Code of Virginia

Code of Virginia
Title 46.2. Motor Vehicles
9/19/2019

Article 21. Safety Inspections.

§ 46.2-1157. Inspection of motor vehicles required.

A. The owner or operator of any motor vehicle, trailer, or semitrailer registered in Virginia and operated or parked on a highway within the Commonwealth shall submit his vehicle to an inspection of its mechanism and equipment by an official inspection station, designated for that purpose, in accordance with § 46.2-1158. No owner or operator shall fail to submit a motor vehicle, trailer, or semitrailer operated or parked on the highways in the Commonwealth to such inspection or fail or refuse to correct or have corrected in accordance with the requirements of this title any mechanical defects found by such inspection to exist.

B. The provisions of this section requiring safety inspections of motor vehicles shall also apply to vehicles used for firefighting; inspections of firefighting vehicles shall be conducted pursuant to regulations promulgated by the Superintendent of State Police, taking into consideration the special purpose of such vehicles and the conditions under which they operate.

C. Each day during which such motor vehicle, trailer, or semitrailer is operated or parked on any highway in the Commonwealth after failure to comply with this law shall constitute a separate offense.

D. Except as otherwise provided, autocycles shall be inspected as motorcycles under this article.

Code 1950, § 46-317; 1950, p. 691; 1958, c. 541, § 46.1-315; 1962, c. 246; 1978, cc. 275, 605; 1982, c. 646; 1989, c. 727; 1991, cc. 107, 717; 1993, c. 134; 1995, c. 670; 1997, c. 283; 2004, cc. 267, 796; 2007, cc. 75, 137; 2009, cc. 115, 514, 756; 2011, c. 283; 2014, cc. 53, 256.

§ 46.2-1158. Frequency of inspection; scope of inspection.

Motor vehicles, trailers, and semitrailers required to be inspected pursuant to the provisions of § 46.2-1157 shall be reinspected within 12 months of the month of the first inspection and at least once every 12 months thereafter.

Each inspection shall be a complete inspection. A reinspection of a rejected vehicle by the same station during the period of validity of the rejection sticker on such vehicle, however, need only include an inspection of the item or items previously found defective unless there is found an obvious defect that would warrant further rejection of the vehicle.

A rejection sticker shall be valid for 15 calendar days beyond the day of issuance. A complete inspection shall be performed on any vehicle bearing an expired rejection sticker.

The completion of the conversion process for a converted electric vehicle shall invalidate any inspection of such vehicle conducted in accordance with this section prior to the conversion. Following the initial inspection of a converted electric vehicle, as required under § 46.2-602.3 and the provisions of this chapter, such vehicle shall be reinspected in accordance with this section.

1977, c. 655, § 46.1-315.2; 1978, cc. 302, 748; 1982, c. 646; 1989, c. 727; 2012, c. 177.

§ 46.2-1158.01. Exceptions to motor vehicle inspection requirement.

A. The following shall be exempt from inspection as required by § 46.2-1157:

1. Four-wheel vehicles weighing less than 500 pounds and having less than 6 horsepower;

2. Boat, utility, or travel trailers that are not equipped with brakes;

3. Antique motor vehicles or antique trailers as defined in § 46.2-100 and licensed pursuant to § 46.2-730;

4. Any motor vehicle, trailer, or semitrailer that is outside the Commonwealth at the time its inspection expires when operated by the most direct route to the owner's or operator's place of residence or the owner's legal place of business in the Commonwealth;

5. A truck, tractor truck, trailer, or semitrailer for which the period fixed for inspection has expired while the vehicle was outside the Commonwealth (i) from a point outside the Commonwealth to the place where such vehicle is kept or garaged within the Commonwealth or (ii) to a destination within the Commonwealth where such vehicle will be (a) unloaded within 24 hours of entering the Commonwealth, (b) inspected within such 24-hour period, and (c) operated, after being unloaded, only to an inspection station or to the place where it is kept or garaged within the Commonwealth;

