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Administrative Code

Virginia Administrative Code
Title 19. Public Safety
11/21/2024

Agency 30. Department of State Police

Preface

VAC AGENCY NO. 30

DEPARTMENT OF STATE POLICE

AGENCY SUMMARY

The Department of State Police has adopted Public Participation Guidelines as required by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The Superintendent of State Police is authorized by Chapter 1 (§ 52-1 et seq.) of Title 52 of the Code of Virginia, with the cooperation of such other agencies of the Commonwealth as may be necessary, to adopt and promulgate rules and regulations pertaining to commercial motor vehicle safety pursuant to the United States Motor Carrier Act of 1984 that set forth criteria relating to driver, vehicle, and cargo safety inspections with which motor carrier and transport vehicles must comply.

The Department of State Police and the Superintendent of State Police are authorized by Chapters 8 (§ 46.2-800 et seq.) and 10 (§ 46.2-1000 et seq.) of Title 46.2 of the Code of Virginia to prescribe standards and specifications for motor vehicle equipment, for size and placement of local license stickers, and for certain safety equipment for motorcycles and operators and sale or use of certain equipment is subject to the department's approval. Pursuant to Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of the Code of Virginia, the department has authority to designate official inspection stations and to make regulations governing the making of inspections.

The department is authorized by Chapter 40 (§ 54.1-4000 et seq.) of Title 54.1 of the Code of Virginia to make regulations specifying certain matters to be recorded by pawnbrokers. All machine guns are required to be registered with the department pursuant to Article 5 (§ 18.2-288 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia. The department is responsible for the operation of (i) the Central Criminal Records Exchange, the central repository for criminal history record information in the Commonwealth; (ii) the Sex Offender and Crimes Against Minors Registry, the central repository for the purpose of assisting the efforts of law-enforcement agencies to protect their communities from repeat sex offenders and protect children from becoming victims of criminal offenders who target children; and (iii) the Protective Order Registry, the central repository of information regarding outstanding, valid protective orders pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 and Chapter 23 (§ 19.2-387 et seq.) of Title 19.2 of the Code of Virginia.

The department is responsible for promulgating regulations for (i) the operation of a basic coordinating police communications system in the Commonwealth pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 of the Code of Virginia; (ii) the operation of a uniform crime reporting system in the Commonwealth pursuant to Chapter 6 (§ 52-25 et seq.) of Title 52 of the Code of Virginia; (iii) the reporting and return of firearms confiscated or recovered by law-enforcement agencies pursuant to Chapter 6 (§ 52-25 et seq.) of Title 52 of the Code of Virginia; (iv) the establishment and operation of the Missing Children Information Clearinghouse in the Commonwealth pursuant to Chapter 7 (§ 52-31 et seq.) of Title 52 of the Code of Virginia; and (v) the operation of a witness protection program pursuant to Chapter 8 (§ 52-35 et seq.) of Title 52 of the Code of Virginia; (vi) the collection, analysis, and publication of data under the Virginia Community Policing Act pursuant to Chapter 6.1 (§ 52-30.1 et seq.) of Title 52 of the Code of Virginia; and (vii) the development of policies and procedures for the sealing of certain criminal records pursuant to Chapter 23.2 (§ 19.2-387 et seq.) of Title 19.2 of the Code of Virginia.

The department is responsible for providing criminal history record information via a toll-free telephone number to Virginia firearms dealers before a dealer may transfer firearms pursuant to Article 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2 and Chapter 1 (§ 52-1 et seq.) of Title 52 of the Code of Virginia. The agency is also responsible for providing firearms dealers with transaction forms for gathering and retaining certain information concerning firearms transactions and for providing notice to the department by a promoter of a firearms show pursuant to Chapter 42 (§ 54.1-4200 et seq.) of Title 54.1 of the Code of Virginia. The department issues nonresident concealed handgun carry permits and has adopted regulations to govern that process pursuant to Article 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

The department is the coordinating agency for the Virginia Methamphetamine Precursor Information System for the reporting and tracking of pseudoephedrine sales in the Commonwealth pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia. The department oversees the Virginia Methamphetamine Precursor Information System, a web-accessed database available at no charge to pharmacies and retailers, pursuant to the Combat Methamphetamine Epidemic Act of 2005 (CMEA) (Title VII of PL 109-177). Pharmacies and retailers are currently required to capture certain data regarding ephedrine or pseudoephedrine products (PSE) sales. Section 18.2-265.8 of the Code of Virginia requires all pharmacies and retailers in the Commonwealth of Virginia that sell over-the-counter cold and allergy medications containing PSE products to report sales.


