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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 21. Regulation of Property Carriers
6/17/2021

Article 1. Motor Carriers of Property -- Generally.

§ 46.2-2100. Definitions.

Whenever used in this chapter, unless expressly stated otherwise:

"Authorized insurer" means, in the case of an interstate motor carrier whose operations may or may not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a solely intrastate motor carrier, an insurer authorized to transact business in the Commonwealth.

"Certificate of fitness" means a certificate issued by the Department to certain "household goods carriers" under this chapter.

"Constructive weight" means a measurement of seven pounds per cubic foot of properly loaded van space.

"Department" means the Department of Motor Vehicles.

"Financial responsibility" means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter.

"Gross weight" means the weight of a truck after a shipment has been loaded.

"Highway" means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this Commonwealth, excluding the streets and alleys in towns and cities.

"Household goods" means personal effects and property used or to be used in a dwelling, when transported or arranged to be transported (i) between residences or (ii) between a residence and a storage facility with the intent to later transport to a residence. Transportation of such goods must be arranged and paid for by, or on behalf of, the householder.

"Household goods carrier" means a carrier who undertakes, whether directly or by a lease or other arrangement, to transport "household goods," as herein defined, by motor vehicle for compensation, on any highway in this Commonwealth, between two or more points in this Commonwealth, whether over regular or irregular routes.

"Interstate" means the transportation of property between states.

"Intrastate" means the transportation of property solely within a state.

"Motor carrier" means any person who undertakes whether directly or by a lease, to transport property, including household goods, as defined by this chapter, for compensation over the highways of the Commonwealth.

"Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of property, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails.

"Net weight" means the tare weight subtracted from the gross weight.

"Permit" means a permit issued by the Department authorizing the transportation of property, excluding household goods transported for a distance greater than 30 road miles.

"Person" means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

"Property carrier" means any person, not herein exempted, who undertakes either directly or by a lease, to transport property for compensation.

"Services" and "transportation" includes the services of, and all transportation by, all vehicles operated by, for, or in the interest of any motor carrier, irrespective of ownership or contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of property or in the performance of any service in connection therewith.

"Tare weight" means the weight of a truck before being loaded at a shipper's residence or place of business, including the pads, dollies, hand-trucks, ramps and other equipment normally used in the transportation of household goods shipments.

Code 1950, § 56-338.1; 1995, cc. 744, 803; 1997, c. 283; 2001, c. 596; 2003, c. 832; 2006, cc. 874, 891; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2101. Exemptions from chapter.

The following are exempt from this chapter:

1. Motor vehicles owned and operated by the United States, District of Columbia, any state, municipality, or any other political subdivision of the Commonwealth.

2. Transportation of property between any point in this Commonwealth and any point outside this Commonwealth or between any points wholly within the limits of any city or town in the Commonwealth. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1 or the insurance requirement imposed on motor carriers pursuant to § 46.2-2143.1.

3. Motor vehicles controlled and operated by a bona fide cooperative association as defined in the Federal Marketing Act, approved June 15, 1929, as amended, or organized or existing under Article 2 (§ 13.1-312 et seq.) of Chapter 3 of Title 13.1, while used exclusively in the conduct of the business of such association. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

4. Motor vehicles while used exclusively in (i) carrying newspapers, water, livestock, poultry, poultry products, buttermilk, fresh milk and cream, meats, butter and cheese produced on a farm, fish (including shellfish), slate, horticultural or agricultural commodities (not including manufactured products thereof), and forest products, including lumber and staves (but not including manufactured products thereof), (ii) transporting farm supplies to a farm or farms, (iii) hauling for the Department of Transportation, (iv) carrying fertilizer to any warehouse or warehouses for subsequent distribution to a local area farm or farms, or (v) collecting and disposing of trash, garbage and other refuse. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

5. Motor vehicles used for transporting property by an air carrier or carrier affiliated with a direct air carrier whether or not such property has had or will have a prior or subsequent air movement. This exemption shall not apply to the requirement to declare for-hire operation pursuant to § 46.2-2121.1.

6. Motor carriers exclusively operating passenger cars, motorcycles, autocycles, mopeds, and vehicles with a gross vehicle weight rating of 10,000 pounds or less. This exemption shall not apply to the insurance requirements imposed on motor carriers pursuant to § 46.2-2143.1 or 46.2-2143.2.