6. New motor vehicles, new trailers, or new semitrailers operated upon the highways of the Commonwealth for the purpose of delivery from the place of manufacture to the dealer's or distributor's designated place of business or between places of business if such manufacturer, dealer, or distributor has more than one place of business; dealers or distributors may take delivery and operate upon the highways of the Commonwealth new motor vehicles, new trailers, or new semitrailers from another dealer or distributor provided a motor vehicle, trailer, or semitrailer shall not be considered new if driven upon the highways for any purpose other than the delivery of the vehicle;

7. New motor vehicles, new trailers, or new semitrailers bearing a manufacturer's license operated for test purposes by the manufacturer;

8. Motor vehicles, trailers, or semitrailers operated for test purposes by a certified inspector during the performance of an official inspection;

9. New motor vehicles, new trailers, or new semitrailers operated upon the highways of the Commonwealth over the most direct route to a location for installation of a permanent body;

10. Motor vehicles, trailers, or semitrailers purchased outside the Commonwealth driven to the purchaser's place of residence or the dealer's or distributor's designated place of business;

11. Prior to purchase from auto auctions, motor vehicles, trailers, or semitrailers operated upon the highways not to exceed a 10-mile radius of such auction by prospective purchasers only for the purpose of road testing and motor vehicles, trailers, or semitrailers purchased from auto auctions operated upon the highways from such auction to (i) an official safety inspection station provided that (a) the inspection station is located between the auto auction and the purchaser's residence or place of business or within a 10-mile radius of such residence or business and (b) the vehicle is taken to the inspection station on the same day the purchaser removes the vehicle from the auto auction or (ii) the purchaser's place of residence or business;

12. Motor vehicles, trailers, or semitrailers, after the expiration of a period fixed for the inspection thereof, (i) operated over the most direct route between the place where such vehicle is kept or garaged and an official inspection station or (ii) parked on a highway and that have been submitted for a motor vehicle safety inspection to an official inspection station, for the purpose of having the same inspected pursuant to a prior appointment with such station;

13. Any vehicle for transporting well-drilling machinery and mobile equipment as defined in § 46.2-700;

14. Motor vehicles being towed in a legal manner as exempted under § 46.2-1150;

15. Logtrailers as exempted under § 46.2-1159;

16. Motor vehicles designed or altered and used exclusively for racing or other exhibition purposes as exempted under § 46.2-1160;

17. Any tow dolly or converter gear as defined in § 46.2-1119;

18. A new motor vehicle, as defined in § 46.2-1500, that has been inspected in accordance with an inspection requirement of the manufacturer or distributor of the new motor vehicle by an employee who customarily performs such inspection on behalf of a motor vehicle dealer licensed pursuant to § 46.2-1508. Such inspection shall be deemed to be the first inspection for the purpose of § 46.2-1158, and an inspection approval sticker furnished by the Department of State Police at the uniform price paid by all official inspection stations to the Department of State Police for an inspection approval sticker may be affixed to the vehicle as required by § 46.2-1163;

19. Mopeds;

20. Low-speed vehicles;

21. Vehicles exempt from registration pursuant to Article 6 (§ 46.2-662 et seq.) of Chapter 6; and

22. Military surplus motor vehicles as defined in § 46.2-100 and licensed pursuant to § 46.2-730.1.

B. The following shall be exempt from inspection as required by § 46.2-1157 provided that (i) the commercial motor vehicle operates in interstate commerce; (ii) the commercial motor vehicle is found to meet the federal requirements for annual inspection through a self-inspection, a third-party inspection, a Commercial Vehicle Safety Alliance inspection, or a periodic inspection performed by any state with a program; (iii) the inspection has been determined by the Federal Motor Carrier Safety Administration to be comparable to or as effective as the requirements of 49 C.F.R. § 396.3(a); and (iv) documentation of such determination as provided for in 49 C.F.R. § 396.3(b) is available for review by law-enforcement officials to verify that the inspection is current:

1. Any commercial motor vehicle operating in interstate commerce that is subject to the Federal Motor Carrier Safety Regulations;

2. Any trailer or semitrailer being operated in interstate commerce that is subject to the Federal Motor Carrier Safety Regulations.

