Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 6. Titling and Registration of Motor Vehicles
11/27/2021

Chapter 6. Titling and Registration of Motor Vehicles.

Article 1. Titling and Registration, Generally.

§ 46.2-600. Owner to secure registration and certificate of title or certificate of ownership.

Except as otherwise provided, for the purposes of this chapter, a moped shall be deemed a motor vehicle.

Except as otherwise provided in this chapter every person who owns a motor vehicle, trailer or semitrailer, or his authorized attorney-in-fact, shall, before it is operated on any highway in the Commonwealth, register with the Department and obtain from the Department the registration card and certificate of title for the vehicle. Individuals applying for registration shall provide the Department with the residence address of the owner of the vehicle being registered. A business applying for registration shall provide the Department with the street address of the owner or lessee of the vehicle being registered.

At the option of the applicant for registration, the address shown on the title and registration card may be either a post office box or the business or residence address of the applicant.

Unless he has previously applied for registration and a certificate of title or he is exempted under §§ 46.2-619, 46.2-626.1, 46.2-631, and 46.2-1206, every person residing in the Commonwealth who owns a motor vehicle, trailer, or semitrailer, or his duly authorized attorney-in-fact, shall, within 30 days of the purchase or transfer, apply to the Department for a certificate of ownership.

Nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any farm tractor or special construction and forestry equipment, as defined in § 46.2-100.

Notwithstanding the foregoing provisions of this section, provided such vehicle is registered and titled elsewhere in the United States, nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any vehicle located in the Commonwealth if that vehicle is registered to a non-Virginia resident active duty military service member, activated reserve or national guard member, mobilized reserve or national guard member living in the Commonwealth, or person who is serving a full-time church service or proselyting mission of not more than 36 months and who is not gainfully employed.

Code 1950, § 46-42; 1958, c. 541, § 46.1-41; 1972, c. 301; 1978, c. 402; 1980, c. 469; 1986, c. 228; 1988, c. 363; 1989, c. 727; 2003, c. 297; 2007, c. 934; 2010, c. 135; 2013, cc. 244, 367, 783; 2016, c. 428.

§ 46.2-600.1. (Effective until January 1, 2022) Indication of special communication needs.

A. As used in this section, "disability that can impair communication" means a condition with symptoms that can impair the ability of a person with such condition to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems, including autism spectrum disorders as defined in § 38.2-3418.17 and hearing loss.

B. The Department shall include on the application for registration of a motor vehicle an option for the vehicle owner to, if applicable, voluntarily indicate that he or a person who will regularly occupy his vehicle has a disability that can impair communication. On any application on which the applicant indicates that a person who will regularly occupy his vehicle has such a disability, the Department may require the applicant to certify that he has the consent of the regular occupant of the vehicle to release information pursuant to subsection D.

C. Any vehicle owner with a driver's license indicator authorized pursuant to subsection K of § 46.2-342 or special identification card indicator authorized pursuant to subsection L of § 46.2-345 or whose vehicle is regularly occupied by an individual with such an indicator shall be eligible for the registration indicator. Vehicle owners with a driver's license indicator or special identification card indicator and vehicle owners whose vehicle is regularly occupied by an individual with a driver's license indicator or special identification card indicator may apply to the Department for a registration indicator in a manner prescribed by the Commissioner.

D. Notwithstanding the provisions of subsection A of § 46.2-208, the Department shall provide information regarding vehicle registrants who have indicated, pursuant to subsection B or C, that they or individuals who will regularly occupy their vehicles have a disability that can impair communication with employees and agents of criminal justice agencies as defined in § 9.1-101. The Department shall confirm the presence or absence of a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication, but it shall not provide information about the type of health condition or disability that the registrant or a person regularly occupying the vehicle of a registrant has.

E. Any vehicle owner who has a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication may have such indicator removed by requesting such removal, in writing, to the Department.

2020, c. 786; 2021, Sp. Sess. I, cc. 358, 359, 421.

§ 46.2-600.1. (Effective January 1, 2022) Indication of special communication needs.

A. As used in this section, "disability that can impair communication" means a condition with symptoms that can impair the ability of a person with such condition to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems, including autism spectrum disorders as defined in § 38.2-3418.17 and hearing loss.

B. The Department shall include on the application for registration of a motor vehicle an option for the vehicle owner to, if applicable, voluntarily indicate that he or a person who will regularly occupy his vehicle has a disability that can impair communication. On any application on which the applicant indicates that a person who will regularly occupy his vehicle has such a disability, the Department may require the applicant to certify that he has the consent of the regular occupant of the vehicle to release information pursuant to subsection D.

C. Any vehicle owner with a driver's license indicator authorized pursuant to subsection K of § 46.2-342; special identification card indicator authorized pursuant to subsection L of § 46.2-345 or subsection H of § 46.2-345.2; or identification privilege card indicator authorized pursuant to subsection I of § 46.2-345.3 or whose vehicle is regularly occupied by an individual with such an indicator shall be eligible for the registration indicator. A vehicle owner with such an indicator on his credential and a vehicle owner whose vehicle is regularly occupied by an individual with a driver's license indicator or special identification card indicator may apply to the Department for a registration indicator in a manner prescribed by the Commissioner.

D. Notwithstanding the provisions of subsection A of § 46.2-208, the Department shall provide information regarding vehicle registrants who have indicated, pursuant to subsection B or C, that they or individuals who will regularly occupy their vehicles have a disability that can impair communication with employees and agents of criminal justice agencies as defined in § 9.1-101. The Department shall confirm the presence or absence of a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication, but it shall not provide information about the type of health condition or disability that the registrant or a person regularly occupying the vehicle of a registrant has.

E. Any vehicle owner who has a registration indicator indicating that the registrant or a person regularly occupying the vehicle of a registrant has a disability that can impair communication may have such indicator removed by requesting such removal, in writing, to the Department.

2020, c. 786; 2021, Sp. Sess. I, cc. 358, 359, 421, 544.

§ 46.2-601. Appointment of Commissioner agent for service of process.

Each nonresident owner of a motor vehicle, trailer, or semitrailer applying for the registration thereof in the Commonwealth shall file with the application a duly executed instrument, constituting the Commissioner and his successors in office his attorney on whom all lawful process against and notice to the owner may be served in any action or legal proceeding brought as the result of the operation or use of any motor vehicle, trailer, or semitrailer registered by or for him, in the Commonwealth; and therein shall agree that any process against or notice to the owner shall have the same effect as if served on the owner within the Commonwealth. The service of the process or notice shall be made by leaving a copy of it in the office of the Commissioner with a service fee of three dollars to be taxed as a part of the costs of the suit. The Commissioner shall forthwith notify the owner of the service by letter.

Code 1950, § 46-125; 1958, c. 541, § 46.1-139; 1989, c. 727.

§ 46.2-602. Titling and registration of foreign market vehicles.

A. The Department shall not issue a permanent certificate of title or registration for a foreign market vehicle until the applicant submits proof that the vehicle complies with federal safety requirements.

B. The Department shall accept as proof that a foreign market vehicle complies with federal safety requirements documents from either the United States Department of Transportation or the United States Customs Service stating that the vehicle conforms or has been brought into conformity with federal safety requirements.

C. The certificate of title of any foreign market vehicle titled under this section shall contain an appropriate notation that the owner has submitted proof that it complies with federal safety requirements.

D. Any foreign market vehicle previously titled in the Commonwealth shall be titled and registered without further proof of compliance with federal safety requirements. If, however, proof of compliance is not submitted to the Department, the certificate of title shall contain an appropriate notation that the owner of the foreign market vehicle has not submitted proof that the vehicle complies with federal safety requirements.

E. No foreign market vehicle manufactured 25 or more years ago shall be subject to this section.

F. Notwithstanding the provisions of subsection A, the Department shall issue a nonnegotiable title for a foreign market vehicle on submission of a complete application for a title including all necessary documents of ownership. A negotiable title will be issued on proof of compliance as provided in subsection A or for foreign market vehicles manufactured 25 or more years ago. The Department shall show on the face of any title issued under this section any negotiable security interests in the motor vehicle as provided in §§ 46.2-636 through 46.2-643.

G. The Department shall not transfer the title to a foreign market vehicle if ownership of the vehicle is evidenced by a nonnegotiable title, unless the nonnegotiable title owner is deceased. If the nonnegotiable title owner is deceased, a new, nonnegotiable title may be issued to the legatee or distributee in accordance with §§ 46.2-633 and 46.2-634.

H. A nonnegotiable title may be issued for the purpose of recording a lien. A negotiable certificate of title shall be issued on proof of compliance with all regulations prescribed in this section.

I. Notwithstanding other provisions of this section, the Department shall issue, on application, a temporary, nonrenewable 180-day registration to a foreign market vehicle upon:

1. Proof that the vehicle has been brought into compliance with all federal safety requirements and that the applicant is merely waiting for documentary releases from the Federal Department of Transportation;

2. Proof of satisfactory passage of a Virginia safety inspection; and

3. Submission of a complete application for a title, including all necessary documents of ownership.

J. The Department shall withhold delivery of the certificate of title during the 180-day period of conditional registration and shall not issue the permanent title until the requirements of subsection A of this section have been met.

K. Upon application, the Department shall issue a temporary one-trip permit for the purpose of transporting a foreign market vehicle from the port of entry to the applicant's home or to a conversion facility. The one-trip permit shall be issued in accordance with § 46.2-651.

1986, c. 613, § 46.1-41.2; 1989, c. 727; 2021, Sp. Sess. I, c. 137.

§ 46.2-602.1. Titling and registration of replica vehicles.

Notwithstanding any other provision of this chapter, the model year of vehicles constructed or assembled by multiple manufacturers or assemblers shall be the model year of which the vehicle is a replica. No vehicle titled under this section shall be driven more than 5,000 miles per year as shown by the vehicle's odometer. No vehicle titled under this section shall be automatically eligible for antique motor vehicle license plates provided for in § 46.2-730.

Any vehicle registered under this section shall be subject to vehicle safety inspections as provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 and emissions inspections as provided for in Article 22 (§ 46.2-1176 et seq.) of Chapter 10. Such vehicles shall meet such safety and emission requirements as established for the model year of which the vehicle is a replica.

The Department shall assign each such vehicle a new vehicle identification number, line-make, and model year, if required.

2007, cc. 325, 393.

§ 46.2-602.2. Titling and registration of company vehicles of automotive manufacturers.

For the purpose of this section:

"Automotive manufacturer" means the entire worldwide affiliated group as defined in § 58.1-3700.1, as of July 31, 2007, if at least one member of the worldwide affiliated group is an automotive manufacturer, as classified under the 2007 North American Industry Classification System Codes 3361, 3362, and 3363 in effect as of December 31, 2007.

"Company vehicles" means the following vehicles owned or operated by an automotive manufacturer having its headquarters in Virginia:

1. Vehicles used for sales or service training, advertising, public relations, quality control, and emissions or other testing and/or evaluation purposes;

2. Vehicles used for headquarters-related purposes, including but not necessarily limited to use by visiting executives or employees;

3. Vehicles provided for use by eligible headquarters employees or their eligible family members in compliance with established corporate policies as may from time to time be in effect, but not more than four vehicles may be leased for the benefit of any eligible headquarters employee at any one time; and

4. All other vehicles deemed by the automotive manufacturer to serve a headquarters function, but excluding any vehicles provided for use by eligible headquarters employees or their eligible family members in compliance with established corporate policies.

"Family members" means the spouse of an employee, and the children and parents of an employee or an employee's spouse.

"Headquarters" means a facility at which company employees are physically employed and at which the majority of the company's financial, personnel, legal, or planning functions are handled either on a regional or national basis.

Each automotive manufacturer having its headquarters in the Commonwealth shall be issued a motor vehicle dealer license or equivalent permit by the Commissioner. Such license or permit shall authorize the automotive manufacturer to dispose of company vehicles using a manufacturer's certificate of origin, but if disposed of within the Commonwealth of Virginia, such vehicles may only be transferred to a new motor vehicle dealer holding a franchise for the automotive manufacturer's line-make, provided each vehicle is transferred with a designation indicating that it is not a new motor vehicle as defined in § 46.2-1500. The automotive manufacturer and its affiliates may sell used motor vehicles directly to its lessees.

An automotive manufacturer having its headquarters in the Commonwealth may obtain a title for any company vehicle, but issuance of any such title shall be exempt from all fees except for the fee for issuance of a certificate of title as provided in § 46.2-627.

All company vehicles used as provided in this section may be driven using license plates issued and affixed as provided in Article 5 (§ 46.2-1545.1 et seq.) of Chapter 15. All such vehicles shall be classified as merchants' capital and subject to merchants' capital tax pursuant to Article 3 (§ 58.1-3509 et seq.) of Chapter 35 of Title 58.1.

2008, cc. 304, 753; 2015, c. 615.

§ 46.2-602.3. Titling and registration of converted electric vehicles.

A. Upon receipt of an application and such evidence of ownership as required by the Commissioner pursuant to § 46.2-625, the Department shall issue a certificate of title for a converted electric vehicle. The first certificate of title issued for a converted electric vehicle shall be an original certificate of title, regardless of the submission of a Virginia certificate of title issued for the vehicle prior to conversion.

B. 1. No converted electric vehicle shall be registered or operated on the highways of the Commonwealth until the owner submits to the Department a certification by a certified Virginia safety inspector that the conversion to electric propulsion is complete and proof that the vehicle has passed a Virginia safety inspection subsequent to the certification. Such certification shall be on a form approved by the Commissioner and the Superintendent and shall state that the inspector has verified that (i) the internal combustion engine has been removed; (ii) the fuel tank has been removed and not replaced; (iii) a traction battery pack has been installed that is distinct from the vehicle's original auxiliary battery system; and (iv) an electric motor has been installed to drive the wheels of the vehicle. The safety inspector may charge a fee not to exceed $40 to complete a certification pursuant to this subsection, but no such charge shall be mandatory. Any fee charged for such certification shall be in addition to any fee imposed pursuant to § 46.2-1167 for the completion of a Virginia safety inspection.

2. The completion of the certification required by this section shall not impose any liability on the safety inspector for the quality of the conversion process; however, nothing in this section shall be construed so as to relieve the safety inspector of any liability that may be imposed pursuant to Article 21 (§ 46.2-1157 et seq.) of Chapter 10 or under any regulation promulgated pursuant to § 46.2-1165, relating to the safety inspection of the converted electric vehicle.

3. The submission of a certification pursuant to this section shall be sufficient documentation to exempt the converted electric vehicle for which it is submitted from the emissions inspection program required by Article 22 (§ 46.2-1176 et seq.) of Chapter 10.

4. When necessary and upon application, the Department shall issue temporary trip permits in accordance with § 46.2-651 for the purpose of transporting the converted electric vehicle to and from an official Virginia safety inspection station.

C. The provisions of this section need only be satisfied once for each converted electric vehicle.

2012, c. 177; 2013, c. 216.

§ 46.2-602.4. Titling and registration of off-road motorcycle converted to on-road use.

A. For the purpose of this section:

"Converter" means a person who, through the act of conversion, alters an off-road motorcycle for on-road use on the highways by the addition, substitution, or removal of motor vehicle equipment, creating a motor vehicle to which Federal Motor Vehicle Safety Standards for new motorcycles will become applicable at the time of the conversion. A converter shall be considered a manufacturer responsible under 49 U.S.C. § 30112 for compliance of the motorcycle with Federal Motor Vehicle Safety Standards and the certification of compliance required by those standards.

"Federal Motor Vehicle Safety Standards" means the standards prescribed by 49 C.F.R. Part 571.

"Manufacturer" means a person manufacturing or assembling motor vehicles or motor vehicle equipment.

"Motor vehicle equipment" means (i) any system, part, or component of a motor vehicle as originally manufactured or (ii) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle.

"Off-road motorcycle converted to on-road use" means every off-road motorcycle that has been converted for use on the public highways with the addition of such necessary equipment to meet all applicable Federal Motor Vehicle Safety Standards for new motorcycles for the year in which it is converted.

B. Each converter shall certify in accordance with the requirements of subsection E that the off-road motorcycle converted to on-road use meets all applicable Federal Motor Vehicle Safety Standards for new motorcycles for the year in which it is converted. If the converter is unavailable or unknown, the owner shall certify that the converter is unavailable or unknown and that he assumes responsibility for all duties and corresponding liabilities under the Federal Motor Vehicle Safety Act. If a converter or owner fails or refuses to provide the required certification, the vehicle shall remain an off-road motorcycle.

C. Each converter, or owner if the converter is unavailable or unknown, shall permanently affix to each vehicle a label containing the following: (i) the name of manufacturer, (ii) the month and year of manufacture, (iii) the gross vehicle weight rating, (iv) the gross axle weight rating, (v) certification that the vehicle conforms to all applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture in the year in which it is converted, (vi) the vehicle identification number, and (vii) the motorcycle vehicle classification. Such label shall meet the requirements set forth in 49 C.F.R. § 567.4.

D. Upon receipt of an application and such evidence of ownership as required by the Commissioner pursuant to § 46.2-625, the Department shall issue a certificate of title for an off-road motorcycle converted to on-road use. The first certificate of title issued for an off-road motorcycle converted to on-road use shall be an original certificate of title, regardless of the submission of a Virginia certificate of title issued for the off-road motorcycle prior to conversion.

E. No off-road motorcycle converted to on-road use shall be registered or operated on the highways of the Commonwealth until the owner submits to the Department, upon a form approved and furnished by the Department, (i) certification that the motor vehicle has passed the motor vehicle safety inspection subsequent to the conversion; (ii) certification from the converter, or owner if the converter is unavailable or unknown, that the motor vehicle meets all applicable Federal Motor Vehicle Safety Standards; and (iii) certification that the motor vehicle has been labeled in accordance with subsection C.

F. When necessary and upon application, the Department shall issue temporary trip permits in accordance with § 46.2-651 for the purpose of transporting the off-road motorcycle converted to on-road use to and from an official motor vehicle safety inspection station.

G. Notwithstanding §§ 46.2-105 and 46.2-605, any certification required by this section found to be knowingly given falsely is punishable as a Class 1 misdemeanor.

2015, c. 259.

§ 46.2-603. Issuance of certificate of title and registration card.

A. The Department, on receiving an application for a certificate of title for a motor vehicle, trailer, or semitrailer, shall issue to the owner a certificate of title and a registration card as separate documents.

B. Subject to all applicable federal laws, the Department may refrain from issuing a certificate of title in paper form and, instead, shall create only the electronic record of such title to be retained by the Department in its existing electronic title record system with a notation that no certificate of title has been printed on paper. The owner of a vehicle will be deemed to have obtained and the Department will be deemed to have issued a certificate of title when such title record has been created electronically as provided in this subsection. An owner or lienholder listed on a title record so created may at any time request and the Department shall provide a paper certificate of title for the vehicle. Except as provided in § 46.2-603.1, all transfers of vehicle ownership shall require a paper certificate of title in accordance with, and subject to, all applicable federal laws.

Code 1950, § 46-68; 1958, c. 541, § 46.1-68; 1989, c. 727; 2005, c. 305; 2012, c. 650.

§ 46.2-603.1. Electronic titling program.

The Department may establish an electronic titling program for any "new motor vehicle" as that term is defined in § 46.2-1500. Participants in the electronic titling program shall submit electronic applications for original motor vehicle titles in a form and format prescribed by the Department. Participants must provide all documentation or information required by the Department to process the electronic title application, including an electronic manufacturer's certificate of origin and any information required by the Department in accordance with § 46.2-623. The records of a nationally recognized motor vehicle title database shall be searched prior to transfer of vehicle ownership. Participants shall collect from the purchaser of the new motor vehicle any fee charged for the search of the nationally recognized motor vehicle title database. Upon receipt of a completed electronic application, the Department shall refrain from issuing a certificate of title in paper form and, instead, shall create only the electronic record of such title to be retained by the Department in its existing electronic title record system with a notation that no certificate of title has been printed on paper. The owner of a motor vehicle will be deemed to have obtained and the Department will be deemed to have issued a certificate of title when such title record has been created electronically as provided in this section. An owner listed on a title record so created may at any time request and the Department shall provide a paper certificate of title for the vehicle.

2012, c. 650.

§ 46.2-604. Contents of registration card and certificate; vehicle color data; notation of certain disabled owners.

The registration card and the certificate of title shall each contain the date issued, the registration number assigned to the motor vehicle, trailer, or semitrailer, the name and address of the owner, a description of the registered motor vehicle, trailer, or semitrailer, and other statement of facts as may be determined by the Department. Every applicant for registration or renewal of registration shall indicate on his application the color that best describes the predominant color of the vehicle. In so doing, the applicant shall select a color from a list of standard, primary colors, developed by the Commissioner. Such color information shall be maintained in the Department's records and made available to law-enforcement agencies for their official use and may, in the discretion of the Commissioner, be indicated on the registration card and the certificate of title.

Whenever disabled parking license plates are issued under § 46.2-731 to the parent or legal guardian of a person with a disability that limits or impairs his ability to walk or that creates a concern for his safety while walking, the registration card for such vehicle shall so note.

Whenever (i) disabled parking license plates are issued under § 46.2-731 or DV disabled parking license plates are issued under subsection B of § 46.2-739 and (ii) the vehicle for which such license plates are issued is registered in the name of more than one owner, the registration card for such vehicle shall include a notation indicating which owner or owners of the vehicle is a "person with a disability that limits or impairs his ability to walk" as defined in § 46.2-1240. However, no vehicle owned and used by an organization for the transportation of disabled persons shall be subject to the notation requirement imposed by this paragraph.

The registration card shall contain forms for providing notice to the Department of a transfer of the ownership of the motor vehicle, trailer, or semitrailer. Whenever a Virginia-registered motor vehicle is sold or its ownership otherwise transferred, the seller or transferor shall notify the Department of the sale or transfer by completing the appropriate portion of the registration card. Section 46.2-113 shall not apply to failures to provide such notification.

The certificate of title shall contain a statement of the owner's title and of all liens or encumbrances on the motor vehicle, trailer, or semitrailer described in the certificate and whether possession is held by the owner under a lease, contract, or conditional sale or other like agreement. The certificate of title shall also contain forms of assignment of title or interest and warranty of title with space for notation of liens and encumbrances on the motor vehicle, trailer, or semitrailer at the time of a transfer.

Code 1950, § 46-79; 1958, c. 541, § 46.1-79; 1988, c. 363; 1989, c. 727; 1990, c. 79; 1998, cc. 285, 302; 2000, c. 667; 2004, c. 692.

§ 46.2-605. Altering or forging certificate of title, salvage/nonrepairable certificate, or registration card; penalty.

Any person who (i) with fraudulent intent alters any certificate of title, salvage/nonrepairable certificate, or registration card issued by the Department or by any other state, (ii) with fraudulent intent, makes a false statement on any application for a certificate of title, salvage/nonrepairable certificate, or registration card issued by the Department or any other state, (iii) forges or counterfeits any certificate of title, salvage/nonrepairable certificate, or registration card purporting to have been issued by the Department under the provisions of this title or by any other state under a similar law or laws or, with fraudulent intent, alters or falsifies, or forges any assignment of title, or salvage/nonrepairable certificate, (iv) holds or uses any certificate, registration card, or assignment, knowing the same to have been altered, forged, or falsified, shall be guilty of a Class 6 felony.

It shall be unlawful for any person to conspire with any other person to violate the provisions of this section.

Code 1950, § 46-12; 1958, c. 541, § 46.1-85; 1986, c. 490; 1989, c. 727; 1996, cc. 591, 917.

§ 46.2-606. Notice of change of address.

A. Whenever any person who has applied for or obtained the registration or title to a vehicle moves from the address shown in his application, registration card or certificate of title, he shall notify the Department of his change of address within 30 days.

B. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.

C. Anyone failing to comply with this section may be charged a fee of $5, to be used to cover the Department's expenses. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.

1974, c. 347, § 46.1-52.1; 1989, c. 727; 1996, cc. 943, 994; 2010, cc. 25, 55.

§ 46.2-607. Duplicates for lost or mutilated indicia of titling and registration.

If any license plate, decal, registration card, or certificate of title is lost, mutilated, or has become illegible, the person who is entitled to the certificate shall immediately apply for and obtain a replacement after furnishing information of the fact satisfactory to the Department and after payment of the required fees.