7. Personal delivery devices as defined in § 46.2-100.

Code 1950, § 56-338.2; 1954, c. 344; 1956, c. 697; 1973, c. 305; 1995, cc. 744, 803; 2001, c. 596; 2003, c. 832; 2012, c. 638; 2017, cc. 251, 788, 790, 815; 2020, c. 1269.

§ 46.2-2102. Compliance with chapter required.

No motor carrier shall operate any motor vehicle for the transportation of property for compensation on any highway in this Commonwealth on an intrastate basis except in accordance with the provisions of this chapter.

Code 1950, § 56-338.3; 1995, cc. 744, 803; 2001, c. 596.

§ 46.2-2103. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

§ 46.2-2108.1. Disposition of funds collected.

Except as otherwise provided, all fees collected by the Commissioner pursuant to this chapter shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

2001, c. 596.

§ 46.2-2108.2. Necessity of a permit or certificate.

It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange to transport property for compensation on an intrastate basis as a motor carrier without first obtaining from the Department a permit or certificate of fitness as required by this chapter.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2108.3. Repealed.

Repealed by Acts 2017, cc. 790 and 815, cl. 2, effective January 1, 2018.

§ 46.2-2108.4. Application; notice requirements.

A. Applications for a permit or certificate of fitness or renewal of a permit or certificate of fitness under this chapter shall be made to the Department and contain such information as the Department shall require. Such information shall include, in the application or otherwise, the matters set forth in §§ 46.2-2133 and 46.2-2134 as grounds for denying permits and certificates.

B. The applicant for a certificate of fitness issued under this chapter shall cause a notice of such application, on the form and in the manner prescribed by the Department, to be served on every affected person who has requested notification.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2108.5. Registered for fuels tax; business, professional, and occupational license taxes.

Permit and certificate of fitness holders shall be licensed and registered in accordance with the road tax requirements of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 and licensed for payment of local business, professional, and occupational license taxes of Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 as required.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2108.6. Considerations for determination of issuance of permit, or certificate.

In determining whether a permit or certificate of fitness required by this chapter shall be issued, the Department may, among other things, consider compliance with financial responsibility, bonding, and other requirements of this chapter.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2109. Action on applications; hearings on denials and protests.

A. The Department may act upon any application required under this chapter without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a precise statement of the party's objections to the application being granted; (ii) a full and clear statement of the facts that the person is prepared to provide by competent evidence; (iii) the case number assigned to the application; and (iv) a certification that a copy of the protest was sent to the applicant. The Department shall have full discretion as to whether a hearing is warranted based on the merits of any protest filed.

B. Any applicant denied without a hearing an original certificate of fitness under subsection A shall be given a hearing at a time and place determined by the Commissioner or his designee upon the applicant's written request for such hearing made within thirty days of denial.

Code 1950, § 56-338.11; 1995, cc. 744, 803; 2001, c. 596; 2002, c. 870; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2110. Repealed.

Repealed by Acts 2001, c. 596, cl. 2, effective July 1, 2002.

§ 46.2-2114.1. Expired.

Expired.

§ 46.2-2115. Determination for issuance of permit or certificate.

If the Department finds the applicant has met all requirements of this chapter, it shall issue a permit or certificate of fitness to the applicant, subject to such terms, limitations and restrictions as the Department may deem proper.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2116. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 46.2-2117. Temporary emergency operation.

In an emergency, the Department or its agents may, by letter, telegram, or other means, authorize a vehicle to be operated in the Commonwealth without a proper registration card or identification marker for not more than ten days.

2001, c. 596.

§ 46.2-2118. Issuance, expiration, and renewal of permit and certificate.

All permits and certificates of fitness issued under this chapter shall be issued for a period of 12 consecutive months except, at the discretion of the Department, the periods may be adjusted as necessary. Such permits and certificates shall expire if not renewed annually. Such expiration shall be effective 30 days after the Department has provided the permittee or certificate holder notice of nonrenewal. If the permit or certificate is renewed within 30 days after notice of nonrenewal, then the permit or certificate shall not expire.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2119. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 46.2-2120. Filing and application fees.