The department operates under the supervision of the Secretary of Public Safety. Regulations are available for inspection or copying at State Police Administrative Headquarters at 7700 Midlothian Turnpike, P.O. Box 27472, Richmond, VA 23261; copies in limited quantities are obtainable at the same place. The department's website can be found at www.vsp.virginia.gov.

Rev. 07/2024

Chapter 10
Public Participation Policy [Repealed]Read all
Section 10
[Repealed]
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
[Repealed]
Chapter 11
Public Participation GuidelinesRead all
Part I
Purpose and Definitions
Section 10
Purpose
Section 20
Definitions
Part II
Notification of Interested Persons
Section 30
Notification List
Section 40
Information to Be Sent to Persons on the Notification List
Part III
Public Participation Procedures
Section 50
Public Comment
Section 60
Petition for Rulemaking
Section 70
Appointment of Regulatory Advisory Panel
Section 80
Appointment of Negotiated Rulemaking Panel
Section 90
Meetings
Section 100
Public Hearings on Regulations
Section 110
Periodic Review of Regulations
Chapter 20
Motor Carrier Safety RegulationsRead all
Part I
Definitions
Section 10
Definitions
Part II
General Information
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
Application of Regulations
Section 50
Enforcement
Section 60
Inspection of Records
Section 70
Penalties
Part III
Incorporation by Reference
Article 1
Compliance with Federal Regulations
Section 80
Compliance
Article 2
Part 40 - Procedures for Transportation Workplace Drug Testing Programs [Repealed]
Section 90
[Repealed]
Article 3
Part 390 - General
Section 100
Minimum Levels of Financial Responsibility for Motor Carriers - § 390.3 (C)
Section 110
Exempt Intracity Zone - § 390.5
Section 115
[Repealed]
Article 4
Part 391 - Qualifications of Drivers
Section 120
Minimum Age - § 391.11
Section 130
Investigations and Inquiries - § 391.23
Section 140
Resolution of Conflicts of Medical Evaluation - § 391.47
Section 150
Waiver of Certain Physical Defects - § 391.49
Section 160
Driver Qualification Files - § 391.51
Section 170
Subpart G - Limited Exemptions - § 391.61
Section 180
[Repealed]
Article 5
Part 392 - Driving of Motor Vehicles
Section 190
Driving of Motor Vehicles
Article 6
Part 393 - Parts and Accessories Necessary for Safe Operation
Section 200
Parts and Accessories
Article 7
Part 395 - Hours of Service of Drivers
Section 205
Maximum Driving Time for Property-Carrying Vehicles - § 395.3
Section 210
Drivers Declared Out of Service - § 395.13 (A)
Section 220
Responsibilities of Motor Carriers - § 395.13(C)(2)
Article 8
Part 396 - Inspection, Repair, and Maintenance
Section 230
Inspection of Motor Vehicles and Intermodal Equipment in Operation - § 396.9(A)
Section 240
Motor Vehicles and Intermodal Equipment Declared "Out of Service" - § 396.9(C)
Section 250
Motor Carrier or Intermodal Equipment Provider's Disposition - § 396.9(D)(3)(II)
Article 9
Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules
Section 260
Driving and Parking Rules - § 397
Article 10
Part 370 - Principle and Practices for the Investigation and Voluntary Disposition of Loss and Damaged Claims and Processing Salvage
Section 270
Investigation of Claims - § 370.7(B)
Article 11
Part 375 - Subpart A - General Requirements
Section 280
What Are the Definitions of Terms Used in This Part? § 375.103
Article 12
Part 380 - Subpart E - Entry-Level Driver Training Requirements
Section 290
Employer Responsibilities - § 380.509(C)
Article 13
Part 382 - Controlled Substances and Alcohol Use and Testing