A person who has twice obtained a replacement set of license plates or decals shall not be entitled to obtain another set of license plates or decals during the license period for which the original set of plates was issued unless the Commissioner finds that the replacement license plates or decals have been lost or mutilated without the fault of the person entitled to them.

Code 1950, § 46-53; 1958, c. 541, § 46.1-55; 1968, c. 334; 1972, c. 609; 1982, c. 671; 1986, c. 165; 1989, c. 727.

§ 46.2-608. When application for registration or certificate of title rejected.

The Department may reject an application for the registration of a motor vehicle, trailer, or semitrailer or certificate of title when:

1. The applicant for registration is not entitled to it under the provisions of this title or Title 43;

2. The applicant has neglected or refused to furnish the Department with the information required on the appropriate official form or other information required by the Department;

3. The required fees have not been paid;

4. The vehicle is not equipped with equipment required by this title or the vehicle is equipped with equipment prohibited by this title;

5. The applicant, if not a resident of the Commonwealth, has not filed with the Commissioner a power of attorney appointing him the applicant's authorized agent or attorney-in-fact upon whom process or notice may be served as required in § 46.2-601;

6. There is reason to believe that the application or accompanying documents have been altered or contain any false statement;

7. The vehicle is a commercial motor vehicle and is being operated by a motor carrier that has been prohibited to operate by a federal agency;

8. The vehicle is a commercial motor vehicle and the vehicle has been assigned for safety to a motor carrier that has been prohibited from operating by a federal agency or a motor carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner or a relative, family member, corporate officer, or shareholder; or

9. The vehicle is a commercial motor vehicle and the applicant has applied on behalf of or for the benefit of the real party in interest who has been issued a federal out of service order or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant or an entity, relative, family member, corporate officer, or shareholder.

For purposes of this section, the terms "commercial motor vehicle" and "motor carrier" shall be as defined in § 52-8.4.

Code 1950, § 46-54; 1958, c. 541, § 46.1-56; 1968, c. 605; 1986, c. 490; 1989, c. 727; 2011, c. 61.

§ 46.2-609. When registration may be suspended or revoked.

A. The Department may revoke the registration of a motor vehicle, trailer, or semitrailer and may revoke the registration card, license plates, or decals whenever the person to whom the registration card, license plates, or decals have been issued makes or permits to be made an unlawful use of any of them or permits their use by a person not entitled to them, or fails or refuses to pay, within the time prescribed by law, any fuel taxes or other taxes or fees required to be collected or authorized to be collected by the Department regardless of whether the fee applies to that particular vehicle.

B. The Department may suspend or revoke the registration card, license plates, or decals issued to a commercial motor vehicle if the motor carrier responsible for safety of the vehicle has been prohibited from operating by a federal agency. For purposes of this subsection, the terms "commercial motor vehicle" and "motor carrier" shall be as defined in § 52-8.4.

Code 1950, § 46-57; 1958, c. 541, § 46.1-59; 1962, c. 368; 1972, c. 609; 1974, c. 171; 1989, c. 727; 2011, c. 61.

§ 46.2-610. Suspension of registration on theft or embezzlement of vehicle; notices.

Whenever the owner of any motor vehicle, trailer, or semitrailer which is stolen or embezzled notifies the Department directly or through law-enforcement authorities of the theft or embezzlement, the Department shall immediately suspend the registration of that motor vehicle, trailer, or semitrailer until such time as it shall be notified that the owner has recovered his motor vehicle, trailer, or semitrailer. In the event of an embezzlement the owner shall obtain a warrant for the arrest of the person charged with the embezzlement before the Department shall suspend the registration. Any such suspension shall be effective only for the current registration period in which the notice was given. If during that period the motor vehicle, trailer, or semitrailer is not recovered, a new notice may be given with like effect during the ensuing period. Every owner who has given a notice of theft or embezzlement shall immediately notify the Department of the recovery of his motor vehicle, trailer, or semitrailer.

Code 1950, § 46-4; 1958, c. 541, § 46.1-60; 1989, c. 727.

§ 46.2-611. Appeal.

From any action by the Department under this title suspending or revoking, rescinding or cancelling the registration of any motor vehicle, trailer, or semitrailer or suspending, revoking, cancelling, or repossessing any registration card, license plates, or decals or denying an application for transfer of title, an appeal shall lie in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).

Code 1950, § 46-60; 1958, c. 541, § 46.1-61; 1972, c. 609; 1979, c. 478; 1986, c. 615; 1989, c. 727.

§ 46.2-612. Failure to surrender revoked certificate of title, registration card, license plates or decals; other offenses relating to registration, licensing, and certificates of title; penalties.

A. It shall be unlawful for the owner of any motor vehicle, trailer, or semitrailer, for which license plates, decals, or registration cards have been revoked pursuant to this article, to fail or refuse to surrender to the Department, on demand, a certificate of title if it is incorrect in any material particular. Violation of this subsection shall constitute a Class 2 misdemeanor.

B. No person shall:

1. Display or cause or permit to be displayed any registration card, certificate of title, or license plate or decal that he knows is fictitious or that he knows has been canceled, revoked, suspended, or altered; or display or cause or permit to be displayed on any motor vehicle, trailer, or semitrailer any license plate or decal that he knows is currently issued for another vehicle. Violation of this subdivision shall constitute a Class 2 misdemeanor.

2. Fail or refuse to surrender to the Department or the Department of State Police, on demand, any certificate of title, registration card, or license plate or decal that has been suspended, canceled, or revoked. Violation of this subdivision shall constitute a Class 2 misdemeanor.

3. Use a false name or address in any application for the registration of any motor vehicle, trailer, or semitrailer, for a certificate of title, or for any renewal or duplicate certificate or knowingly make a false statement of a material fact, knowingly conceal a material fact, or otherwise commit a fraud in any registration application. Violation of this subdivision shall constitute a Class 1 misdemeanor.

Code 1950, § 46-61; 1958, c. 541, § 46.1-62; 1962, c. 302; 1972, c. 609; 1989, c. 727; 2019, cc. 71, 79.

§ 46.2-613. Infractions relating to registration, licensing, and certificates of title; penalties.

A. No person shall:

1. Operate, park, or permit the operation or parking of a motor vehicle, trailer, or semitrailer owned, leased, or otherwise controlled by him on a highway unless (i) it is registered, (ii) a certificate of title therefor has been issued, and (iii) it has displayed on it the license plate or plates and decal or decals, if any, assigned to it by the Department for the current registration period, subject to the exemptions mentioned in Article 5 (§ 46.2-655 et seq.) and Article 6 (§ 46.2-662 et seq.). The provisions of this subdivision shall apply to the registration, licensing, and titling of mopeds on or after July 1, 2014.

2. Possess or use any registration card, license plate, or decal to which he is not entitled or knowingly permit the use of any registration card, license plate, or decal by anyone not entitled to it.

3. Willfully and intentionally violate the limitations imposed under §§ 46.2-665, 46.2-666, and 46.2-670 while operating an unregistered vehicle pursuant to the agricultural and horticultural exemptions allowed under those sections. A first violation of this subdivision shall constitute a traffic infraction punishable by a fine of not more than $250, and a second or subsequent violation of this subdivision shall constitute a traffic infraction punishable by a fine of $250.

B. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-63; 1950, p. 251; 1958, c. 541, § 46.1-64; 1960, c. 79; 1972, c. 609; 1974, c. 400; 1975, c. 124; 1979, c. 620; 1989, c. 727; 1997, c. 283; 1999, c. 212; 2002, c. 93; 2006, cc. 444, 472; 2013, c. 783; 2017, cc. 204, 670; 2018, c. 425; 2019, cc. 71, 79.

§ 46.2-613.1. Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations.

A. A civil penalty of $250 and a processing fee of $20 shall be levied against any person who while at a permanent weighing station:

1. Operates or permits the operation of a truck or tractor truck with a gross weight greater than 7,500 pounds, a trailer, or a semitrailer owned, leased, or otherwise controlled by him on any highway in the Commonwealth unless (i) it is registered, (ii) a certificate of title therefor has been issued, and (iii) it has displayed on it the license plate or plates and decal or decals required by this title.

2. Operates or causes to be operated on any highway in the Commonwealth any motor vehicle that is not in compliance with the Unified Carrier Registration System authorized under 49 U.S.C. § 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder.

3. Operates or permits the operation of any truck or tractor truck for which the fee for registration is prescribed by § 46.2-697 on any highway in the Commonwealth (i) without first having paid the registration fee hereinabove prescribed or (ii) if at the time of operation the gross weight of the vehicle or of the combination of vehicles of which it is a part is in excess of the gross weight on the basis of which it is registered. In any case where a pickup truck is used in combination with another vehicle, the civil penalty and processing fee shall be assessed only if the combined gross weight exceeds the combined gross weight on the basis of which each vehicle is registered.

4. (i) Fails to declare a motor vehicle to be operated for hire when required by § 46.2-2121.1 or obtain a proper registration card or other evidence of registration as required by this chapter; (ii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification required by this title, display an identification marker issued for the vehicle by the Department in the manner prescribed by the Department, or display any other identifying information required by this title; or (iii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration cards or identification markers from the Department after such registration cards or identification markers have been revoked, canceled, or suspended.

5. (i) Fails to obtain a proper registration card, identification marker, or other evidence of registration required by Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 or the terms and provisions of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc.; (ii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle that does not carry the proper registration and identification marker required by Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 or the terms and provisions of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc., or any motor vehicle that does not display an identification marker or other identifying information as prescribed by the Department or required by Title 58.1 or the terms of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc.; or (iii) operates or causes to be operated on any highway in the Commonwealth any motor vehicle requiring registration cards or identification markers from the Department after such registration cards or identification markers have been revoked, canceled, or suspended.

6. Operates or causes to be operated on any highway in the Commonwealth any truck or tractor truck or combination of vehicles exceeding the size limitations of Articles 14 (§ 46.2-1101 et seq.), 15 (§ 46.2-1105 et seq.), 16 (§ 46.2-1112 et seq.), and 18 (§ 46.2-1139 et seq.) of Chapter 10.

B. Upon collection by the Department, civil penalties levied pursuant to subdivisions A 1 and A 3 through 5 shall be paid into the Commonwealth Transportation Fund, but civil penalties levied pursuant to subdivisions A 2 and 6 and all processing fees levied pursuant to this section shall be paid into the state treasury and shall be set aside as a special fund to meet the expenses of the Department of Motor Vehicles.

C. The penalties and fees specified in this section shall be in addition to any other penalty, fee, tax, or liability that may be imposed by law.

2011, cc. 62, 73; 2012, cc. 22, 111; 2017, cc. 790, 815.

§ 46.2-613.2. Service of process in civil penalty cases for violation of license, registration, and tax requirements and vehicle size limitations.

Any person, whether resident or nonresident, who permits the operation of a motor vehicle in the Commonwealth by his agent or employee shall be deemed to have appointed the operator of such motor vehicle his statutory agent for the purpose of service of process in any proceeding against such person growing out of any violation under § 46.2-613.1. Acceptance by a nonresident of the rights and privileges conferred by Article 5 (§ 46.2-655 et seq.) of Chapter 6 shall have the same effect under this section as operation of such motor vehicle by such nonresident, his agent, or his employee.

2011, cc. 62, 73.

§ 46.2-613.3. Special processing provisions for civil penalties levied for violation of license, registration, and tax requirements and vehicle size limitations.

Notwithstanding any other provision of law, all civil penalties levied pursuant to § 46.2-613.1 shall be processed in the following manner:

1. The size and weight compliance agent charging the violation shall serve a citation on the operator of the vehicle. The citation shall be directed to the owner, operator, or other person responsible for the violation as determined by the size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the violation as provided in § 46.2-613.5.

2. The size and weight compliance agent charging the violation shall cause the citation to be delivered or sent by first-class mail to the Department within 24 hours after it is served.

3. The owner, operator, or other person charged with the violation shall, within 21 days after the citation is served upon the vehicle operator, either make full payment to the Department of the civil penalty and processing fee as stated on the citation or deliver to the Department a written notice of his election to contest the charges in court.

4. Failure of the owner, operator, or other person charged with the violation to timely deliver to the Department either payment in full of the uncontested civil penalty and processing fee or a notice of contest of the violation shall cause the Department to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the violation. Any such administrative order shall have the same effect as a judgment entered by a general district court.

5. Upon timely receipt of a notice of contest of a violation under § 46.2-613.1, the Department shall:

a. Forward the citation to the general district court named in the citation; and

b. Send by first-class mail to the person charged with the violation and to the size and weight compliance agent who issued the citation confirmation that the citation has been forwarded to the court for trial.

6. Notices and pleadings may be served by first-class mail to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered.

7. An alleged violation that is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record that may be otherwise required by § 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.

8. Notwithstanding any other provisions of this section, any and all citations and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation as set out in subdivision 1, may be served or provided in an electronic manner if the Department and the person charged with the violation have agreed to utilize electronic notification.

2011, cc. 62, 73.

§ 46.2-613.4. Special seizure provisions for unpaid fees and penalties.

Any size and weight compliance agent authorized to serve process under the provisions of this chapter may hold a vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.

After finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the previously assessed fees and penalties due the Commonwealth or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer, who shall transmit the citation along with the fees and penalties to the Department for distribution in accordance with subsection B of § 46.2-613.1.

The Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The size and weight compliance agent authorized to hold the vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with § 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in § 8.01-554.

In the event the fees and penalties are not paid in full, or no bond is given by, or for the person responsible for paying the fees and penalties, the vehicle shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.

Whenever an attachment summons is issued for unpaid fees and penalties the court shall forward to the Department both a copy of the order disposing of the case and the citation prepared by the size and weight compliance agent but not served.

Upon notification of the judgment or administrative order entered for such unpaid fees and penalties and notification of the failure of such person to satisfy the judgment or order, the Department, the Department of State Police, or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles on any highway of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

When informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.

All costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which the civil penalties levied pursuant to § 46.2-613.1 are paid.

Officers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.

2011, cc. 62, 73; 2012, cc. 22, 111.

§ 46.2-613.5. Procedures for issuing and serving process in civil penalty cases.

Any size and weight compliance agent authorized to enforce the provisions of § 46.2-613.1 may issue a citation for a violation of such provisions. Such size and weight compliance agent may also serve an attachment summons issued by a judge or magistrate in connection with a violation of § 46.2-613.1.

Service of any such citation shall be made upon the driver of the motor vehicle involved in the violation. Such service on the driver shall have the same legal force and validity 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.

2011, cc. 62, 73.

§ 46.2-614. Right to recover damages not affected.

Nothing contained in this chapter shall affect the right of any person injured in his person or property by the negligent operation of any motor vehicle, trailer, semitrailer, or locomotive to sue and recover damages.

Code 1950, § 46-67; 1958, c. 541, § 46.1-67; 1989, c. 727.

§ 46.2-615. Registration effective after death of owner.

Upon the death of an owner of a registered motor vehicle, trailer, or semitrailer, its registration shall continue in force as a valid registration until (i) the end of the registration period for which the license plates or decals are issued or (ii) the ownership of the motor vehicle, trailer, or semitrailer is transferred before the end of the registration period by the executor or administrator of the estate of the deceased owner or by a legatee or distributee of the estate, as provided in § 46.2-632 or 46.2-633, (iii) its ownership is transferred to a new owner before the end of the registration period by the survivor of its two joint owners, or (iv) its ownership is transferred pursuant to § 46.2-633.2.

Code 1950, § 46-92; 1958, c. 541, § 46.1-96; 1968, c. 187; 1972, c. 609; 1989, c. 727; 2013, c. 318.

Article 2. Titling Vehicles.

§ 46.2-616. Acquiring vehicle from vendor who does not have certificate of title.

Except as otherwise provided in this title, no person shall purchase, trade, exchange, or barter for a motor vehicle, trailer, or semitrailer in the Commonwealth, knowing or having reason to believe that its seller has not secured a certificate of title, or knowing or having reason to believe that its seller does not legally have in his possession a certificate of title to the vehicle issued to its owner. Except as otherwise provided in this title, for the purposes of this article, off-road motorcycles and all-terrain vehicles shall be deemed motor vehicles.

Code 1950, § 46-7; 1958, c. 541, § 46.1-5; 1978, c. 605; 1989, c. 727; 2006, c. 896.

§ 46.2-617. Sale of vehicle without certificate of title.

Except as provided in §§ 46.2-644.03 and 58.1-3942, any person who sells, trades, exchanges, or barters a motor vehicle, trailer, or semitrailer in the Commonwealth without first having secured a certificate of title for it or without legally having in his possession a certificate of title for the vehicle issued to its owner, except as otherwise provided in this title, shall be guilty of a Class 3 misdemeanor.

Code 1950, § 46-7; 1958, c. 541, § 46.1-88; 1968, c. 605; 1978, c. 605; 1988, c. 363; 1989, c. 727; 2009, c. 664; 2012, c. 623.

§ 46.2-618. When unlawful to have in possession certificate of title issued to another; remedy of purchaser against persons in possession of title of vehicle purchased from dealer.

A. It shall constitute a Class 1 misdemeanor for any person in the Commonwealth to possess a certificate of title issued by the Commissioner to a person other than the holder thereof, unless the certificate of title has been assigned to the holder as provided in this title. This section, however, shall apply neither to secured parties who legally hold certificates of title as provided in this title nor to the spouse of the person to whom the certificate of title was issued.

B. When a purchaser of a motor vehicle is unable to obtain the title for such vehicle because the motor vehicle dealer who sold the vehicle to the purchaser is no longer engaged in business in the Commonwealth as a dealer as defined in § 46.2-1500 and the purchaser must petition a court of competent jurisdiction to direct that a person other than the dealer holding the title to release the title to the purchaser, the Court may order the title be released to the buyer if the court finds that the purchaser has a right to the title superior to that of the person holding the title under the laws of the Commonwealth. The court may also, upon finding that the person holding the title must release it, award reasonable attorney fees, expenses, and costs incurred by the purchaser in making the petition to the court.

Code 1950, § 46-81; 1958, c. 541, § 46.1-80; 1966, c. 558; 1972, c. 208; 1982, c. 205; 1989, c. 727; 2012, c. 119; 2015, c. 615.

§ 46.2-619. New indicia of title; procedure as to leased vehicles.

When the Department receives a certificate of title properly assigned and acknowledged, accompanied by an application for registration, it shall register the motor vehicle, trailer, or semitrailer described in the application and shall issue to the person entitled to it by reason of the transfer a new registration card, license plate, or plates and certificate of title in the manner and form and for the fees provided in this chapter for original registration. For leased vehicles, such application shall include (i) if the lessee is an individual, the name and residence street address of the lessee and the name of the locality in which the leased vehicle will be principally garaged or parked and (ii) if the lessee is a business, the name of the business, its street address, and the name of the locality in which the leased vehicle will be principally garaged or parked. The Department shall also make this information available to the commissioner of the revenue or other assessing officer of the locality in which the leased vehicle is to be principally garaged or parked. Nothing in this section shall permit the registration of all-terrain vehicles or off-road motorcycles titled pursuant to this title.

Code 1950, § 46-87; 1958, c. 541, § 46.1-91; 1989, c. 727; 1996, c. 761; 2006, c. 896; 2012, c. 135.

§ 46.2-620. Period of validity of certificate of title.

Every certificate of title issued under this chapter shall be valid for the life of the motor vehicle, trailer, or semitrailer so long as the owner to whom it is issued shall retain legal title or right of possession of or to the vehicle. Such certificates need not be renewed except on a transfer of title or interest of the owner.

Code 1950, § 46-83; 1958, c. 541, § 46.1-86; 1989, c. 727; 2002, c. 93.

§ 46.2-621. Application for certificate of title.

The owner of a vehicle, or his duly authorized attorney-in-fact, shall apply for a certificate of title in the name of the owner on appropriate forms prescribed and furnished by the Commissioner. Officers and employees of the Department are vested with the authority to administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of this section and all other laws relating to the operation of motor vehicles, the collection and refunding of taxes levied on motor fuels and sales and use tax, for which services they shall receive no compensation.

Code 1950, § 46-49; 1958, c. 541, § 46.1-51; 1972, cc. 301, 378; 1989, c. 727.

§ 46.2-621.1. Correcting errors in titling.

If the owner of a vehicle or his duly authorized attorney-in-fact make a sufficient showing by providing an affidavit stating that the vehicle identification information provided on the application for certificate of title, the certificate of origin, manufacturer's statement of origin, or title, as the case may be, forwarded to the Commissioner by any means generally allowed, was incorrect, the Commissioner may take all actions necessary to correct the error.

2005, c. 283.

§ 46.2-622. Issuance of certificate of title in names of joint owners.

When the Department receives an application for a certificate of title for a motor vehicle, trailer, or semitrailer, to be issued in the names of two natural persons, jointly with right of survivorship, the Department shall issue to its owners a certificate of title accordingly. Any certificate issued in the name of two persons may contain an expression such as "or the survivor of them," which shall be deemed sufficient to create joint ownership during the lives of the two owners, and individual ownership in the survivor. A certificate issued in the names of two persons, with their names separated only by "or," shall create joint ownership during the lives of the owners, and individual ownership in the survivor of them.

Nothing herein shall (i) prohibit the issuance of a certificate of title in the names of two or more persons as owners in common which shall be sufficient evidence of ownership of undivided interests in the vehicle; (ii) grant immunity from enforcement of any liability of any person owning the vehicle, as one of two joint owners, to the extent of his interest in the vehicle, during the lives of its owners; (iii) permit the issuance of a certificate of title in the names of two persons as tenants by the entireties; or (iv) be used by one of the joint owners as a defense to the secured party's enforcement of a security interest in the vehicle that was granted by one or both of the joint owners of the vehicle on the same date or prior to the issuance of the certificate of title.

1968, c. 188, § 46.1-68.1; 1983, c. 586; 1989, c. 727; 2002, c. 432.

§ 46.2-623. Statements in application.

A. Every application for a certificate of title shall contain (i) a statement of the applicant's title and of all liens or encumbrances on the vehicle and the names and addresses of all persons having any interest in the vehicle and the nature of every interest in the vehicle; (ii) the Social Security number, if any, of the owner and, if the application is in the name of an employer for a business vehicle, the employer's identification number assigned by the United States Internal Revenue Service; and (iii) a brief description of the vehicle to be titled or registered, including the name of the maker, the vehicle identification or serial number and, when titling or registering a new vehicle, the date of sale by the manufacturer or dealer to the person first operating the vehicle.

B. The lessor of a qualifying vehicle, as defined in § 58.1-3523, shall send a report to the Department for each such qualifying vehicle containing (i) the name and address of the lessee as it appears in the lease contract; (ii) the social security number of the lessee; and (iii) the registration number of the vehicle as described under Article 1 (§ 46.2-600 et seq.) of Chapter 6.

C. Such lessor shall send a monthly report to the Department, by the fifteenth day of the month or such later day as may be prescribed in the guidelines promulgated under § 58.1-3532, listing any changes, additions or deletions to the information provided under subsection B as of the last day of the preceding month.

D. The application for title or registration shall contain such additional information as may be required by the Department.

E. The Department may require that an applicant present proof reasonably acceptable to the Department of the accuracy of information provided on the application, including proof of identity, and may refuse to issue a certificate of title until such proof has been provided.

Code 1950, § 46-50; 1958, c. 541, § 46.1-52; 1972, c. 230; 1989, c. 727; 1998, Sp. Sess. I, c. 2; 2005, c. 305; 2006, c. 896; 2008, c. 171; 2012, c. 650.

§ 46.2-624. Information required on vehicles damaged by water.

A. When a vehicle has been damaged by water to such an extent that the insurance company insuring it has paid a claim of $3,500 or more because of this water damage, the insurance company shall report the payment of such claim to the Department.

B. Upon receipt of information from an insurance company pursuant to subsection A, the Commissioner shall issue a new certificate of title and place an appropriate indicator upon such certificate in order to convey that information to the new owner of the motor vehicle.

1966, c. 550, § 46.1-64.1; 1989, c. 727; 2011, cc. 652, 678; 2019, c. 72.

§ 46.2-625. Specially constructed, reconstructed, replica, converted electric, or foreign vehicles.