Every applicant for an original certificate of fitness issued under this chapter shall, upon the filing of an application, deposit with the Department, as a filing fee, a sum in the amount of $50. The Department shall collect a fee of $3 for the issuance of a duplicate certificate of fitness.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2121. Vehicle fees.

Every person who operates a property-carrying vehicle for compensation over the highways of the Commonwealth shall be required to pay an annual fee of $10 for each such vehicle so operated, unless (i) such operation is exempted from this chapter; (ii) the property-carrying vehicle is a passenger car, motorcycle, autocycle, moped, or vehicle with a gross vehicle weight rating of 10,000 pounds or less; (iii) a vehicle identification marker fee has been paid to the Department as to such vehicle for the current year under the provisions of Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1; or (iv) a fee has been paid for the vehicle through the unified carrier registration system established pursuant to 49 U.S.C. § 14504a and the regulations promulgated thereunder for carriers registered pursuant to those provisions. No more than one vehicle fee shall be charged or paid as to any vehicle in any one year under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 and this chapter, including payments made pursuant to the unified carrier registration system.

2001, c. 596; 2003, c. 322; 2006, c. 208; 2017, cc. 790, 815.

§ 46.2-2121.1. Declaration of for-hire operation; presumption of nonbusiness use.

Before any motor vehicle is used by a motor carrier to transport property for compensation over the highways of the Commonwealth, the owner of the vehicle shall declare to the Department that the operation of such vehicle is for hire.

Any passenger car, motorcycle, autocycle, or pickup or panel truck, as defined in § 46.2-100, subject to the declaration required by this section and determined pursuant to § 58.1-3523 to be (i) privately owned, (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle, or (iii) held in a private trust for nonbusiness purposes and registered with the Department as a personal vehicle shall be presumed to be used for nonbusiness purposes in determining whether such vehicle is a qualifying vehicle under § 58.1-3523 absent clear and convincing evidence to the contrary. Any declaration given pursuant to this section shall not create any presumption of business or commercial use of the vehicle or of business activity on the part of the vehicle owner, lessee, or operator for purposes of any state or local requirement.

2017, cc. 790, 815.

§ 46.2-2122. Bond and letter of credit requirements of applicants for certificate.

A. Every applicant for an original certificate of fitness under this chapter shall obtain and file with the Department, along with the application, a surety bond or an irrevocable letter of credit, in addition to any other bond or letter of credit required by law, in the amount of $50,000, which shall remain in effect for the first five years of licensure. The bond or letter of credit shall be in a form and content acceptable to the Department. The bond or letter of credit shall be conditioned on a statement by the applicant that the applicant will not practice fraud, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant's business. The Department may, without holding a hearing, suspend the certificate of fitness during the period that the certificate holder does not have a sufficient bond or letter of credit on file.

B. If a person suffers any of the following: (i) loss or damage in connection with the transportation service by reason of fraud practiced on him or fraudulent representation made to him by a certificate holder or his agent or employee acting within the scope of employment; (ii) loss or damage by reason of a violation by a certificate holder or his agent or employee of any provision of this chapter in connection with the transportation service; or (iii) loss or damage resulting from a breach of a contract entered into on or after July 1, 2002, that person shall have a claim against the certificate holder's bond or letter of credit, and may recover from such bond or letter of credit the amount awarded to such person by final judgment of a court of competent jurisdiction against the certificate holder as a result of such loss or damage up to, but not exceeding, the amount of the bond or letter of credit.

C. The certificate holder's surety shall notify the Department when a claim is made against a certificate holder's bond, when a claim is paid and/or when the bond is canceled. Such notification shall include the amount of a claim and the circumstances surrounding the claim. Notification of cancellation shall include the effective date and reason for cancellation.

D. The surety on any bond filed by a certificate holder shall be released and discharged from all liability accruing on such bond after the expiration of 60 days from the date on which the surety files with the Department a written request to be released and discharged. Such request shall not operate to relieve, release, or discharge the surety from any liability already accrued or that shall accrue before the expiration of the 60-day period.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2123. Repealed.

Repealed by Acts 2012, cc. 22 and 111, cl. 2.

§ 46.2-2124. Notice of discontinuance of service.

