reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1574. Acts of officers, directors, partners, and salespersons

If a licensee or registrant is a partnership or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license or certificate of dealer registration that any officer, director, or trustee of the partnership or corporation, or any member in the case of a partnership or the dealer-operator, has committed any act or omitted any duty which would be cause for refusing, suspending, or revoking a license or certificate of dealer registration issued to him as an individual under this chapter. Each licensee or registrant shall be responsible for the acts of any of his salespersons while acting as his agent, if the licensee 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.
1988, c. 865, § 46.1-550.5:33; 1989, c. 727.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1576. Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qualification; notice and hearing

A. Except as provided in § 46.2-1527.7 and subsections B and C of this section, no license or certificate of dealer registration or qualification issued under this subtitle shall be suspended or revoked, or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee, registrant, or qualifier against whom the same is directed and a public hearing thereon has been had before a hearing officer designated by the Board. At least ten days' written notice of the time and place of the hearing shall be given to the licensee, registrant, or qualifier by registered mail addressed to his last known post office address or as shown on his license or certificate or other record of information in possession of the Board. At the hearing the licensee, registrant, or qualifier shall have the right to be heard personally or by counsel. The hearing officer shall provide recommendations to the Board within ninety days of the conclusion of the hearing. After receiving the recommendations from the hearing officer, the Board may suspend, revoke, or refuse to renew the license or certificate in question. A Board member shall disqualify himself and withdraw from any case in which he cannot accord fair and impartial consideration. Any party may request the disqualification of any Board member by stating with particularity the grounds upon which it is claimed that fair and impartial consideration cannot be accorded. The remaining members of the Board shall determine whether the individual should be disqualified. Immediate notice of any suspension, revocation, or refusal shall be given to the licensee, registrant, or qualifier in the manner provided in this section in the case of notices of hearing.
B. Should a dealer fail to maintain an established place of business, the Board may cancel the license of the dealer without a hearing after notification of the intent to cancel has been sent, by return receipt mail, to the dealer at the dealer's residence and business addresses, and the notices are returned undelivered or the dealer does not respond within twenty days from the date the notices were sent. Any subsequent application for a dealer's license shall be treated as an original application.
C. Should a dealer fail or refuse to pay civil penalties imposed by the Board pursuant to § 46.2-1507, the Board may deny, revoke, or suspend the dealer's license without a hearing after notice of imposition of civil penalties has been sent, by certified mail, return receipt requested, to the dealer at the dealer's business address and such civil penalty is not paid in full within thirty days after receipt of the notice.
1988, c. 865, § 46.1-550.5:35; 1989, c. 727; 1990, c. 197; 1995, cc. 767, 816; 1996, cc. 639, 658; 1999, c. 217.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1577. Appeals from actions of the Board

Any person aggrieved by the action of the Board in refusing to grant or renew a license or certificate of dealer registration or qualification issued under this chapter, or by any other action of the Board which is alleged to be improper, unreasonable, or unlawful under the provisions of this chapter is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1988, c. 865, § 46.1-550.5:36; 1989, c. 727; 1990, c. 197; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1578. Appeals to Court of Appeals; bond

Either party may appeal from the decision of the court under § 46.2-1577 to the Court of Appeals. These appeals shall be taken and prosecuted in the same manner and with like effect as is provided by law in other cases appealed as a matter of right to the Court of Appeals.
1988, c. 865, § 46.1-550.5:37; 1989, c. 727; 1990, c. 197; 1996, c. 573.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1579. Equitable remedies not impaired

The remedy at law provided by §§ 46.2-1577 and 46.2-1578 shall not in any manner impair the right to applicable equitable relief. That right to equitable relief is hereby preserved, notwithstanding the provisions of §§ 46.2-1577 and 46.2-1578.
1988, c. 865, § 46.1-550.5:38; 1989, c. 727.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1582. Enforcement; regulations

