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Administrative Code

Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
11/21/2024

Agency 20. Department of Motor Vehicles

Preface

VAC AGENCY NO. 20

DEPARTMENT OF MOTOR VEHICLES

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; motor vehicles sales and use tax 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 by Article 1 (§ 46.2-200 et seq.) of Chapter 2 of Title 46.2 of the Code of Virginia to collect certain types of privileged information and disclose that information, as prescribed by law, for a reasonable fee. The department is authorized by Article 1 (§ 46.2-200 et seq.) of Chapter 2 of Title 46.2 of the Code of Virginia 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. The department is required by Article 11 (§ 46.2-371 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia to accept and maintain certain records for specified periods and to provide transcripts of records under certain circumstances.

 

The department is authorized by Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 of the Code of Virginia to administer the issuance, suspension, and revocation of driver's licenses. 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 pursuant to Article 7 (§ 46.2-341.1 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia. 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 pursuant to Article 4 (§ 46.2-323 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia. It is authorized by Article 5 (§ 46.2-324 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia to promulgate regulations for the special examination and licensing of persons desiring to qualify to drive motorcycles.

 

The department is authorized by Article 6.1 (§ 46.2-341.1 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia 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. 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.

 

The department is required by Article 12 (§ 46.2-389 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia to suspend or revoke the driving privileges of residents and nonresidents convicted of certain offenses.

 

Pursuant to Article 7 (§ 46.2-341.1 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia, 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 the customer's driver's license.

 

The department is authorized by Article 19 (§ 46.2-489 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia to promulgate regulations relating to the administration of a statewide driver improvement program and may order attendance at driver improvement clinics.. The department is authorized to suspend driving privileges and vehicle registration privileges for noncompliance with Driver Improvement Program requirements.

 

The Commissioner is authorized by Chapter 17 (§ 46.2-1700 et seq.) of Title 46.2 of the Code of Virginia 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.. The Commissioner shall have the authority to approve as a driver education course satisfying the requirements of § 46.2-334 any course that is offered by any driver training school licensed by the department if the commissioner finds that the course is of comparable content and quality to that offered in the Commonwealth's public schools. The department is authorized by Article 6.1 (§ 46.2-341.1 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia 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.

 

The department is authorized by Chapter 6 (§ 46.2-600 et seq.) of Title 46.2 of the Code of Virginia to register motor vehicles and issue license plates and validation decals therefor and is the state agency for recordation and certification of title to motor vehicles, liens thereon, and transfers of ownership. The department is authorized by Article 11 (§ 46.2-750 et seq.) of Chapter 6 of Title 46.2 of the Code of Virginia to suspend or place a stop on vehicle registration privileges for noncompliance with certain requirements, including toll violations and personal property taxes and citation fees. The department is authorized by Chapter 12.1 (§ 46.2-1240 et seq.) of Title 46.2 of the Code of Virginia 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. The department is authorized by Article 6 (§ 46.2-1052 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia to issue waivers of the requirements for vehicle sun-shading and tinting films to individuals for medical reasons.

 

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 pursuant to Article 15 (§ 46.2-435 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia. The department is authorized by Article 8 (§ 46.2-705 et seq.) of Chapter 6 of Title 46.2 of the Code of Virginia to suspend driving privileges and vehicle registration privileges for noncompliance with certain DMV requirements, such as insurance monitoring requirements. 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 by Chapter 16 (§ 46.2-1600 et seq.) of Title 46.2 of the Code of Virginia 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. The Commissioner is authorized by Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2 of the Code of Virginia 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.

 

The department is authorized by Chapters 20 (§ 46.2-2000 et seq.) and 21 (§ 46.2-2100 et seq.) of Title 46.2 of the Code of Virginia 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 carrier operation of motor vehicles under lease. The department is 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 or tax-exempt passenger carriers.

 

Pursuant to Chapter 2 (§ 46.2-200 et seq.) of Title 46.2 of the Code of Virginia, 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.

 

Pursuant to Chapters 22 (§ 58.1-2200 et seq.), 22.1 (§ 58.1-2291 et seq.), and 27 (§ 58.1-2700 et seq.) of Title 58.1 of the Code of Virginia, 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. The department is authorized by § 46.2-703 of the Code of Virginia to enter into, administer, audit compliance with, make assessments pursuant to, and enforce the International Registration Plan.

 

Pursuant to Chapter 24 (§ 58.1-2400 et seq.) of Title 58.1 of the Code of Virginia, 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. 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 pursuant to Chapters 22 (§ 58.1-2200 et seq.) and 27 (§ 58.1-2700 et seq.) of Title 58.1 of the Code of Virginia. The department pays localities, through the collection of fees, for the disposal of abandoned vehicles pursuant to Chapters 6 (§ 46.2-600 et seq.) and 12 (§ 46.2-1200 et seq.) of Title 46.2 of the Code of Virginia Through the collection of fees, the department also supports statewide emergency medical services, driver education, driver improvement, and vehicle safety and air quality maintenance programs pursuant to Chapters 3 (§ 46.2-300 et seq.), 6 (§ 46.2-600 et seq.), and 10 (§ 46.2-1000 et seq.) of Title 46.2 of the Code of Virginia.

 

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 pursuant to Article 3 (§ 24.2-411 et seq.) of Chapter 4 of Title 24.2 of the Code of Virginia. The department is authorized to issue certified copies of birth, death, marriage, and divorce vital records in the custody of the State Registrar pursuant § 32.1-272 of the Code of Virginia. 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 pursuant to § 19.2-349.1 of the Code of Virginia. 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 by Article 1 (§ 46.2-200 et seq.) of Chapter 2 of Title 46.2 of the Code of Virginia and Item 439 of the Appropriation Act 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). The Commissioner is authorized by Article 1 (§ 46.2-200 et seq.) of Chapter 2 of Title 46.2 of the Code of Virginia 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.

 

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. The department's website can be found at http://www.dmvNOW.com.

Rev. 07/2024

Chapter 10
Public Participation Guidelines for Regulation Development and Promulgation [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]
Section 120
[Repealed]
Section 130
[Repealed]
Section 140
[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 30
Virginia Driver Improvement Act Rules and Regulations [Repealed]Read all
Chapter 40
Rules and Regulations on Accident Prevention Courses for Older DriversRead all
Chapter 50
Rules and Regulations for Motorcycle Rider Safety Training Center Program [Repealed]Read all
Chapter 60
Virginia Commercial Driver's License Regulations [Repealed]Read all
Chapter 70
Regulations Governing Requirements for Proof of Residency to Obtain a Virginia Driver's License or Photo Identification Card [Repealed]Read all
Chapter 80
Overload Permit Regulations [Repealed]Read all
Chapter 81
Hauling Permit Regulation [Repealed]Read all
Chapter 82
Overload and Hauling Permits RegulationRead all
Chapter 90
Evidence Required to Permit Registration or Reregistration of Vehicles for Which Proof of Tax Payment and of State Corporation Commission Registration Is Required [Repealed]Read all
Chapter 100
Virginia Motor Vehicle Rental Taxes and Fees Rules Regulations [Repealed]Read all
Chapter 110
T&M Vehicle, Trailer, and Motorcycle Dealer Advertising Practices and Enforcement Regulations [Repealed]Read all
Chapter 120
Commercial Driver Training School Regulations [Repealed]Read all
Chapter 121
Virginia Driver Training Schools RegulationsRead all
Chapter 130
International Registration Plan Virginia Rules and Regulations [Repealed]Read all

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