Every motor carrier who ceases operation or abandons his rights under a permit or certificate of fitness issued shall notify the Department within 30 days of such cessation or abandonment.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2125. Reports, records, etc.

A. The Department is hereby authorized to require annual, periodical, or special reports from motor carriers, except such as are exempted from the operation of the provisions of this chapter; to prescribe the manner and form in which such reports shall be made; and to require from such carriers specific answers to all questions upon which the Department may deem information to be necessary. Such reports shall be under oath whenever the Department so requires. The Department may also require any motor carrier to file with it a true copy of each or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to the provisions of this chapter.

B. The Department may prescribe (i) the forms of any and all accounts, records, and memoranda to be kept by motor carriers and (ii) the length of time such accounts, records, and memoranda shall be preserved, as well as of the receipts and expenditures of money. The Department or its employees shall at all times have access to all lands, buildings, or equipment of motor carriers used in connection with their operations and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept, or required to be kept, by motor carriers. The Department and its employees shall have authority to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept by such carriers. These provisions shall apply to receivers of carriers and to operating trustees and, to the extent deemed necessary by the Department, to persons having control, direct or indirect, over or affiliated with any motor carrier.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2126. Certificate or permit holder not relieved of liability for negligence.

Nothing in this chapter shall relieve any holder of a certificate or permit by and under the authority of the Department from any liability resulting from his negligence, whether or not he has complied with the requirements of this chapter.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2127. Freight bill violation.

Any motor carrier that consistently submits a freight bill to a shipper for services rendered, which bill is more than ten percent above the written estimate of charges for such services, shall be subject to penalties and/or revocation or suspension of certificate as provided in this chapter.

2001, c. 596.

§ 46.2-2128. Vehicle seizure; penalty.

A. Any police officer of the Commonwealth authorized to serve process may hold a motor vehicle owned by a person against whom an order or penalty has been entered, but only for such time as is reasonably necessary to promptly petition for a writ of fieri facias. The Commonwealth shall not be required to post bond in order to hold and levy upon any vehicle held pursuant to this section.

B. Upon notification of the judgment or penalty entered against the owner of the vehicle and notice to such person of the failure to satisfy the judgment or penalty, any investigator, special agent, or officer of the Commonwealth shall thereafter deny the offending person the right to operate the motor vehicle on the highways of the Commonwealth.

2001, c. 596.

§ 46.2-2129. Unlawful use of registration and identification markers.

It shall be unlawful for any person to operate or cause to be operated on any highway in the Commonwealth any motor vehicle that (i) does not carry the proper registration and identification that this title requires, (ii) does not display an identification marker issued for such vehicle by the Department in such manner as is prescribed by the Department, or (iii) bears registration or identification markers of persons whose permit or certificate issued by the Department has been revoked, suspended, or renewal thereof denied in accordance with this chapter.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2130. Registration violations; penalties.

A. The following violations of laws shall be punished as follows:

1. Any person who does not declare a motor vehicle to be operated for hire when required by § 46.2-2121.1 or otherwise obtain a proper registration card or other evidence of registration as required by Chapter 6 (§ 46.2-600 et seq.) is guilty of a Class 4 misdemeanor.

2. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification that this title requires or any motor vehicle that does not display (i) an identification marker issued for such vehicle by the Department in such manner as is prescribed by the Department or (ii) other identifying information that this title requires it to display is guilty of a Class 4 misdemeanor.

3. Any person who knowingly displays or uses on any vehicle operated by him any identification marker or other identification that has not been issued to the owner or operator thereof for such vehicle and any person who knowingly assists him to do so is guilty of a Class 3 misdemeanor.

4. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration from the Department under this title or Title 58.1 after such registration cards or identification markers have been revoked, canceled or suspended is guilty of a Class 3 misdemeanor.

B. The officer charging the violation under this section shall serve a citation on the operator of the vehicle in violation. Such citation shall be directed to the owner, operator or other person responsible for the violation as determined by the officer. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the violation under this article, and shall have the same legal force as if served within the Commonwealth personally upon the owner, operator, or other person charged with the violation, whether such owner, operator, or other person charged is a resident or nonresident.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2131. Violation; criminal penalties.

