Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 10. Motor Vehicle and Equipment Safety
3/4/2024

Article 10. Miscellaneous Equipment.

§ 46.2-1072. Operation of vehicle without serial or identification number; requirements for stamping, cutting, or embossing numbers; regulations.

It shall be unlawful to sell or to drive on any highway in the Commonwealth any motor vehicle which does not have stamped on or cut into its motor its motor number or which does not bear a permanent serial or other identification number assigned by the manufacturer or by the Commissioner, or any trailer or semitrailer which does not bear a permanent serial or other identification number assigned by its manufacturer or the Commissioner. The number shall be stamped, cut, embossed, or attached in such a manner that it cannot be changed, altered, or removed without plainly showing evidence which would be readily detectable or which would destroy the attached plate. The number shall be die stamped, cut, or embossed into or attached to a permanent part of the vehicle which is easily accessible for verification. However, nonresident owners who are permitted to operate motor vehicles, trailers, or semitrailers without registration, under the registration provision relating to nonresidents contained in §§ 46.2-655 through 46.2-661 shall not be required to comply with this section before operating a motor vehicle, trailer, or semitrailer on the highways in the Commonwealth.

The Commissioner may adopt regulations to carry out the provisions of this section.

Code 1950, § 46-11; 1952, c. 545; 1958, c. 541, § 46.1-84; 1978, c. 294; 1989, c. 727; 1997, c. 96.

§ 46.2-1072.1. Fees.

The Commissioner may charge a fee of $125 per vehicle, for the examination, verification, or identification of the serial or identification number of any vehicle, motor vehicle, trailer, or semitrailer. The Commissioner may also receive applications for the issuance of an identification number and investigate the circumstances of the application. When the Commissioner is satisfied that the applicant is entitled to the identification number, the fee for the issuance of such identification number shall be five dollars. If any inspection under this provision is done at the same time as an inspection under § 46.2-1605, then only one $125 fee shall be charged for both inspections. All fees collected under this section 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 program.

1997, c. 96; 2006, c. 615.

§ 46.2-1073. Engine or serial number illegible, removed, or obliterated.

The owner of a motor vehicle, trailer, or semitrailer on which the engine, serial, or other identification number has become illegible or has been removed or obliterated shall immediately apply to the Department for a new identification number for such motor vehicle, trailer, or semitrailer. The Department, when satisfied that the applicant is the lawful owner or possessor of the motor vehicle, trailer, or semitrailer may assign a new identification number and shall require that such number, together with the name of the Commonwealth or a symbol indicating the Commonwealth and the date of such assignment, be stamped, inscribed or affixed upon such portion of the motor vehicle, trailer, or semitrailer as shall be designated by the Department. Whenever a new identification number has been assigned to and stamped, inscribed or affixed on a motor vehicle, trailer, or semitrailer as provided in this section, the Department shall insert the number on the registration card and certificate of title or salvage/nonrepairable certificate issued the motor vehicle, trailer, or semitrailer.

Code 1950, § 46-6; 1958, c. 541, § 46.1-4; 1989, c. 727; 1996, cc. 591, 917.

§ 46.2-1074. Removing or altering serial or identification numbers, decals and devices without consent of Department.

Any person who, individually or in association with one or more others, knowingly removes, changes, alters, or conceals any motor number, serial, or other identification number, decal or device affixed to a motor vehicle, trailer, semitrailer or motor vehicle part as required by federal law without the consent of the Department, shall be guilty of a Class 6 felony.

Code 1950, § 46-9; 1958, cc. 391, 541, § 46.1-82; 1978, cc. 294, 605; 1979, c. 428; 1989, c. 727; 1996, cc. 591, 917.

§ 46.2-1075. Possession of vehicles with serial numbers removed or altered.

Any person who shall knowingly have in his possession a motor vehicle, motor vehicle part, trailer, or semitrailer whose motor number, serial number, identification number, decal or device as required by federal law has been removed, changed, or altered without the consent of the Department shall be guilty of a Class 6 felony.

Code 1950, § 46-10; 1958, c. 541, § 46.1-83; 1978, cc. 294, 605; 1979, c. 428; 1989, c. 727; 1996, cc. 591, 917.

§ 46.2-1075.1. Tampering with gross vehicle weight ratings; penalty.