A. The Board may promulgate regulations reasonably necessary for enforcement of this article.
B. In addition to any other sanctions or remedies available to the Board under this chapter, the Board may assess a civil penalty not to exceed $1,000 for any single violation of this article. Each day that a violation continues shall constitute a separate violation.
C. The authority granted in this article shall be in addition to and not a substitute for the powers and authority granted pursuant to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
1989, c. 308, § 46.1-550.5:41; 1995, cc. 767, 816; 2020, c. 706.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1583. Definitions

As used in this article, unless the context requires a different meaning:
"Certificate of qualification" means a designation issued by the Board acknowledging that the individual has been certified by the Board as an independent dealer-operator pursuant to § 46.2-1511.
"Course" means a course of study leading to recertification for independent dealer-operators offered by correspondence, electronically, or in person.
"Course provider" or "provider" means any person or entity presenting or offering one or more recertification education courses.
"Exam" or "examination" means a test administered by the Board.
"Executive Director" means the Executive Director of the Board.
"Independent dealer-operator" means the individual who works at the established place of business of an independent motor vehicle dealer and who is responsible for and in charge of day-to-day operations of that place of business.
"Independent motor vehicle dealer" or "independent dealer" means a dealer in used motor vehicles that is not also licensed as a franchised motor vehicle dealer.
"Original application" means an application for an independent dealer-operator certificate of qualification from an applicant who has never been issued an independent dealer-operator certificate of qualification in Virginia or whose Virginia independent dealer-operator certificate of qualification has been expired for more than 60 days.
"Recertification" means completing the requirements of this article to recertify an independent dealer-operator certificate of qualification.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1584. Recertification Notice

A. The Board shall transmit a recertification notice to the home address, email address of record, or digitally to an independent dealer-operator at least 90 days prior to the expiration date of his certificate of qualification. Failure to receive a recertification notice does not absolve the independent dealer-operator from the recertification requirements.
B. Independent dealer-operators shall maintain the original copy of the proof of completion of a recertification course or exam for a period of five years.
C. Continuing education or a course required by a disciplinary order may not be used to satisfy recertification requirements.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1585. Recertification schedule

A. Independent dealer-operator certificates of qualification are valid for 24 months and shall expire on the last day of the twenty-fourth month. Certificates of qualification shall be deemed not to have expired if the recertification is completed within 60 days of the expiration date.
B. Independent dealer-operators may complete the recertification requirement up to six months prior to the expiration date of their certificate of qualification.
C. The Executive Director may for good cause grant an extension for the completion of the recertification requirements, provided that a written request from the independent dealer-operator is received by the Executive Director at least 15 days prior to the expiration date. Such extension shall not relieve the licensee of the recertification requirement.
D. Any application received from an applicant whose certificate has expired shall be considered an original application.
E. For independent dealer-operators who have served outside of the United States in the United States Armed Services, the certification shall be deemed not to have expired if the recertification requirement has been completed not more than 90 days from the date they are no longer serving outside of the United States in the United States Armed Services.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1586. Recertification requirements

A. To become recertified, an independent dealer-operator shall (i) complete one live instructor-led course certified by the Board with at least four hours of instruction and (ii) pass an examination that may be administered in person or virtually. Such course may be attended in person or virtually, provided that any virtual participation shall require the participant to view the instructor and be viewed by the instructor throughout the course. The Board shall ensure that any such course is available at least monthly.
B. The provisions of this section shall not apply to any independent dealer-operator who completes a training program approved by the Executive Director and administered by a dealer that employs at least 50 licensed salespersons in the Commonwealth. Any such training program shall not be subject to the requirements of §§ 46.2-1587 and 46.2-1588.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1587. Course provider approval

