Department of Motor Vehicles incurred in the administration of this article, (ii) the funding of licensed, approved regional cycle rider safety training centers for the conducting of courses, as set forth in § 46.2-1192 and (iii) any other purposes related to the administration of this article, including contractual costs related to administrative and other operational support for the reimbursed training centers.
1984, c. 476, § 46.1-569; 1989, c. 727; 1997, cc. 104, 493; 1998, c. 322; 2004, c. 734.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 10 - Motor Vehicle and Equipment Safety › § 46.2-1192. Issuance and renewal of licenses by Department; payments to regional training centers

The Department of Motor Vehicles is authorized to issue or renew licenses for regional motorcycle rider safety training centers for the conducting of motorcycle rider safety training courses, and to make payments in fulfillment of those licenses requiring reimbursement from funds appropriated from the Motorcycle Rider Safety Training Program Fund. The Department shall determine the number of such reimbursed licenses issued or renewed based on (i) the training centers meeting the requirements set forth in this article, (ii) regional demand for such training, and (iii) availability of funding. Costs eligible for reimbursement, method of payment, and required documentation associated with such payment shall be specified by the Department at the time the license is issued or renewed. Such licenses shall be valid for the period specified, but shall not exceed three years.
Those licenses issued or renewed for providers of such training courses that do not require reimbursement shall be awarded based on the training centers meeting the requirements set forth in this article. Such licenses shall be valid for the period specified, but shall not exceed three years.
No license shall be transferred or assigned as a result of any change in (i) the individual who is authorized to obligate the training center, (ii) ownership or (iii) officers in a corporation or other business entity without the approval of the Department. Such approval shall be based on the licensing requirements set forth in this article.
1984, c. 476, § 46.1-570; 1989, c. 727; 2004, c. 734; 2013, c. 226.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1200. Definitions

As used in this article:
"Abandoned motor vehicle" means a motor vehicle, trailer, or semitrailer that:
1. Weighs at least 75 pounds; and
2. (i) Is left unattended on public property for more than 48 hours in violation of a state law or local ordinance;
(ii) has remained for more than 48 hours on private property without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property; or
(iii) is left unattended on the shoulder of a primary highway.
"Scrap metal processor" means any person who is engaged in the business of processing motor vehicles into scrap for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
"Vehicle removal certificate" means a transferable document issued by the Department for any abandoned motor vehicle that authorizes the removal and destruction of the vehicle.
1968, c. 421, § 46.1-555.1; 1978, c. 348; 1989, c. 727; 1997, c. 431; 2009, c. 664; 2011, cc. 487, 824; 2020, c. 977.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1200.1. Abandoning motor vehicles prohibited; penalty

No person shall cause any motor vehicle to become an abandoned motor vehicle as defined in § 46.2-1200. In any prosecution for a violation of this section, proof that the defendant was, at the time that the vehicle was found abandoned, the owner of the vehicle shall constitute in evidence a rebuttable presumption that the owner was the person who committed the violation. Such presumption, however, shall not arise if the owner of the vehicle provided notice to the Department, as provided in § 46.2-604, that he had sold or otherwise transferred the ownership of the vehicle.
A summons for a violation of this section shall be executed by mailing a copy of the summons by first-class mail to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. If the person fails to appear on the date of return set out in the summons, a new summons shall be issued and delivered to the sheriff of the county, city, or town for service on the accused personally. If the person so served then fails to appear on the date of return set out in the summons, proceedings for contempt shall be instituted.
Any person convicted of a violation of this section shall be subject to a civil penalty of no more than $500.
All penalties collected under this section shall be paid into the state treasury to be credited to the Literary Fund as provided in § 46.2-114.
1990, c. 725; 2020, cc. 964, 965.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1200.2. Vehicles registered to active duty military personnel