It shall be unlawful for any person willfully to remove, alter, deface, or tamper with any number, plate, bracket, sticker, decal, indication, or other device indicating the manufacturer's gross vehicle weight rating of any vehicle which (i) has a manufacturer's gross vehicle weight rating of 15,000 pounds or less and (ii) has been modified by alteration of its height from the ground. Violation of this section shall constitute a Class 3 misdemeanor.

1991, c. 193.

§ 46.2-1076. Lettering on certain vehicles.

A. No person shall drive, cause to be driven, or permit the driving of a "for hire" motor vehicle on the highways in the Commonwealth unless the legal name or trade name of the motor carrier as defined in Chapter 20 (§ 46.2-2000 et seq.) or Chapter 21 (§ 46.2-2100 et seq.) operating the vehicle is plainly displayed on both sides of the vehicle. The letters and numerals in the display shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion. The display shall be kept legible and may take the form of a removable device which meets the identification and legibility requirements of this section.

B. This section shall not apply to any motor vehicle:

1. Having a registered gross weight of less than 10,000 pounds;

2. Which is used exclusively for weddings or funeral services;

3. Which is rented without chauffeur and operated under a valid lease which gives the lessee exclusive control of the vehicle; or

4. Which is used exclusively as an emergency medical services vehicle.

C. Subsection A shall also apply to tow trucks used in providing service to the public for hire. For the purposes of this section, "tow truck" means any motor vehicle which is constructed and used primarily for towing, lifting, or otherwise moving disabled vehicles.

D. No person shall drive on the highways in the Commonwealth a pickup or panel truck, tractor truck, trailer, or semitrailer bearing any name other than that of the vehicle's owner or lessee. However, the provisions of this subsection shall not apply to advertising material for another, displayed pursuant to a valid contract.

Code 1950, § 46-63; 1950, p. 251; 1958, c. 541, §§ 46.1-64, 46.1-158.1; 1960, c. 79; 1972, cc. 77, 609; 1974, c. 400; 1975, c. 124; 1979, c. 620; 1989, c. 727; 2013, cc. 165, 582; 2015, cc. 502, 503.

§ 46.2-1077. Motor vehicles not to be equipped with television within view of driver; viewing motion pictures or similar displays while driving.

A. No motor vehicle registered in the Commonwealth shall be equipped with, nor shall there be used therein, a television receiver when the moving images are visible to the driver while the vehicle is in motion. The operator of a motor vehicle that is not required to be registered in the Commonwealth shall not operate a television receiver that violates the provisions of this section while driving in the Commonwealth.

The prohibitions contained in this subsection shall not, however, include:

1. Electronic displays used in conjunction with vehicle navigation and mapping systems, or as part of a digital dispatch system;

2. Closed circuit video monitors designed to operate only in conjunction with dedicated video cameras and used in rear-view systems on trucks, motor homes, and other motor vehicles;

3. Television receivers or monitors used in government-owned vehicles by law-enforcement officers and employees of the Department of Transportation in the course of their official duties;

4. Visual displays used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;

5. A vehicle information display;

6. A visual display used to enhance or supplement a driver's view of vehicle occupants;

7. Television-type receiving equipment used exclusively for safety or traffic engineering information; or

8. A television receiver, video monitor, television or video screen, or any other similar means of visually displaying a moving image, if that equipment is factory-installed and has an interlock device that, when the motor vehicle operator is performing one or more of the driving tasks, disables the equipment so that such moving images are not visible to the motor vehicle operator except as a visual display described in subdivisions 1 through 7. For the purposes of this subdivision, "driving task" means all of the real-time functions required to operate a vehicle in on-road traffic, excluding the selection of destinations and waypoints, and including steering, turning, lane keeping and lane changing, accelerating, and decelerating.

B. Except for displays explicitly authorized in subsection A, no driver of any motor vehicle shall view any motion picture or similar video display while driving.

Code 1950, § 46-219.1; 1950, p. 882; 1958, c. 541, § 46.1-202; 1989, c. 727; 1994, c. 117; 2005, cc. 210, 913; 2007, c. 110; 2011, c. 275; 2016, cc. 302, 707.

§ 46.2-1077.01. Display of certain visual material in motor vehicles prohibited; penalty.