A. The Board may approve a course provider, provided that:
1. The course provider has submitted an application to the Board prior to offering the course;
2. The submitted application includes at a minimum the following information:
a. Name of provider;
b. Proposed course schedule, including locations (as applicable);
c. Charges to participants;
d. Description of the provider's course curriculum and objectives;
e. Credentials of faculty members;
f. Method of delivery;
g. Evaluation procedure;
h. Mechanism for recordkeeping; and
i. Any such information as the Board deems necessary to assure quality and compliance;
3. The course provider's course curriculum includes the following:
a. Ethical practice;
b. Recordkeeping;
c. Recent state and federal laws and regulations;
d. Review of relevant federal regulations;
e. Titling and registration requirements, including use of dealer-related license plates;
f. Offsite sales;
g. Financing;
h. Dealer practices;
i. Salespersons licenses; and
j. Advertising; and
4. A course containing content that promotes, sells, or offers goods, products, or services shall not be approved. However, the course provider may promote goods, products, or services at the conclusion of a course, provided that it is made clear to participants that the course has concluded and that attendance at any additional presentations is optional.
B. The Board shall notify the course provider within 60 days following the receipt of a completed application of approval or disapproval of a course.
C. The Board shall periodically review and monitor course providers and courses.
D. Any changes in the information previously provided about an approved course or course provider shall be submitted to the Board. The Board may withdraw its approval of the course provider or course for a failure to do so.
E. The Executive Director has the authority to suspend the approval of any course or course provider and the Board may withdraw approval for good cause.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1588. Course provider responsibilities

Approved course providers shall:
1. Provide to each participant who successfully completes the required recertification course a certificate providing, at a minimum, (i) the name of the provider, (ii) name of the participant, and (iii) the date of completion;
2. Maintain all records on courses and participants for a period of five years and make those records available to the Board upon request;
3. Enter the names of participants completing the course into a database as directed by the Board within five days of the participant's completion of the course; and
4. Collect the recertification application fee from applicants and transmit such fee to the Board as directed by the Board within 15 days of receiving the fee from the applicant.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1589. Fees

A. The recertification application fee shall be $50 for taking the course and shall be paid directly to the course provider.
B. The fee for returned checks shall be $35.
C. In addition to the recertification application fee, course providers may charge applicants a course fee of no more than $300.
D. The recertification application fee for taking the exam shall be $50 and shall be paid at the time the exam is administered.
2022, c. 574.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1601. Licensing of dealers of salvage vehicles; fees

A. It shall be unlawful for any person to engage in business in the Commonwealth as an auto recycler, salvage pool, or vehicle removal operator without first acquiring a license issued by the Commissioner for each such business at each location. The fee for the first such license issued or renewed under this chapter shall be $100 per license year or part thereof. The fee for each additional license issued or renewed under this chapter for the same location shall be $25 per license year or part thereof. However, no fee shall be charged for supplemental locations of a business located within 500 yards of the licensed location.
B. No license shall be issued or renewed for any person unless (i) the licensed business contains at least 600 square feet of enclosed space, (ii) the licensed business is shown to be in compliance with all applicable zoning ordinances, and (iii) the applicant may (a) certify to the Commissioner that the licensed business is permitted under a Virginia Pollutant Discharge Elimination System individual or general permit issued by the Department of Environmental Quality for discharges of storm water associated with industrial activity and provides the permit number(s) from such permit(s) or (b) certify to the Commissioner that the licensed business is otherwise exempt from such permitting requirements. Nothing in this section shall authorize any person to act as a motor vehicle dealer or salesperson without being licensed under Chapter 15 (§ 46.2-1500 et seq.) and meeting all requirements imposed by such chapter.
C. Licenses issued under this section shall be deemed not to have expired if the renewal application and required fees as set forth in subsection A are received by the Commissioner or postmarked not more than 30 days after the expiration date of such license. Whenever the renewal application is received by the Commissioner or postmarked not more than 30 days after the expiration date of such license, the license fees shall be 150 percent of the fees provided for in subsection A.
D. The Commissioner may offer an optional multiyear license for any license set forth in this section. When such option is offered and chosen by the licensee, all fees due at the time of licensing shall be multiplied by the number of years for which the license will be issued.
1988, c. 865, § 46.1-550.7:1; 1989, c. 727; 1990, c. 197; 1992, c. 148; 1999, c. 53; 2009, c. 664; 2014, c. 58; 2015, cc. 33, 177; 2022, c. 356.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1601.1. Advertising and display of license; business hours