If a vehicle for which the registration or a certificate of title is applied is (i) a specially constructed, reconstructed, replica, converted electric, or foreign vehicle or (ii) off-road motorcycle converted to on-road use, the fact shall be stated in the application and, in the case of any foreign vehicle registered outside the Commonwealth, the owner shall present to the Department the certificate of title and registration card or other evidence of registration as he may have. The Commissioner may require such other evidence of ownership as he may deem advisable and promulgate regulations establishing what additional evidence of ownership, if any, shall be required for titling and registration of (i) specially constructed, reconstructed, replica, converted electric, or foreign vehicles or (ii) off-road motorcycles converted to on-road use. All titles and registrations for specially constructed, reconstructed, replica, and converted electric vehicles and off-road motorcycles converted to on-road use shall be branded with the words "specially constructed," "reconstructed," "replica," "converted electric," or "off-road motorcycle converted to on-road use," as appropriate. Titles for vehicles that are both converted electric vehicles and reconstructed vehicles shall be branded with the words "reconstructed" and "converted electric."

Code 1950, § 46-51; 1958, c. 541, § 46.1-53; 1970, c. 632; 1989, c. 727; 2007, cc. 325, 393; 2012, c. 177; 2015, c. 259.

§ 46.2-626. Repealed.

Repealed by Acts 1996, cc. 591 and 917.

§ 46.2-626.1. Motorcycle purchased by manufacturer for parts; documentation required for sale of parts.

For the purposes of this section, "certificate of origin," "line-make," "manufacturer," and "new motorcycle" have the meanings ascribed to them in § 46.2-1500.

A licensed motorcycle manufacturer shall not be required to obtain a certificate of title for a new motorcycle of a different line-make purchased by the manufacturer for the purpose of obtaining parts used in the production of another new motorcycle or an autocycle, provided such manufacturer obtains a salvage dealer license in accordance with § 46.2-1601. The manufacturer shall not be required to obtain a nonrepairable certificate for the purchased motorcycle, as required by § 46.2-1603.1, but shall stamp the words "Va. Code § 46.2-626.1: DISASSEMBLED FOR PARTS" in a minimum font size of 14 point across the face of the original manufacturer's certificate of origin. The certificate of origin shall be forwarded to the Department, which shall make a record of the disassembly of the motorcycle. The manufacturer shall retain a photocopy of the stamped certificate of origin for its records.

Any parts remaining from the purchased motorcycle and sold as parts by the manufacturer shall be accompanied by documentation of how such parts were obtained. Documentation accompanying the frame of the purchased motorcycle shall include a photocopy of the stamped manufacturer's certificate of origin and certification from the manufacturer that the original certificate of origin has been forwarded to the Department.

2013, cc. 244, 367; 2014, cc. 53, 256; 2015, c. 615.

§ 46.2-627. Fee for certificate of title; use in special fund.

The fee to be paid to the Department for the issuance of each original certificate of title shall be ten dollars. The fee to record a supplemental lien and issue a new title shall be six dollars. All fees collected under the provisions of this section shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

Code 1950, § 46-78; 1958, c. 541, § 46.1-78; 1962, c. 368; 1964, c. 218; 1974, c. 454; 1982, c. 671; 1986, c. 553; 1987, c. 696; 1989, c. 727.

§ 46.2-628. How certificate of title transferred.

The owner of a motor vehicle, trailer, or semitrailer registered under this chapter, when transferring or assigning his title or interest thereto, shall fully and correctly endorse the assignment and warranty of title on the certificate of title of the motor vehicle, trailer, or semitrailer to its purchaser, with a statement of all security interests on it, and shall deliver the certificate to the purchaser or transferee at the time of delivering the motor vehicle, trailer, or semitrailer. Any owner who willfully fails fully and correctly to endorse the assignment and warranty of title shall be guilty of a Class 3 misdemeanor.

Code 1950, § 46-84; 1958, c. 541, § 46.1-87; 1966, c. 558; 1972, c. 378; 1988, c. 363; 1989, c. 727.

§ 46.2-629. Odometer reading to be reported on certificate of title, application, or power of attorney.

A. Every owner or transferor of any motor vehicle, including a dealer, shall, at the time of transfer of ownership of any motor vehicle by him, record on the certificate of title, if one is currently issued on the vehicle in the Commonwealth, and on any application for certificate of title the reading on the odometer or similar device plus any known additional distance traveled not shown by the odometer or similar device of the motor vehicle at the time of transfer. If, however, a transferor gives his power of attorney to a dealer or other person for the purpose of assigning the transferor's interest in a motor vehicle, the transferor shall conspicuously record on the power of attorney the reading on the odometer or similar device at the time of the assignment. The owner or transferor of a motor vehicle may electronically provide, in a form and format prescribed by the Commissioner, the reading on the odometer or similar device at the time of transfer if a paper certificate of title was not issued by the Department in accordance with § 46.2-603.1 and electronic provision of odometer readings is permitted under the Federal Odometer Act (49 U.S.C. § 32701 et seq.) or any federal regulations promulgated thereunder.

B. The Department shall not issue to any transferee any new certificate of title to a motor vehicle unless subsection A has been complied with.

C. It shall be unlawful for any person knowingly to record an incorrect odometer or similar device reading plus any known additional distance not shown by the odometer or similar device on any certificate of title or application for a title, or on any power of attorney as described in subsection A.

D. Notwithstanding other provisions of this section, an owner or transferor, including a dealer, of any of the following types of motor vehicles need not disclose the vehicle's odometer reading:

1. Vehicles having gross vehicle weight ratings of more than 16,000 pounds;

2. Vehicles manufactured in or before the 2010 model year that are transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year and were previously exempt from recording an odometer reading on the certificate of title in another state, provided that the Department shall brand the titles of all such vehicles to indicate this exemption; and

3. Vehicles manufactured in or after the 2011 model year that are transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year and were previously exempt from recording an odometer reading on the certificate of title in another state, provided that the Department shall brand the titles of all such vehicles to indicate this exemption.

E. Violation of this section shall constitute a Class 1 misdemeanor.

F. The provisions of subsections A and B shall not apply to transfers under § 46.2-633.

G. This section shall not apply to transfers or application for certificates of title of all-terrain vehicles, mopeds, or off-road motorcycles as defined in § 46.2-100.

1972, c. 851, § 46.1-89.1; 1978, c. 294; 1986, c. 490; 1989, c. 727; 2004, c. 724; 2006, c. 896; 2007, c. 225; 2012, c. 650; 2013, c. 783; 2021, Sp. Sess. I, c. 431.

§ 46.2-630. Transfer and application for certificate of title forwarded to Department.

The transferee shall write his name and address in ink on the certificate of title and, except as provided in §§ 46.2-619 and 46.2-631, shall within thirty days forward the certificate to the Department with an application for the registration of the motor vehicle, trailer, or semitrailer and for a certificate of title.

Code 1950, § 46-85; 1958, c. 541, § 46.1-89; 1988, c. 363; 1989, c. 727.

§ 46.2-631. When transferred certificate of title need not be forwarded.

When the transferee of a motor vehicle, trailer, or semitrailer is a dealer who holds it for resale and operates it only for sales purposes under a dealer's license plate, the transferee shall not be required to register it nor forward the certificate of title to the Department, as provided in § 46.2-630, but the transferee, on transferring his title or interest to another person, shall notify the Department of the transfer and shall endorse and acknowledge an assignment and warranty of title on the certificate and deliver it to the person to whom the transfer is made.

Code 1950, § 46-86; 1958, c. 541, § 46.1-90; 1988, c. 363; 1989, c. 727.

§ 46.2-632. Transfer when certificate of title lost.

A. Whenever the applicant for the registration of a motor vehicle, manufactured home, trailer, or semitrailer or a new certificate of title is unable to present a certificate of title because the certificate has been lost or unlawfully detained by one in possession of it or whenever the certificate of title is otherwise not available, the Department may receive the application and investigate the circumstances of the case and may require the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to the title, it may register the motor vehicle, manufactured home, trailer, or semitrailer and issue a new registration card, license plate, or plates and certificate of title to the person entitled to it.

B. Whenever the insurance company or its agent makes application for a certificate of title to a vehicle that is not a salvage vehicle as defined in § 46.2-1600 and is unable to present a certificate of title, the Department may receive the application along with an affidavit indicating that the vehicle was acquired as the result of the claims process and describing the efforts made by the insurance company or its agent to obtain the certificate of title from the previous owner. When the Department is satisfied that the applicant is entitled to the title, it may issue a certificate of title to the person entitled to it. The Commissioner may charge a fee of $25 for the expense of processing an application under this subsection that is accompanied by an affidavit. Such fee shall be in addition to any other fees and taxes required. All fees collected under the provisions of this subsection shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

Code 1950, § 46-88; 1958, c. 541, § 46.1-92; 1989, c. 727; 2009, c. 171; 2014, c. 624.

§ 46.2-633. Transfer of title by operation of law.

A. Except as otherwise provided in § 46.2-615 in the event of the transfer by operation of law of the title or interest of an owner in and to a motor vehicle, trailer, or semitrailer registered under the provisions of this chapter to anyone as legatee or distributee or as surviving joint owner or by an order in bankruptcy or insolvency, execution sale, sales as provided for in § 46.2-644.03, repossession on default in the performing of the terms of a lease or executory sales contract or of any written agreement ratified or incorporated in a decree or order of a court of record, or otherwise than by the voluntary act of the person whose title or interest is so transferred, the transferee or his legal representative shall apply to the Department for a certificate of title, giving the name and address of the person entitled to it, and accompany his application with the registration card and certificate of title previously issued for the motor vehicle, trailer, or semitrailer, if available, together with whatever instruments or documents of authority, or certified copies of them, are required by law to evidence or effect a transfer of title or interest in or to chattels in the case. The Department shall cancel the registration of the motor vehicle, trailer, or semitrailer and issue a new certificate of title to the person entitled to it.

B. Notwithstanding the provisions of subsection A, if a title is presented from a state other than the Commonwealth, the Department shall, upon presentation of the title and a form prescribed by the Commissioner attesting to the lawful repossession of the vehicle and the intent to offer the vehicle for sale in the Commonwealth, issue a new certificate of title to the person entitled to it and request the state in which the vehicle is titled to cancel the title. Nothing in this subsection, however, shall be construed to require the presentation of a title from a state other than the Commonwealth if the vehicle is not required to be titled by the laws of that other state.

Code 1950, § 46-89; 1958, c. 541, § 46.1-93; 1964, c. 142; 1968, cc. 187, 605; 1970, c. 287; 1989, c. 727; 2005, cc. 766, 849; 2008, Sp. Sess. II, c. 7; 2009, c. 664.

§ 46.2-633.1. Sale in Virginia of vehicle repossessed in another state.

Any motor vehicle dealer who purchases a vehicle titled in another state and that was repossessed may sell that vehicle in Virginia without obtaining a Virginia title for the vehicle from Virginia or the state in which the vehicle is titled, provided the motor vehicle dealer has an affidavit of repossession or similar document showing the lawful repossession, which affidavit or document would be sufficient to allow the sale of the repossessed vehicle in the state where it is titled without titling the vehicle in the name of the seller.

2009, cc. 185, 691.

§ 46.2-633.2. Transfer of title on death.

A. A motor vehicle, trailer, or semitrailer may include in the certificate of title a designation of a beneficiary to whom the motor vehicle, trailer, or semitrailer shall be transferred after the death of the owner.

B. A motor vehicle, trailer, or semitrailer owned by one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the name of the sole owner followed by "transfer on death" or "TOD" and the name of the beneficiary.

C. A motor vehicle, trailer, or semitrailer owned by more than one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the names of the owners followed by "transfer on death" or "TOD" and the name of the beneficiary. Such application shall be signed by all owners of the motor vehicle, trailer, or semitrailer. Such transfer to the designated beneficiary shall occur upon the death of the last surviving owner. Nothing herein shall limit the rights of any surviving owner as provided in this section.

D. A certificate of title with a designated beneficiary shall not be issued if (i) any owner is not a natural person or (ii) the motor vehicle, trailer, or semitrailer is encumbered by a lien or security interest.

E. During the lifetime of the owner:

1. The beneficiary shall have no interest in the motor vehicle, trailer, or semitrailer and the signature or consent of the beneficiary shall not be required for any transaction; and

2. The certificate of title with the designated beneficiary shall not be issued by the Department or shall be canceled if:

a. The owner files an application for a certificate of title under subsection B or C to remove or change the beneficiary;

b. The owner sells the motor vehicle, trailer, or semitrailer and delivers the certificate of title to another person; or

c. An application for the recording of a lien or security interest has been filed with the Department for the motor vehicle, trailer, or semitrailer prior to the death of the owner or filed within the time limits in § 46.2-639.

F. Except as provided in this section, the designated beneficiary shall not be changed or revoked by will or any other instrument, by a change in circumstances, or in any other manner.

G. A certificate of title with a designated beneficiary shall not be required to be supported by consideration and need not be delivered to the beneficiary to be effective.

H. Upon the death of the owner and application by the beneficiary, the Department shall issue a new certificate of title in accordance with § 46.2-600 for the motor vehicle, trailer, or semitrailer to the beneficiary. The beneficiary must apply for a certificate of title upon submitting proof of the death of the owner and such other documents and information as the Department may reasonably require. If the beneficiary does not survive the owner or does not apply for a certificate of title within 120 days of the death of the owner, the beneficiary or his estate shall have no right to obtain title to the motor vehicle, trailer, or semitrailer under this section. Upon transfer of title to the beneficiary, the Department shall cancel the registration of the deceased owner.

I. Any transfer pursuant to this section shall be subject to any lien or security interest authorized under § 46.2-644, 46.2-644.01, or 46.2-644.02.

J. Any transfer pursuant to this section is not testamentary and shall not be subject to the provisions of Title 64.2.

2013, c. 318; 2020, c. 974.

§ 46.2-634. Transfer of title when no qualification on estate.

If the holder of a certificate of title is dead and there has been no qualification on his estate, a transfer may be made by a legatee or distributee if there is presented to the Department a statement made by a legatee or distributee to the effect that there has not been and there is not expected to be a qualification on the estate and that the decedent's debts have been paid or that the proceeds from the sale of the motor vehicle will be applied against his debts. The statement shall contain the name, residence at the time of death, date of death, and the names of any other persons having an interest in the motor vehicle which is sought to be transferred and, if these persons are of legal age, they shall signify in writing their consent to the transfer of the title.

Code 1950, § 46-90; 1958, c. 541, § 46.1-94; 1964, c. 574; 1972, c. 211; 1989, c. 727.

§ 46.2-635. Surrender of certificates for vehicles to be demolished; securing new title certificates.

Every person disposing of a motor vehicle, trailer, or semitrailer which is to be demolished shall make an assignment of title to the transferee as provided in § 46.2-628. The assigned certificate of title, when available, however, shall be delivered to the Department, accompanied by a form provided by the Commissioner, stating that the vehicle is to be demolished. On receipt of this form and the assigned title, the Commissioner shall forward to the transferee a receipt for them.

If the person, in lieu of demolishing the vehicle, sells, transfers, or operates the motor vehicle, trailer, or semitrailer, he shall first secure a certificate of title from the Department. Before issuing the new certificate of title, the Department shall inspect, or have inspected, the reconstructed vehicle.

If a motor vehicle, trailer, or semitrailer obtained for use or resale, is subsequently demolished, the owner shall immediately surrender its certificate of title to the Department.

1968, c. 156, § 46.1-98.1; 1978, c. 605; 1989, c. 727.

§ 46.2-636. Certificate to show security interests.

When the Department receives an application for a certificate of title to a motor vehicle, trailer, or semitrailer showing security interests on the motor vehicle, trailer, or semitrailer, the certificate of title issued by the Department to the owner of the vehicle shall show all security interests disclosed by the application. All security interests shown on the certificate of title shall be shown in the order of their priority according to the information contained in the application.

Code 1950, § 46-69; 1958, c. 541, § 46.1-69; 1966, c. 558; 1989, c. 727.

§ 46.2-636.1. Security interests in farm tractors and special construction and forestry equipment.

A financing statement, as defined in § 8.9A-102, must be filed to perfect all security interests in farm tractors and special construction and forestry equipment, as defined in § 46.2-100. No other provisions of this chapter pertaining to security interests shall apply to these motor vehicles.

2010, c. 135.

§ 46.2-637. Security interests subsequently created.

Security interests, other than those in inventory held for sale, in motor vehicles, trailers, or semitrailers created by the voluntary act of the owner after the original issue of a certificate of title to the owner must be shown on the certificate of title. In such cases, the owner shall file an application with the Department on a form furnished for that purpose, setting forth the security interests and whatever additional information the Department may deem necessary. If satisfied that it is proper for the security interest to be recorded, when the certificate of title covering the motor vehicle, trailer, or semitrailer, is surrendered, the Department shall issue a new certificate of title, showing security interests in the order of their priority according to the date of the filing of the application. For the purpose of recording a subsequent security interest, the Commissioner may require any secured party to deliver to him the certificate of title. The new certificate shall be sent or delivered to the secured party from whom the prior certificate was obtained. Notwithstanding any other provision of law, a security interest in a motor vehicle, trailer, or semitrailer which is inventory held for sale shall be perfected only as provided in §§ 8.9A-301 through 8.9A-527.

Code 1950, § 46-70; 1958, c. 541, § 46.1-70; 1966, c. 558; 1989, c. 727; 2006, c. 896.

§ 46.2-638. Certificate as notice of security interest.

A certificate of title, when issued by the Department showing a security interest, shall be adequate notice to the Commonwealth, creditors, and purchasers that a security interest in the motor vehicle exists and the recording or filing of such creation or reservation of a security interest in the county or city wherein the purchaser or debtor resides or elsewhere is not necessary and shall not be required. Motor vehicles, trailers or semitrailers, other than those which are inventory held for sale, registered or for which a certificate of title shall have been issued under this title shall not be subjected to, but shall be exempt from the provisions of §§ 8.9A-301 through 8.9A-527 and § 55.1-407, nor shall recordation or filing of such security interest, except a security interest in inventory held for sale, in any other place for any other purpose, be required or have any effect.

Code 1950, § 46-71; 1958, c. 541, § 46.1-71; 1966, c. 558; 1989, c. 727; 2006, c. 896; 2010, c. 135.

§ 46.2-639. Security interest may be filed within thirty days after purchase.

If application for the registration or recordation of a security interest to be placed on a motor vehicle, trailer, or semitrailer is filed with the Department, it shall be deemed perfected as of the date of filing, and, if the date of filing is within thirty days from the date of an applicant's purchase of the motor vehicle, trailer, or semitrailer, it shall be as valid as to all persons, including the Commonwealth, as if that registration had been accomplished on the day the security interest was acquired.

Code 1950, § 46-72; 1958, c. 541, § 46.1-72; 1966, c. 558; 1972, cc. 300, 408; 1989, c. 727; 2000, c. 71.

§ 46.2-640. Priority of security interests shown on certificates of title.

The security interests, except security interests in motor vehicles, trailers and semitrailers which are inventory held for sale and are perfected under §§ 8.9A-401 through 8.9A-527, shown upon such certificates of title issued by the Department pursuant to applications for same shall have priority over any other liens or security interests against such motor vehicle, trailer, or semitrailer, however created and recorded. The foregoing provisions of this section shall not apply to liens for taxes as provided in § 58.1-3942, liens of keepers of garages to the extent given by § 46.2-644.01 and liens of mechanics for repairs to the extent given by § 46.2-644.02 if the requirements therefor exist, provided the garage keeper or mechanic furnishes the holder of any recorded lien who may request it with an itemized sworn statement of the storage charges, work done, and materials supplied for which the lien is claimed.

Code 1950, § 46-73; 1958, c. 541, § 46.1-73; 1966, c. 558; 1977, c. 382; 1983, c. 397; 1984, c. 396; 1989, c. 727; 1999, c. 299; 2009, c. 664.

§ 46.2-640.1. Vehicle leases that are not sales or security interests.

Notwithstanding any other provision of law, in the case of motor vehicles, trailers or semi-trailers, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

1991, c. 536.

§ 46.2-641. Who to hold certificate of title subject to security interest.

The certificate of title of a motor vehicle, trailer, or semitrailer shall be delivered to the person holding the security interest having first priority on the motor vehicle, trailer, or semitrailer and retained by him until the entire amount of his security interest is fully paid by the owner. When the security interest is fully paid, the certificate of title shall be delivered to the secured party next in order of priority or, if none, then to the owner.

Code 1950, § 46-74; 1958, c. 541, § 46.1-74; 1966, c. 558; 1989, c. 727.

§ 46.2-642. Release of security interest shown on certificate of title.

When an owner secures the release of any security interest on a motor vehicle, trailer, or semitrailer shown on its certificate of title, he may exhibit the documents evidencing the release, signed by the person or persons making the release, and the certificate of title to the Department. However, when it is impossible to secure the release from the secured party, the owner may exhibit to the Department whatever evidence may be available showing that the debt secured has been satisfied, together with a statement by the owner under oath that the debt has been paid. The Department, when satisfied as to the genuineness and regularity of the release, shall issue to the owner either a new certificate of title or an endorsement or rider showing the release of the security interest, which the Department shall attach to the outstanding certificate of title.

Code 1950, § 46-75; 1958, c. 541, § 46.1-75; 1966, c. 558; 1972, c. 249; 1989, c. 727.

§ 46.2-643. Surrender of certificate of title required when security interest paid.

It shall constitute a Class 3 misdemeanor for a secured party who holds a certificate of title as provided in this title to refuse or fail to mark satisfied and surrender it to the person legally entitled thereto within ten days after his security interest is satisfied.

Code 1950, § 46-76; 1958, c. 541, § 46.1-76; 1966, c. 558; 1978, c. 605; 1989, c. 727.

§ 46.2-644. Levy of execution.

A levy made by virtue of an execution, fieri facias, or other court order, on a motor vehicle, trailer, or semitrailer for which a certificate of title has been issued by the Department, shall constitute a lien, subsequent to security interests previously recorded by the Department and subsequent to security interests in inventory held for sale and perfected as otherwise permitted by law, when the officer making the levy reports to the Department on forms provided by the Department, that the levy has been made and that the motor vehicle, trailer, or semitrailer levied on has been seized by him. If the lien is thereafter satisfied or should the motor vehicle, trailer, or semitrailer thus levied on and seized thereafter be released by the officer, he shall immediately report that fact to the Department. Any owner who, after the levy and seizure by an officer and before the officer reports the levy and seizure to the Department, shall fraudulently assign or transfer his title to or interest in a motor vehicle, trailer, or semitrailer or cause its certificate of title to be assigned or transferred or cause a security interest to be shown on its certificate of title shall be guilty of a Class 1 misdemeanor.

Code 1950, § 46-77; 1958, c. 541, § 46.1-77; 1966, c. 558; 1972, c. 408; 1989, c. 727.

§ 46.2-644.01. (Effective until January 1, 2022) Lien of keeper of garage.

A. Every keeper of a garage and every person keeping any vehicles shall have a lien upon such vehicles for the amount that may be due him for the towing, storage, recovery, and care thereof, until such amount is paid.

B. In the case of any vehicle subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the garage shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 46.2-644.02 not to exceed $1,000. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Motor Vehicles by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Motor Vehicles within seven business days of taking possession of the vehicle. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the vehicle shall be subject to subsection D.

In the case of any vehicle not subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the garage shall have a lien thereon for his reasonable charges for storage under this section and for alteration and repair under § 46.2-644.02 not to exceed the value of the vehicle as determined by the provisions of § 8.01-419.1.

C. In addition, any person furnishing services involving the towing and recovery of a vehicle shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the vehicle by certified mail, return receipt requested, to all secured parties of record at the Department of Motor Vehicles.

D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid.

E. Any lien created under this section shall not extend to any personal property that is not attached to or considered to be necessary for the proper operation of any motor vehicle, and it shall be the duty of any keeper of such personal property to return it to the owner if the owner claims the items prior to auction.

F. For the purposes of this section, in the case of a truck or combination of vehicles, the owner, or in the case of a rented or leased vehicle, the lessee of the truck or tractor truck, shall be liable for the costs of the towing, recovery, and storage of the cargo and of any trailer or semitrailer in the combination. Nothing in this subsection, however, shall bar the owner of the truck or tractor truck from subsequently seeking to recover from the owner of any trailer, semitrailer, or cargo all or any portion of these towing, recovery, and storage costs.

