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Virginia Administrative Code
1/23/2020

24VAC20. Department of Motor Vehicles

VAC AGENCY NO. 20

AGENCY SUMMARY

The Department of Motor Vehicles operates under the supervision of the Secretary of Transportation. The Department of Motor Vehicles is responsible for the administration of provisions of Title 46.2 and Title 58.1 of the Code of Virginia relating to the motor vehicle, title and registration laws; driver’s licensing laws; fuels tax laws, motor vehicle fuels sales tax laws, and road tax laws; transportation safety; the registration of motor carriers including carriers of passengers or property; the issuance of oversize and overweight permits and escort vehicle driver certifications; and any other services that may be required to create a single point of contact for motor carriers operating within and outside the Commonwealth. The Commissioner of the Department of Motor Vehicles may promulgate regulations necessary to carry out the laws administered by the department. The department is authorized to collect certain types of privileged information and disclose that information, as prescribed by law, for a reasonable fee. Code of Virginia, Title 46.2, Chapter 2, Article 1. The department is authorized to employ full-time law enforcement officers who are vested with the powers of sheriffs for the purpose of enforcing the laws of the Commonwealth that the Commissioner is required to enforce. Code of Virginia, Title 46.2, Chapter 2, Article 1. The department is required to accept and maintain certain records for specified periods and to provide transcripts of records under certain circumstances. Code of Virginia, Title 46.2, Chapter 3, Article 11.

 

The department is authorized to administer the issuance, suspension, and revocation of driver's licenses. Code of Virginia, Title 46.2, Chapter 3. The department is also responsible for the issuance of identification cards, including identification cards without a photograph to persons with sincerely held religious beliefs prohibiting the taking of a photograph. Code of Virginia, Title 46.2, Chapter 3, Article 7.  The department is also responsible for the examination of applicants for and holders of driver’s licenses and in the administration, training, disciplining, and assignment of examiners of applicants for driver's licenses. Code of Virginia, Title 46.2, Chapter 3, Article 4. It is authorized to promulgate regulations for the special examination and licensing of persons desiring to qualify to drive motorcycles. Code of Virginia, Title 46.2, Chapter 3, Article 5.

 

The department is authorized to administer the issuance, suspension, revocation and disqualification of commercial learner’s permits and commercial driver's licenses, and may adopt regulations to provide for the special examination or re-examination of persons desiring to qualify or retain their privilege to operate commercial motor vehicles as that term is defined in the federal Commercial Motor Vehicle Safety Act of 1986 and for the granting of licenses or permits suitably endorsed for qualified applicants. Code of Virginia, Title 46.2, Chapter 3, Article 6.1. The department is authorized to promulgate regulations addressing variances granted for commercial drivers transporting hazardous wastes or materials. The Commissioner is authorized to waive certain knowledge and skills examinations required for obtaining a commercial learner’s permit or commercial driver’s license or a commercial driver’s license endorsement for certain current or former military service members, as authorized by federal law. Code of Virginia, Title 46.2, Chapter 3, Article 6.1.

 

The department is required to suspend or revoke the driving privileges of residents and nonresidents convicted of certain offenses. Code of Virginia, Title 46.2, Chapter 3, Article 12.

 

The department is responsible for establishing a procedure by which driver’s license or identification card customers may indicate consent to make an anatomical gift for transplantation, therapy, research, and education purposes.  The department is authorized to make a notation of the customer’s consent to make an anatomical gift on his or her driver’s license.  Code of Virginia, Title 46.2, Chapter 3, Article 7.

 

The department is authorized to promulgate regulations relating to the administration of a statewide driver improvement program and may order attendance at driver improvement clinics. Code of Virginia, Title 46.2, Chapter 3, Article 19. The department is authorized to suspend driving privileges and vehicle registration privileges for noncompliance with Driver Improvement Program requirements. Code of Virginia, Title 46.2, Chapter 3, Article 19.

 

The Commissioner is authorized to license driver training schools to operate within the Commonwealth. The department is authorized to promulgate regulations relating to the licensing and operation of commercial driver training schools. Code of Virginia, Title 46.2, Chapter 17. The Commissioner shall have the authority to approve as a driver education course satisfying the requirements of § 46.2-334 any course which is offered by any driver training school licensed by the department if he finds that the course is of comparable content and quality to that offered in the Commonwealth's public schools. Code of Virginia, Title 46.2, Chapter 17. The department is authorized to allow certain Class A driver training schools to be third party testers for the skills test component of the commercial driver’s license examination. Code of Virginia, Title 46.2, Chapter 3, Article 6.1.

 

The department is authorized to register motor vehicles and issue license plates and validation decals therefor, and it is the state agency for recordation and certification of title to motor vehicles, liens thereon, and transfers of ownership. Code of Virginia, Title 46.2, Chapter 6. The department is authorized to suspend or place a stop on vehicle registration privileges for noncompliance with certain requirements (toll violations – Code of Virginia, Title 33.2, Chapter 5, and Title 46.2, Chapter 8, Article 11; personal property taxes/parking citation fees – Code of Virginia Title 46.2, Chapter 6, Article 11). The department is authorized to issue special license plates and distribute revenue to entities where required by legislation. It is authorized to issue disabled parking license plates and placards. Code of Virginia, Title 46.2, Chapter 12.1. The department is authorized to issue waivers of the requirements for vehicle sun-shading and tinting films to individuals for medical reasons. Code of Virginia, Title 46.2, Chapter 10, Article 6.