A. Any license issued under this chapter shall be conspicuously displayed at the licensed place of business.
The licensee shall display his usual business hours at the licensed place of business. The hours shall be posted and maintained conspicuously on or near the main entrance of each place of business. Each licensee shall include his usual business hours on the original and every renewal application for a license issued under this chapter. Changes to these hours shall be immediately filed with the Commissioner.
B. The purchase, sale, transport, delivery, removal, or receipt of a salvage or nonrepairable vehicle or the major component parts of such vehicle shall not be advertised to the public unless the advertiser is a licensee or an individual authorized to dispose of a salvage vehicle under subdivision B 2 of § 46.2-1602. The licensee advertiser shall display in such advertisement its license number issued under this chapter.
C. Advertisements by a licensee, subject to the provisions of subsection B, in a newspaper, on a website, or by any other means of electronic communication for the purchase, sale, transport, delivery, removal, or receipt of any salvage or nonrepairable vehicle or the major component parts of such vehicle shall clearly state the correct company name, physical address, telephone number, and license number issued under this chapter.
2014, c. 58; 2015, cc. 240, 254.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1601.2. Acts of officers, directors, and partners

If a licensee is a partnership or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license that any 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.
2014, c. 58.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1601.3. Grounds for denying, suspending, or revoking licenses

The Commissioner may deny, suspend, or revoke a license under this chapter on any one or more of the following grounds:
1. Material misstatement or omission in application for license, certificate of title, salvage certificate, or nonrepairable certificate;
2. Failure to comply subsequent to receipt of a written warning from the Commissioner;
3. Failure to comply with the requirements of subsection B of § 46.2-1601;
4. Defrauding any retail buyer, to the buyer's damage, or any other person in the conduct of the licensee's business;
5. Having used deceptive acts or practices;
6. Knowingly advertising by any means any assertion, representation, or statement of fact which is untrue, misleading, or deceptive in any particular relating to the conduct of the business licensed for which a license is sought;
7. Having been convicted of any fraudulent act in connection with the business of selling vehicles, vehicle parts, or major components;
8. Having been convicted of any criminal act involving the business of selling vehicles, vehicle parts, or major components;
9. Willfully retaining in his possession title to a motor vehicle or a salvage certificate that has not been completely and legally assigned to him;
10. Having been convicted of a felony;
11. Having been convicted of larceny of a vehicle or receipt or sale of a stolen vehicle;
12. Having been convicted of odometer tampering or any related violation;
13. Having been convicted of a violation of § 46.2-1074 or 46.2-1075;
14. Failure to comply with federal reporting requirements pursuant to subsection G of § 46.2-1603.1;
15. Failure or refusal to pay civil penalties imposed by the Commissioner pursuant to § 46.2-1609;
16. Failure to comply with the requirements of § 46.2-1205;
17. Failure to comply with the requirements of § 46.2-1608.2; or
18. Failure to comply with any other provision of this chapter.
Suspension or revocation under this section shall only be imposed on the specific business found to be in violation.
2014, c. 58.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1602. Certain sales prohibited; exceptions

A. It shall be unlawful:
1. For any scrap metal processor to sell a vehicle or vehicle components or parts;
2. For any salvage pool to sell either in person or through any Internet auction a salvage vehicle stored in the Commonwealth to any person who is not licensed as an auto recycler, motor vehicle dealer, or vehicle removal operator by the Commonwealth or regulated as a similar business under the laws of another state;
3. For any person to sell a nonrepairable vehicle to any person who is not licensed as an auto recycler or vehicle removal operator by the Commonwealth or regulated as a similar business under the laws of another state; or
4. For any person to sell a rebuilt vehicle without first having disclosed the fact that the vehicle is a rebuilt vehicle to the buyer in writing on a form prescribed by the Commissioner.
B. Notwithstanding the provisions of subsection A of this section, it shall not be unlawful:
1. For a salvage dealer to sell vehicle components or parts to unlicensed persons; or
2. For an individual to dispose of a salvage vehicle acquired or retained for his own use when it has been acquired or retained and used in good faith and not for the purpose of avoiding the provisions of this chapter.
1979, c. 401, § 46.1-550.6; 1988, cc. 842, 865; 1989, c. 727; 1992, c. 148; 2015, cc. 33, 177.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1602.1. Duties of insurance companies upon acquiring certain vehicles