Whenever a vehicle is shown by the Department records to be owned by a person who has indicated that he is on active military duty or service, the Department shall include such information in response to requests for vehicle information pursuant to the requirements of this chapter.
Notwithstanding any provisions of this chapter, any person disposing of a vehicle under the provisions of this chapter shall determine whether the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (the Act) apply to the circumstances of such disposition. The presence on a vehicle record of an indicator that the owner is on active military duty or service shall be an indication that the Act may apply. However, should the person determine that the Act applies, the indicator on the vehicle record shall not satisfy any obligation under the Act to ascertain the owner's military status, nor shall the absence of an indicator suffice to establish that the owner is not on active military duty or service.
2008, c. 171; 2021, Sp. Sess. I, c. 374.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1200.3. Limitation on removal and sale of abandoned vehicles

No person may remove or sell any abandoned vehicle left on public property or the shoulder of a primary highway unless such person is acting pursuant to an agreement for such removal or sale with a local government entity or law-enforcement agency and has actual possession of the vehicle.
2021, Sp. Sess. I, c. 374.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1201. Ordinances

The governing body of any county, city, or town may provide by ordinance for taking abandoned vehicles into custody and disposing of them in accordance with this article.
Any county, city, or town may take any abandoned motor vehicle into custody. The locality may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities, or firms or corporations that may be independent contractors for removing, preserving, storing, and selling at public auction abandoned motor vehicles.
1968, c. 421, §§ 46.1-555.2, 46.1-555.3; 1989, c. 727; 1997, c. 150.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1202.1. Vehicle Removal Certificates

The person in possession of an abandoned vehicle shall obtain from the Department in a manner prescribed by the Commissioner, a Vehicle Removal Certificate at no fee. If the Department finds no record for the vehicle, the vehicle may then be sold or transferred to a licensee or a scrap metal processor, as defined in § 46.2-1600. Upon such sale or transfer, the completed Vehicle Removal Certificate and receipt produced pursuant to § 46.2-1202 shall be given to the licensee or scrap metal processor.
2009, c. 664; 2021, Sp. Sess. I, c. 374.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1202.2. Notice of intent to auction and sale of vehicle; posting requirements

If the person in possession of an abandoned vehicle does not intend to sell or transfer the vehicle to a licensee, as defined in § 46.2-1600, or a scrap metal processor and the abandoned vehicle is not reclaimed as provided for in § 46.2-1202, the person in possession of an abandoned vehicle shall post notice for at least 21 days of his intent to auction the vehicle. Postings of intent shall be in an electronic manner prescribed by the Commissioner and shall include the vehicle identification number and a description of each vehicle to be sold.
After the posting period has passed, and notwithstanding the provisions of § 46.2-617, the vehicle may be sold at auction. A purchaser of the vehicle at auction may apply for a title for such vehicle upon payment of the applicable fees and taxes, and by supplying the Department with the completed Vehicle Removal Certificate and the receipt produced pursuant to § 46.2-1202.
If the vehicle does not sell at auction, the person in possession of the abandoned vehicle may apply for a title for such vehicle upon payment of the applicable fees and taxes, and by supplying the Department with the completed Vehicle Removal Certificate, the receipt produced pursuant to § 46.2-1202, and a written statement that the vehicle did not sell at auction.
2021, Sp. Sess. I, c. 374.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1203. Sale of vehicle at public auction by locality; disposition of proceeds

If an abandoned vehicle in the possession of a locality or an authorized agent is not reclaimed as provided for in § 46.2-1202, the locality or its authorized agent shall, notwithstanding the provisions of § 46.2-617, sell it at public auction. For the purposes of this article, "public auction," when conducted by any county, city, or town, shall include an Internet sale by auction. The purchaser of the vehicle shall take title to the vehicle free of all liens and claims of ownership of others, shall receive a sales receipt from the sale, and shall be entitled to apply to and receive from the Department a certificate of title and registration card for the vehicle upon submission of the sales receipt, the completed Vehicle Removal Certificate, and the receipt produced by the Department pursuant to § 46.2-1202. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary; however, such demolisher shall provide the Department acceptable documentation indicating that the vehicle has been demolished. From the proceeds of the sale of an abandoned vehicle the locality or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the abandoned vehicle in custody, and all costs, if any, incurred pursuant to § 46.2-1202. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned vehicle or any person having security interests in the vehicle, as their interests may appear, for 60 days, and then be deposited into the treasury of the locality in which the abandoned vehicle was abandoned.
1968, c. 421, § 46.1-555.5; 1989, c. 727; 2004, c. 369; 2013, c. 241; 2021, Sp. Sess. I, c. 374.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1205. Disposition of inoperable abandoned vehicles