2011, c. 283; 2016, cc. 128, 702; 2018, c. 555; 2019, c. 69.

§ 46.2-1158.02. Penalty for failure to have motor vehicle inspection.

Notwithstanding the penalty provisions of § 46.2-1171, a violation of § 46.2-1158 constitutes a traffic infraction. The court may, in its discretion, dismiss a summons issued under § 46.2-1158 where correction of vehicle or safety equipment defects or proof of compliance with § 46.2-1158 is provided to the court subsequent to the issuance of the summons.

2011, c. 283.

§ 46.2-1158.1. Extension of validity of vehicle safety inspection approval stickers issued for vehicles whose registered owners are persons in the armed services of the United States.

Notwithstanding any contrary provision of law, any vehicle safety inspection approval sticker issued for any vehicle that is principally garaged outside the Commonwealth while its registered owner is a person in the armed services of the United States shall be held not to have expired during the period of the owner's official absence from the Commonwealth in the armed services of the United States, regardless of whether such vehicle is operated in or through the Commonwealth during the owner's official absence from the Commonwealth in the armed services of the United States. Should the armed services member be domiciled in another state of the United States, nothing in this section shall be construed to absolve such person from obtaining a current inspection sticker from his state of domicile, if required by such state. In cases where a vehicle's owner has been officially absent from the Commonwealth because of service in the armed services of the United States but returns to Virginia following such official absence and the vehicle becomes operational in the Commonwealth, the vehicle's owner will have 14 calendar days following such return, Sundays and holidays excepted, to have the vehicle inspected. Furthermore, no penalty shall be imposed on any such owner or operator for operation of a motor vehicle, trailer, or semitrailer after the expiration of a period fixed for the inspection thereof, over the most direct route between the place where such vehicle is kept or garaged and an official inspection station for the purpose of having it inspected pursuant to an appointment with such station.

Motor vehicles owned and operated by persons on active duty with the United States armed forces who are Virginia residents stationed outside the Commonwealth at the time the inspection expires may be operated on the highways of the Commonwealth while persons on active duty are on leave, provided such vehicle displays a valid inspection sticker issued by another state.

For the purposes of this section, "service in the armed services of the United States" includes active duty service with the regular armed forces of the United States or the National Guard or other reserve component.

2005, c. 582; 2008, c. 722; 2009, c. 523; 2011, c. 283; 2014, cc. 67, 250.

§ 46.2-1159. Logtrailers defined; exempt from inspection under certain conditions.

For the purpose of this section, a "logtrailer" shall be any vehicle designed and used solely as an implement for hauling logs, lumber, or other forest products from the forest to the mill or loading platform. Log trailers shall be exempt from the requirements of § 46.2-1157 if operation on the highways in the Commonwealth does not exceed two miles and is made during daylight hours.

Code 1950, § 46-317.1; 1954, c. 436; 1958, c. 541, § 46.1-316; 1989, c. 727.

§ 46.2-1160. Towed vehicle defined; exempt from inspection requirement.

For the purpose of this section a towed vehicle shall be any motor vehicle designed or altered and used exclusively for racing or other exhibition purposes at places other than the highways in the Commonwealth where such vehicle does not operate under its own power on the highways in the Commonwealth in going to or from such places. A towed vehicle as defined in this section shall be exempt from the requirements of § 46.2-1157.

Code 1950, § 46-317.2; 1956, c. 128; 1958, c. 541, § 46.1-317; 1989, c. 727.

§ 46.2-1161. Repealed.

Repealed by Acts 2011, c. 283, cl. 2.