Except as otherwise provided in § 46.2-1602.3, every insurance company which acquires, as a result of the claims process, any late model vehicle titled in the Commonwealth or any recovered stolen vehicle whose estimated cost of repair exceeds 75 percent of its actual cash value shall apply to and obtain from the Department either (i) a salvage certificate or certificate of title as provided in § 46.2-1603 or (ii) a nonrepairable certificate as provided in § 46.2-1603.2 for each such vehicle. An insurance company may apply to and obtain from the Department either a salvage certificate as provided in § 46.2-1603 or a nonrepairable certificate as provided in § 46.2-1603.2 for any other vehicle which is determined to be either a salvage vehicle or a nonrepairable vehicle.
1992, c. 148; 1993, c. 376; 2000, cc. 235, 257; 2023, cc. 364, 365.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1602.2. Exemptions

A repairable vehicle, as defined in § 46.2-1600, shall be exempt from the remaining provisions of this chapter, provided that the insurance company responsible for repair (i) notifies the Department of each late model vehicle declared repairable, and that (ii) upon discovery by the Department that such vehicle was incorrectly designated as a repairable vehicle, the Department may require that vehicle's certificate status be corrected.
2012, cc. 64, 280.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1602.3. Exception; vehicles sold for recycling parts, dismantling, demolishing, or utilizing for scrap

A. Notwithstanding any provision of this chapter to the contrary, an insurance company, or authorized agent of an insurance company, may obtain a nonrepairable certificate for a vehicle titled in the Commonwealth and acquired by the insurance company through the claims process without first obtaining a certificate of title or a salvage certificate, provided that the insurance company or authorized agent of the insurance company electronically files the following with the Department in a manner prescribed by the Commissioner;
1. The insurance company's information, including name, address, federal identification number, and insurance company code number;
2. The claim number and claim payment date;
3. The vehicle information, including year, make, model, and vehicle identification number; and
4. A certification that:
a. The insurance company (i) has acquired the vehicle through the claims process; (ii) is unable to obtain the assigned title or salvage certificate for the vehicle from the insured; and (iii) has determined the vehicle to be a nonrepairable vehicle;
b. Any lien recorded on this title at the time the insurance company acquired the vehicle has been satisfied as a result of the claims process and released by the lien holder; and
c. The insurance company, or authorized agent of the insurance company, is selling the vehicle, either directly or through a salvage pool, to a demolisher, salvage dealer, or scrap metal processor solely for the purpose of recycling parts, dismantling, demolishing, or utilizing for scrap.
B. Upon receipt of the information required in subsection A, the Department shall update its records in accordance with subsection D of § 46.2-1603.2 and electronically deliver to the insurance company, or the authorized agent of the insurance company who filed the information in subsection A, if any, a nonrepairable certificate for the vehicle.
C. The insurance company, or authorized agent of the insurance company, shall provide the purchaser of the vehicle with the nonrepairable certificate and a bill of sale for each vehicle processed through subsection A. Delivery of such nonrepairable certificate and bill of sale to the purchaser may be through electronic means.
D. Each purchaser of a vehicle for which a nonrepairable certificate has been issued pursuant to subsection A shall comply with the notification requirements of subsection B of § 46.2-1608.2 and all applicable recordkeeping requirements of this chapter.
2023, cc. 364, 365.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1604. Rebuilders required to possess certificate of title or salvage certificate

Each rebuilder shall have in his possession a certificate of title or salvage certificate assigned to him for each vehicle in his inventory for resale. If a rebuilder purchases a salvage vehicle to be used or sold for parts only, he shall conspicuously indicate on the salvage certificate that the vehicle will be sold or used as parts only and immediately forward the salvage certificate to the Department for cancellation. The Department shall issue a nonrepairable certificate for that vehicle.
1979, c. 401, § 46.1-550.9; 1989, c. 727; 1992, c. 148; 2017, c. 277.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1606. Certificates of title issued by other states; nonnegotiable titles