A. For the purposes of this section, "demolisher" has the meaning ascribed to it in § 46.2-1600.
B. Notwithstanding any other provisions of this article, any inoperable motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer which has been taken into custody pursuant to other provisions of this article may be disposed of to a demolisher, without the title and without the notification procedures, by the person or locality on whose property or in whose possession the motor vehicle, trailer, or semitrailer is found. Such demolisher shall be properly licensed under the provisions of Chapter 16 (§ 46.2-1600 et seq.). The demolisher, on taking custody of the inoperable abandoned motor vehicle, shall notify the Department on forms and in the manner prescribed by the Commissioner. Notwithstanding any other provision of law, no other report or notice shall be required in this instance.
1968, c. 421, § 46.1-555.7; 1972, c. 375; 1974, c. 454; 1989, c. 727; 2014, c. 58.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1207. Certification of disposal; reimbursement of locality by Commissioner

On certification by a locality on forms provided by the Department that an inoperable abandoned motor vehicle left on property within the locality has been disposed of as provided in § 46.2-1205 or that an inoperable motor vehicle has been removed from the vehicle owner's property and disposed of by the locality or its authorized agent, the Commissioner shall reimburse the locality fifty dollars for each such motor vehicle disposed of at the expense of the locality. These reimbursements shall be made from appropriations made in the general appropriations act. In the event the appropriation is insufficient to satisfy requests for reimbursement, payments shall be made in chronological order on the basis of the date on which the requests were received. No payments, however, shall be made for requests received on any date until adequate funds are available to pay all requests received on that date. The Commissioner may promulgate regulations necessary to carry out the provisions of this section. These regulations shall include the requirement of the identification number or motor number of the vehicle for which reimbursement is applied, or an acceptable reason why that number is not furnished.
No reimbursement shall be made to any locality for vehicles which it acquires from sources outside its jurisdiction nor for vehicles it receives from dealers engaged in the business of dismantling used automobiles.
1974, c. 454, § 46.1-555.9; 1976, c. 196; 1986, cc. 10, 553; 1989, c. 727; 1990, c. 207; 2006, c. 603.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1210. Motor vehicles immobilized by weather conditions, accidents, or emergencies

Whenever any motor vehicle, trailer, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer is immobilized on any roadway by weather conditions, due to an accident that does not result in injury or death, or by other emergency situations, the Department of Transportation, individuals, or entities acting on behalf of a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1 or individuals or entities acting 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 may move or have the vehicle removed to some reasonably accessible portion of the right-of-way off the roadway. Disposition thereafter shall be effected as provided by § 46.2-1209.
Code 1950, § 46-5; 1952, c. 508; 1958, c. 541, § 46.1-2; 1964, c. 103; 1972, cc. 267, 402, 408; 1976, c. 454; 1978, cc. 47, 605; 1988, c. 293; 1989, cc. 256, 727; 2017, c. 350.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking › § 46.2-1211. Removal of motor vehicles obstructing movement; storage; payment of costs

Whenever any motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer interferes with the free ingress, egress, or movement on any premises, driveway, or parking area, without the permission of the owner of that property, any law-enforcement officer or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee may remove it or have it removed to a storage area for safekeeping and shall report the removal to the Department and to the owner of the motor vehicle, trailer, semitrailer, or other vehicle as promptly as possible. Before obtaining the possession of his property, the owner shall pay to the parties entitled thereto all costs incidental to its removal or storage.
1974, c. 589, § 46.1-2.1; 1989, c. 727; 2012, c. 474.