§ 46.2-1161.1. Inspections of trailers and semitrailers equipped with heating or cooking appliances.

If any trailer or semitrailer subject to the periodic safety inspections required by this article is equipped with a heating or cooking appliance, the safety inspection of such trailer or semitrailer shall include a visual inspection of the venting of such cooking or heating appliance to the outside of the trailer or semitrailer. No safety inspection approval sticker shall be issued to any such trailer or semitrailer unless any such heating or cooking appliance is adequately vented to prevent the asphyxiation of occupants of any such trailer or semitrailer by the operation of the heating or cooking appliance.

1991, c. 169.

§ 46.2-1162. Inspection of certain trailers.

Any trailer required to be inspected under the provisions of this article may, only if the size or configuration of the trailer and the size and configuration of the facilities of the inspection station prevent the trailer from being inspected inside the inspection station, be inspected outside the inspection station. The provisions of this section shall apply only to trailers as defined in § 46.2-100 and shall not apply to recreational vehicles commonly known as "motor homes" or to any vehicle required to be equipped with head lights.

1982, c. 159, § 46.1-317.2; 1989, c. 727.

§ 46.2-1163. Official inspection stations; safety inspection approval stickers; actions of Superintendent subject to the Administrative Process Act.

The Superintendent may designate, furnish instructions to, and supervise official inspection stations for the inspection of motor vehicles, trailers, and semitrailers and for adjusting and correcting equipment enumerated in this chapter in such a manner as to conform to specifications hereinbefore set forth. The Superintendent shall adopt and furnish to such official inspection stations regulations governing the making of inspections required by this chapter. The Superintendent may at any time, after five days' written notice, revoke the designation of any official inspection station designated by him.

If no defects are discovered or when the equipment has been corrected in accordance with this title, the official inspection station shall issue to the operator or owner of the vehicle, on forms furnished by the Department of State Police, a duplicate of which is retained by such station, a certificate showing the date of correction, registration number of the vehicle, and the official designation of such station. On or before December 1, 2010, any information an official inspection station is required to provide to the Department of State Police shall be accepted by the Department in electronic form. There also shall be placed on the windshield of the vehicle at a place to be designated by the Superintendent an approval sticker furnished by the Department of State Police. If any vehicle is not equipped with a windshield, the approval sticker shall be placed on the vehicle in a location designated by the Superintendent. If the vehicle is a motorcycle, the approval sticker may, at the discretion of the motorcycle owner, be placed on a plate securely fastened to the motorcycle for the purpose of displaying the sticker or affixed to the motorcycle. The Superintendent shall designate the location on which such plate shall be fastened or such sticker shall be affixed to the motorcycle. This sticker shall be displayed on the windshield of such vehicle or at such other designated place upon the vehicle at all times when it is operated or parked on the highways in the Commonwealth and until such time as a new inspection period shall be designated and a new inspection sticker issued. Common carriers, operating under certificate from the State Corporation Commission or the Department of Motor Vehicles, who desire to do so may use with the approval of the Superintendent private inspection stations for the inspection and correction of their equipment.

The Superintendent shall provide motor vehicle safety inspection information upon the written request of an individual or corporate entity or such entity's agent. Any information provided shall not include personal information. The Superintendent may make a reasonable charge for furnishing information under this section but no fee shall be charged to any official of the Commonwealth, including court and police officials; officials of counties, cities, or towns; local government self-insurance pools; or the court, police, or licensing officials of other states or of the federal government, provided that the information requested is for official use and such officials do not charge the Commonwealth a fee for the provision of the same or substantially similar information. Vehicle information, including all descriptive vehicle data, submitted to or received from the Department of State Police related to such a request shall not be considered a public record for the purposes of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The fees received by the Superintendent pursuant to this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department of State Police's motor vehicle safety inspection program.