A. The Commissioner may accept certificates of titles for salvage vehicles or other documents deemed appropriate by the Department issued by other states indicating a vehicle has been declared salvage, and shall carry forward all appropriate brands or indicators. If the vehicle has not been rebuilt and the requirements of § 46.2-1605 have not been met, the Department shall issue a salvage certificate for the vehicle.
B. The Department shall issue a nonnegotiable title for a vehicle that has been rebuilt, titled, and registered out of state when (i) an application for title has been received for a vehicle for which the National Motor Vehicle Title Information System or the vehicle's current out-of-state title or other document proving ownership issued by another state indicates that a brand or indicator has been issued by another state identifying such vehicle as "junk," "for destruction," "for parts only," "not to be repaired," or other similar designation and (ii) documentation to show such repairs accompanies the application. Any negotiable security interests in the vehicle shall be shown on the face of the nonnegotiable title. The provisions of §§ 46.2-636, 46.2-636.1, 46.2-637, 46.2-638, 46.2-639, 46.2-640, 46.2-640.1, 46.2-641, 46.2-642, and 46.2-643 shall apply to nonnegotiable titles. However, no negotiable title shall ever be issued for such vehicle. At any time, the vehicle owner may declare a vehicle titled under this subsection to be nonrepairable, in accordance with § 46.2-1603.2.
A nonnegotiable title issued under this subsection shall not be transferred except as provided in §§ 46.2-633, 46.2-633.2, or 46.2-634 or when the vehicle is acquired by an insurance company as the result of the claims process. The transferee may not add as a co-owner an individual not entitled to possession of the vehicle under §§ 46.2-633, 46.2-633.2, or 46.2-634. If the vehicle will not be registered for use by the transferee, the transferee shall declare the vehicle to be nonrepairable by applying for a nonrepairable certificate in accordance with § 46.2-1603.2.
Any vehicle for which a nonnegotiable title has been issued pursuant to this section may be registered for use on the highways in the Commonwealth.
1979, c. 401, § 46.1-550.11; 1981, c. 9; 1989, c. 727; 1992, c. 148; 2017, c. 277.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1607. Inspection of records and examination of inventory

The Commissioner or any person authorized by the Commissioner or any law-enforcement officer, during the usual business hours, may examine any records, books, papers, or other documents required to be maintained by this chapter, and may examine any vehicle or component part of any vehicle located in the yard, garage, or storage area of any salvage dealer, rebuilder, demolisher, salvage pool, scrap metal processor, or vehicle removal operator to ensure compliance with this chapter.
1979, c. 401, § 46.1-550.12; 1987, c. 325; 1989, c. 727; 1992, c. 148.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1608.1. Reports to police department; local ordinance; holding period; penalty

A. The governing body of any county, city, or town may by ordinance require each licensee within the jurisdiction to make a written or electronic report of the information required to be maintained by § 46.2-1608, at the request of the police department or sheriff, on a daily basis or such other frequency as requested by the police department or sheriff, of every purchase, exchange or acquisition of any salvage or scrap vehicle. The ordinance may also require that the photocopy of the seller's driver's license, state identification card, official United States military identification card, or any other form of personal identification with photograph and a copy of the digital photograph required by § 46.2-1608 be electronically transmitted to the police department or sheriff on a weekly basis at an electronic address to be provided. Any local governing body, by such ordinance, may assess and retain a fine of not more than $2,500 for its violation.
B. No licensee shall crush, flatten, or otherwise reduce a vehicle to a state where it can no longer be considered a vehicle until it has been in his possession for up to 10 days unless the vehicle is accompanied by proper documentation pursuant to subsection C. This subsection shall not apply to inoperable vehicles. For purposes of this subsection, an "inoperable vehicle" shall mean any vehicle that is physically damaged beyond use or any vehicle that does not contain or have an engine in running condition or does not have any other essential parts required for operation of the vehicle.
C. The provisions of this section shall not apply to vehicles when the licensee maintains a photocopy or electronic copy of one of the documents set out in § 46.2-1206 or this chapter.
D. The provisions of this section shall not apply to scrap metal processors as defined in § 59.1-136.1 or to salvage pools as defined in § 46.2-1600.
2010, c. 873.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1609. Penalties