2009, c. 664; 2016, c. 397; 2019, c. 561.

Article 2.1. All-Terrain Vehicle and Off-Road Motorcycle Certificates of Title.

§ 46.2-644.1. Titling of all-terrain vehicles and off-road motorcycles.

A. Every owner, except a dealer licensed under § 46.2-1508, of any all-terrain vehicle or off-road motorcycle powered by a gasoline or diesel engine displacing more than 50 cubic centimeters and purchased as new on or after July 1, 2006, shall apply to the Department for a certificate of title in the name of the owner before the all-terrain vehicle or off-road motorcycle is operated anywhere in the Commonwealth.

B. Any owner of an all-terrain vehicle or off-road motorcycle not required to be titled under this section and not titled elsewhere may apply to the Department for a certificate of title. The Department shall issue the certificate upon reasonable evidence of ownership, such as a buyer's order or other document satisfactory to the Department.

C. Except as otherwise provided in this title, all-terrain vehicles and off-road motorcycles shall comply with the titling requirements of motor vehicles pursuant to Article 2 (§ 46.2-616 et seq.).

2006, c. 896; 2015, c. 615.

Article 2. Titling Vehicles.

§ 46.2-644.01. (Effective January 1, 2022) Lien of keeper of vehicles.

A. For purposes of this section, "keeper of vehicles" means a garage keeper; a person keeping any vehicles, including a self-storage facility; and a tow truck driver or towing and recovery operator furnishing services involving the towing and recovery of vehicles.

B. Every keeper of vehicles shall have a lien upon such vehicles for the amount that may be due him for the towing, storage, recovery, and care thereof, until such amount is paid.

Such lien shall be in addition to any lien under § 46.2-644.02. Any garage keeper to whom a vehicle has been delivered pursuant to § 46.2-1209, 46.2-1213, or 46.2-1215 shall, within 30 days from the date of delivery, have a lien upon such vehicle pursuant to this section, provided that action has not been taken pursuant to such sections for the sale of the vehicle.

C. In the case of any vehicle for which the title shows an existing lien, the keeper of vehicles shall have a lien upon the vehicle for his reasonable charges for storage under this section not to exceed $500; however, the keeper of vehicles shall also be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens. In addition, any tow truck driver or towing and recovery operator shall have a lien for all normal costs incident to any towing and recovery services furnished for the vehicle.

In the case of any vehicle not subject to an existing lien on the title, the keeper of vehicles shall have a lien thereon for his reasonable charges for storage under this section, alone or in combination with a lien under § 46.2-644.02 not to exceed the value of the vehicle as determined by the provisions of § 8.01-419.1.

D. The keeper of vehicles, or the authorized agents of such, shall ascertain from the Department whether the certificate of title for the vehicle shows a lien in accordance with the provisions of § 46.2-644.03 within seven business days of taking possession of the vehicle. The owner or lienholder shall have 10 business days from the date of the notice sent by the Department pursuant to § 46.2-644.03 to reclaim the vehicle. The terms for such reclamation shall be the payment of the amount due to the keeper of the vehicles or other amount as agreed by the parties. If the vehicle remains unclaimed, the keeper of the vehicles may enforce the lien under the provisions of § 46.2-644.03 or relinquish the lien under the provisions of § 46.2-644.04.

For purposes of this subsection, the date of possession for a garage keeper to whom a vehicle has been delivered pursuant to § 46.2-1209, 46.2-1213, or 46.2-1215 shall be the date such lien attaches, and the date of possession for a self-storage facility shall be the date on which the facility owner learns that a leased space subject to default contains a motor vehicle.

E. Any lien created under this section shall not extend to any personal property that is not attached to or considered to be necessary for the proper operation of any motor vehicle, and it shall be the duty of any keeper of vehicles to permit the owner to access the vehicle in order to recover his personal property, provided the owner claims and retrieves the items at least two business days prior to the auction date. The keeper of vehicles may dispose of any unclaimed personal property.

F. For the purposes of this section, in the case of a truck or combination of vehicles, the owner, or in the case of a rented or leased vehicle, the lessee of the truck or tractor truck, shall be liable for the costs of the towing, recovery, and storage of the cargo and of any trailer or semitrailer in the combination. Nothing in this subsection, however, shall bar the owner of the truck or tractor truck from subsequently seeking to recover from the owner of any trailer, semitrailer, or cargo all or any portion of these towing, recovery, and storage costs.

2009, c. 664; 2016, c. 397; 2019, c. 561; 2021, Sp. Sess. I, c. 374.

§ 46.2-644.02. (Effective until January 1, 2022) Lien of mechanic for repairs.

Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.

Every mechanic who shall make necessary alterations or repairs on any article of personal property which from its character requires the making of ordinary repairs thereto as a reasonable incident to its reasonable and customary use, at the request of any person legally in possession thereof under a reservation of title contract, chattel mortgage, deed of trust, or other instrument securing money, the person so in possession having authority to use such property, shall have a lien thereon for his just and reasonable charges therefor to the extent of $1,000 or, if the property is a motor vehicle and is not subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, an amount not to exceed the value of the vehicle as determined by the provisions of § 8.01-419.1. In addition, such mechanic shall be entitled to a lien against the proceeds, if any, remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid. In any action to enforce the lien hereby given all persons having an interest in the property sought to be subjected shall be made parties defendant.

If the owner of the property held by the mechanic shall desire to obtain possession thereof, he shall make the mechanic defendant in proceeding in the county or municipal court to recover the property.

The owner may give a bond payable to the court, in a penalty of the amount equal to the lien claimed by the mechanic and court costs, with security to be approved by the clerk, and conditioned for the performance of the final judgment of the court on the trial of the proceeding, and with a further condition to the effect that, if upon the hearing, the judgment of the court be that the lien of the mechanic on such property, or any part thereof, be enforced, judgment may thereupon be entered against the obligors on such bond for the amount due the mechanic and court costs, if assessed against the owner, without further or other proceedings against them thereon. Upon giving of the bond, the property shall be delivered to the owner.

2009, c. 664; 2016, c. 397; 2019, c. 561.

Article 2.1. All-Terrain Vehicle and Off-Road Motorcycle Certificates of Title.

§ 46.2-644.2. Department's records; fees; exemption.

The Department shall maintain a record of any certificate of title it issued under this article. Fees to be paid to the Department for issuance of such certificates of title shall be the same as those imposed for the titling of motor vehicles pursuant to § 46.2-627.

Any all-terrain vehicle or off-road motorcycle purchased and used by a nonprofit volunteer emergency medical services agency shall be exempt from fees imposed under this section.

2006, c. 896; 2015, cc. 502, 503.

Article 2. Titling Vehicles.

§ 46.2-644.02. (Effective January 1, 2022) Lien of mechanic for repairs.

A. Every mechanic who shall alter or repair any vehicle at the request of the owner or authorized person in possession of such vehicle shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid. Such lien shall be in addition to any lien under § 46.2-644.01.

B. No lien under this section shall exceed $1,000 for any vehicle for which the title shows an existing lien. However, the mechanic shall be entitled to a lien against the proceeds, if any, remaining after the satisfaction of all prior security interests or liens.

For any vehicle not subject to an existing lien on the title, no lien under this section, alone or in combination with a lien under § 46.2-644.01, shall exceed the value of the vehicle as determined by the provisions of § 8.01-419.1.

C. The mechanic or his authorized agent shall ascertain from the Department whether the certificate of title for the vehicle shows a lien thereon in accordance with the provisions of § 46.2-644.03 within seven business days after the due date of an invoice for the amount due for the alteration or repair. The mechanic may then enforce his lien under the provisions of § 46.2-644.03 after such invoice goes unpaid for 10 days after it is due or relinquish his lien under the provisions of § 46.2-644.04.

D. If the owner of the vehicle held by the mechanic shall desire to obtain possession thereof, he shall make the mechanic defendant in proceeding in the county or municipal court to recover the vehicle.

The owner may give a bond payable to the court, in a penalty of the amount equal to the lien claimed by the mechanic and court costs, with security to be approved by the clerk, and conditioned for the performance of the final judgment of the court on the trial of the proceeding, and with a further condition to the effect that, if upon the hearing, the judgment of the court be that the lien of the mechanic on such vehicle, or any part thereof, be enforced, judgment may thereupon be entered against the obligors on such bond for the amount due the mechanic and court costs, if assessed against the owner, without further or other proceedings against them thereon. Upon giving of the bond, the vehicle shall be delivered to the owner.

2009, c. 664; 2016, c. 397; 2019, c. 561; 2021, Sp. Sess. I, c. 374.

§ 46.2-644.03. (Effective until January 1, 2022) Enforcement of liens acquired under §§ 46.2-644.01 and 46.2-644.02 and of liens of bailees.

For the purposes of this section, "public place" means a premises owned by the Commonwealth or a political subdivision thereof, or an agency of either, that is open to the general public.

Any person having a lien under §§ 46.2-644.01 and 46.2-644.02 and any bailee, except where otherwise provided, having a lien as such at common law on personal property in his possession that he has no power to sell for the satisfaction of the lien, if the debt for which the lien exists is not paid within 10 days after it is due and the value of the property affected by the lien does not exceed $12,500, may sell such property or so much thereof as may be necessary, by public auction, for cash. The proceeds shall be applied to the satisfaction of the debt and expenses of sale, and the surplus, if any, shall be paid within 30 days of the sale to any lienholder, and then to the owner of the property. A seller who fails to remit the surplus as provided shall be liable to the person entitled to the surplus in an amount equal to $50 for each day beyond 30 days that the failure continues.

Before making the sale, the seller shall advertise the time, place, and terms thereof in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. In the case of property other than a motor vehicle required to be registered in Virginia having a value in excess of $600, 10 days' prior notice shall be given to any secured party who has filed a financing statement against the property, and written notice shall be given to the owner as hereinafter provided. If the property is a motor vehicle required by the motor vehicle laws of Virginia to be registered, the person having the lien shall ascertain from the Commissioner of the Department of Motor Vehicles whether the certificate of title of the motor vehicle shows a lien thereon. At that time, the Commissioner shall also determine the value of the property and shall communicate it to the bailee. If the certificate of title shows a lien, the bailee proposing the sale of the motor vehicle shall notify the lienholder of record, by certified mail, at the address on the certificate of title of the time and place of the proposed sale 10 days prior thereto. If the name of the owner cannot be ascertained, the name of "John Doe" shall be substituted in any proceedings hereunder and no written notice as to him shall be required to be mailed. Whenever a vehicle is shown by the Department of Motor Vehicles records to be owned by a person who has indicated that he is on active military duty or service, the Department shall include such information in response to requests for vehicle information pursuant to the requirements of this chapter.

If the value of the property is more than $12,500 but does not exceed $25,000, the party having the lien, after giving notice as herein provided, may apply by petition to any general district court of the county or city wherein the property is, or, if the value of the property exceeds $25,000, to the circuit court of the county or city, for the sale of the property. If, on the hearing of the case on the petition, the defense, if any made thereto, and such evidence as may be adduced by the parties respectively, the court is satisfied that the debt and lien are established and the property should be sold to pay the debt, the court shall order the sale to be made by the sheriff of the county or city. The sheriff shall make the same and apply and dispose of the proceeds in the same manner as if the sale were made under a writ of fieri facias.

In determining the value of the property as required by this section, the Commissioner shall use a recognized pricing guide and, in using such guide, shall use the trade-in value specified in such guide.

If the owner of the property is a resident of the Commonwealth, any notice required by this section may be served as provided in § 8.01-296 or, if the sale is to be made without resort to the courts, by personal delivery or by certified or registered mail delivered to the present owner of the property to be sold at his last known address at least 10 days prior to the date of sale. If the owner of the property is a nonresident or if his address is unknown, any notice required by this section may be served by posting a copy thereof in three of any of the following places in any combination: (i) one or more public places in the county or city where the property is located; (ii) one or more websites operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) one or more newspapers of general circulation in the county or city where the property is located, either in print or on their websites.

If the property is a motor vehicle (i) for which neither the owner nor any other lienholder or secured party can be determined by the Department of Motor Vehicles through a diligent search of its records, (ii) manufactured for a model year at least six years prior to the current model year, and (iii) having a value of no more than $3,000 as determined by the provisions of § 8.01-419.1, a person having a lien on such vehicle may, after showing proof that the vehicle has been in his continuous custody for at least 30 days, apply for and receive from the Department of Motor Vehicles title or a nonrepairable certificate to such vehicle, free of all liens and claims of ownership of others, and proceed to sell or otherwise dispose of the vehicle.

Whenever a motor vehicle is sold hereunder, the Department of Motor Vehicles shall issue a certificate of title and registration or a nonrepairable certificate to the purchaser thereof upon his application containing the serial or motor number of the vehicle purchased together with an affidavit of the lienholder that he has complied with the provisions hereof, or by the sheriff conducting a sale that he has complied with said order.

Any garage keeper to whom a motor vehicle has been delivered pursuant to § 46.2-1209, 46.2-1213, or 46.2-1215 may after 30 days from the date of delivery proceed under this section, provided that action has not been taken pursuant to such sections for the sale of such motor vehicle.

Notwithstanding any provisions to the contrary, any person having a lien under § 46.2-644.01 or 46.2-644.02 shall comply with the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) when disposing of a vehicle owned by a member of the military duty or service.

2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2015, c. 640; 2016, c. 397; 2019, c. 560.

Article 2.1. All-Terrain Vehicle and Off-Road Motorcycle Certificates of Title.

§ 46.2-644.3. Acquisition of all-terrain vehicle or off-road motorcycle by dealer.

Any dealer licensed under § 46.2-1508 who acquires an all-terrain vehicle or off-road motorcycle for resale shall be exempt from the titling requirements of this title.

Any dealer transferring an all-terrain vehicle or off-road motorcycle titled under this title shall assign the title to the new owner or, in the case of a new all-terrain vehicle or off-road motorcycle, assign the certificate of origin.

2006, c. 896; 2015, c. 615.

Article 2. Titling Vehicles.

§ 46.2-644.03. (Effective January 1, 2022) Enforcement of liens acquired under §§ 46.2-644.01 and 46.2-644.02.

A. For the purposes of this section:

"Bailee" means anyone who has one or more liens under § 46.2-644.01 or 46.2-644.02.

"Independent appraisal" means an estimate for the value of a motor vehicle prepared by an individual or business that (i) has all required business licenses and zoning approvals and (ii) is either a licensed appraiser in another state or a business authorized by an insurance company to prepare insurance appraisals. "Independent appraisal" does not include an estimate prepared by an individual or business with a financial interest in the bailee's business.

B. Any bailee eligible to enforce a lien under § 46.2-644.01 or 46.2-644.02, if the value of the vehicle affected by the lien does not exceed $12,500, may sell such vehicle by public auction, for cash, in accordance with the provisions of this section. The proceeds shall be applied to the satisfaction of the debt and expenses of sale, and the surplus, if any, shall be paid within 30 days of the sale to any lienholder of record, and then to the owner of the vehicle, provided such lienholder or owner contacts the bailee prior to the sale to claim any surplus that may result. If such claim is made by the lienholder or owner within 30 days following the sale, the surplus shall be paid within 30 days of the claim. If no claim to the surplus is made within 30 days of the sale, or if the owner or lienholder cannot be ascertained by the Department, the bailee shall be entitled to keep the surplus.

C. Before any lien may be enforced under this section, the bailee or his authorized agent shall initiate with the Department, in a manner prescribed by the Commissioner, a search for the owner and lienholder of record for the vehicle, the names and addresses of which if found shall be provided to the bailee. Any bailee or authorized agent who initiates more than five such requests within any 12-month period shall enter into an agreement with the Department to initiate requests and receive responses electronically.

The Department shall check (i) its own records, (ii) the records of a nationally recognized crime database, and (iii) records of a nationally recognized motor vehicle title database for owner and lienholder information. If a vehicle has been reported stolen, the Department shall notify the appropriate law-enforcement agency of that fact. If a vehicle is found to have been titled in another jurisdiction, the Department shall contact that jurisdiction to ascertain the requested information and provide it to the bailee. At the time of the search, the Department shall also determine the value of the vehicle, using the trade-in value specified in a recognized pricing guide, and, for a vehicle titled in the Commonwealth, whether the records of the Department show that the owner of the vehicle has indicated that he is on active military duty or service. The Department shall include such information in the response to the request for vehicle information.

After responding to the request for vehicle information, the Department shall notify the owner and any lienholder of record of the request by first-class mail to the address provided on the vehicle record held by the Department or by the jurisdiction in which the vehicle is titled. Such notice shall include the name and contact information of the bailee and any terms for reclaiming the vehicle, as well as any additional information the Commissioner determines to be necessary.

No notice by the Department shall be required if no record for the vehicle can be found or, in the case of a vehicle titled in another jurisdiction, the other jurisdiction refuses to release the requested vehicle information to the Department. In either situation, the bailee may continue with lien enforcement under this section. However, if a vehicle record exists in another jurisdiction, the bailee shall assume all liability for proceeding with such enforcement without written notice to the owner and/or lienholder of record.

For every vehicle subject to a record search as provided for in this section, if the record for the vehicle is held by the Department, the Department shall place an administrative hold on the vehicle record until the bailee reports to the Department that the vehicle has been reclaimed or sold pursuant to this section.

D. Any bailee enforcing a lien in accordance with this section shall notify the Department of his intent to sell the vehicle in a manner prescribed by the Commissioner. A $40 fee shall be paid to the Department at the time of notice. Upon receipt of such notice and fee, the Department shall repeat the vehicle record search prescribed in subsection A for the purpose of confirming the most recent owner and lienholder information for the vehicle.

If the Department confirms owner or lienholder information, either through a search of its own records or those of another jurisdiction, the Department shall notify the owner, at the last known address of record, and any lienholder, at the last known address of record, of the intent to sell the vehicle, by certified mail, return receipt requested, and advise them to reclaim the vehicle and repay the debt owed within 15 days from the date the notice was sent. Such notice, when sent in accordance with these requirements, shall be sufficient regardless of whether or not it was ever received.

Following the notice required in this subsection, if the vehicle remains unclaimed and the debt unpaid, the owner and all persons having security interest shall have waived all right, title, and interest in the vehicle, except to the extent that subsection B requires a surplus to be paid. The bailee shall notify the Department in a manner prescribed by the Commissioner within five business days if the vehicle is reclaimed and the debt paid. Should the bailee fail to notify the Department as required herein, and the Department must remove the administrative hold placed under subsection C at the request of the vehicle owner or lienholder, and upon submission of proof that the debt was paid and the vehicle reclaimed, the Department may impose and collect an administrative fee of $40 from the bailee for each such removal.

E. At the time the bailee notifies the Department of his intent to sell the motor vehicle, the bailee shall provide the intended date of sale at public auction, including the time, place, and terms of such sale. The intended date shall be at least 21 days after the date of notification. The Department shall post notice on behalf of the bailee for at least 21 days prior to the date of sale, advertising the time, place, and terms of the sale. Such 21-day posting period shall run concurrently with the 15-day reclamation period provided for in subsection D. Notifications and postings shall be in an electronic manner prescribed by the Commissioner and shall include the vehicle identification number and a description of each vehicle to be sold. No other postings or notices advertising the sale shall be required.

Upon notice by the bailee that the vehicle will be sold, the Department shall provide a certification document in a manner prescribed by the Commissioner to the bailee. The bailee shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.

F. If the value of the vehicle is more than $12,500 but does not exceed $25,000, the bailee, after the notice is sent by the Department pursuant to subsection C, may apply by petition to any general district court of the county or city wherein the vehicle is, or, if the value of the vehicle exceeds $25,000, to the circuit court of the county or city, for the sale of the vehicle. No notice sent by the Department pursuant to this section shall substitute for service of process for any court proceeding. If the name of the owner cannot be ascertained, the name "John Doe" shall be substituted in any proceeding pursuant to this section.

If, on the hearing of the case on the petition, the defense, if any made thereto, and such evidence as may be adduced by the parties respectively, the court is satisfied that the debt and lien are established and the vehicle should be sold to pay the debt, the court shall order the sale to be made by the sheriff of the county or city. The sheriff shall make the same and apply and dispose of the proceeds in the same manner as if the sale were made under a writ of fieri facias. No additional notifications or postings by the Department related to the sale shall be required.

If a court has ordered the sale of the vehicle, the bailee shall submit to the Department a copy of the court order in a manner prescribed by the Commissioner. Upon receipt, the Department shall provide a certification document to the bailee. The bailee and sheriff conducting the sale, or his authorized representative, shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.

G. In determining the value of the property as required by this section, the Commissioner shall use a recognized pricing guide and, in using such guide, shall use the trade-in value specified in such guide.

However, the bailee may submit an independent appraisal and supporting documentation to show the accurate value of the vehicle in a manner prescribed by the Commissioner. Upon receipt, the Department shall update the vehicle record to reflect the value established by the independent appraisal and notify the bailee that enforcement under this section may proceed based on the new value.

If the Department is unable to determine a trade-in value for a vehicle, the Commissioner may establish guidelines for acceptable alternate valuation options to include independent appraisals and retail or loan values that may be available in online or printed pricing guides. The bailee may submit documentation pursuant to such guidelines in order to establish the value of the vehicle.

H. For a vehicle (i) for which neither the owner nor any other lienholder or secured party can be determined by the Department through a diligent search as required by this section, (ii) manufactured for a model year at least six years prior to the current model year, and (iii) having a value of no more than $4,500 as determined by the provisions of this section, a bailee may, after showing proof that the vehicle has been in his continuous custody for at least 30 days, apply for and receive from the Department of Motor Vehicles title or a nonrepairable certificate to such vehicle, free of all liens and claims of ownership of others, and proceed to sell or otherwise dispose of the vehicle.

I. Notwithstanding any provisions to the contrary, a bailee shall comply with the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (the Act) when disposing of a vehicle owned by a member of the military on active duty or service. If the records of the Department show that the owner of the vehicle has indicated to the Department that he is on active military duty or service, such indicator shall be prima facie evidence that the vehicle is subject to the provisions of the Act. However, neither the presence nor absence of such indicator on the vehicle record shall absolve the bailee of his obligation to ascertain the owner's military service status, if any, in accordance with the Act.

J. All fees imposed and collected pursuant to this section shall be paid into the state treasury and set aside as a special, nonreverting fund to be used to meet the expenses of the Department.

K. Residents or businesses of other jurisdictions in possession of vehicles titled in the Commonwealth, or the authorized agents of such residents or businesses, seeking to enforce laws in those jurisdictions that are substantially similar to the enforcement of liens under §§ 46.2-644.01 and 46.2-644.02 may request information for such vehicles from the Department. The Department shall conduct the information search as provided for in subsection C, provide the names and addresses of the owner and lienholder, if any, for each vehicle to the requester, and notify the named owner and lienholder, if any, by first-class mail of the request. Such notification shall not replace any notification requirements imposed by the jurisdiction in which the requester and subject vehicle are located, nor shall the enforcement rules of this section apply to vehicles not located within the Commonwealth. If the Department finds that the vehicle is titled in another jurisdiction, the Department shall identify that jurisdiction to the requester with no further obligation to the requester or vehicle owner. The Department shall collect a $25 fee for such search.

2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2015, c. 640; 2016, c. 397; 2019, c. 560; 2021, Sp. Sess. I, c. 374.

§ 46.2-644.04. (Effective January 1, 2022) Relinquishment of liens acquired under §§ 46.2-644.01 and 46.2-644.02.

A. For purposes of this section, "bailee" means the same as that term is defined in § 46.2-644.03.

B. A bailee may relinquish a lien acquired under § 46.2-644.01 or 46.2-644.02, provided that (i) the Department has completed a vehicle record search pursuant to subsection C of § 46.2-644.03 and determined that no lien exists on the vehicle record, whether held by the Department or another state, and (ii) the vehicle owner has not reclaimed the vehicle as provided for in § 46.2-644.01 or 46.2-644.02. Such relinquishment shall permit the bailee to transfer possession of the vehicle to an unaffiliated tow truck driver, towing and recovery operator, or keeper of a garage, whose business is located within the same locality as the bailee.