It shall be unlawful for the operator of any motor vehicle on a public highway to display or permit the display within the vehicle of any image, motion picture, or video display that is obscene as defined in § 18.2-372 if such image, motion picture, or video display can be seen by persons outside the vehicle. Violation of this section shall constitute a Class 4 misdemeanor.

2005, c. 669.

§ 46.2-1077.1. Mobile infrared transmitters; demerit points not to be awarded.

A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with a mobile infrared transmitter or any other device or mechanism, passive or active, used to preempt or change the signal given by a traffic light so as to give the right-of-way to the vehicle equipped with such device. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth, except for uses permitted under this section. In addition, the provisions of this section shall not apply to any law-enforcement, firefighting, or emergency medical services vehicle responding to an emergency call or operating in an emergency situation or any vehicle providing public transportation service in a corridor approved for public transportation priority by the Virginia Department of Transportation or the governing body of any county, city, or town having control of the highways within its boundaries.

This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

Except as provided in subsection B, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.

B. A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.

C. No demerit points shall be awarded by the Commissioner for violations of this section.

2004, c. 268; 2015, cc. 502, 503.

§ 46.2-1078. Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones.

It shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on the highways in the Commonwealth while using earphones on or in both ears.

For the purpose of this section, "earphones" shall mean any device worn on or in both ears that converts electrical energy to sound waves or which impairs or hinders the person's ability to hear, but shall not include (i) any prosthetic device that aids the hard of hearing, (ii) earphones installed in helmets worn by motorcycle operators and riders and used as part of a communications system, or (iii) nonprosthetic, closed-ear, open-back, electronic noise-cancellation devices designed and used to enhance the hearing ability of persons who operate vehicles in high-noise environments, provided any such device is being worn by the operator of a vehicle with a gross vehicle weight rating of 26,000 pounds or more. The provisions of this section shall not apply to the driver of any emergency vehicle as defined in § 46.2-920.

Code 1950, § 46-219.1; 1950, p. 882; 1958, c. 541, § 46.1-202.1; 1989, c. 727; 1993, c. 126; 1997, c. 36; 2001, c. 834; 2002, c. 254.

§ 46.2-1078.1. Repealed.

Repealed by 2020, cc. 250 and 543, cl. 2, effective January 1, 2021.

§ 46.2-1079. Radar detectors; demerit points not to be awarded.

A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.

B. A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.

C. This section shall not apply to motor vehicles owned by the Commonwealth or any political subdivision thereof and used by law-enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties.

D. No demerit points shall be awarded by the Commissioner for violations of this section. Any demerit points awarded by the Commissioner prior to July 1, 1992, for any violation of this section shall be rescinded and the driving record of any person awarded demerit points for a violation of this section shall be amended to reflect such rescission.

1962, c. 125, § 46.1-198.1; 1975, c. 108; 1976, c. 90; 1978, cc. 87, 91; 1981, c. 303; 1989, c. 727; 1992, c. 825; 1998, c. 300.

§ 46.2-1080. Speedometer in good working order.

It shall be unlawful for any person to possess with intent to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use or have as a part of the equipment of a motor vehicle, or to use or have as equipment on a motor vehicle operated on a highway any speedometer which is not in good working order.

Code 1950, § 46-311; 1958, c. 541, § 46.1-308; 1960, c. 125; 1968, c. 172; 1970, c. 26; 1984, c. 426; 1989, c. 727.

§ 46.2-1081. Slow-moving vehicle emblems.

A. Every farm tractor, self-propelled unit of farm equipment or implement of husbandry, and any other vehicle designed for operation at speeds not in excess of 25 miles per hour or normally operated at speeds not in excess of 25 miles per hour, shall display a triangular slow-moving vehicle emblem on the rear of the vehicle when traveling on a public highway at any time of the day or night.

B. Should a slow-moving vehicle tow a unit on a public highway, then the towing vehicle or the towed unit shall be equipped with the slow-moving vehicle emblem as follows:

1. If the towed unit or any load thereon obscures the slow-moving vehicle emblem on the towing vehicle, the towed unit shall be equipped with a slow-moving vehicle emblem, in which case the towing vehicle need not display such emblem.

2. If the slow-moving vehicle emblem on the towing vehicle is not obscured by the towed unit or any load thereon, then either or both such vehicles may be equipped with such emblem.