A. Any person knowingly and willfully violating any provision of this chapter, or any rule or regulation thereunder, or any term or condition of any certificate or permit for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than $2,500 for the first offense and not more than $5,000 for any subsequent offense. Each day of such violation shall constitute a separate offense.

B. Any person, whether carrier, shipper, or consignee, or any officer, employee, agent, or representative thereof, who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as in this chapter provided for motor carriers, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for the first offense and not more than $2,000 for any subsequent offense.

C. Any motor carrier or any officer, agent, employee, or representative thereof who willfully fails or refuses to make a report to the Department as required by this chapter or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the Department, or knowingly and willfully falsifies, destroys, mutilates, or alters any such report, account, record or memorandum, or knowingly and willfully files any false report, account, record or memorandum, is guilty of a misdemeanor and upon conviction thereof shall be subject for each offense to a fine of not less than $100 and not more than $5,000.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2132. Violations; civil penalties.

The Department may impose a civil penalty not exceeding $1,000 if any person has:

1. Made any misrepresentation of a material fact to obtain proper operating credentials as required by this chapter or other requirements in this title regulating the operation of motor vehicles;

2. Failed to make any report required in this chapter;

3. Failed to pay any fee or tax properly assessed against him; or

4. Failed to comply with any provision of this chapter or lawful order, rule or regulation of the Department or any term or condition of any certificate or permit.

Any such penalty shall be imposed by order; however, no order issued pursuant to this section shall become effective until the Department has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Instead of or in addition to imposing such penalty, the Department may suspend, revoke, or cancel any permit, certificate of fitness, or registration card or identification marker issued pursuant to this title. If, in any such case, it appears that the defendant owes any fee or tax to the Commonwealth, the Department shall enter order therefor.

For the purposes of this section, each separate violation shall be subject to the civil penalty.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2133. Grounds for denying, suspending, or revoking certificates.

A certificate of fitness issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds, where applicable:

1. Material misstatement or omission in application for certificate of fitness or vehicle registration;

2. Failure to comply subsequent to receipt of a written warning from the Department or any willful failure to comply with a lawful order, any provision of this chapter or any regulation promulgated by the Department under this chapter, or any term or condition of any certificate of fitness;

3. Use of deceptive business acts or practices;

4. Knowingly advertising by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a certificate of fitness or vehicle registration is held or sought;

5. Having been found, through a judicial or administrative hearing, to have committed fraudulent or deceptive acts in connection with the business for which a certificate of fitness is held or sought or any consumer-related fraud;

6. Having been convicted of any criminal act involving the business for which a certificate of fitness is held or sought;

7. Improper leasing, renting, lending, or otherwise allowing the improper use of a certificate of fitness, identification marker issued by the Department, or vehicle registration;

8. Having been convicted of a felony;

9. Having been convicted of any misdemeanor involving lying, cheating, stealing, or moral turpitude;

10. Failure to submit to the Department any tax, fees, dues, fines, or penalties owed to the Department;

11. Failure to furnish the Department information, documentation, or records required or requested pursuant to statute or regulation;

12. Knowingly and willfully filing any false report, account, record, or memorandum;

13. Failure to meet or maintain application certifications or requirements of character, fitness, and financial responsibility pursuant to this chapter;

14. Willfully altering or changing the appearance or wording of any license, certificate, identification marker issued by the Department, license plate, or vehicle registration;

15. Failure to provide services in accordance with certificate of fitness terms, limitations, conditions, or requirements;

16. Failure to maintain and keep on file with the Department motor carrier liability insurance or cargo insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth;

17. Failure to comply with the Workers' Compensation Act of Title 65.2;

18. Failure to properly register a motor vehicle under this title;

19. Failure to comply with any federal motor carrier statute, rule, or regulation; or

20. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such certificate for a period of greater than three months.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

§ 46.2-2134. Grounds for denying, suspending, or revoking permits.

A permit issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds:

1. Failure to submit to the Department any tax, fees, fines, or penalties owed to the Department.

2. Failure to maintain and keep on file with the Department motor carrier liability insurance or cargo insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth.

3. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such permit for a period of greater than three months.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2135. Altering or amending permits or certificates.