C. Any lien relinquishment hereunder shall be reported to the Department by the bailee on a form and in a manner prescribed by the Commissioner within five business days of the transfer of possession of the vehicle. Such form shall include (i) the make, model, model year, and vehicle identification number of the vehicle; (ii) the name and address of the bailee; (iii) the name and address of the person or entity receiving the vehicle; and (iv) the date of transfer of possession.

Upon receipt of the relinquishment form, the Department shall note such relinquishment on the vehicle record and notify the owner by first-class mail at the last known address of record that the bailee has relinquished the lien and transferred possession of the vehicle. The Department shall collect a $5 administrative fee for this process from the bailee. Such fee shall be paid into the state treasury and set aside as a special, nonreverting fund to be used to meet the expenses of the Department.

D. Upon taking possession of a vehicle for which a lien has been relinquished pursuant to this section, a towing and recovery operator or keeper of a garage shall have a lien on the vehicle in accordance with § 46.2-644.01 and all enforcement provisions applicable to such lien shall remain in place. No other relinquishment may take place under this section for the same vehicle until the lien created under this subsection is enforced pursuant to this article and the vehicle titled to a new owner.

2021, Sp. Sess. I, c. 374.

Article 3. Registration of Vehicles.

§ 46.2-645. Registration of vehicles.

The Department shall file each motor vehicle registration application received and, when satisfied that the applicant is entitled to register the vehicle, shall register the vehicle.

Code 1950, § 46-52; 1952, c. 536; 1958, c. 541, § 46.1-54; 1989, c. 727.

§ 46.2-646. Expiration and renewal of registration.

A. Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring registration if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.

B. All motor vehicles, trailers, and semitrailers registered in the Commonwealth shall, at the discretion of the Commissioner, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the 12 months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for a period of 12 months. The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.

C. The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for (i) those registered under the International Registration Plan and (ii) those registered as uninsured motor vehicles. When this option is offered and chosen by the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.

D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date.

E. No law-enforcement officer shall stop a motor vehicle due to an expired registration sticker prior to the first day of the fourth month after the original expiration date. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.

Code 1950, § 46-62; 1958, c. 541, § 46.1-63; 1972, c. 609; 1974, c. 170; 1988, cc. 701, 704; 1989, c. 727; 2013, c. 337; 2019, cc. 14, 57; 2020, Sp. Sess. I, cc. 45, 51.

§ 46.2-646.1. Deactivation and reactivation of registration; fees.

A. The owner of a motor vehicle that has been registered in the Commonwealth may apply to the Commissioner to deactivate the registration of such vehicle. The owner of a motor vehicle who has voluntarily deactivated the vehicle's registration pursuant to this section shall not be required, with respect to such vehicle, to carry bodily injury liability insurance or property damage insurance, or to pay the uninsured motor vehicle fee as provided under § 46.2-706.

It shall be unlawful to operate any motor vehicle whose registration has been deactivated on any highway in the Commonwealth.

B. Any person having a motor vehicle for which registration has been deactivated under subsection A may apply to the Commissioner to reactivate the registration of such vehicle. Every applicant for reactivation of registration shall furnish the Commissioner with such evidence as is required under § 46.2-649 and shall either (i) execute and furnish to the Commissioner his certificate that the motor vehicle for which registration is to be reactivated is an insured motor vehicle as defined in § 46.2-705, or that the Commissioner has issued to its owner, in accordance with § 46.2-368, a certificate of self-insurance applicable to the vehicle or (ii) pay the uninsured motor vehicle fee required by § 46.2-706, which shall be disposed of as provided by § 46.2-710. The fee to be paid to the Department for the reactivation of a motor vehicle's registration shall be $10 unless the vehicle's registration has expired or the vehicle is registered under the International Registration Plan.

2013, cc. 673, 789.

§ 46.2-646.2. Registration extension for satisfaction of certain requirements.

A. Upon request by an applicant, the Commissioner may grant a one-month extension of the registration period of a vehicle if the vehicle registration has been withheld pursuant to § 33.2-503, 46.2-752, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, or 46.2-1183 and the current registration period will expire within the calendar month. No extension may be granted for an expired vehicle registration, and only one extension may be granted for any one vehicle registration period.

B. For each extension granted, the Commissioner shall collect (i) a $10 administrative fee and (ii) a fee sufficient for a one-month registration period for the vehicle, as calculated under subsection B of § 46.2-694. On receipt of such fees, the Commissioner shall issue a registration card and, if applicable, decals indicating the month of expiration of the vehicle registration. Upon satisfying the requirements for which the vehicle registration has been withheld, the applicant may elect to renew the vehicle registration. For such renewal, the Commissioner shall collect the appropriate registration renewal fee and issue a registration card and, if applicable, decals. The renewal shall take effect on the first day succeeding the month in which the registration extension expires. When offered by the Commissioner, the applicant may elect to renew the vehicle registration for multiple years, pursuant to § 46.2-646.

C. All administrative fees imposed and collected by the Commissioner under this section shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

2018, cc. 286, 288.

§ 46.2-647. Grace period for replacement of license plates or decals and renewal of registrations.

The Commissioner may, on finding either that the Department is unable to efficiently handle the replacement of license plates or decals or the renewal of registrations scheduled to expire during a specific month, or that persons seeking to secure license plates, decals, or registration renewals are, as a group, unable to do so without being substantially inconvenienced, declare a grace period for the replacement of license plates or decals and the renewal of registrations. The declaration of a grace period shall have the effect of postponing the expiration of those license plates, decals, and registrations scheduled to expire on the last day of that month to the fifteenth day of the succeeding month.

1975, c. 17, § 46.1-63.1; 1989, c. 727.

§ 46.2-648. Registration of logging vehicles.

On receipt of an application on a form prescribed by him, the Commissioner shall register in a separate category trucks, tractor trucks, trailers, and semitrailers used exclusively in connection with logging operations. For the purposes of this section, the term "logging" shall mean the harvesting of timber and transportation from forested sites to places of sale.

Fees for the registration of vehicles under this section shall be the same as those ordinarily charged for the type of vehicle being registered.

1985, c. 185, § 46.1-105.12; 1989, c. 727.

§ 46.2-648.1. Optional registration of tow dolly and converter gear.

The Department may, upon request, register any tow dolly or converter gear as defined in § 46.2-1119. For the purpose of determining the applicable fee for any such registration, the tow dolly or converter gear shall be considered a trailer and the registration fee determined in accordance with § 46.2-694.1. The fee for reserved numbers or letters on license plates for any tow dolly or converter gear shall be determined in accordance with § 46.2-726.

1999, c. 593.

§ 46.2-649. Certain vehicles required to show evidence of payment of taxes and of registration or exemption from registration with Department of Motor Vehicles.

A. Before the Commissioner registers or reregisters any motor vehicle, trailer, or semitrailer under § 46.2-697, 46.2-698, 46.2-700, or 46.2-703, the applicant shall furnish evidence satisfactory to the Commissioner that all state, local, and federal taxes levied on that motor vehicle, trailer, or semitrailer have been paid and that the motor vehicle, trailer, or semitrailer either (i) is registered with the Department as required by law, or (ii) is not required so to register.

B. The Commissioner, in consultation with local commissioners of the revenue and directors of finance, and with appropriate federal officials, shall provide for the kinds of evidence required to satisfy the provisions of subsection A.

C. The provisions of this section shall not apply to (i) pickup trucks, (ii) panel trucks, or (iii) trucks having a registered gross weight less than 33,000 pounds.

D. The State Corporation Commission may notify the Department that a motor carrier (i) has not filed an annual report as required by § 58.1-2654 or (ii) has not paid taxes due as required by the State Corporation Commission. Upon receiving the notice, the Department shall not register or reregister motor vehicles, trailers, or semitrailers owned by the motor carrier until such requirements have been met.

1983, c. 515, § 46.1-153.1; 1989, c. 727; 1997, c. 283; 2002, c. 47; 2013, c. 226.

§ 46.2-649.1. Registration of tow trucks; fees.

A. No tow truck registered under this section shall be subject to registration under the international registration plan or subject to any other state registration requirements under this chapter. Registration under this section shall not prohibit the use of "rollbacks" to transport storage sheds, similar structures, or other cargoes.

B. Vehicles registered under this section shall be subject to the following annual fees, based upon their manufacturer's gross vehicle weight ratings:

a

less than 15,000 pounds

$100

b

15,000 to 22,999 pounds

$200

c

23,000 to 29,499 pounds

$300

d

more than 29,499 pounds

$400

C. No vehicle shall be registered under this section unless there is in force as to such vehicle at the time of its registration commercial liability insurance coverage for those classes of insurance defined in §§ 38.2-117 and 38.2-118 in the amount of at least $750,000.

1993, c. 120; 2006, cc. 874, 891.

§ 46.2-649.1:1. Registration of vehicles owned and used by volunteer fire departments or volunteer, commercial, or private emergency medical services agencies.

Upon application therefor, the Commissioner shall register and issue permanent license plates without year or month decals for display on any (i) firefighting truck, trailer, and semitrailer on which firefighting apparatus is permanently attached when any such vehicle is owned or under exclusive control of a volunteer fire department; (ii) emergency medical services vehicle or other vehicle owned or used exclusively by a volunteer fire department or volunteer emergency medical services agency if any such vehicle is used exclusively as an emergency medical services vehicle and is not rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the organization for the use of the vehicle; or (iii) emergency medical services vehicle owned or under exclusive control of a commercial or privately owned emergency medical services agency, as defined in § 32.1-111.1, if any such vehicle is not rented, leased, or lent to any private individual, firm, or corporation that is not another emergency medical services agency. The equipment shall be painted a distinguishing color and conspicuously display in letters and figures not less than three inches in height the identity of the emergency medical services agency, volunteer fire department, or volunteer emergency medical services agency having control of its operation.

No fee shall be charged for any vehicle registration or license plate issuance under clause (i) or (ii). The fees charged for vehicle registration under clause (iii) shall be as provided in § 46.2-694.

1999, c. 329; 2015, cc. 502, 503; 2016, cc. 125, 133.

§ 46.2-649.2. Certain vehicles to comply with clean alternative fuel fleet standards prior to registration; penalty.

The Commissioner shall not register a motor vehicle subject to § 46.2-1179.1 which does not comply with the requirements of that section. Upon a determination that a motor vehicle is exempt from the requirements of § 46.2-1179.1, it shall forever be exempt, and the exemption shall be noted on its title. Whoever, through fraud or misrepresentation, procures or attempts to procure the registration of a motor vehicle in violation of the provisions of this section shall be guilty of a Class 1 misdemeanor.

1993, cc. 234, 571.

§ 46.2-649.3. Registration of covered farm vehicles.

A. For the purposes of this section, a covered farm vehicle shall be registered pursuant to the provisions of § 46.2-698.

B. As defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R. Part 390.5), a "covered farm vehicle" means a straight truck or articulated vehicle that is:

1. a. Registered in Virginia pursuant to the provisions of § 46.2-698; or

b. Registered in another state with a license plate or other designation issued by the state of registration that allows law enforcement to identify it as a farm vehicle;

2. Operated by the owner or operator of a farm or ranch or by an employee or family member of an owner or operator of a farm or ranch;

3. Used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch;

4. Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of subdivisions 1, 2, and 3 by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement; and

5. Not used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 U.S.C. § 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R., subtitle B, chapter I, subchapter C.

C. A straight truck or articulated vehicle meeting the requirements of subsection B and having (i) a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions provided in § 46.2-649.4 without mileage limitations or (ii) a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,001 pounds may utilize the exemptions defined in § 46.2-649.4 anywhere in the Commonwealth or across state lines within 150 air miles (176.2 miles) of the farm or ranch with respect to which the vehicle is being operated.

D. For the purposes of this section, "agricultural commodities" means any horticultural plants and crops, cultivated plants and crops, poultry, dairy, and farm products, livestock and livestock products, and products derived from bees and beekeeping, primarily for sale, consumption, propagation, or other use by man or animals.

2015, c. 258.

§ 46.2-649.4. Covered farm vehicles; exemptions.

A covered farm vehicle as defined in § 46.2-649.3, including the operator of that vehicle, is exempt from the following:

1. Any requirement relating to commercial driver's licenses in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 383;

2. Any requirement relating to controlled substances and alcohol use and testing in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 382;

3. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 391, Subpart E, Physical Qualifications and Examinations;

4. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 395, Hours of Service of Drivers; and

5. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 396, Inspection, Repair, and Maintenance.

2015, c. 258.

Article 4. Temporary Registration.

§ 46.2-650. Temporary permits or duplicate applications.

The Department may promulgate regulations providing that on application for a certificate of title and registration of a vehicle, either new or after a transfer, the vehicle may be operated on the highway under (i) a temporary permit issued by the Department or (ii) a duplicate application carried in the vehicle.

Code 1950, § 46-43; 1958, c. 541, § 46.1-42; 1989, c. 727.

§ 46.2-651. Trip permits; regulations; fees.

A. The Department may, on application on forms provided by the Department, issue a trip permit to any owner of a motor vehicle, trailer, or semitrailer which would otherwise be subject to registration plates but is not currently registered. If the vehicle operating under the permit is a vehicle designed as a property-carrying vehicle, it shall be unladen at the time of operation under the permit. The permit shall be valid for three days and shall show the registration or permit number, the date of issue, the date of expiration, the make of vehicle, the vehicle identification number, the beginning point and the point of destination. The fee for the permit shall be five dollars.

B. For vehicles to be purchased by a Virginia resident and registered in Virginia, the Department shall issue to the prospective purchaser, upon his application therefor, trip permits as provided in subsection A of this section, except that permits issued under this subsection shall not be valid unless and until the prospective purchaser receives an original bill of sale pertaining to the vehicle purchased. Permits issued under this subsection shall be valid for three days, beginning on the date of the original bill of sale, and shall be kept with the original bill of sale in the purchased vehicle at all times during the trip until the vehicle is properly registered with the Department. The Commissioner may charge a reasonable fee, adequate to recover the Department's costs, for the issuance of permits under this subsection, and may promulgate such regulations as he deems necessary or convenient in carrying out the provisions of this subsection.

1974, c. 215, § 46.1-42.1; 1976, c. 59; 1989, c. 727; 2000, c. 144; 2001, c. 192.

§ 46.2-652. Temporary registration or permit for oversize vehicles; fees.

The Commissioner may grant a temporary registration or permit for the operation of a vehicle or equipment that cannot be licensed because the vehicle, excluding any load thereon, exceeds statutory size limits on the highways in the Commonwealth from one point to another within the Commonwealth, or from the Commonwealth to a point or points outside the Commonwealth, or from outside the Commonwealth to a point or points within the Commonwealth. Any temporary registration or permit issued under this section shall show the registration or permit number, the date of issue, the date of expiration, the vehicle to which it refers, and the route to be traveled or other restrictions and shall be carried in the vehicle.

For a single-trip temporary registration or permit issued under this section, the applicant shall pay a fee of 10 cents ($0.10) per mile for every mile to be traveled, in addition to any administrative fee required by the Department. In lieu of a single-trip permit, an annual multi-trip permit may be issued for a fee of $40, in addition to any administrative fee required by the Department.

For any vehicle that is both overweight and oversize, the permit fees under § 46.2-652.1 shall apply.

Code 1950, § 46-44; 1958, c. 541, § 46.1-43; 1962, c. 535; 1989, c. 727; 1997, c. 283; 2003, c. 314; 2012, c. 443.

§ 46.2-652.1. Temporary registration or permit for overweight vehicles; fees.

A. The Commissioner may grant a temporary registration or permit for the operation of (i) a vehicle or equipment that cannot be licensed because the vehicle, excluding any load thereon, is overweight or (ii) a licensed vehicle that exceeds statutory weight limits on the highways in the Commonwealth from one point to another within the Commonwealth, or from the Commonwealth to a point or points outside the Commonwealth, or from outside the Commonwealth to a point or points within the Commonwealth. Any temporary registration or permit issued under this section shall show the registration or permit number, the date of issue, the date of expiration, the vehicle to which it refers, and the route to be traveled or other restrictions and shall be carried in the vehicle.

B. For a single-trip temporary registration or permit issued under this section, the applicant shall pay (i) a fee of 30 cents ($0.30) per mile for every mile to be traveled, to be allocated as follows: (a) 20 cents ($0.20) per mile deposited into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530 to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (b) 10 cents ($0.10) per mile to the Department and (ii) one of the following fees, depending on gross weight:

1. For a single-trip overweight permit issued for gross weights of 115,000 pounds or less, a $20 administrative fee to the Department, plus, if needed, an additional $10 to cover extra research and analysis;

2. For a single-trip overweight permit issued for gross weights of 115,001 to 150,000 pounds, a fee of $80, to be allocated as follows: (i) $50 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $30 administrative fee to the Department;

3. For a single-trip overweight permit issued for gross weights of 150,001 to 200,000 pounds, a fee of $190, to be allocated as follows: (i) $160 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $30 administrative fee to the Department;

4. For a single-trip overweight permit issued for gross weights of 200,001 to 500,000 pounds, a fee of $280, to be allocated as follows: (i) $250 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $30 administrative fee to the Department; or

5. For a single-trip overweight permit issued for gross weights in excess of 500,000 pounds, a fee of $1,450, to be allocated as follows: (i) $1,420 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) a $30 administrative fee to the Department.

C. In lieu of a single-trip permit, an annual multi-trip overweight permit may be issued for the following fee:

1. For an annual multi-trip overweight permit issued for gross weights of 115,000 pounds and below, a fee of $500, to be allocated as follows: (i) $360 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) $140 to the Department; or

2. For an annual multi-trip overweight permit issued for gross weights in excess of 115,000 pounds, a fee of $560, to be allocated as follows: (i) $420 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) $140 to the Department.

D. In lieu of an annual permit, a three-month overweight permit may be issued for a fee of $220, to be allocated as follows: (i) $110 deposited into the Highway Maintenance and Operating Fund to be used to assist in funding needed highway pavement and bridge maintenance and rehabilitation and (ii) $110 to the Department.

E. For any vehicle that is both overweight and oversize, the permit fees under this section shall apply.

2012, c. 443.

§ 46.2-653. Temporary registration or permit for transportation of manufactured homes exceeding the size permitted by law.

The Commissioner may grant a temporary registration or permit for the transportation of manufactured homes, which exceed the size permitted by law, on the highways in the Commonwealth from one point to another within the Commonwealth, or from the Commonwealth to a point or points outside the Commonwealth, or from outside the Commonwealth to a point or points within the Commonwealth. Such temporary registration or permit shall show the registration or permit number, the date of issue, the date of expiration, and the route to be traveled or other restrictions and shall be displayed in a prominent place on the vehicle. The owner of every manufactured home of this sort purchased in the Commonwealth for use within the Commonwealth or brought into the Commonwealth for use within the Commonwealth shall apply within 30 days to the Department for title in the name of the owner. This requirement shall not apply to inventory held by licensed Virginia dealers for the purpose of resale.

The authorities in cities and towns regulating the movement of traffic may prescribe the route or routes over which these manufactured homes may be transported, and no manufactured home of this sort shall be transported through any city or town except along a prescribed route or routes.

For each temporary single-trip registration or permit issued hereunder, the applicant shall pay a fee of $1, in addition to any administrative fee required by the Department. In lieu of a single-trip permit, an annual multi-trip permit may be issued for a fee of $40, in addition to any administrative fee required by the Department.

No permit, as provided in this section, shall be issued covering any manufactured home that is subject to a license plate.

Code 1950, § 46-44.1; 1956, c. 85; 1958, c. 541, § 46.1-44; 1973, c. 207; 1977, c. 587; 1989, c. 727; 1997, c. 283; 1999, c. 77; 2003, c. 314; 2006, c. 202; 2008, c. 178; 2014, c. 624.

§ 46.2-653.1. Conversion of manufactured home to real property.

A. After a manufactured home has been titled in the Commonwealth and at such time as the wheels and other equipment previously used for mobility have been removed and the unit has been attached to real property owned by the manufactured home owner, the owner may convert the home to real property in accordance with the provisions of subsection B. Except as provided in §§ 58.1-3219.5 and 58.1-3219.9, and for the purposes stated in §§ 58.1-3219.5 and 58.1-3219.9, the provisions of this section constitute the only manner by which a manufactured home owner may convert a manufactured home to real property.

B. A manufactured home owner who wishes to convert the home to real property shall submit a sworn affidavit to the Department that the wheels and other equipment previously used for mobility have been removed from the manufactured home and the unit has been attached to real property owned by the manufactured home owner.

The affidavit must be in a form approved by the Commissioner. Upon compliance by the owner with the procedure for surrender of title, the Department shall rescind and cancel the Virginia title. The Department shall not cancel the title if a security interest has been recorded on the title and not released by the secured party. After canceling the title, the Department shall provide written confirmation to the owner that the title has been surrendered and has been canceled by the Department.

Upon receipt of confirmation that the title has been surrendered and has been canceled by the Department, the owner shall file a sworn affidavit of affixation with the circuit court of the locality where the real property is located. The affidavit shall include all of the following information:

1. The manufacturer and, if applicable, the model name of the manufactured home.

2. The vehicle identification number and serial number of the manufactured home.

3. The legal description of the real property on which the manufactured home is placed, including the property address, stating that the owner of the manufactured home also owns the real property.

4. Certification that there are no security interests in the manufactured home that have not been released by the secured party.

5. The homeowner's statement that the title has been surrendered and has been canceled by the Department and that the home is intended to be a permanent fixture and improvement to the land, to the same extent as any site-built home, and assessed and taxed with the land as real property.

In addition, a copy of the confirmation provided by the Department that the title has been surrendered and canceled by the Department shall be attached to and filed with the affidavit.

Upon filing the affidavit of affixation, the manufactured home shall then be deemed to be real estate and shall thereafter be conveyed and encumbered only as real estate is conveyed and encumbered, except when the home is thereafter physically severed from the real property and a new title issued in accordance with subsection C.

A security interest in a manufactured home is perfected against the rights of judicial lien creditors, execution creditors, and purchasers for value on and after the date such security interest attaches. The Commissioner shall have prepared a list of all titles canceled pursuant to this section and furnish it, in conjunction with the reports submitted pursuant to § 46.2-210, to the commissioner of the revenue of each county and city without cost.

C. If the owner of a manufactured home whose certificate of title has been canceled under this section subsequently seeks to sever the manufactured home from the real property, the owner may apply for a new certificate of title in accordance with the provisions of this section.

1. The owner shall file with the circuit court where the real property is located an affidavit that includes or provides for all of the following information:

a. The manufacturer and, if applicable, the model name of the manufactured home.

b. The vehicle identification number and serial number of the manufactured home.

c. The legal description of the real property on which the manufactured home is or was placed, stating that the owner of the manufactured home also owns the real property.

d. Certification that there are no security interests in the manufactured home that have not been released by the secured party.

e. The homeowner's statement that the home has been or will be physically severed from the real property.

2. The owner must submit the following to the Department:

a. A copy of the affidavit filed in accordance with subdivision C 1.

b. Verification that the manufactured home has been severed from the real property. Confirmation of severance by the commissioner of the revenue where the real property is located shall constitute acceptable evidence that the unit has been severed from the real property.

Upon receipt of the information required in subdivision C 2, together with a title application and required fee, the Department is authorized to issue a new title for the manufactured home. The initial title issued under the provisions of this subsection shall contain no security interests, provided however, that nothing contained herein shall be construed to prevent a subsequent security interest from being recorded on the title.

2014, c. 624; 2016, cc. 349, 393.

§ 46.2-654. Issuance of temporary registration certificates by motor vehicle auctions.

In addition to the provisions of § 46.2-1542, businesses licensed by the Department to conduct sales of motor vehicles by auction may issue to persons who purchase motor vehicles through auctions conducted by these businesses temporary certificates of registration.

Issuance of certificates under this section shall be subject to regulations promulgated by the Commissioner.

1988, c. 739, § 46.1-90.2; 1989, c. 727.

§ 46.2-654.1. Temporary registration issued for purchasers of motor vehicles from motor vehicle dealers who are no longer engaged in business and title is held by person other than dealer.