Section 300
Retention of Records - § 382.401(D)
FORMS
Forms (19VAC30-20)
Chapter 30
Regulations Relating to Standards and Specifications for the Slow Moving Vehicle Emblems [Repealed]Read all
Section 10
[Repealed]
Chapter 40
Standards and Specifications for the Stickers or Decals Used by Cities, Counties and Towns in Lieu of License PlatesRead all
Section 10
[Repealed]
Section 20
Size
Section 30
Placement
Chapter 50
Regulations Relating to Standards and Specifications for Motorcycle Windshields and Safety Glasses or Goggles for Motorcycle Operators [Repealed]Read all
Section 10
[Repealed]
Chapter 60
Regulations Relating to Standards and Specifications for Protective Helmets for Motorcycle Operators and Passengers [Repealed]Read all
Section 10
[Repealed]
Chapter 70
Motor Vehicle Safety Inspection RegulationsRead all
Part II
Inspection Requirements
Section 1
Purpose and Authority
Section 2
Corrective Action Procedures
Section 3
Class I Offenses
Section 4
Class II Offenses
Section 5
Class III Offenses
Section 6
Class IV Offenses
Section 7
General Information
Section 8
Definitions
Section 9
Inspector Requirements
Section 9.1
Inspector Certification
Section 9.2
Examinations for Inspector's License
Section 9.3
Reinstatement of Safety Inspector License; Classification Change; Recertification
Section 10
Official Inspection Station Requirements
Section 10.1
Official Inspection Station Appointment
Section 11
Automated Motor Vehicle Inspection Program (Mvip)
Section 20
General Inspection Requirements
Section 25
Exceptions to Motor Vehicle Inspection Requirements
Section 30
[Repealed]
Section 31
[Repealed]
Section 32
[Repealed]
Section 40
Fees
Section 50
Approval Stickers and Decals
Section 60
Rejection Stickers
Section 70
[Repealed]
Part III
Inspection Requirements for Passenger Vehicles and Vehicles Up to 10,000 Pounds (GVWR)
Section 80
Service Brakes
Section 90
Brakes: Emergency, Parking, or Holding.
Section 100
Brakes: Trailer (Gvwr Less Than 10,000 Pounds)
Section 110
Steering and Suspension
Section 120
Frame, Engine Mounts, Coupling Devices and Emergency Chains
Section 130
Tires; Wheels; Rims
Section 140
Headlamps; Except Motorcycles
Section 150
Rear Lamps: Tail Lamp; License Plate Lamps; and Rear Lamp Combinations
Section 160
Auxiliary Lamps: Backup; Cornering; Driving; Fog; Spot and Warning
Section 170
Parking Lamps
Section 180
Clearance Lamps, Side Marker Lamps, and Reflectors
Section 190
Signal Device (Intention to Stop or Turn), Hazard Lights, Stop Lamp
Section 200
Permissible Lighting Equipment
Section 210
Glass and Glazing
Section 220
Mirrors
Section 230
Windshield Wiper; Defroster
Section 240
Horns and Other Warning Devices
Section 250
Doors
Section 260
Hood Latch System; Batteries.
Section 270
Floor Pan
Section 280
Seat
Section 290
Seat Belts; Definitions
Section 300
Muffler, Exhaust System and Trailer Venting
Section 310
Air Pollution Control System or Device
Section 320
Fuel System
Part IV
Inspection Requirements for Motorcycles
Section 330
[Repealed]
Section 340
Motorcycle Brakes
Section 350
Motorcycle Airbag, Seat, Steering, and Suspension
Section 360
Motorcycle Lights: Auxiliary, Headlamp, Rear, Signal, Warning
Section 370
Motorcycle Mirror
Section 380
Motorcycle Horn
Section 390
Motorcycle Muffler and Exhaust System
Section 400
Motorcycle Tires, Wheels, Rims
Section 410
Motorcycle Windscreen and Glazing
Section 420
Motorcycle Fuel System
Part V
Inspection Requirements for Trucks and Other Vehicles Over 10,000 Pounds (GVWR)
Section 430
Inspection -- Heavy Vehicles
Section 440