C. The standards and specifications for the slow-moving vehicle emblem and the position of mounting of the emblem shall conform to standards and specifications adopted by the American Society of Agricultural Engineers, the Society of Automotive Engineers, the American National Standards Institute, Inc., or the federal Department of Transportation.

D. The use of the slow-moving vehicle emblem shall be restricted to the uses specified in this title.

E. The provisions of this section shall not apply to bicycles, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters. Display of a slow-moving vehicle emblem on a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter shall not be deemed a violation of this section.

1970, c. 301, § 46.1-264.1; 1972, c. 146; 1978, c. 605; 1989, c. 727; 1996, c. 82; 2003, cc. 29, 46; 2019, c. 780.

§ 46.2-1082. Mirrors.

No person shall drive a motor vehicle on a highway in the Commonwealth if the vehicle is not equipped with a mirror which reflects to the driver a view of the highway for a distance of not less than 200 feet to the rear of such vehicle.

No motor vehicle registered in the Commonwealth, designed and licensed primarily for passenger vehicular transportation on the public highways and manufactured after 1968 shall be driven on the highways in the Commonwealth unless equipped with at least one outside and at least one inside rear view mirror meeting the requirements of this section.

Notwithstanding the other provisions of this section, no motor vehicle which either has no rear window, or which has a rear window so obstructed as to prevent rearward vision by means of an inside rear view mirror, shall be required to be equipped with an inside rear view mirror if such motor vehicle has horizontally and vertically adjustable outside rear view mirrors installed on both sides of such motor vehicle in such a manner as to provide the driver of such motor vehicle a rearward view along both sides of such motor vehicle for at least 200 feet.

Code 1950, § 46-294; 1958, c. 541, § 46.1-289; 1968, c. 730; 1980, c. 13; 1989, c. 727.

§ 46.2-1083. Rear fenders, flaps, or guards required for certain motor vehicles.

No person shall operate on a highway any motor vehicle or combination of vehicles having a licensed gross weight in excess of 40,000 pounds unless the motor vehicle or combination of vehicles is equipped with rear fenders, flaps, or guards of sufficient size to substantially prevent the projection of rocks, dirt, water, or other substances to the rear. Vehicles used exclusively for hauling logs and tractor trucks shall be exempt from the provisions of this section.

Code 1950, § 46-294.1; 1954, c. 403; 1958, c. 541, § 46.1-290; 1960, c. 120; 1981, c. 304; 1989, c. 727.

§ 46.2-1084. Vehicle to have securely affixed seat for driver; location of such seat.

It shall be unlawful for any person to drive any motor vehicle on a highway in the Commonwealth unless it is equipped with a securely affixed seat for the driver. The seat shall be so located as to permit the driver to adequately control the steering and braking mechanisms and other instruments necessary for the safe operation of the motor vehicle.

1973, c. 56, § 46.1-302.1; 1989, c. 727.

§ 46.2-1085. Repealed.

Repealed by Acts 2003, c. 686.

§ 46.2-1086. Devices for emission of smoke screens, gas projectors or flame throwers; prohibited.

It shall be a Class 6 felony to install or to aid or abet in installing, in any manner, in or on any motor vehicle any device, appliance, equipment, or instrument of any kind, character, or description, or any part of such device, appliance, equipment, or instrument, designed for generating or emitting smoke, thereby creating what is commonly known as a "smoke screen," or of emitting any gas or flame which may be a hindrance or obstruction to traffic. It shall also be a Class 6 felony to knowingly possess or drive on the highways any motor vehicle so equipped.

Additionally, the driver's license of any person convicted of a violation of this section shall be suspended for six months from the date of conviction.

The provisions of this section shall not apply to vehicles used in applying herbicides, insecticides, or pesticides.

Code 1950, § 46-309; 1958, c. 541, § 46.1-305; 1962, c. 302; 1989, c. 727.

§ 46.2-1087. Forfeiture of vehicles equipped with smoke projectors, etc.

Any motor vehicle found to be equipped with any device, appliance, equipment, or instrument, as mentioned in § 46.2-1086, or equipped for the installation or attachment of any "smoke screen" or gas or flame emitting device, appliance, equipment, or instrument, as so mentioned, shall be forfeited to the Commonwealth, and upon being condemned as forfeited in proceedings under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, the proceeds of sale shall be disposed of according to law. No such forfeiture, however, shall take place unless the owner or operator knows that such vehicle is so equipped.