The Department may issue a temporary registration to any purchaser of a motor vehicle who is unable to obtain the title for such vehicle because the motor vehicle dealer who sold the vehicle to the purchaser is no longer engaged in business in the Commonwealth as a dealer as defined in § 46.2-1500 and the title is held by a person other than such dealer.

2012, c. 119; 2015, c. 615.

§ 46.2-654.2. Temporary registration of fleet vehicles; penalty.

A. For purposes of this section, "fleet logistics provider" means an entity that transports, services, titles, and registers non-owned fleet vehicles in the normal course of business.

B. The Department may issue a temporary registration to a fleet logistics provider if:

1. Application for temporary registration is made by the fleet logistics provider acting as duly authorized attorney-in-fact for the title owner;

2. The fleet logistics provider is registered to conduct business in Virginia;

3. The fleet logistics provider has or will have custody and control of the vehicle at the time the temporary registration becomes effective;

4. The fleet logistics provider or title owner has submitted to the appropriate authority the information necessary to title or register the vehicle in the Commonwealth or another state prior to the expiration of the temporary registration and the vehicle was not temporarily registered during the period immediately preceding the application for temporary registration;

5. The title owner prior to the temporary registration will remain the title owner when the vehicle is titled and registered in the Commonwealth or another state;

6. The vehicle is an insured motor vehicle as defined in § 46.2-705;

7. The fleet logistics provider has entered into an agreement with the Department to use the print-on-demand program described in this section; and

8. The fleet logistics provider has paid applicable fees for the temporary registration authorized by this section.

C. The Department shall develop and implement procedures and requirements necessary for delivery of temporary license plates to a fleet logistics provider using print-on-demand technology.

D. The following provisions apply to the use of print-on-demand technology by a fleet logistics provider:

1. A fleet logistics provider obtaining temporary registration pursuant to this section shall be required to purchase only print-on-demand temporary license plates.

2. Every fleet logistics provider that has applied for temporary license plates shall maintain a permanent record of all temporary license plates applied for and any other information pertaining to the receipt of temporary license plates that may be required by the Department.

3. No fleet logistics provider shall request a temporary license plate except on written application through the print-on-demand program.

4. No fleet logistics provider shall permit temporary license plates to be used on any vehicle other than that identified in the application for temporary registration.

5. It shall be unlawful for any fleet logistics provider to make a deliberate misrepresentation on a request for temporary license plates or to knowingly submit a request with false information.

6. Each temporary license plate issued pursuant to this section shall display on its face the name of the party using the print-on-demand system, the date of issuance and expiration, and the make and identification number of the vehicle for which it is issued.

7. The Commissioner may suspend the right of a fleet logistics provider to request temporary license plates if the Commissioner determines that the provisions of this chapter or the directions of the Department are not being complied with by such fleet logistics provider.

8. Every fleet logistics provider to whom temporary license plates have been issued shall destroy such plates on the thirtieth day after request or immediately on receipt of the permanent license plates from the Department or another jurisdiction, whichever occurs first.

9. Temporary license plates shall expire on receipt of the permanent license plates from the Department or another jurisdiction, or 30 days after issuance, whichever occurs first. No refund or credit of fees paid by a fleet logistics provider to the Department for temporary license plates shall be issued.

E. The Department is authorized to charge a reasonable fee for the temporary registration applied for under this section, and any fees collected by the Department pursuant to this section shall be transferred to a special fund in the state treasury used to meet the expenses of the Department.

F. Any person violating any of the provisions of subsection D of this section is guilty of a Class 1 misdemeanor. Any summons issued for any violation of this section relating to use or misuse of temporary license plates shall be served (i) upon the fleet logistics provider to whom the plates were issued or to the person expressly permitting the unlawful use or (ii) upon the operator of the motor vehicle if the plates are used contrary to the use authorized pursuant to this section.

2018, c. 355.

Article 5. Reciprocity for Nonresidents.

§ 46.2-655. Reciprocity required.

The privileges extended under this article to nonresident owners of foreign motor vehicles, trailers, and semitrailers operated in the Commonwealth are extended only on condition that the same privileges are granted by the state of the United States or foreign country wherein such nonresident owners are residents to residents of the Commonwealth operating motor vehicles, trailers, or semitrailers in such state of the United States or foreign country.

Code 1950, § 46-110; 1958, c. 541, § 46.1-131; 1989, c. 727.

§ 46.2-656. Nonresident may operate temporarily without registration.

Except as otherwise provided in this article, a nonresident owner of a passenger car which has been registered for the current calendar year in the state or country of which the owner is a resident and which at all times when operated in the Commonwealth displays the license plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such passenger car within or partly within this Commonwealth for a period of six months without registering the passenger car or paying any fees to the Commonwealth. If, however, at the expiration of such six months the passenger car is still in the Commonwealth, its owner shall apply for registration of the vehicle and shall pay a fee for such registration based on the time operation of the vehicle in the Commonwealth commenced.

Code 1950, § 46-111; 1958, c. 541, § 46.1-132; 1989, c. 727.

§ 46.2-657. When registration by nonresident not required.

Notwithstanding other provisions of this article, any nonresident from a state that does not require the registration of a vehicle like that owned by such nonresident when such vehicle is owned and operated by a resident of Virginia in the state in which the foreign vehicle owned or operated by such nonresident is registered, shall not be required to register such vehicle in the Commonwealth. This section, however, shall not permit the operation of any truck, trailer, or semitrailer the weight, length, width, or height of which vehicle or combination of vehicles is in violation of the provisions of this title or at a speed in violation of this title; nor shall the privileges provided in this section apply to common carriers or passenger cars.

Code 1950, § 46-116; 1958, c. 541, § 46.1-133; 1989, c. 727.

§ 46.2-658. Regular operation other than for pleasure.

Except as provided in § 46.2-657, a nonresident owner of a foreign motor vehicle, trailer, or semitrailer which is regularly operated in the Commonwealth, or from a point or points outside the Commonwealth to a point or points within the Commonwealth, or from a point or points within the Commonwealth to a point or points outside the Commonwealth, or through the Commonwealth, for purposes other than purposes of pleasure, shall, unless otherwise provided in this chapter, register such vehicle and pay the same fees therefor as are required with reference to like vehicles owned by residents of the Commonwealth. Any owner who operates or permits to be operated one or more of these vehicles either simultaneously or alternately as often as four times in any one month shall be considered to be regularly operating them in the Commonwealth.

Code 1950, § 46-117; 1958, c. 541, § 46.1-134; 1989, c. 727.

§ 46.2-659. Repealed.

Repealed by Acts 1997, c. 283.

§ 46.2-660. Operating vehicles in business in Commonwealth.

Every nonresident, including any foreign corporation, conducting business in the Commonwealth and owning and regularly operating in such business any motor vehicle, trailer, or semitrailer in the Commonwealth shall be required to register the vehicle and pay the same fees required for registration of similar vehicles owned by residents of the Commonwealth.

Code 1950, § 46-121; 1958, c. 541, § 46.1-136; 1989, c. 727.

§ 46.2-661. Extension of reciprocal privileges.

Notwithstanding the other provisions of this chapter, the Commissioner, with the consent of the Governor, may extend to the owners of foreign vehicles operated in the Commonwealth the same privileges which are granted by the state of the United States or foreign country wherein the owners of the foreign vehicles are residents to residents of this Commonwealth operating vehicles in such state of the United States or foreign country.

Code 1950, § 46-122; 1958, c. 541, § 46.1-137; 1989, c. 727.

Article 6. Exemptions from Registration.

§ 46.2-662. Temporary exemption for new resident operating vehicle registered in another state or country.

A. A resident owner of any passenger car, pickup or panel truck, moped, autocycle, or motorcycle, other than those provided for in § 46.2-652, that has been duly registered for the current calendar year in another state or country and that at all times when operated in the Commonwealth displays the license plate or plates issued for the vehicle in the other state or country, may operate or permit the operation of the passenger car, pickup or panel truck, moped, autocycle, or motorcycle within or partly within the Commonwealth for the first 30 days of his residency in the Commonwealth without registering the passenger car, pickup or panel truck, moped, autocycle, or motorcycle or paying any fees to the Commonwealth.

B. In addition to any penalty authorized under this title, any locality may adopt an ordinance imposing a penalty of up to $250 upon the resident owner of any motor vehicle that, following the end of the 30-day period provided in subsection A, is required to be registered in Virginia but has not been so registered. The locality may impose the penalty upon the resident owner annually for as long as the motor vehicle remains unregistered in Virginia. The ordinance shall set forth a reasonable method for assessing and collecting the penalty, whether by civil, criminal, or administrative process, and shall identify the employees or agents of the locality who are to execute such assessment and collection.

1976, c. 17, § 46.1-41.1; 1980, c. 53; 1989, c. 727; 2013, cc. 347, 783; 2014, cc. 53, 256; 2016, c. 131.

§ 46.2-663. Backhoes.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any backhoe operated on any highway for a distance of no more than twenty miles from its operating base.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-664. Vehicles used for spraying fruit trees and other plants.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any vehicle on which is securely attached a machine for spraying fruit trees and other plants of the owner or lessee of the truck.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-665. Vehicles used for agricultural or horticultural purposes.

A. No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner.

B. This exemption shall only apply to (i) pickup or panel trucks, (ii) sport utility vehicles, (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (iv) trailers and semitrailers that are not operated on or over any public highway in the Commonwealth for any purpose other than:

1. Crossing a highway;

2. Operating along a highway for a distance of no more than 75 miles from one part of the owner's land to another, irrespective of whether the tracts adjoin;

3. Taking the vehicle or attached fixtures to and from a repair shop for repairs;

4. Taking another vehicle exempt from registration under any provision of §§ 46.2-664 through 46.2-668 or 46.2-672, or any part or subcomponent of such a vehicle, to or from a repair shop for repairs, including return trips;

5. Operating along a highway to and from a refuse disposal facility for the purpose of disposing of trash and garbage generated on a farm;

6. Operating along a highway for a distance of no more than 75 miles for the purpose of obtaining supplies for agricultural or horticultural purposes, seeds, fertilizers, chemicals, or animal feed and returning; or

7. Transporting the vehicle's owner between his residence and the lands being used for agricultural or horticultural purposes.

C. Any law-enforcement officer may require any person operating a vehicle, trailer, or semitrailer and claiming the exemption provided pursuant to this section to provide, upon request, the address of the lands owned or leased by the vehicle's owner for agricultural or horticultural purposes and the address of the residence address of the vehicle's owner. If such address is unavailable or unknown, the law-enforcement officer may require such person to provide the real property parcel identification number of such lands.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 1994, c. 253; 2000, c. 318; 2001, c. 327; 2010, c. 293; 2012, c. 174; 2013, c. 776; 2016, c. 142; 2017, c. 538; 2020, c. 781.

§ 46.2-666. Vehicles used for seasonal transportation of farm produce and livestock.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee prescribed for any motor vehicle, trailer, or semitrailer owned by the owner or lessee of a farm and used by him on a seasonal basis in transporting farm produce and livestock along public highways for a distance of no more than 75 miles including the distance to the nearest storage house, packing plant, or market. The provisions of this section shall only apply to (i) pickup or panel trucks, (ii) sport utility vehicles, (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (iv) trailers and semitrailers. Any law-enforcement officer may require any person operating a vehicle, trailer, or semitrailer and claiming the exemption provided pursuant to this section to provide, upon request, the address of the farm owned or leased by the vehicle's owner. If such address is unavailable or unknown, the law-enforcement officer may require such person to provide the real property parcel identification number of such lands.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 1995, c. 126; 1998, c. 323; 2010, c. 293; 2012, c. 174; 2013, c. 776; 2016, c. 142; 2017, c. 538.

§ 46.2-667. Farm machinery and tractors.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 1996, c. 55; 2000, c. 318; 2016, c. 142.

§ 46.2-668. Vehicles validly registered in other states and used in conjunction with harvesting operations.

A. No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer which is validly registered in another state and bears valid license plates issued by that state when the use of the vehicle has been contracted for by the owner or lessee of a farm as an incidental part of the harvesting of a crop from his farm. This exemption shall only be valid while the vehicle is engaged principally in transporting farm produce from the farm:

1. As an incidental part of harvesting operations;

2. Along a public highway for a distance of not more than 20 miles to a storage house, packing plant, market, or transportation terminal;

3. When the use is a seasonal operation; and

4. When the owner of the vehicle has secured from the Commissioner an exemption permit for each vehicle.

B. The Commissioner, upon receipt of an application certifying that a vehicle is entitled to the exemption set forth in this subsection and, if the vehicle is a qualified highway vehicle under § 58.1-2700, payment of $150, shall issue an exemption permit on a form prescribed by him. The exemption permit shall be carried at all times by the operator of the vehicle for which it is issued or displayed in a conspicuous place on the vehicle. The exemption permit shall be valid for a period of 90 days from date of issue and shall be renewable by the procedure set forth in the foregoing provisions of this section.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2003, c. 896; 2011, cc. 881, 889; 2016, c. 142.

§ 46.2-669. Tractors and similar vehicles owned by sawmill operators.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any tractor, trailer, log cart, or similar vehicle owned by a sawmill operator when the vehicle is operated or moved:

1. Along a highway from one sawmill or sawmill site to another;

2. To or from a repair shop for repairs; or

3. Across a highway from one contiguous tract of land to another.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-670. Vehicles owned by farmers and used to transport certain wood products.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer owned by a farm owner when the vehicle is operated or moved along a highway for no more than 75 miles between a sawmill or sawmill site and his farm to transport sawdust, wood shavings, slab wood, and other wood wastes. The provisions of this section shall only apply to (i) pickup or panel trucks, (ii) sport utility vehicles, (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (iv) trailers and semitrailers. Any law-enforcement officer may require any person operating a vehicle, trailer, or semitrailer and claiming the exemption provided pursuant to this section to provide, upon request, the address of the farm owned by the vehicle's owner. If such address is unavailable or unknown, the law-enforcement officer may require such person to provide the real property parcel identification number of such lands.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2010, c. 293; 2012, c. 174; 2013, c. 776; 2016, c. 142; 2017, c. 538.

§ 46.2-670.1. Vehicles owned by maritime cargo terminal operators.

No person shall be required to obtain the registration certificate, certificate of title, license plates, or decals for or to pay a registration fee for any motor vehicle owned or leased by a maritime cargo terminal owner or operator and used to transport a seagoing container and operated along a highway on a route of no more than one mile approved by the Department.

2016, c. 379.

§ 46.2-671. Vehicles used at mines.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle, trailer, or semitrailer used at mines when operated on the highway for no more than twenty miles between mines or to or from a repair shop for repairs.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-672. Certain vehicles transporting fertilizer, cotton, or peanuts.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle or trailer, semitrailer, or fertilizer spreader drawn by a farm tractor used by a farmer, his tenant, agent or employee or a cotton ginner, peanut buyer, or fertilizer distributor to transport unginned cotton, peanuts, or fertilizer owned by the farmer, cotton ginner, peanut buyer, or fertilizer distributor from one farm to another, from farm to gin, from farm to dryer, from farm to market, or from fertilizer distributor to farm and on return to the distributor.

The provisions of this section shall not apply to vehicles operated on a for-hire basis.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-673. Return trips of exempted farm vehicles.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any farm vehicle exempted from registration under the provisions of this article when that vehicle is:

1. Making a return trip from any marketplace;

2. Transporting back to a farm ordinary and essential food and other products for home and farm use; or

3. Transporting supplies to the farm.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 2016, c. 142.

§ 46.2-674. Vehicles used by commercial fishermen.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle, trailer, boat trailer, or semitrailer, or any combination thereof not having a gross vehicle weight exceeding 12,000 pounds used by commercial fishermen, their agents, or employees for the purpose of:

1. Transporting boats or other equipment used in commercial fishing no more than 50 miles between his place of residence or business and the waters within the territorial limits of the Commonwealth or the adjacent marginal seas;

2. Any return trip to his place of residence or business; or

3. Transporting harvested seafood no more than 50 miles between the place where the seafood is first brought ashore and the transporter's place of business or the location of the seafood's first point of sale.

Code 1950, § 46-45; 1950, p. 693; 1952, c. 498; 1956, cc. 292, 568; 1958, c. 541, § 46.1-45; 1962, cc. 214, 535; 1964, c. 611; 1966, c. 654; 1968, c. 46; 1970, c. 192; 1972, c. 609; 1973, c. 495; 1978, c. 307; 1988, cc. 76, 568; 1989, c. 727; 1997, c. 500; 2013, c. 777; 2016, c. 142.

§ 46.2-675. Certain vehicles engaged in mining or quarrying operations; permit when such vehicle required to cross public highways.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee prescribed for any motor vehicle engaged in coal mining operations or other types of mining and quarrying operations, if the sole function of the motor vehicle is to haul coal from mine to tipple or to haul other mined or quarried products from mine or quarry to a processing plant. The owner of the vehicle, however, shall first obtain, without charge, a permit from the Commissioner of Highways in any case in which the motor vehicle is required to cross the public highways. The Commissioner of Highways shall not issue the permit unless he is satisfied that the owner of the motor vehicle has, at his own expense, strengthened the highway crossing so that it will adequately bear the load and has provided adequate signs, lights, or flagmen as may be required for the protection of the public. Any damage done to the highways as a result of this operation shall be repaired in a manner satisfactory to the Commissioner of Highways at the expense of the vehicle's owner.

1970, c. 604, § 46.1-45.1; 1972, c. 609; 1989, c. 727; 2016, c. 142.

§ 46.2-676. Registration certificate, license plates, or decals for any golf carts and utility vehicles; fees.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay any registration fee for any golf cart or utility vehicle that either (i) is not operated on or over any public highway in the Commonwealth or (ii) is operated on or over a public highway as authorized by Article 13.1 (§ 46.2-916.1 et seq.) of Chapter 8.

1973, c. 194, § 46.1-45.2; 1980, c. 37; 1986, c. 220; 1987, cc. 151, 342, 388; 1989, c. 727; 1995, c. 670; 1996, c. 920; 1997, cc. 485, 783, 904; 1999, c. 211; 2002, cc. 44, 98; 2003, c. 105; 2004, c. 746; 2016, c. 142.

§ 46.2-677. Self-propelled wheelchairs.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay any registration fee for any self-propelled wheelchair or self-propelled wheelchair conveyance provided it is:

1. Operated by a person who is capable of operating it properly and safely but who, by reason of physical disability, is otherwise unable to move about as a pedestrian; and

2. Not operated on a public highway in this Commonwealth except to the extent necessary to cross the highway.

1973, c. 194, § 46.1-45.2; 1980, c. 37; 1986, c. 220; 1987, cc. 151, 342, 388; 1989, c. 727; 2016, c. 142.

§ 46.2-678. Forklift trucks.

A. No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any forklift truck provided it is:

1. Operated by a person holding a valid Virginia driver's license;

2. Operated along or across highways only in traveling from one plant, factory, or job site to another by the most direct route;

3. Not carrying or transporting any object or person, other than the driver;

4. Displaying a slow-moving vehicle emblem in conformity with § 46.2-1081;

5. In compliance with requirements of the federal Occupational Safety and Health Administration;

6. Not operated on or along any limited access highway; and

7. Not operated for a distance of more than ten miles.

B. For the purposes of this section, "forklift truck" means a self-propelled machine used for hoisting and transporting heavy objects by means of steel fingers inserted under the load.

1973, c. 194, § 46.1-45.2; 1980, c. 37; 1986, c. 220; 1987, cc. 151, 342, 388; 1989, c. 727; 2016, c. 142.

§ 46.2-679. Snowmobiles.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any snowmobile.

1973, c. 194, § 46.1-45.2; 1980, c. 37; 1986, c. 220; 1987, cc. 151, 342, 388; 1989, c. 727; 2016, c. 142.

§ 46.2-679.1. All-terrain vehicles.

No person shall be required to obtain the registration certificate, license plate, or decals for or pay a registration fee for any all-terrain vehicle.

2006, c. 896; 2016, c. 142.

§ 46.2-679.2. Off-road motorcycles.

No person shall be required to obtain the registration certificate, license plate, or decals for or pay a registration fee for any off-road motorcycle.

2006, c. 896; 2016, c. 142.

§ 46.2-680. Vehicles transporting oyster shells.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any motor vehicle properly registered in Maryland and used for the purpose of hauling oyster shells for a distance of less than three miles on a public highway of this Commonwealth to navigable waters to be further transported by water to Maryland.

1974, c. 359, § 46.1-45.3; 1989, c. 727; 2016, c. 142.

§ 46.2-681. Repealed.

Repealed by Acts 1999, c. 329.

§ 46.2-682. Tractors, rollers, and other machinery used for highway purposes.

Tractors, rollers, and other machinery used for highway purposes need not be registered under this chapter.

Code 1950, § 46-46; 1958, c. 541, § 46.1-47; 1989, c. 727.

§ 46.2-683. Traction engines; vehicles operating on rails.

Nothing in this chapter shall apply to machines known as traction engines or to any locomotives or electric cars operating on rails.

Code 1950, § 46-47; 1958, c. 541, § 46.1-48; 1989, c. 727.

§ 46.2-684. Nocturnal use of highways by exempted vehicles.

It shall be unlawful for any vehicle exempted under this article from registration under this chapter to use the highways between sunset and sunrise unless it is equipped with lights as required by law.

1989, c. 727.

§ 46.2-684.1. Insurance coverage for exempted motor vehicles.

If a motor vehicle, trailer, or semi-trailer that is exempt from motor vehicle registration requirements pursuant to this article is insured under a policy other than a policy of motor vehicle insurance as defined in § 38.2-124, such insurance policy shall not be required to comply with the provisions of Chapter 22 (§ 38.2-2200 et seq.) of Title 38.2 of the Code of Virginia that relate to the ownership, maintenance, or use of the exempt motor vehicle, trailer, or semi-trailer.

2005, c. 445.

Article 7. Fees for Registration.

§ 46.2-685. Payment of fees into special fund.

Except as otherwise provided, all fees collected by the Commissioner under §§ 46.2-651 through 46.2-653 shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

1987, c. 696, § 46.1-44.2; 1989, c. 727; 2012, c. 443.

§ 46.2-686. Portion of certain fees to be paid into special fund.

Except as provided in subdivision A 13 of § 46.2-694 and § 46.2-703, an amount equal to 19.6 percent of the fees collected, after refunds, from the registration of motor vehicles, trailers, and semitrailers pursuant to this chapter shall be transferred from the special fund established by the provisions of § 46.2-206 to a special fund in the state treasury to be used to meet the expenses of the Department.

1987, c. 696, § 46.1-157.2; 1989, c. 727; 2020, cc. 1230, 1275.

§ 46.2-687. Failure to pay certain fees; penalty.

Any person who operates or permits the operation over any highway in the Commonwealth of any motor vehicle, trailer, or semitrailer for the transportation of passengers without first having paid to the Commissioner the fee prescribed by § 46.2-694 shall be guilty of a Class 2 misdemeanor.

Code 1950, § 46-161; 1958, c. 541, § 46.1-152; 1989, c. 727; 1990, c. 418.

§ 46.2-688. Refund of fees paid.

Any person holding a registration card and license plate or license plates with decal who disposes of, elects not to use the vehicle for which it was issued on the highways in the Commonwealth, or transfers another valid license plate to the vehicle, may surrender, prior to the beginning of the registration period, the license plates or license plates with decals and registration card or provide other evidence of registration of the vehicle to the Commissioner with a statement that the vehicle for which the license plate or license plate with decal was issued has been disposed of, election has been made not to use the vehicle on the highways in the Commonwealth, or another valid license plate has been transferred to the vehicle and request a refund of the fee paid. The Commissioner shall retain five dollars of the fee to cover the costs incurred in issuing the plates and processing the refund.

The Commissioner shall refund to the applicant a proration, in six-month increments, of the total cost of the registration and license plates or license plates with decals if application for the refund is made when there are six or more months remaining in the registration period. The Commissioner shall not provide a refund when otherwise eligible if the applicant chooses not to return the license plates to the Department. No charge or deduction shall be assessed for any refund made under this subsection.

Code 1950, § 46-94; 1958, c. 541, § 46.1-97; 1972, c. 609; 1976, c. 339; 1977, c. 236; 1988, c. 704; 1989, c. 727; 2019, cc. 149, 193.

§ 46.2-689. Refund of certain registration fees.