The Department may alter or amend a permit or certificate of fitness at the request of a permittee or certificate holder or upon a finding by the Department that a permittee or certificate holder failed to observe any of the provisions within this chapter, or any of the rules or regulations of the Department, or any term, condition, or limitation of such permit or certificate.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2136. Suspension, revocation, and refusal to renew permit or certificate; notice and hearing.

A. Except as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy of the complaint against him and the grounds upon which the action is taken and has been offered an opportunity for an administrative hearing to show cause why such action should not be taken.

B. The order suspending, revoking, or denying renewal of a permit or certificate of fitness shall not become effective until the permittee or certificate holder has, after notice of the opportunity for a hearing, had 30 days to make a written request for such a hearing. If no hearing has been requested within such 30-day period, the order shall become effective and no hearing shall thereafter be held. A timely request for a hearing shall automatically stay operation of the order until after the hearing.

C. Notice of an order suspending, revoking, or denying renewal of a permit or certificate of fitness and an opportunity for a hearing shall be mailed to the permittee or certificate holder by registered or certified mail at the address as shown on the permit or certificate or other record of information in possession of the Department and shall be considered served when mailed.

D. If the Department makes a finding, after conducting a preliminary investigation, that the conduct of a permittee or certificate holder (i) is in violation of this chapter or regulations adopted pursuant to this chapter and (ii) such violation constitutes a danger to public safety, the Department may issue an order suspending the permit or certificate. Notice of the suspension shall be in writing and mailed in accordance with subsection C. Upon receipt of a request for a hearing appealing the suspension, the permittee or certificate holder shall be afforded the opportunity for a hearing within 30 days. The suspension shall remain in effect pending the outcome of the hearing.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2137. Basis for reinstatement of suspended permits or certificates; reinstatement fees.

A. The Department shall reinstate any permit or certificate suspended pursuant to this chapter provided the grounds upon which the suspension action was taken have been satisfied and the appropriate reinstatement fee and other applicable fees have been paid to the Department.

B. The reinstatement fee for suspensions issued pursuant to this chapter shall be $50. In the event multiple credentials have been suspended under this chapter for the same violation only one reinstatement fee shall be applicable.

C. In addition to a reinstatement fee, a fee of $500 shall be paid for failure of a motor carrier to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter. Any motor carrier who applies for a new permit or certificate because his prior permit or certificate was revoked for failure to keep in force at all times insurance, a bond or bonds, in an amount required by this chapter, shall also be subject to a fee of $500.

2001, c. 596; 2011, cc. 881, 889; 2017, cc. 790, 815.

§ 46.2-2138. Basis for reissuance after revocation of permits or certificates; fees.

The Department shall not accept an application for a permit or certificate from an applicant where such credentials have been revoked pursuant to this chapter until the period of revocation imposed by the Department has passed. The Department shall process such applications under the same provisions, procedures and requirements as an original application for such permit or certificate. The Department shall issue such permit or certificate, provided that the applicant has met all the appropriate qualifications and requirements, has satisfied the grounds upon which the revocation action was taken, and has paid the appropriate application or filing fees to the Department.

2001, c. 596; 2017, cc. 790, 815.

§ 46.2-2139. Surrender of license plate and registration card; removal by law enforcement; operation of vehicle denied.

A. It shall be unlawful for a permittee or certificate holder whose permit or certificate has expired or been revoked or suspended or whose renewal thereof has been denied pursuant to this chapter to fail or refuse to surrender, on demand, to the Department license plates and registration cards issued under this title.

B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the Department on demand license plates and registration cards issued under this title.

C. If any law-enforcement officer finds that a vehicle bearing Virginia license plates or temporary transport plates is in violation of subsection A or B, such law-enforcement officer may remove the license plate or plates and registration card. If a law-enforcement officer removes a license plate or registration card, he shall forward such license plate and registration card to the Department.

D. When informed that a motor carrier vehicle is being operated in violation of this section, the driver shall drive the vehicle to a nearby location off the public highways and not remove it or allow it to be moved until the motor carrier is in compliance with all provisions of this chapter.

2001, c. 596; 2015, c. 258; 2017, cc. 790, 815.

§ 46.2-2140. Title to plates.

All registration cards and license plates issued by the Department shall remain the property of the Department.

2001, c. 596; 2017, cc. 790, 815.