Code 1950, § 46-310; 1958, c. 541, § 46.1-306; 1989, c. 727; 2012, cc. 283, 756.

§ 46.2-1088. Air conditioning units.

No motor vehicle operated on any highway shall be equipped with any air conditioning unit unless such device is of a type approved as to safety by the Superintendent. The Superintendent is authorized to promulgate regulations setting specifications relating to the design, construction, installation, maintenance, and use of such air conditioning units. No refrigerant used in such unit shall be explosive, flammable, or toxic, unless the refrigerant is included in the list published by the United States Environmental Protection Agency as a safe alternative motor vehicle air conditioning substitute for chloroflourocarbon-12, pursuant to 42 U.S.C. 7671 k (c).

Code 1950, § 46-310.1; 1954, c. 217; 1958, c. 541, § 46.1-307; 1989, c. 727; 2008, c. 443.

§ 46.2-1088.1. Hood scoops.

No motor vehicle shall be operated on a public highway in the Commonwealth if any hood scoop installed thereon exceeds any of the following dimensions:

1. For any hood scoop installed on any motor vehicle manufactured for the 1990 or earlier model year: thirty-eight inches wide at its widest point, two and one-quarter inches high at its highest point measured from the junction of the dashboard and the windshield, and fifty-two and one-quarter inches long at its longest point.

2. For any hood scoop installed on any motor vehicle manufactured for the 1991 or subsequent model year: thirty-eight inches wide at its widest point, one and one-eighth inches high at its highest point measured from the junction of the dashboard and the windshield, and fifty and one-half inches long at its longest point.

1991, c. 494.

§ 46.2-1088.2. Warning devices required on certain vehicles.

Any self-propelled vehicle used to sell ice cream, snacks and similar products at retail directly from the vehicle in residential neighborhoods shall be equipped with a device or devices, of a type approved by the Superintendent of State Police, in good working order, that, whenever the vehicle is operated in reverse gear, automatically display a light signal and emit an audible alarm signal. The provisions of this section shall not be construed to authorize such vehicles to be equipped with red, blue, or amber warning lights unless authorized under Article 3 (§ 46.2-1010 et seq.) of this chapter.

The provisions of this section shall not apply to vehicles commonly known as "concession trailers," "special events trailers" and similar equipment used to sell or dispense food, soft drinks, bottled water, fruit drinks, wine or malt beverages directly to consumers.

2001, c. 200.

§ 46.2-1088.3. Air bags; installation of other object in lieu of air bag prohibited; manufacture, sale, etc., of counterfeit or nonfunctional air bag prohibited; notice of installation of previously installed air bag required; penalties.

A. As used in this section:

"Counterfeit air bag" means a replacement air bag or a replacement air bag component displaying an unauthorized mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts for a motor vehicle manufacturer.

"Nonfunctional air bag" means a replacement air bag that has been previously deployed, damaged, or is otherwise inoperable or that has a fault that is detected by the vehicle diagnostic system after the installation procedure is complete and includes any object, including a counterfeit air bag, intended to deceive the vehicle's owner into believing the object is a functional air bag.

B. Any person who, without the knowledge of the vehicle's owner or the person requesting the installation, reinstallation, or replacement of a motor vehicle air bag, installs or reinstalls any air bag or other component of the vehicle's inflatable restraint system knowing that the air bag installation is not in accordance with federal safety regulations applicable to that specific line-make, model, and model year vehicle is guilty of a Class 1 misdemeanor.

C. Any person who, without the knowledge of the vehicle's owner or the person requesting the installation, reinstallation, or replacement of a motor vehicle air bag, installs, reinstalls, or replaces a motor vehicle air bag or other component of the vehicle's inflatable restraint system with an air bag or other component of a vehicle's inflatable restraint system knowing that the air bag was previously installed in another motor vehicle is guilty of a Class 2 misdemeanor.

D. Any person who knowingly manufactures, imports, sells, installs, or reinstalls a counterfeit air bag or nonfunctional air bag, or any device that is intended to conceal a counterfeit air bag or nonfunctional air bag, in a motor vehicle is guilty of a Class 1 misdemeanor.

E. The provisions of this section shall not apply to the sale, installation, reinstallation, or replacement of any motor vehicle air bag on vehicles used solely for police work, as described in § 46.2-750.1.