Upon application on a form prescribed by the Commissioner, any person registering any vehicle whose fees are set under § 46.2-697 shall be refunded that portion of the registration fee for a gross weight in excess of that set forth § 46.2-1126.

1984, c. 342, § 46.1-154.01; 1989, c. 727.

§ 46.2-690. Refund for certain for-hire vehicles.

Notwithstanding any other provision of law, the owner of any motor vehicle which is required to be licensed under § 46.2-697 as a for-hire vehicle, may apply for a refund of that portion of the license fee paid in excess of the fee required if it were licensed not for-hire, subject to the conditions and limitations set forth in this section.

If the motor vehicle, while licensed as a for-hire vehicle, is used exclusively in seasonal operation for the transportation of agricultural, horticultural, or forest products and seed and fertilizer therefor to and from the land of the producer, for compensation, the owner may surrender the for-hire license plates issued at any times prior to the expiration of an accumulated total of not more than ninety days. A refund may be obtained for seventy-five percent of that portion of the fee paid in excess of the license fee required for private carrier license plates. The Commissioner shall refund this surcharge on application on forms prescribed by him and submitted to the Department within thirty days of the registration expiration date of the license plates.

1958, c. 541, § 46.1-154.1; 1974, c. 170; 1989, c. 727.

§ 46.2-691. Credit to truck owner inducted into armed forces.

The owner of any truck who secured and paid for a license therefor but was prevented from operating the truck for the full license year by induction into the armed forces of the United States and who, after his discharge from the service, resumes his trucking operations, shall be entitled to a pro rata credit on any new license purchased by him, in the proportion that the part of the year for which he had paid the license and during which part the truck was not in operation bears to the full license year.

The application for a credit shall be made during the license year for which credit is sought and each application shall be accompanied by the registration card and license plate issued the owner for the year for which credit is sought and an affidavit that the owner has been or will be inducted into the armed forces.

All such affidavits shall set forth that the vehicle cannot be operated due to the owner's service in the armed forces.

The Commissioner, when the owner is entitled to a refund, shall issue to him a credit to be applied on the purchase of a new license, in the proportion that the part of the year for which the license fee was paid and during which the truck will not be operated bears to the full license year.

Code 1950, § 46-178; 1958, c. 541, § 46.1-166; 1989, c. 727.

§ 46.2-692. Fee for replacement of lost, mutilated, or illegible indicia of titling and registration.

The fee for the replacement of license plates, decals, registration cards, or certificates of title which are lost, mutilated or illegible shall be as follows:

1. For any type of replacement or duplication of vehicle registration cards, International Registration Plan cab cards, registration cards for overload permits, or dealer registration cards, $2, except that no fee shall be charged for the replacement or duplication of a vehicle registration card or registration card for overload permit that is conducted using the Internet;

2. For a certificate of title, $5;

3. For license plates or license plates with decals, $10;

4. For a license plate with decals issued for trailers, $5; and

5. For one or two decals, $1.

Code 1950, § 46-53; 1958, c. 541, § 46.1-55; 1968, c. 334; 1972, c. 609; 1982, c. 671; 1986, c. 165; 1989, c. 727; 1992, c. 631; 1997, c. 486; 2000, c. 579; 2012, cc. 215, 222.

§ 46.2-692.1. Sample license plates; fee; use.

Upon application therefor, the Commissioner may issue samples of authorized license plates currently issued by the Department. Sample license plates may display, as requested by the applicant and approved by the Commissioner, a combination of up to seven numbers or letters, when feasible. Notwithstanding the provisions of this section, every such license plate shall display the word "SAMPLE" on its face, in a manner prescribed by the Commissioner.

The fee for sample license plates not displaying numbers or letters requested by the applicant shall be ten dollars for each license plate. The fee for sample license plates displaying numbers or letters requested by the applicant shall be twenty dollars for each license plate. Sample license plates shall not be valid for registration purposes and shall not be mounted or displayed on any motor vehicle.

1996, c. 1026; 1997, cc. 774, 816.

§ 46.2-692.2. Fee for exchange of license plates.

The fee for the exchange of license plates shall be the greater of the total of any statutory fees required for the requested license plates, as calculated under the provisions of subsection B of § 46.2-694, or $10.

As used in this section, an "exchange of license plates" means a transaction that occurs within the registration period of a vehicle in which the vehicle owner voluntarily returns the license plates assigned to the vehicle and requests for the same vehicle new license plates with a different design or alphanumeric combination or both.

A request for new license plates made as part of the vehicle registration renewal process shall not be considered an exchange of license plates for purposes of this section.

The provisions of this section shall apply to a replacement request made under the provisions of § 46.2-607 for license plates that are not duplicates or otherwise equivalent to the lost, mutilated, or illegible plates required to be replaced under that section. Such a request shall be considered both a replacement for purposes of §§ 46.2-607 and 46.2-692 and an exchange for purposes of this section.

2011, cc. 57, 70.

§ 46.2-693. Use of old plates and registration number on another vehicle.

Upon receipt of a proper application, an owner who sells or transfers a registered vehicle may have the license plates and registration number assigned to another vehicle titled in the name of the owner. If the vehicle requires identical registration fees, the transfer fee shall be two dollars. If the license fee required for the second vehicle requires a greater registration fee, the fee shall be two dollars plus the difference in registration fees between the two vehicles. All fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to meet the expenses of the Department.

1989, c. 727.

§ 46.2-694. (Contingent expiration date) Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof.

A. The annual registration fees for motor vehicles, trailers, and semitrailers designed and used for the transportation of passengers on the highways in the Commonwealth are:

1. a. Twenty-three dollars for each private passenger car if the passenger car weighs 4,000 pounds or less, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur; however, the fee provided under this subdivision shall apply to a private passenger car that weighs 4,000 pounds or less and is used as a TNC partner vehicle as defined in § 46.2-2000.

b. Thirty-three dollars for each motor home if the motor home weighs 4,000 pounds or less, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur.

2. a. Twenty-eight dollars for each private passenger car that weighs more than 4,000 pounds, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur; however, the fee provided under this subdivision shall apply to a private passenger car that weighs more than 4,000 pounds and is used as a TNC partner vehicle as defined in § 46.2-2000.

b. Thirty-eight dollars for each motor home if the motor home weighs more than 4,000 pounds, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur.

3. Thirty cents per 100 pounds or major fraction thereof for a private motor vehicle other than a motorcycle with a normal seating capacity of more than 10 adults, including the driver, if the private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without a chauffeur. In no case shall the fee be less than $23 if the vehicle weighs 4,000 pounds or less or $28 if the vehicle weighs more than 4,000 pounds.

4. Thirty cents per 100 pounds or major fraction thereof for a school bus. In no case shall the fee be less than $23 if the vehicle weighs 4,000 pounds or less or $28 if the vehicle weighs more than 4,000 pounds.

5. Twenty-three dollars for each trailer or semitrailer designed for use as living quarters for human beings.

6. Thirteen dollars plus $0.30 per 100 pounds or major fraction thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of passengers, operating either intrastate or interstate. Interstate common carriers of interstate passengers may elect to be licensed and pay the fees prescribed in subdivision 7 on submission to the Commissioner of a declaration of operations and equipment as he may prescribe. An additional $5 shall be charged if the motor vehicle weighs more than 4,000 pounds.

7. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of interstate passengers if election is made to be licensed under this subsection. An additional $5 shall be charged if the motor vehicle weighs more than 4,000 pounds. In lieu of the foregoing fee of $0.70 per 100 pounds, a motor carrier of passengers, operating two or more vehicles both within and outside the Commonwealth and registered for insurance purposes with the Surface Transportation Board of the U.S. Department of Transportation, Federal Highway Administration, may apply to the Commissioner for prorated registration. Upon the filing of such application, in such form as the Commissioner may prescribe, the Commissioner shall apportion the registration fees provided in this subsection so that the total registration fees to be paid for such vehicles of such carrier shall be that proportion of the total fees, if there were no apportionment, that the total number of miles traveled by such vehicles of such carrier within the Commonwealth bears to the total number of miles traveled by such vehicles within and outside the Commonwealth. Such total mileage in each instance is the estimated total mileage to be traveled by such vehicles during the license year for which such fees are paid, subject to the adjustment in accordance with an audit to be made by representatives of the Commissioner at the end of such license year, the expense of such audit to be borne by the carrier being audited. Each vehicle passing into or through Virginia shall be registered and licensed in Virginia and the annual registration fee to be paid for each such vehicle shall not be less than $33. For the purpose of determining such apportioned registration fees, only those motor vehicles, trailers, or semitrailers operated both within and outside the Commonwealth shall be subject to inclusion in determining the apportionment provided for herein.

8. Thirteen dollars plus $0.80 per 100 pounds or major fraction thereof for each motor vehicle, trailer or semitrailer kept or used for rent or for hire or operated under a lease without a chauffeur for the transportation of passengers. An additional fee of $5 shall be charged if the vehicle weighs more than 4,000 pounds. This subdivision does not apply to vehicles used as common carriers or as TNC partner vehicles as defined in § 46.2-2000.

9. Twenty-three dollars for a taxicab or other vehicle which is kept for rent or hire operated with a chauffeur for the transportation of passengers, and which operates or should operate under permits issued by the Department as required by law. An additional fee of $5 shall be charged if the vehicle weighs more than 4,000 pounds. This subdivision does not apply to vehicles used as common carriers or as TNC partner vehicles as defined in § 46.2-2000.

10. Fourteen dollars for a motorcycle, with or without a sidecar. To this fee shall be added a surcharge of $3 which shall be distributed as provided in § 46.2-1191.

10a. Twelve dollars for a moped, to be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

10b. Fourteen dollars for an autocycle.

11. Twenty-three dollars for a bus used exclusively for transportation to and from church school, for the purpose of religious instruction, or church, for the purpose of divine worship. If the empty weight of the vehicle exceeds 4,000 pounds, the fee shall be $28.

12. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof for other passenger-carrying vehicles.

13. An additional fee of $4.25 per year shall be charged and collected at the time of registration of each pickup or panel truck and each motor vehicle under subdivisions 1 through 12. All funds collected from $4 of the $4.25 fee shall be paid into the state treasury and shall be set aside as a special fund to be used only for emergency medical services purposes. The moneys in the special emergency medical services fund shall be distributed as follows:

a. Two percent shall be distributed to the State Department of Health to provide funding to the Virginia Association of Volunteer Rescue Squads to be used solely for the purpose of conducting volunteer recruitment, retention, and training activities;

b. Thirty percent shall be distributed to the State Department of Health to support (i) emergency medical services training programs (excluding advanced life support classes); (ii) advanced life support training; (iii) recruitment and retention programs (all funds for such support shall be used to recruit and retain volunteer emergency medical services personnel only, including public awareness campaigns, technical assistance programs, and similar activities); (iv) emergency medical services system development, initiatives, and priorities based on needs identified by the State Emergency Medical Services Advisory Board; (v) local, regional, and statewide performance contracts for emergency medical services to meet the objectives stipulated in § 32.1-111.3; (vi) technology and radio communication enhancements; and (vii) improved emergency preparedness and response. Any funds set aside for distribution under this provision and remaining undistributed at the end of any fiscal year shall revert to the Rescue Squad Assistance Fund;

c. Thirty-two percent shall be distributed to the Rescue Squad Assistance Fund;

d. Ten percent shall be available to the State Department of Health's Office of Emergency Medical Services for use in emergency medical services; and

e. Twenty-six percent shall be returned by the Comptroller to the locality wherein such vehicle is registered, to provide funding for training of volunteer or salaried emergency medical services personnel of nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health and for the purchase of necessary equipment and supplies for use in such locality for emergency medical services provided by nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health.

All revenues generated by the remaining $0.25 of the $4.25 fee approved by the 2008 Session of the General Assembly shall be deposited into the Rescue Squad Assistance Fund and used only to pay for the costs associated with the certification and recertification training of emergency medical services personnel.

The Comptroller shall clearly designate on the warrant, check, or other means of transmitting these funds that such moneys are only to be used for purposes set forth in this subdivision. Such funds shall be in addition to any local appropriations and local governing bodies shall not use these funds to supplant local funds. Each local governing body shall report annually to the Board of Health on the use of the funds returned to it pursuant to this section. In any case in which the local governing body grants the funds to a regional emergency medical services council to be distributed to the nonprofit emergency medical services agency that holds a valid license issued by the Commissioner of Health, the local governing body shall remain responsible for the proper use of the funds. If, at the end of any fiscal year, a report on the use of the funds returned to the locality pursuant to this section for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board.

B. All motor vehicles, trailers, and semitrailers registered as provided in subsection B of § 46.2-646 shall pay a registration fee equal to one-twelfth of all fees required by subsection A of this section or § 46.2-697 for such motor vehicle, trailer, or semitrailer, computed to the nearest cent, multiplied by the number of months in the registration period for such motor vehicles, trailers, and semitrailers.

C. The manufacturer's shipping weight or scale weight shall be used for computing all fees required by this section to be based upon the weight of the vehicle.

D. The applicant for registration bears the burden of proof that the vehicle for which registration is sought is entitled by weight, design, and use to be registered at the fee tendered by the applicant to the Commissioner or to his authorized agent.

Code 1950, §§ 46-154 through 46-156, 46-158.1, 46-159, 46-163.1, 46-166.1; 1950, p. 621; 1952, cc. 224, 418; 1956, cc. 132, 597, 705; 1958, c. 541, § 46.1-149; 1960, c. 243; 1964, c. 218; 1972, c. 609; 1974, c. 170; 1978, c. 708; 1980, c. 25; 1982, c. 671; 1983, c. 566; 1984, cc. 476, 545; 1985, c. 333; 1986, Sp. Sess., c. 11; 1988, cc. 701, 704; 1989, c. 727; 1990, c. 508; 1991, c. 472; 1994, c. 279; 1997, c. 283; 2002, c. 794; 2004, c. 194; 2005, c. 928; 2007, c. 896; 2008, c. 182; 2013, c. 783; 2014, cc. 53, 256; 2015, cc. 2, 3, 502, 503; 2020, cc. 1230, 1275.

§ 46.2-694. (Contingent effective date) Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof.

A. The annual registration fees for motor vehicles, trailers, and semitrailers designed and used for the transportation of passengers on the highways in the Commonwealth are:

1. Twenty-three dollars for each private passenger car or motor home if the passenger car or motor home weighs 4,000 pounds or less, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur; however, the fee provided under this subdivision shall apply to a private passenger car or motor home that weighs 4,000 pounds or less and is used as a TNC partner vehicle as defined in § 46.2-2000.

2. Twenty-eight dollars for each private passenger car or motor home that weighs more than 4,000 pounds, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur; however, the fee provided under this subdivision shall apply to a private passenger car or motor home that weighs more than 4,000 pounds and is used as a TNC partner vehicle as defined in § 46.2-2000.

3. Thirty cents per 100 pounds or major fraction thereof for a private motor vehicle other than a motorcycle with a normal seating capacity of more than 10 adults, including the driver, if the private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without a chauffeur. In no case shall the fee be less than $23 if the vehicle weighs 4,000 pounds or less or $28 if the vehicle weighs more than 4,000 pounds.

4. Thirty cents per 100 pounds or major fraction thereof for a school bus. In no case shall the fee be less than $23 if the vehicle weighs 4,000 pounds or less or $28 if the vehicle weighs more than 4,000 pounds.

5. Twenty-three dollars for each trailer or semitrailer designed for use as living quarters for human beings.

6. Thirteen dollars plus $0.30 per 100 pounds or major fraction thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of passengers, operating either intrastate or interstate. Interstate common carriers of interstate passengers may elect to be licensed and pay the fees prescribed in subdivision 7 on submission to the Commissioner of a declaration of operations and equipment as he may prescribe. An additional $5 shall be charged if the motor vehicle weighs more than 4,000 pounds.

7. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of interstate passengers if election is made to be licensed under this subsection. An additional $5 shall be charged if the motor vehicle weighs more than 4,000 pounds. In lieu of the foregoing fee of $0.70 per 100 pounds, a motor carrier of passengers, operating two or more vehicles both within and outside the Commonwealth and registered for insurance purposes with the Surface Transportation Board of the U.S. Department of Transportation, Federal Highway Administration, may apply to the Commissioner for prorated registration. Upon the filing of such application, in such form as the Commissioner may prescribe, the Commissioner shall apportion the registration fees provided in this subsection so that the total registration fees to be paid for such vehicles of such carrier shall be that proportion of the total fees, if there were no apportionment, that the total number of miles traveled by such vehicles of such carrier within the Commonwealth bears to the total number of miles traveled by such vehicles within and outside the Commonwealth. Such total mileage in each instance is the estimated total mileage to be traveled by such vehicles during the license year for which such fees are paid, subject to the adjustment in accordance with an audit to be made by representatives of the Commissioner at the end of such license year, the expense of such audit to be borne by the carrier being audited. Each vehicle passing into or through Virginia shall be registered and licensed in Virginia and the annual registration fee to be paid for each such vehicle shall not be less than $33. For the purpose of determining such apportioned registration fees, only those motor vehicles, trailers, or semitrailers operated both within and outside the Commonwealth shall be subject to inclusion in determining the apportionment provided for herein.

8. Thirteen dollars plus $0.80 per 100 pounds or major fraction thereof for each motor vehicle, trailer or semitrailer kept or used for rent or for hire or operated under a lease without a chauffeur for the transportation of passengers. An additional fee of $5 shall be charged if the vehicle weighs more than 4,000 pounds. This subdivision does not apply to vehicles used as common carriers or as TNC partner vehicles as defined in § 46.2-2000.

9. Twenty-three dollars for a taxicab or other vehicle which is kept for rent or hire operated with a chauffeur for the transportation of passengers, and which operates or should operate under permits issued by the Department as required by law. An additional fee of $5 shall be charged if the vehicle weighs more than 4,000 pounds. This subdivision does not apply to vehicles used as common carriers or as TNC partner vehicles as defined in § 46.2-2000.

10. Eighteen dollars for a motorcycle, with or without a sidecar. To this fee shall be added a surcharge of $3, which shall be distributed as provided in § 46.2-1191.

10a. Fourteen dollars for a moped, to be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

10b. Eighteen dollars for an autocycle.

11. Twenty-three dollars for a bus used exclusively for transportation to and from church school, for the purpose of religious instruction, or church, for the purpose of divine worship. If the empty weight of the vehicle exceeds 4,000 pounds, the fee shall be $28.

12. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof for other passenger-carrying vehicles.

13. An additional fee of $4.25 per year shall be charged and collected at the time of registration of each pickup or panel truck and each motor vehicle under subdivisions 1 through 12. All funds collected from $4 of the $4.25 fee shall be paid into the state treasury and shall be set aside as a special fund to be used only for emergency medical services purposes. The moneys in the special emergency medical services fund shall be distributed as follows:

a. Two percent shall be distributed to the State Department of Health to provide funding to the Virginia Association of Volunteer Rescue Squads to be used solely for the purpose of conducting volunteer recruitment, retention and training activities;

b. Thirty percent shall be distributed to the State Department of Health to support (i) emergency medical services training programs (excluding advanced life support classes); (ii) advanced life support training; (iii) recruitment and retention programs (all funds for such support shall be used to recruit and retain volunteer emergency medical services personnel only, including public awareness campaigns, technical assistance programs, and similar activities); (iv) emergency medical services system development, initiatives, and priorities based on needs identified by the State Emergency Medical Services Advisory Board; (v) local, regional, and statewide performance contracts for emergency medical services to meet the objectives stipulated in § 32.1-111.3; (vi) technology and radio communication enhancements; and (vii) improved emergency preparedness and response. Any funds set aside for distribution under this provision and remaining undistributed at the end of any fiscal year shall revert to the Rescue Squad Assistance Fund;

c. Thirty-two percent shall be distributed to the Rescue Squad Assistance Fund;

d. Ten percent shall be available to the State Department of Health's Office of Emergency Medical Services for use in emergency medical services; and

e. Twenty-six percent shall be returned by the Comptroller to the locality wherein such vehicle is registered, to provide funding for training of volunteer or salaried emergency medical services personnel of nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health and for the purchase of necessary equipment and supplies for use in such locality for emergency medical services provided by nonprofit or volunteer emergency medical services agencies that hold a valid license issued by the Commissioner of Health.

All revenues generated by the remaining $0.25 of the $4.25 fee approved by the 2008 Session of the General Assembly shall be deposited into the Rescue Squad Assistance Fund and used only to pay for the costs associated with the certification and recertification training of emergency medical services personnel.

The Comptroller shall clearly designate on the warrant, check, or other means of transmitting these funds that such moneys are only to be used for purposes set forth in this subdivision. Such funds shall be in addition to any local appropriations and local governing bodies shall not use these funds to supplant local funds. Each local governing body shall report annually to the Board of Health on the use of the funds returned to it pursuant to this section. In any case in which the local governing body grants the funds to a regional emergency medical services council to be distributed to the emergency medical services agency that holds a valid license issued by the Commissioner of Health, the local governing body shall remain responsible for the proper use of the funds. If, at the end of any fiscal year, a report on the use of the funds returned to the locality pursuant to this section for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board.

B. All motor vehicles, trailers, and semitrailers registered as provided in subsection B of § 46.2-646 shall pay a registration fee equal to one-twelfth of all fees required by subsection A of this section or § 46.2-697 for such motor vehicle, trailer, or semitrailer, computed to the nearest cent, multiplied by the number of months in the registration period for such motor vehicles, trailers, and semitrailers.

C. The manufacturer's shipping weight or scale weight shall be used for computing all fees required by this section to be based upon the weight of the vehicle.

D. The applicant for registration bears the burden of proof that the vehicle for which registration is sought is entitled by weight, design, and use to be registered at the fee tendered by the applicant to the Commissioner or to his authorized agent.

Code 1950, §§ 46-154 through 46-156, 46-158.1, 46-159, 46-163.1, 46-166.1; 1950, p. 621; 1952, cc. 224, 418; 1956, cc. 132, 597, 705; 1958, c. 541, § 46.1-149; 1960, c. 243; 1964, c. 218; 1972, c. 609; 1974, c. 170; 1978, c. 708; 1980, c. 25; 1982, c. 671; 1983, c. 566; 1984, cc. 476, 545; 1985, c. 333; 1986, Sp. Sess., c. 11; 1988, cc. 701, 704; 1989, c. 727; 1990, c. 508; 1991, c. 472; 1994, c. 279; 1997, c. 283; 2002, c. 794; 2004, c. 194; 2005, c. 928; 2008, c. 182; 2013, c. 783; 2014, cc. 53, 256; 2015, cc. 2, 3, 502, 503.

§ 46.2-694.1. (Contingent expiration date -- see note*) Fees for trailers and semitrailers not designed and used for transportation of passengers.

Unless otherwise specified in this title, the registration fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the Commonwealth shall be as follows:

aRegistered Gross Weight1-Year Fee2-Year FeePermanent Fee
b0-1,500 lbs$18.00$36.00$70.00
c1,501-4,000 lbs$28.50$57.00$75.00
d4,001 lbs & above$40.00$80.00$100.00

From the foregoing registration fees, the following amounts, regardless of weight category, shall be paid by the Department into the state treasury and set aside for the payment of the administrative costs of the safety inspection program provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title: (i) from each one-year registration fee, one dollar and fifty cents; (ii) from each two-year registration fee, three dollars; and (iii) from each permanent registration fee, four dollars.

1997, c. 283; 2007, c. 896.

§ 46.2-694.1. (Contingent effective date -- see note*) Fees for trailers and semitrailers not designed and used for transportation of passengers.

Unless otherwise specified in this title, the registration fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the Commonwealth shall be as follows:

aRegistered Gross Weight1-Year Fee2-Year FeePermanent Fee
b0-1,500 lbs$8.00$16.00$50.00
c1,501-4,000 lbs$18.50$37.00$50.00
d4,001 lbs & above$23.50$47.00$50.00

From the foregoing registration fees, the following amounts, regardless of weight category, shall be paid by the Department into the state treasury and set aside for the payment of the administrative costs of the safety inspection program provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title: (i) from each one-year registration fee, one dollar and fifty cents; (ii) from each two-year registration fee, three dollars; and (iii) from each permanent registration fee, four dollars.

1997, c. 283.