A. First violations of any provision of this chapter shall constitute a Class 1 misdemeanor, and second and subsequent violations of any provision of this chapter shall constitute a Class 5 felony. Upon receipt of any such conviction, the Commissioner may suspend, revoke, cancel, or refuse to renew the license of any licensee under this chapter, and the Commissioner may also assess a civil penalty against such licensee not to exceed $2,500 for any conviction.
B. Except as otherwise provided in this chapter, any licensee violating any of the provisions of this chapter may be assessed a civil penalty by the Commissioner not to exceed $1,000 for any single violation.
C. Notice of an order suspending, revoking, canceling, or denying renewal of a license, imposing a limitation on operation, or imposing a civil penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by first-class mail to the address as shown on the licensee's most recent application for a license and shall be considered served when mailed. No order required by this section shall become effective until the Commissioner has offered the licensee an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order. Any request for an administrative hearing made by such person must be received by the Department within 30 days of the issuance date of the order unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order was issued.
D. Upon receipt of a request for a hearing appealing the suspension or imposition of civil penalties, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. Any suspension shall remain in effect pending the outcome of the hearing.
1979, c. 401, § 46.1-550.14; 1989, c. 727; 1992, c. 148; 2011, c. 824; 2014, c. 58.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 16 - Salvage, Nonrepairable, and Rebuilt Vehicles › § 46.2-1610. Disposition of fees

All fees collected under this chapter shall be paid by the Commissioner into the state treasury and set aside as a special fund to be used to meet the expenses of the vehicle identification number and salvage vehicle inspection programs.
1987, c. 696, § 46.1-550.15; 1989, c. 727; 2006, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701. (Effective until July 1, 2024) Licenses required for school and instructor; fees

No driver training school shall be established or continue operation unless the school obtains from the Commissioner a license authorizing the school to operate within this Commonwealth.
No instructor shall perform the actions enumerated in the definition of "instructor" in § 46.2-1700 unless he obtains from the Commissioner a license authorizing him to act as driving instructor.
The Commissioner shall have authority to set and collect school and instructor licensing fees. All licensing fees collected by the Commissioner under this chapter shall be paid into the state treasury and set aside as a special fund to meet the expenses of the Department of Motor Vehicles.
Upon application of a driver training school licensed in accordance with this chapter, the Commissioner may license such driver training school using criteria established by the Commissioner pursuant to § 46.2-1702 to provide computer-based driver education courses using curricula approved by the Commissioner. A nonrefundable annual licensing fee of $100 shall be required with each application. Such annual licensing fee shall be in addition to fees permitted under this chapter.
1990, c. 466; 2004, c. 587; 2016, c. 437.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701.1. Bond of applicants

The applicant shall file a surety bond in the amount of $100,000 for a Class A licensee and $5,000 for a Class B licensee. The bond shall be payable to the Commonwealth of Virginia and conditioned to protect the contractual rights of students. The bonding requirement for a Class A license may be reduced, at the discretion of the Department, on a showing by the school that no course of study for which tuition is collected lasts longer than thirty days or that the school collects no advance tuition other than equal monthly installments based on the length of the course of study. The minimum bond for any school shall be $5,000. The Department may collect against this bond in the case that the driver training school violates applicable state or federal law or regulation.
1991, c. 214; 2019, c. 750.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701.2. Schools required to have established places of business

No license shall be issued or renewed to any driver training school unless it has an established place of business in the Commonwealth that:
1. Satisfies all local zoning regulations;
2. Has office space in which the driver training school houses all records required to be maintained under § 46.2-1701.3 and which:
a. Is equipped with a desk, chairs, filing space, a working telephone listed in the name of the school, and working utilities;
b. Complies with federal, state, and local health, fire, and building code requirements; and
c. Meets all other place of business and recordkeeping requirements set forth in this chapter and established in regulations promulgated by the Department.
2004, c. 587.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701.3. Student records to be maintained