Actions of the Superintendent relating to official inspection stations shall be governed by the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

Code 1950, § 46-318; 1954, c. 57; 1956, c. 381; 1958, c. 541, § 46.1-318; 1989, c. 727; 1996, c. 573; 2003, c. 138; 2006, c. 620; 2007, cc. 75, 137; 2009, c. 241; 2017, cc. 322, 332; 2018, c. 333.

§ 46.2-1164. Reinspection not required when windshield replaced; transfer of inspection sticker to new windshield; replacement of lost or damaged stickers.

When any vehicle requires the replacement of a windshield pursuant to § 46.2-1058, it shall not be necessary to inspect such vehicle at the time of replacement if a valid state inspection sticker is displayed on the windshield being replaced.

The sticker found on the broken windshield may be removed and placed on the new windshield.

The Superintendent may designate certain State Police officers to issue safety inspection approval stickers to vehicles from which the original valid safety inspection approval sticker has been lost, stolen or damaged without causing the vehicle to be reinspected, provided the vehicle owner or operator produces the original safety inspection approval sticker receipt issued to the vehicle within the past eleven months. Such replacement safety inspection approval stickers shall be issued in accordance with regulations promulgated by the Superintendent.

1978, c. 266, § 46.1-294.1; 1989, c. 727; 1993, c. 94; 1994, c. 396.

§ 46.2-1165. Regulations for inspection of vehicles; posting.

The Superintendent shall promulgate regulations for the inspection of motor vehicles under this title and shall furnish each official inspection station with a printed set of such regulations suitable for posting. Such station shall post the regulations in a conspicuous place in the portion of its premises where inspections are made and shall cause its employees making official inspections to be conversant with such regulations.

Code 1950, § 46-323; 1958, c. 541, § 46.1-319; 1960, c. 391; 1970, c. 21; 1989, c. 727.

§ 46.2-1166. Minimum standards required for inspection stations; appointments.

A. The Superintendent shall not designate any person, firm, or corporation as an official inspection station unless and until such person, firm or corporation satisfies the Superintendent, under such regulations as the Superintendent shall prescribe, that such person, firm, or corporation has met and will continue to meet the following standards:

1. The station has sufficient mechanical equipment and skilled and competent mechanics to make a complete inspection in accordance with the provisions of this article;

2. Adequate means are provided by the station to test the brakes, headlights, and steering mechanism of motor vehicles and to ascertain that motor vehicles inspected by the station meet the safety standards prescribed by the Superintendent under the terms of this title;

3. The person making the actual inspection or under whose immediate supervision such inspection is made shall have at least one year's practical experience as an automotive mechanic, or has satisfactorily completed a training program in automotive mechanics approved by the Superintendent of State Police;

4. No person shall be designated by such station to make such inspections unless the person has been approved for that purpose by the Department of State Police;

5. The Superintendent of State Police may, at his discretion, waive the experience and training requirements of this section for inspections of motorcycles and trailers when, in the Superintendent's opinion, the person performing such inspections is otherwise qualified to perform such inspections; and

6. The station has garage liability insurance in the amount of at least $500,000 with an approved surplus lines carrier or insurance company licensed to write such insurance in this Commonwealth, provided this requirement shall not apply to inspection stations that inspect only their company-owned or leased or government-owned or leased vehicles.

B. Any official inspection station may, at the discretion of the inspection station, accept vehicles on a first-come, first-served basis or by prescheduled appointments for the safety inspection of a motor vehicle pursuant to § 46.2-1157.

Code 1950, § 46-319; 1958, c. 541, § 46.1-320; 1962, c. 246; 1980, cc. 31, 168; 1989, c. 727; 2004, c. 383; 2005, c. 179; 2017, c. 525; 2018, c. 400.

§ 46.2-1167. Charges for inspection and reinspection; exemption.