 

The department may require vehicle owners and operators to furnish proof of financial responsibility, and insurers and sureties must report to the department cancellation and initiation of motor vehicle liability policies or surety bonds executed for that purpose. Code of Virginia, Title 46.2, Chapter 3, Article 15. The department is authorized to collect fees for registration of uninsured motor vehicles, distribute fees in accordance with statute, and may establish an uninsured motor vehicle (UMV) fee payment plan to allow individuals to pay the fees for a motor vehicle determined to be uninsured. Code of Virginia, Title 46.2, Chapter 6, Article 8. The department is authorized to suspend driving privileges and vehicle registration privileges for noncompliance with certain DMV requirements (insurance monitoring requirements – Code of Virginia, Title 46.2, Chapter 6, Article 8). Certain crash reports are required to be made to the department, and reports are or may be required in various other instances.

 

The department is authorized to license any person engaged in business in the Commonwealth as a motor vehicle manufacturer, factory branch, distributor, distributor branch, or factory or distributor representative and to license auto recyclers, salvage pools, and vehicle removal operators. Code of Virginia, Title 46.2, Chapter 16. The Commissioner is authorized to issue dealer license plates, temporary transport license plates and 30-day license plates to motor vehicle dealers The department is authorized to provide dealer license plates, and temporary transport license plates to the Motor Vehicle Dealer Board for issuance to automobile and truck dealers. Code of Virginia, Title 46.2, Chapter 15.

 

The department is authorized to supervise, regulate and control all motor carriers. It is authorized to issue certificates of fitness and public convenience and necessity and other forms of operating authority to motor carriers, and it may approve transfers of certificates of public convenience and necessity. The department is authorized to license and make regulations governing motor carrier transportation and to make regulations governing carriers’ operation of motor vehicles under lease. Code of Virginia, Title 46.2, Chapters 20 and 21. It is also responsible for regulating particular types of motor carriers: household goods carriers, contract passenger carriers, regular and irregular route common carriers, nonemergency medical transportation carriers, transportation network companies (TNCs) and sight-seeing carriers, and is authorized to certify operators of excursion trains. In addition, the department is responsible for licensing brokers of passenger transportation and TNC brokers, and for issuing permits to property carriers, taxicabs, employee haulers, and nonprofit/tax-exempt passenger carriers. Code of Virginia, Title 46.2, Chapters 20 and 21.

 

The department is responsible for the administration of the truck weigh program and is authorized to monitor trucks and other vehicles utilizing roadways in the Commonwealth; determine compliance with state and federal statutes pertaining to size, weight, registration, safety, and licensing; and handle the entire administrative process for liquidated damages. Code of Virginia, Title 46.2, Chapter 2.

 

The department is responsible for the administration of the Virginia Fuels Tax Act, the Motor Vehicle Fuels Sales Tax Act, the Road Tax on Motor Carriers, and the International Fuels Tax Agreement.  The department is authorized to administer, audit compliance with, make assessments pursuant to, and enforce the provisions of these Acts. Code of Virginia, Title 58.1, Chapters 22, 22.1, and 27. The department is authorized to enter into, administer, audit compliance with, make assessments pursuant to, and enforce the International Registration Plan. Code of Virginia, Title 46.2, Chapter 6, Article 7, § 703.

 

The department is responsible for the collection and disbursement to other state agencies, commissions, funds and organizations of certain fees, including driver’s license reinstatement fees and taxes on the sale, and use, of motor vehicles. The department is responsible for the collection and disbursement to localities of taxes on the sale of manufactured homes. Code of Virginia, Title 58.1, Chapter 24. It is also responsible for the collection and disbursement to other transportation agencies of motor fuel and alternative fuels taxes and road taxes for the Commonwealth. Code of Virginia, Title 58.1, Chapters 22 and 27. The department pays localities, through the collection of fees, for the disposal of abandoned vehicles. Code of Virginia, Title 46.2, Chapters 6 and 12. Also through the collection of fees, the department supports statewide emergency medical services, driver education, driver improvement, and vehicle safety and air quality maintenance programs. Code of Virginia, Title 46.2, Chapters 3, 6 and 10.

 

The department is responsible for offering the opportunity to apply to register to vote to customers conducting driver’s license, identification card or change of address transactions. Code of Virginia, Title 24.2, Chapter 4, Article 3. The department is authorized to issue certified copies of birth, death, marriage, and divorce vital records in the custody of the State Registrar. Code of Virginia, Title 32.1, Chapter 7, Article 7, § 32.1-272. The department is authorized to enter into an agreement with the Executive Secretary of the Supreme Court for the collection of court fines, costs, forfeitures, and penalties and court-ordered restitution at DMV customer service centers. Code of Virginia, Title 19.2, Chapter 21, Article 3, § 19.2-349.1 The department is authorized to partner with contractors of other state and federal agencies in the event such agencies have engaged a vendor to perform customer service transactions. Such agreements permit the department to issue Transportation Worker Identification Credentials (TWIC) and PreCheck Certifications on behalf of the Transportation Security Administration.

 

The department is authorized to offer the DMV Select Program in partnership with local agents to offer limited service outlets to supplement full-service DMV customer service centers (CSCs). Code of Virginia, Title 46.2, Chapter 2, Article 1; Item 439 Appropriation Act. The Commissioner is authorized to establish, where feasible and cost efficient, contracts with public-private partnerships with commercial operations to provide for simplification and streamlining of services to citizens through electronic means. Such electronic services shall include (i) an electronic lien and titling program, (ii) an online dealer program, and (iii) a print-on-demand license plate program. Code of Virginia, Title 46.2, Chapter 2, Article 1.

 

Regulations and forms are available at the department's principal office at 2300 West Broad Street, Richmond, VA 23220 (mailing address, P.O. Box 27412, Richmond, VA 23269). Some forms and regulations are also available at the department's customer service centers located throughout the Commonwealth, via the Internet and from license agents in numerous communities. Internet address: http://www.dmvNOW.com

 

Rev. 08/2019

 

 

 

 

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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