Service Brakes
Section 450
Brakes: Emergency Parking or Holding
Section 460
Brakes: Trailer (Gvwr 10,000 Pounds or More)
Section 470
Steering
Section 480
Suspension
Section 490
Frame, Engine Mounts, Coupling Devices and Emergency Chains
Section 500
Tires, Wheels, Rims
Section 510
Headlamps
Section 520
Rear Lamps: Tail Lamp; License Plate Lamps; and Rear Lamp Combinations
Section 530
Auxiliary Lamps: Backup; Cornering; Driving; Fog; Spot and Warning
Section 540
Parking Lamps
Section 550
Clearance Lamps, Side Marker Lamps, and Reflectors (Under 26,000 Pounds Gvwr)
Section 560
Signal Device (Intention to Stop or Turn), Hazard Lights, Stop Lamps
Section 570
Permissible Lighting Equipment
Section 580
Glass and Glazing
Section 590
Mirrors
Section 600
Windshield Wiper/Defroster
Section 610
Horns and Other Warning Devices
Section 620
Doors
Section 630
Hood Latch System; Batteries
Section 640
Floor Pan
Section 650
Seat
Section 660
Seat Belts
Section 670
Muffler, Exhaust System, and Trailer Venting
Section 680
Fuel System
Section 680:1
[Repealed]
Part VI
Inspection Requirements for Specialty Vehicles
Section 690
Inspection Requirements for Speciality Vehicles
FORMS
Forms (19VAC30-70)
Chapter 80
Regulations Relating to Specifications of the Description to Be Obtained by Pawnbrokers of Persons Pawning or Pledging GoodsRead all
Section 10
[Repealed]
Section 20
Description
Section 30
Identifying Credentials
Section 40
Electronic Submission of Required Reports
Chapter 90
Regulations Relating to Saddle Mount Coupling for Drive-Away Service [Repealed]Read all
Section 10
[Repealed]
Chapter 100
Regulations Governing Purchases of Handguns in Excess of One within a 30-Day Period [Repealed]Read all
Section 10
[Repealed]
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
[Repealed]
Section 50
[Repealed]
Section 60
[Repealed]
Section 70
[Repealed]
Section 80
[Repealed]
Section 90
[Repealed]
Section 100
[Repealed]
Section 110
[Repealed]
Chapter 101
Regulations Governing Purchases of Handguns within a 30-Day PeriodRead all
Section 10
Definitions. (Reserved.)
Part I
Reports by Dealers
Section 20
Notification of Sale or Transfer
Part II
Applications
Section 30
Application for Multiple Handgun Purchase
Section 40
Identification Requirements
Section 50
Transfer to Someone Other Than Applicant
Section 60
Evaluation of Application
Part III
Enhanced Background Check
Section 70
Enhanced Background Check
Part IV
Certificate
Section 80
Issuance of Certificate
Section 90
Retention of Certificate
Part V
Appeals
Section 100
Appealing the Denial of a Certificate
Part VI
Agents
Section 110
[Repealed]
Part VII
Replacement of Lost or Stolen Handgun
Section 120
Replacement of Handgun
FORMS
Forms (19VAC30-101)
Chapter 110
Regulations Governing the Creation of a Criminal Firearms Clearinghouse [Repealed]Read all
Section 10
[Repealed]
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
[Repealed]
Section 50
[Repealed]
Section 60
[Repealed]
Section 70
[Repealed]
Chapter 115
Reporting and Tracing Firearms Confiscated or Recovered by Law-Enforcement AgenciesRead all
Section 10
Reporting
FORMS
Forms (19VAC30-115)
Chapter 120
Regulations Relating to Standards and Specifications for Regrooved or Regroovable Tires [Repealed]Read all
Section 10
[Repealed]
Chapter 130
Regulations Relating to Standards and Specifications for Warning Stickers or Decals for All-Terrain VehiclesRead all
Section 10
Purpose
Section 20
Definitions
Section 30
Description and Identification
Section 40
Color
Section 50
Performance Requirements
Section 60
Location of Sticker or Decal