A. Each official safety inspection station may charge no more than:

1. Fifty-one dollars for each inspection of any (i) tractor truck, (ii) truck that has a gross vehicle weight rating of 26,000 pounds or more, or (iii) motor vehicle that is used to transport passengers and has a seating capacity of more than 15 passengers, including the driver, $0.50 of which shall be transmitted to the Department of State Police to support the Department's costs in administering the motor vehicle safety inspection program;

2. Twelve dollars for each inspection of any motorcycle, $10 of which shall be retained by the inspection station and $2 of which shall be transmitted to the Department of State Police who shall retain $0.50 to support the Department's costs in administering the motor vehicle safety inspection program and deposit the remaining $1.50 into the Motorcycle Rider Safety Training Program Fund created pursuant to § 46.2-1191;

3. Twelve dollars for each inspection of any autocycle, $10 of which shall be retained by the inspection station and $2 of which shall be transmitted to the Department of State Police to be used to support the Department's costs in administering the motor vehicle safety inspection program; and

4. Twenty dollars for each inspection of any other vehicle, $0.70 of which shall be transmitted to the Department of State Police to support the Department's costs in administering the motor vehicle safety inspection program.

No such charge shall be mandatory, however, and no such charge shall be made unless the station has previously contracted therefor.

B. Each official safety inspection station may charge $1 for each reinspection of a vehicle rejected by the station, as provided in § 46.2-1158, if the vehicle is submitted for reinspection within the validity period of the rejection sticker. If a rejected vehicle is not submitted to the same station within the validity period of the rejection sticker or is submitted to another official safety inspection station, an amount no greater than that permitted under subsection A may be charged for the inspection.

Code 1950, § 46-320; 1958, c. 541, § 46.1-321; 1968, c. 163; 1973, c. 386; 1976, c. 501; 1982, c. 646; 1985, c. 450; 1989, c. 727; 1990, c. 39; 2001, c. 791; 2002, cc. 322, 337; 2005, c. 628; 2006, c. 620; 2014, cc. 53, 256; 2019, c. 307.

§ 46.2-1167.1. Repealed.

Repealed by Acts 2009, cc. 864 and 871, cl. 5.

§ 46.2-1168. Additional registration fee.

In addition to any other fees imposed, at the time of registration the owner of every motor vehicle, trailer, or semitrailer required to be registered in this Commonwealth shall pay to the Department of Motor Vehicles one dollar and fifty cents per year of registration or, in the case of trailers and semitrailers, such other fee as is provided in § 46.2-694.1, to be paid into the state treasury and set aside for the payment of the administrative costs of the official motor vehicle safety inspection program as appropriated by the General Assembly.

1985, c. 450, § 46.1-321.2; 1988, c. 704; 1989, c. 727; 1990, cc. 418, 496; 1992, c. 597; 1997, c. 283.

§ 46.2-1169. Inspection defined; making of repairs or adjustments.

The term "inspection" as herein used shall not include repairs or adjustments. Repairs or adjustments necessary to bring the vehicle into conformity with this title may be made by agreement between the owner and such station or whatever repair station the owner may select. If such adjustments or repairs are made by anyone other than an official inspection station, such vehicle shall again be inspected by an official inspection station.

Code 1950, § 46-321; 1958, c. 541, § 46.1-322; 1989, c. 727.

§ 46.2-1170. Advertising, etc., of official inspection station when not authorized.

No person, firm, or corporation, unless designated as such in accordance with the provisions of this article, shall, either directly or indirectly, display, advertise, or represent that such person, firm or corporation is an official inspection station.

Code 1950, § 46-321; 1958, c. 541, § 46.1-323; 1989, c. 727.

§ 46.2-1171. Penalties for violation of article.

Any person violating this article shall be guilty of a Class 3 misdemeanor for the first offense and guilty of a Class 1 misdemeanor for each subsequent offense except as otherwise provided in this article. If the violation of this article or regulations of the Superintendent made pursuant thereto is by an official inspection station in addition to or in lieu of such fine imposed by a court the Superintendent may, whether or not the violation is a first offense against this article or regulation of the Superintendent, suspend the appointment of the inspection station or, if in his opinion after a hearing, the facts warrant such action, the Superintendent may revoke the designation of such inspection station.

