Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 10. Motor Vehicle and Equipment Safety
6/18/2024

Article 2. Testing, Evaluation, and Approval of Equipment.

§ 46.2-1005. Procedure for approval of equipment.

The Superintendent may establish a procedure for the approval of equipment required to be approved by him. Such procedure shall include the submission of a sample of the device for test and record purposes, submission of evidence that the device complies with this title and with recognized testing standards which the Superintendent is hereby authorized to adopt, and payment of the fee as provided by § 46.2-1008. The Superintendent shall then, within a reasonable time, either disapprove the device or issue a certificate of approval therefor.

The Superintendent may waive such approval and the issuance of a certificate of approval when the device or equipment required to be approved by this title is identified as complying with the standards and specifications of the Society of Automotive Engineers, the American National Standards Institute, Incorporated, or the regulations of the federal Department of Transportation.

Code 1950, § 46-313; 1954, c. 364; 1958, c. 541, § 46.1-311; 1960, c. 125; 1968, c. 172; 1970, c. 27; 1989, c. 727.

§ 46.2-1005.1. Auxiliary lights on motorcycles.

The Superintendent of State Police shall establish guidelines setting forth a procedure pursuant to § 46.2-1005 to allow for the submission and approval of auxiliary lights on motorcycles that are not approved by the Society of Automotive Engineers and shall publish such procedure on the Department of State Police's website by January 1, 2017. The approval of any lights or equipment shall also be published on the Department's website and the Department shall notify official safety inspection stations of such approved equipment.

2016, c. 701.

§ 46.2-1006. Approval of brake and head light testing methods and equipment.

The Superintendent shall approve methods of brake testing and head light testing. Approval of the use of mechanical brake and light testing equipment may be given by the Superintendent. When necessary, the Superintendent may call upon the United States Bureau of Standards or some other recognized testing agency to assist him in determining whether such mechanical testing equipment shall be approved for the purpose set forth in this chapter.

Code 1950, § 46-314; 1958, c. 541, § 46.1-312; 1989, c. 727.

§ 46.2-1007. Retesting of devices and revocation of approval certificates.

The Superintendent, when having reason to believe that an approved device or equipment for which a certificate of approval has been issued and which is being sold commercially does not, under ordinary conditions of use, comply with the requirements of this chapter, may, after notice to the manufacturer thereof, suspend or revoke the certificate of approval issued therefor, until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this chapter. If the certificate of approval for such device or equipment has been waived by the Superintendent as provided in § 46.2-1005, the notice to the manufacturer as provided in this section shall have the effect of making further sales of such device or equipment unlawful in the Commonwealth until such device or equipment has been submitted to the Superintendent and a certificate of approval has been issued in accordance with the procedure established pursuant to § 46.2-1005. The Superintendent may, at the time of retest, purchase in the open market and submit to the testing agency one or more sets of the approved device, and if the device fails to meet the requirements of this title, the Superintendent may permanently revoke the certificate of approval of the device. In the discretion of the Superintendent, an approval for the sale and use of any such device may be amended to permit the continued use of such devices already sold but to prohibit further sales of the device.

Code 1950, § 46-315; 1958, c. 541, § 46.1-313; 1960, c. 125; 1962, c. 146; 1989, c. 727.

§ 46.2-1008. Fees for approval certificates.

Any person who applies to the Superintendent for a certificate of approval required by this article shall pay a fee not to exceed the following amounts:

1. For approval and recordation of headlights, warning devices, safety glass, signal devices, and other devices required by this title to be approved by the Superintendent and not provided for elsewhere in this section, $150.

2. For approval and recordation of taillights, spot lights or any other lighting devices, seventy-five dollars.

3. For approval and recordation of brake-testing and light-testing machines, $100 for each type approved.

4. For approval and recordation of safety lap belts and shoulder straps or harnesses or any combination lap belt and shoulder strap or harness, fifty dollars.

5. For approval and recordation of safety glasses, face shields, or goggles for motorcycle operators, fifty dollars.

Fees collected under this section shall be used by the Superintendent in examining and testing devices to be approved and for maintaining and publishing necessary records.

Code 1950, § 46-316; 1956, c. 36; 1958, c. 541, § 46.1-314; 1962, c. 146; 1966, c. 37; 1968, c. 171; 1970, c. 25; 1989, c. 727.

§ 46.2-1009. Exemptions for certain electrically powered vehicles; standards and permits for such vehicles.

The provisions of §§ 46.2-1002 through 46.2-1008 shall not apply to vehicles which are powered solely by electricity, capable of speeds of no more than fifteen miles per hour. The Superintendent may establish standards for safety equipment to be used on such vehicles. Upon the establishment of such standards, permits to use such vehicles may be issued to persons owning vehicles meeting such standards by the officer in charge of the division of the Department of State Police having jurisdiction in the county, city, or town in which such person resides.

1973, c. 455, § 46.1-314.1; 1989, c. 727.