Section 70
Proof of Compliance
Chapter 140
Regulations Relating to Standards and Specifications for Back-Up Audible Alarm SignalsRead all
Section 10
[Repealed]
Section 20
[Repealed]
Section 30
Description and Identification
Section 40
[Repealed]
Section 50
[Repealed]
Chapter 150
Regulations Relating to Standards and Specifications for Overdimensional Warning LightsRead all
Section 5
Definitions
Section 10
Purpose
Section 20
[Repealed]
Section 30
Description and Identification
Section 40
Performance Requirements
Section 50
Color
Section 60
Proof of Compliance
DIBR
Documents Incorporated by Reference (19VAC30-150)
Chapter 160
Regulations Relating to Standards and Specifications for the Safety Lights for Farm Tractors in Excess of 108 Inches in WidthRead all
Section 5
Definitions
Section 10
Purpose
Section 20
[Repealed]
Section 30
General Requirements
Section 40
Test Descriptions
Section 45
Test Requirements
Section 50
Color
Section 60
Proof of Compliance
DIBR
Documents Incorporated by Reference (19VAC30-160)
Chapter 165
Regulations Relating to Standards and Specifications for Purple Warning Lights Used by Vehicles Leading or Escorting Funeral ProcessionsRead all
Section 10
Definitions
Section 15
Requirements
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
[Repealed]
Section 50
[Repealed]
Section 60
[Repealed]
DIBR
[Repealed]
Chapter 170
Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors RegistryRead all
Section 5
[Repealed]
Section 15
Registration, Reregistration, Change of Information, Forms and Procedures
Section 20
[Repealed]
Section 30
Expungement from Sex Offender and Crimes Against Minors Registry; Petition for Removal
Section 40
[Repealed]
Section 50
Fee for Responding to Requests for Information
Section 60
[Repealed]
FORMS
Forms (19VAC30-170)
Chapter 180
Regulations Governing the Establishment and Maintenance of the Witness Protection ProgramRead all
Section 10
Program Established; Availability of Services; Advisory Board
Section 20
Eligibility for Program; Applications; Emergencies
Section 30
Levels of Protective Service
Section 40
Authorized Expenses; Availability of Service; Crimes Covered
FORMS
Forms (19VAC30-180)
Chapter 190
Regulations Relating to the Issuance of Nonresident Concealed Handgun Carry PermitsRead all
Section 10
[Repealed]
Section 20
How to Apply
Section 30
Application Package
Section 40
Application Form
Section 50
Proof of Competence with a Handgun
Section 60
Fingerprint Cards
Section 70
Photographs
Section 80
Proof of Identification
Section 90
Application Fee
Section 100
Permit Renewal
Section 110
Change of Address
Section 120
Replacement Permits
Section 130
Revocation
Section 140
Appeal Process
FORMS
Forms (19VAC30-190)
Chapter 200
Approved Helmets for All-Terrain Vehicles and MopedsRead all
Section 10
Approved Helmets for All-Terrain Vehicles and Mopeds
Chapter 220
Virginia Methamphetamine Precursor Information SystemRead all
Section 10
Purpose and Authority
Section 20
Exemptions from Electronic Reporting
Section 30
Maintenance of and Access to Retail Sales Records of Restricted Products
FORMS
Forms (19VAC30-220)
Chapter 230
Verification Checks on Firearm Transfers to DealersRead all
Section 10
Purpose and Authority
Section 20
Maintenance of, Confidentiality of, and Access to Records of Dealer Verification Checks
FORMS
Forms (19VAC30-230)
Chapter 240
Regulations Governing the Virginia Community Policing ActRead all
Section 10
Collection and Reporting of Data
Section 20
Submission of Data
Section 30
Access to Data

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