Code 1950, § 46-322; 1958, c. 541, § 46.1-324; 1989, c. 727.

§ 46.2-1172. Unauthorized taking, possession, or use of inspection stickers, etc.; penalty.

No person shall remove any inspection sticker or any paper issued by the Superintendent in connection with vehicle safety inspections from the custody of any person to whom the same has been issued by or under the authority of the Superintendent of State Police. Nor shall any person have any such sticker or paper in his possession or use otherwise than as authorized by the Superintendent. In any case where the Superintendent has suspended or revoked the designation of any official inspection station designated by him, such station shall surrender possession to the Superintendent or his duly authorized representative all inspection stickers and other forms and papers used in connection with safety inspection of vehicles on or before the effective date of such suspension or revocation. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

Code 1950, § 46-322.1; 1956, c. 35; 1958, c. 541, § 46.1-325; 1989, c. 727; 1998, c. 299.

§ 46.2-1173. Imitation or counterfeit inspection stickers.

No person shall make, issue, or knowingly use any imitation or counterfeit of an official safety inspection sticker.

No person shall display or cause or permit to be displayed upon any vehicle any safety inspection sticker knowing it to be fictitious or issued for another vehicle.

Code 1950, § 46-322.2; 1952, c. 466; 1958, c. 541, § 46.1-326; 1989, c. 727.

§ 46.2-1174. Superintendent authorized to enter into Uniform Vehicle Inspection Reciprocity Agreement.

The Superintendent is authorized to enter into the Uniform Vehicle Inspection Reciprocity Agreement, adopted by the American Association of Motor Vehicles Administrators on January 1, 1967.

1968, c. 148, § 46.1-326.1; 1989, c. 727.

§ 46.2-1175. Operators of certain commuter buses to maintain certain records; inspection of records and buses by employees of Department of State Police; penalty.

Persons, firms, corporations, and other business entities operating commuter buses for compensation in intrastate commerce shall maintain records of all maintenance performed on such buses. Such records shall include the dates of service, the odometer reading of the bus on that date, the maintenance performed, and the name of the person or persons performing the maintenance. Such records shall be open to inspection during the operator's normal business hours by employees of the Department of State Police specifically designated by the Superintendent. Employees of the Department of State Police designated for that purpose by the Superintendent shall also be authorized with the consent of the owner, operator, or agent in charge or with an appropriate warrant obtained under the procedure prescribed in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2 to go onto the property of business entities operating commuter buses for compensation in intrastate commerce to inspect buses directly on such property or on the property where such buses are principally garaged at any time during normal business hours. Such inspections may be either for the purpose of determining the safe condition of the buses or to verify the accuracy of the maintenance logs or for both purposes.

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

The provisions of this section shall not apply to local or regional governments, to authorities created to provide local or regional mass transit service, or to buses which those governments or authorities own or operate.

For the purpose of this section, "commuter bus" means a motor vehicle which has a seating capacity of more than seventeen passengers, is used primarily to transport workers directly to and from factories, plants, offices, or other places where they work, and is registered with the Department for such operation.

1983, c. 203, § 46.1-326.1:1; 1989, c. 727; 1997, c. 283.

§ 46.2-1175.1. Inspection of certain refuse collection and highway maintenance vehicles.

No safety inspection approval sticker shall be issued under this article to any publicly or privately owned vehicle (i) used for garbage and refuse collection and disposal or (ii) having a manufacturer's gross vehicle weight rating of 10,001 pounds or more and used primarily for highway repair or maintenance unless any such vehicle is equipped with a device, in good working order, which automatically emits an audible alarm signal when the vehicle is operated in reverse gear. Any such device shall be of a type approved by the Superintendent of State Police.

1989, cc. 297, 317, § 46.1-326.1:2.

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