All student records and other records, as required by the Department, shall be maintained on the premises of the licensed location. The Commissioner may, on written request from a driver training school, permit records to be maintained at a location other than the premises of the licensed location for good cause shown. All records shall be preserved in original form or in film, magnetic, electronic, or optical media, including but not limited to microfilm or microfiche, for a period of three years in a manner that permits systematic retrieval. All records required to be maintained by the provisions of this section or by regulation shall be available to the Commissioner or his agents during regular business hours or at any other reasonable time, as determined by the Commissioner.
2004, c. 587.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701.4. Reports and records of licensed computer-based driver education providers

The Commissioner may require annual, periodic, or special reports from computer-based driver education providers in a manner and form approved by the Commissioner. The Commissioner may require a computer-based driver education provider to file with the Department a true copy of any contract, agreement, or arrangement between such computer-based driver education provider and any person in relation to the provisions of this chapter. The Commissioner may prescribe the forms of any accounts, records, and memoranda to be kept by computer-based driver education providers and the length of time such accounts, records, and memoranda shall be preserved.
2016, c. 437.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1701. (Effective July 1, 2024) Licenses required for school and instructor; fees

No driver training school shall be established or continue operation unless the school obtains from the Commissioner a license authorizing the school to operate within this Commonwealth.
No instructor shall perform the actions enumerated in the definition of "instructor" in § 46.2-1700 unless he obtains from the Commissioner a license authorizing him to act as driving instructor.
The Commissioner shall have authority to set and collect school and instructor licensing fees. All licensing fees collected by the Commissioner under this chapter shall be paid into the state treasury and set aside as a special fund to meet the expenses of the Department of Motor Vehicles.
Upon application of a driver training school licensed in accordance with this chapter, the Commissioner may license such driver training school using criteria established by the Commissioner pursuant to § 46.2-1702 to provide computer-based driver education courses using curricula approved by the Commissioner. A nonrefundable annual licensing fee of $100 shall be required with each application. Such annual licensing fee shall be in addition to fees permitted under this chapter.
1990, c. 466; 2004, c. 587; 2016, c. 437.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1703. Authority to promulgate regulations

The Commissioner may promulgate regulations necessary to (i) enforce the provisions of this chapter, (ii) provide adequate training for students, (iii) protect student and public safety and (iv) carry out the other provisions of this chapter. These regulations shall include but need not be limited to curriculum requirements, contractual arrangements with students, obligations to students, facilities and equipment, qualifications and other requirements for instructors, school ownership requirements, surety bond requirements, and financial stability of schools.
1990, c. 466; 1991, c. 214; 2004, c. 587.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1704. Action on applications; hearing on denial

The Commissioner shall act on any application for a license under this chapter within thirty days after receipt by either granting or denying the application. Any applicant denied a license shall, on his written request made within thirty 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 thirty days from the date of denial of the application.
1991, c. 214.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1706. 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 or any regulation promulgated thereunder. The penalty may be sued for and recovered in the name of the Commonwealth.
1991, c. 214.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 17 - Driver Training Schools › § 46.2-1707. Unlawful acts; prosecution; proceedings in equity

A. It shall be unlawful for any person to engage in any of the following acts:
1. Practicing as a driver training school or as an instructor without holding a valid license as required by statute or regulation;
2. Making use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly certified or licensed;
3. Performing any act or function which is restricted by statute or regulation to persons holding a driver training school or instructor license or certification, without being duly certified or licensed;
4. Materially misrepresenting facts in an application for licensure, certification or registration;
5. Willfully refusing to furnish the Department information or records required or requested pursuant to statute or regulation; or
6. Violating any statute or regulation governing the practice of any driver training school or instructor regulated pursuant to this chapter.
Any person who willfully engages in any unlawful act enumerated in this section shall be guilty of a Class 1 misdemeanor. However, the third or any subsequent conviction for violating this section during a 36-month period shall constitute a Class 6 felony.
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.
1991, c. 214; 2004, c. 587.