F. Any sale, installation, reinstallation, or replacement of a motor vehicle air bag in violation of this section shall not be construed as a superseding cause that limits the liability of any party in any civil action.

2002, c. 402; 2019, c. 392.

§ 46.2-1088.4. Devices used to supply nitrous oxide to the engines of motor vehicles.

It shall be unlawful for any person to operate any motor vehicle on the highways of the Commonwealth if such vehicle is equipped with any device that supplies the vehicle's engine with nitrous oxide, unless the device has been disabled such that the supply of nitrous oxide is disconnected and not readily accessible to the source of delivery.

Violation of any provision of this section shall constitute a Class 3 misdemeanor.

2004, c. 282.

§ 46.2-1088.5. Reflectors or reflectorized material required on rear end of certain trailers.

There shall be affixed to the rear end of every utility trailer that does not require state inspection either two or more reflectors of a type approved by the Superintendent or at least 100 square inches of solid reflectorized material. The reflectors or reflective material shall be applied so as to outline the rear end of the trailer. For the purposes of this section, "utility trailer" means a trailer whose body and tailgate consist largely or exclusively of a metal mesh.

2004, c. 785; 2005, c. 563.

§ 46.2-1088.6. Motor vehicle recording devices.

A. As used in this section:

"Accessed" means downloaded, extracted, scanned, read, or otherwise retrieved.

"Owner" means a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a security agreement; or a person entitled to possession of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.

"Recorded data" means the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to:

1. Speed of the motor vehicle or the direction in which the vehicle is traveling, or both;

2. Vehicle location data;

3. Vehicle steering performance;

4. Vehicle brake performance including, but not limited to, whether brakes were applied before a crash;

5. The driver's seatbelt status; and

6. Information concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system.

"Recording device" means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. "Recording device" includes event data recorders (EDRs), sensing and diagnostic modules (SDMs), electronic control modules (ECMs), automatic crash notification (ACN) systems, geographic information systems (GIS), and any other device that records and preserves data that can be accessed related to that vehicle.

B. Recorded data may only be accessed by the motor vehicle owner or with the consent of the motor vehicle owner or the owner's agent or legal representative; except under the following circumstances:

1. The owner of the motor vehicle or the owner's agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the recorded data is only accessed and used in accordance with the contract;

2. A licensed new motor vehicle dealer, or a technician or mechanic at a motor vehicle repair or servicing facility requires access to recorded data in order to carry out his normal and ordinary diagnosing, servicing, and repair duties and such recorded data is used only to perform such duties;

3. The recorded data is accessed by an emergency response provider and is used only for the purpose of determining the need for or facilitating an emergency response. Such persons are authorized to receive data transmitted or communicated by any electronic system of a motor vehicle that constitutes an automatic crash notification system and utilizes or reports data provided by or recorded by recording devices installed on or attached to a motor vehicle to assist them in performing their duties as emergency response providers;

4. Upon authority of a court of competent jurisdiction; or

5. The recorded data is accessed by law enforcement in the course of an investigation where constitutionally permissible and in accordance with any applicable law regarding searches and seizures upon probable cause to believe that the recording device contains evidence relating to a violation of the laws of the Commonwealth or the United States.

C. The consent of the motor vehicle owner or the owner's agent or legal representative for use of recorded data for purposes of investigating a motor vehicle accident or insurance claim shall not be requested or obtained until after the event giving rise to the claim has occurred, and shall not be made a condition of the defense, payment or settlement of an obligation or claim. For underwriting and rating purposes, the motor vehicle owner may provide his consent either directly to the insurer or through and as certified by a named insured.

D. If a person or entity accesses recorded data pursuant to subdivisions B 2 or B 3, such entity or person shall not transmit or otherwise convey the recorded data to a third party unless necessary to carry out their duties thereunder.

E. When the recording device and recorded data are not removed or separated from the motor vehicle, the ownership of the recording device and recorded data survives the sale of the motor vehicle to any nonbeneficial owner such as an insurer, salvage yard, or other person who does not possess and use the motor vehicle for normal transportation purposes.

F. The failure of an insurer to obtain access to the recorded data shall not create, nor shall it be construed to create, an independent or private cause of action in favor of any person.

2006, cc. 851, 889.