*This section is set out twice because the 22nd enactment of Chapter 896 of the Acts of Assembly of 2007 states: "That the provisions of this act which generate additional revenue for the Transportation Trust Fund, established under § 33.1-23.03:1 of the Code of Virginia, or the Highway Maintenance and Operating Fund shall expire on December 31 of any year in which the General Assembly appropriates any of the revenues designated under general law to the Highway Maintenance and Operating Fund or the Transportation Trust Fund for any non-transportation related purpose."
§ 46.2-695. Small rented ridesharing vehicles.

The fees required by subdivisions A 8 and A 9 of § 46.2-694 to be paid for registration of motor vehicles used for rent or hire shall not be required for the operation of any motor vehicle with a normal seating capacity of not more than fifteen adults including the driver while used (i) not for profit in transporting persons in a ridesharing arrangement, as defined in § 46.2-1400, or (ii) by a lessee renting or hiring such vehicle for such purpose for a period of twelve months or longer under a written lease or agreement. For the purposes of § 46.2-694, the fee for the annual registration card and license plates for such vehicle shall be the same as for a private passenger car of the same weight.

Code 1950, § 46-158; 1952, c. 415; 1958, c. 541, § 46.1-150; 1964, c. 218; 1966, c. 608; 1976, c. 60; 1989, c. 727; 2002, c. 337.

§ 46.2-696. Repealed.

Repealed by Acts 2011, cc. 881 and 889, cl. 2.

§ 46.2-697. (Contingent expiration date) Fees for vehicles not designed or used for transportation of passengers.

A. Except as otherwise provided in this section, the fee for registration of all motor vehicles not designed and used for the transportation of passengers shall be $23 plus an amount determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule of fees set forth in this section. For each 1,000 pounds of gross weight, or major fraction thereof, for which any such vehicle is registered, there shall be paid to the Commissioner the fee indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of subsection B of § 46.2-711 into which such vehicle, or any combination of vehicles of which it is a part, falls when loaded to the maximum capacity for which it is registered and licensed. The fee for a pickup or panel truck shall be $23 if its gross weight is 4,000 pounds or less and $28 if its gross weight is 4,001 pounds through 6,500 pounds. The fee shall be $32 for any motor vehicle with a gross weight of 6,501 pounds through 10,000 pounds.

aFee Per Thousand Pounds of Gross Weight
bGross Weight
Groups (pounds)
Private CarriersFor Rent or
For Hire Carriers
c10,001 -- 11,000$3.17$4.75
d11,001 -- 12,0003.424.90
e12,001 -- 13,0003.665.15
f13,001 -- 14,0003.905.40
g14,001 -- 15,0004.155.65
h15,001 -- 16,0004.395.90
i16,001 -- 17,0004.886.15
j17,001 -- 18,0005.376.40
k18,001 -- 19,0005.867.50
l19,001 -- 20,0006.347.70
m20,001 -- 21,0006.837.90
n21,001 -- 22,0007.328.10
o22,001 -- 23,0007.818.30
p23,001 -- 24,0008.308.50
q24,001 -- 25,0008.428.70
r25,001 -- 26,0008.488.90
s26,001 -- 27,00010.0710.35
t27,001 -- 28,00010.1310.55
u28,001 -- 29,00010.1810.75
v29,001 -- 40,00010.3110.95
w40,001 -- 45,00010.4311.15
x45,001 -- 50,00010.6811.25
y50,001 -- 55,00011.2913.25
z55,001 -- 76,00013.7315.25
aa76,001 -- 80,00016.1716.25

For all such motor vehicles exceeding a gross weight of 6,500 pounds, an additional fee of $5 shall be imposed.

B. In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be 25 percent of the annual fee plus $5 for each quarter that the vehicle is registered.

C. When an owner elects to register and license a motor vehicle under subsection B, the provisions of §§ 46.2-646 and 46.2-688 shall not apply.

D. Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.

E. All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.

Code 1950, § 46-162; 1956, c. 477; 1958, c. 541, § 46.1-154; 1962, c. 86; 1964, c. 218; 1964, Ex. Sess., c. 22; 1973, c. 517; 1974, c. 150; 1979, c. 244; 1982, c. 671; 1984, c. 144; 1986 Sp. Sess., c. 11; 1989, c. 727; 1997, c. 283; 2007, c. 896; 2020, cc. 1230, 1275.

§ 46.2-697. (Contingent effective date — see Editor's note) Fees for vehicles not designed or used for transportation of passengers.

A. Except as otherwise provided in this section, the fee for registration of all motor vehicles not designed and used for the transportation of passengers shall be thirteen dollars plus an amount determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule of fees set forth in this section. For each 1,000 pounds of gross weight, or major fraction thereof, for which any such vehicle is registered, there shall be paid to the Commissioner the fee indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of subsection B of § 46.2-711 into which such vehicle, or any combination of vehicles of which it is a part, falls when loaded to the maximum capacity for which it is registered and licensed. The fee for a pickup or panel truck shall be twenty-three dollars if its gross weight is 4,000 pounds or less, and twenty-eight dollars if its gross weight is 4,001 pounds through 6,500 pounds. The fee shall be twenty-nine dollars for any motor vehicle with a gross weight of 6,501 pounds through 10,000 pounds.

aFee Per Thousand Pounds of Gross Weight
bGross Weight
Groups (pounds)
Private CarriersFor Rent or
For Hire Carriers
c

10,001 -- 11,000

$2.60

$4.75

d

11,001 -- 12,000

2.80

4.90

e

12,001 -- 13,000

3.00

5.15

f

13,001 -- 14,000

3.20

5.40

g

14,001 -- 15,000

3.40

5.65

h

15,001 -- 16,000

3.60

5.90

i

16,001 -- 17,000

4.00

6.15

j

17,001 -- 18,000

4.40

6.40

k

18,001 -- 19,000

4.80

7.50

l

19,001 -- 20,000

5.20

7.70

m

20,001 -- 21,000

5.60

7.90

n

21,001 -- 22,000

6.00

8.10

o

22,001 -- 23,000

6.40

8.30

p

23,001 -- 24,000

6.80

8.50

q

24,001 -- 25,000

6.90

8.70

r

25,001 -- 26,000

6.95

8.90

s

26,001 -- 27,000

8.25

10.35

t

27,001 -- 28,000

8.30

10.55

u

28,001 -- 29,000

8.35

10.75

v

29,001 -- 40,000

8.45

10.95

w

40,001 -- 45,000

8.55

11.15

x

45,001 -- 50,000

8.75

11.25

y

50,001 -- 55,000

9.25

13.25

z

55,001 -- 76,000

11.25

15.25

aa

76,001 -- 80,000

13.25

16.25

For all such motor vehicles exceeding a gross weight of 6,500 pounds, an additional fee of five dollars shall be imposed.

B. In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be twenty-five percent of the annual fee plus five dollars for each quarter that the vehicle is registered.

C. When an owner elects to register and license a motor vehicle under subsection B of this section, the provisions of §§ 46.2-646 and 46.2-688 shall not apply.

D. Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.

E. All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.

Code 1950, § 46-162; 1956, c. 477; 1958, c. 541, § 46.1-154; 1962, c. 86; 1964, c. 218; 1964, Ex. Sess., c. 22; 1973, c. 517; 1974, c. 150; 1979, c. 244; 1982, c. 671; 1984, c. 144; 1986 Sp. Sess., c. 11; 1989, c. 727; 1997, c. 283.

*This section is set out twice because the 22nd enactment of Chapter 896 of the Acts of Assembly of 2007 states: "That the provisions of this act which generate additional revenue for the Transportation Trust Fund, established under § 33.1-23.03:1 of the Code of Virginia, or the Highway Maintenance and Operating Fund shall expire on December 31 of any year in which the General Assembly appropriates any of the revenues designated under general law to the Highway Maintenance and Operating Fund or the Transportation Trust Fund for any non-transportation related purpose."
§ 46.2-697.1. Repealed.

Repealed by Acts 2003, c. 1042, cl. 12, effective May 1, 2003.

§ 46.2-697.2. (Contingent expiration date — see Editor's note) Additional fees for vehicles not designed or used for transportation of passengers.

A. In addition to the fees imposed pursuant to § 46.2-697, there is hereby imposed an additional fee for the registration of all motor vehicles not designed and used for the transportation of passengers. The additional fee shall be determined per thousand pounds by the gross weight of the vehicle or combination of vehicles in the same manner as the fees imposed pursuant to § 46.2-697, as follows:

1. For vehicles with a gross weight of 10,001 through 15,000 pounds, $6.00 per 1,000 pounds;

2. For vehicles with a gross weight of 15,001 through 25,000 pounds, $7.00 per 1,000 pounds;

3. For vehicles with a gross weight of 25,001 through 29,000 pounds, $9.00 per 1,000 pounds;

4. For vehicles with a gross weight of 29,001 through 40,000 pounds, $10.00 per 1,000 pounds; and

5. For vehicles with a gross weight of 40,001 pounds or more, an amount equal to the per 1,000 pound rate for for-rent or for-hire vehicles for such vehicle pursuant to § 46.2-697, provided that the total rate, including any base fees charged pursuant to § 46.2-697, shall not exceed $23.25 per 1,000 pounds.

B. The fee imposed by this section shall not be applicable to farm motor vehicles used exclusively for farm use, as defined in § 46.2-698.

C. Beginning July 1, 2019, the fee per thousand pounds of gross weight charged pursuant to § 46.2-697 for both private carriers and for-rent or for-hire carriers shall be based on the rate schedule for for-rent or for-hire carriers.

2019, cc. 837, 846.

§ 46.2-698. (Contingent expiration date — see Acts 2019, cc. 837 and 846) Fees for farm vehicles.

A. The fees for registration of farm motor vehicles having gross weights of 7,500 pounds or more, when such vehicles are used exclusively for farm use as defined in this section, shall be one-half of the fee per 1,000 pounds of gross weight for private carriers as calculated under the provisions of § 46.2-697, as in effect on January 1, 2019 and notwithstanding the provisions of subsection C of § 46.2-697.2, and one-half of the fee for overload permits under § 46.2-1128, but the annual registration fee to be paid for each farm vehicle shall not be less than $15.

B. A farm motor vehicle is used exclusively for farm use:

1. When owned by a person who is engaged either as an owner, renter, or operator of a farm of a size reasonably requiring the use of such vehicle or vehicles and when such vehicle is:

a. Used in the transportation of agricultural products of the farm he is working to market, or to other points for sale or processing, or when used to transport materials, tools, equipment, or supplies which are to be used or consumed on the farm he is working, or when used for any other transportation incidental to the regular operation of such farm;

b. Used in transporting forest products, including forest materials originating on a farm or incident to the regular operation of a farm, to the farm he is working or transporting for any purpose forest products which originate on the farm he is working; or

c. Used in the transportation of farm produce, supplies, equipment, or materials to a farm not worked by him, pursuant to a mutual cooperative agreement.

2. When the nonfarm use of such motor vehicle is limited to the personal use of the owner and his immediate family in attending church or school, securing medical treatment or supplies, securing other household or family necessities, or traveling between the operator's residence and the farm.

C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.

D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:

1. The location and acreage of each farm on which the vehicle to be registered is to be used;

2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;

3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B; and

4. Other information required by the Department.

The above information is not required for the renewal of a vehicle's registration under this section.

E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.

F. The owner of a farm vehicle shall inform the Commissioner within 30 days or at the time of his next registration renewal, whichever comes first, when such vehicle is no longer used exclusively for farm use as defined in this section, and shall pay the appropriate registration fee for the vehicle based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the operation of any farm motor vehicle for which the fee for registration and license plates is herein prescribed on any highway in the Commonwealth without first having paid the prescribed registration fee; or (ii) operate or permit the operation of any motor vehicle, registered under this section, for purposes other than as provided under subsection B; or (iii) operate as a for-hire vehicle.

G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.

H. Notwithstanding other provisions of this section, vehicles licensed under this section may be used by volunteer emergency medical services personnel and volunteer firefighters in responding to emergency calls, in reporting for regular duty, and in attending emergency medical services agency or fire company meetings and drills.

1976, c. 323, § 46.1-154.3; 1978, c. 29; 1985, c. 424; 1989, cc. 402, 727; 1996, cc. 943, 994; 1997, cc. 774, 816; 2004, c. 663; 2015, cc. 502, 503; 2019, cc. 837, 846; 2020, c. 781.

§ 46.2-698. (Contingent effective date — see Acts 2019, cc. 837 and 846) Fees for farm vehicles.

A. The fees for registration of farm motor vehicles having gross weights of 7,500 pounds or more, when such vehicles are used exclusively for farm use as defined in this section, shall be one-half of the fee per 1,000 pounds of gross weight for private carriers as calculated under the provisions of § 46.2-697 and one-half of the fee for overload permits under § 46.2-1128, but the annual registration fee to be paid for each farm vehicle shall not be less than $15.

B. A farm motor vehicle is used exclusively for farm use:

1. When owned by a person who is engaged either as an owner, renter, or operator of a farm of a size reasonably requiring the use of such vehicle or vehicles and when such vehicle is:

a. Used in the transportation of agricultural products of the farm he is working to market, or to other points for sale or processing, or when used to transport materials, tools, equipment, or supplies which are to be used or consumed on the farm he is working, or when used for any other transportation incidental to the regular operation of such farm;

b. Used in transporting forest products, including forest materials originating on a farm or incident to the regular operation of a farm, to the farm he is working or transporting for any purpose forest products which originate on the farm he is working; or

c. Used in the transportation of farm produce, supplies, equipment, or materials to a farm not worked by him, pursuant to a mutual cooperative agreement.

2. When the nonfarm use of such motor vehicle is limited to the personal use of the owner and his immediate family in attending church or school, securing medical treatment or supplies, securing other household or family necessities, or traveling between the operator's residence and the farm.

C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.

D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:

1. The location and acreage of each farm on which the vehicle to be registered is to be used;

2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;

3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B; and

4. Other information required by the Department.

The above information is not required for the renewal of a vehicle's registration under this section.

E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.

F. The owner of a farm vehicle shall inform the Commissioner within 30 days or at the time of his next registration renewal, whichever comes first, when such vehicle is no longer used exclusively for farm use as defined in this section, and shall pay the appropriate registration fee for the vehicle based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the operation of any farm motor vehicle for which the fee for registration and license plates is herein prescribed on any highway in the Commonwealth without first having paid the prescribed registration fee; or (ii) operate or permit the operation of any motor vehicle, registered under this section, for purposes other than as provided under subsection B; or (iii) operate as a for-hire vehicle.

G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.

H. Notwithstanding other provisions of this section, vehicles licensed under this section may be used by volunteer emergency medical services personnel and volunteer firefighters in responding to emergency calls, in reporting for regular duty, and in attending emergency medical services agency or fire company meetings and drills.

1976, c. 323, § 46.1-154.3; 1978, c. 29; 1985, c. 424; 1989, cc. 402, 727; 1996, cc. 943, 994; 1997, cc. 774, 816; 2004, c. 663; 2015, cc. 502, 503; 2020, c. 781.

§ 46.2-699. Repealed.

Repealed by Acts 1997, c. 283.

§ 46.2-700. Fees for vehicles for transporting well-drilling machinery and specialized mobile equipment.

A. The fee for registration of any motor vehicle, trailer, or semitrailer on which well-drilling machinery is attached and which is permanently used solely for transporting the machinery shall be $15.

B. The fee for the registration of specialized mobile equipment shall be $15. "Specialized mobile equipment" shall mean any self-propelled motor vehicle manufactured for a specific purpose, other than for the transportation of passengers or property, which is used on a job site and whose movement on any highway is incidental to the purpose for which it was designed and manufactured. The vehicle must be constructed to fall within all size and weight requirements as contained in §§ 46.2-1105, 46.2-1110, 46.2-1113 and Article 17 (§ 46.2-1122 et seq.) of Chapter 10 and must be capable of maintaining sustained highway speeds of 40 miles per hour or more. Nothing in this subsection shall be construed as prohibiting the transportation on specialized mobile equipment of safety equipment, including but not limited to highway traffic safety cones, to be used on a job site.

C. Specialized mobile equipment which cannot maintain a sustained highway speed in excess of 40 miles per hour, and trailers or semitrailers which are designed and manufactured for a specific purpose and whose movement on the highway is incidental to the purpose for which it was manufactured and which are not designed or used to transport persons or property, shall not be required to be registered under this chapter.

Code 1950, § 46-164; 1958, c. 541, § 46.1-156; 1964, c. 218; 1979, c. 244; 1989, c. 727; 2004, c. 478; 2011, c. 283.

§ 46.2-701. Combinations of tractor trucks and semitrailers; five-year registration of certain trailer fleets.

A. Each vehicle of a combination of a truck or tractor truck and a trailer or semitrailer shall be registered as a separate vehicle, and separate vehicle license plates shall be issued for each vehicle, but, for the purpose of determining the gross weight group into which any vehicle falls pursuant to § 46.2-697, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine the gross weight group. The fee for the registration card and license plates for a trailer or semitrailer constituting a part of the combination shall be as provided in § 46.2-694.1.

B. In determining the fee to be paid for the registration of a truck or tractor truck constituting a part of such combination the fee shall be assessed on the total gross weight and the fee per 1,000 pounds applicable to the gross weight of the combination when loaded to the maximum capacity for which it is registered and licensed.

C. Existing five-year registrations for fleets of fifty or more trailers previously issued under this section shall remain valid through the five-year period, but shall not be renewable.

Code 1950, § 46-165; 1950, p. 249; 1956, c. 477; 1958, c. 541, § 46.1-157; 1964, c. 218; 1979, cc. 61, 244; 1982, c. 157; 1989, c. 727; 1997, c. 283.

§ 46.2-702. Fees for service or wrecking vehicles.

For the purpose of determining the registration and license fees paid by the owners of motor vehicles used as service or wrecking cranes, these motor vehicles, when used in connection with the business of any person engaged in selling motor vehicles or repairing the same, shall be treated as private motor vehicles and not as motor vehicles operated for compensation or for hire.

Code 1950, § 46-174; 1958, c. 541, § 46.1-163; 1960, c. 123; 1989, c. 727.

§ 46.2-702.1. Repealed.

Repealed by Acts 2020, cc. 1230 and 1275, cl. 4.

§ 46.2-702.1:1. Repealed.

Repealed by Acts 2020, cc. 1230 and 1275, cl. 4.

§ 46.2-702.2. Fees for registration of vehicles specially equipped to accommodate persons with disabilities.

In determining the fee to be charged for registration of any vehicle specially equipped to be driven by or to transport persons with disabilities, the weight of the vehicle upon which such fee is based shall be the weight of the vehicle prior to the installation of such special equipment for the accommodation of persons with disabilities.

2008, c. 130.

§ 46.2-703. Reciprocal agreement with other states; assessment and collection of fees on an apportionment or allocation basis; registration of vehicles and reporting of road tax; violations; vehicle seizures; penalties.

A. Notwithstanding any other provision of this title, the Governor may, on the advice of the Department, enter into reciprocal agreements on behalf of the Commonwealth with the appropriate authorities of any state of the United States or a state or province of a country providing for the assessing and collecting of license fees for motor vehicles, tractor trucks, trucks, trailers, and semitrailers on an apportionment or allocation basis, as outlined in the International Registration Plan developed by the International Registration Plan, Inc.

The Commissioner is authorized to audit the records of any owner, lessor, or lessee to verify the accuracy of any information required by any jurisdiction to determine the registration fees due. Based on this audit, the Commissioner may assess any owner, lessor, or lessee for any license fees due this Commonwealth, including interest and penalties as provided in this section. In addition to any other penalties prescribed by law, the Commissioner or the Reciprocity Board may deny the owner, lessor, or lessee the right to operate any motor vehicle on the highways in the Commonwealth until the assessment has been paid.

Trip permit registration may be issued for any vehicle or combination of vehicles that could be lawfully operated in the jurisdiction if full registration or proportional registration were obtained. The fee for this permit shall be $15 and the permit shall be valid for 10 days.

Any person who operates or permits the operation of any motor vehicle, trailer, or semitrailer over any highway in the Commonwealth without first having paid to the Commissioner the fees prescribed and payable under this section shall be guilty of a Class 2 misdemeanor. Failure to display a license plate indicating that the vehicle is registered on an apportionment or allocation basis or carry a trip permit, as outlined in the International Registration Plan, shall constitute prima facie evidence the apportioned or allocated fee has not been paid.

If the Commissioner ascertains that any fees that he is authorized to assess any owner, lessor, or lessee for any license year have not been assessed or have been assessed for less than the law required for the year because of failure or refusal of any owner, lessor, or lessee to make his records available for audit as provided herein, or if any owner, lessor, or lessee misrepresents, falsifies, or conceals any of these records, the Commissioner shall determine from any information obtainable the lawful fees at the rate prescribed for that year, plus a penalty of five percent and interest at the rate of six percent per year, which shall be computed on the fees and penalty from the date the fees became due to the date of assessment, and is authorized to make an assessment therefor against the owner, lessor, or lessee. If the assessment is not paid within 30 days after its date, interest at the rate of six percent per year shall accrue thereon from the date of such assessment until the fees and penalty are paid. The notice of the assessment shall be forthwith sent to the owner, lessor, or lessee by registered or certified mail to the address of the owner, lessor, or lessee as it appears on the records in the office of the Department. The notice, when sent in accordance with these requirements, shall be sufficient regardless of whether it was received.

If any owner, lessor, or lessee fails to pay the fees, penalty, and interest, or any portion thereof, assessed pursuant to this section, in addition to any other provision of law, the Attorney General or the Commissioner shall bring an appropriate action before the Circuit Court of the City of Richmond for the recovery of the fees, penalty, and interest, and judgment shall be rendered for the amount found to be due together with costs. If it is found that the failure to pay was willful on the part of the owner, lessor or lessee, judgment shall be rendered for double the amount of the fees found to be due, plus costs.

B. Notwithstanding any other provision of this title or Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1, the Governor, on the advice of the Department, may enter into reciprocal agreements on behalf of the Commonwealth with the duly authorized representatives of other jurisdictions providing for the road tax registration of vehicles, establishing periodic road tax reporting and road tax payment requirements from owners of such vehicles, and disbursement of funds collected due to other jurisdictions based on mileage traveled and fuel used in those jurisdictions as outlined in the International Fuels Tax Agreement.

Notwithstanding any statute contrary to the provisions of any reciprocal agreement entered into by the Governor or his duly authorized representative as authorized by this title, the provisions of the reciprocal agreement shall govern and apply to all matters relating to administration and enforcement of the road tax. In the event the language of any reciprocal agreement entered into by the Governor as authorized by this title is later amended so that it conflicts with or is contrary to any statute, the Department shall consider the amended language of the reciprocal agreement controlling and shall administer and enforce the road tax in accordance with the amended language of the reciprocal agreement.

An agreement may provide for determining the base state for motor carriers, records requirements, audit procedures, exchange of information, persons eligible for tax licensing, defining qualified motor vehicles, determining if bonding is required, specifying reporting requirements and periods, including defining uniform penalties and interest rates for late reporting, determining methods for collecting and forwarding of motor fuel taxes and penalties to another jurisdiction, and other provisions as will facilitate the administration of the agreement.

The Governor may, as required by the terms of the agreement, forward to officers of another member jurisdiction any information in the Department's possession relative to the use of motor fuels by any motor carrier. The Department may disclose to officers of another state the location of offices, motor vehicles, and other real and personal property of motor carriers.

An agreement may provide for each state to audit the records of motor carriers based in the state to determine if the road taxes due each member jurisdiction are properly reported and paid. Each member jurisdiction shall forward the findings of the audits performed on motor carriers based in the member jurisdiction to each jurisdiction in which the carrier has taxable use of motor fuels. For motor carriers not based in the Commonwealth and which have taxable use of motor fuel in the Commonwealth, the Department may serve the audit findings received from another jurisdiction, in the form of an assessment, on the carrier as though an audit had been conducted by the Department.

Any agreement entered into pursuant to this chapter does not preclude the Department from auditing the records of any motor carrier covered by the provisions of this chapter.

The Department shall not enter into any agreement that would affect the motor fuel road tax rate.

The Department may adopt and promulgate such rules, regulations, and procedures as may be necessary to effectuate and administer this title. Nothing in this title shall be construed to affect the tax rate provisions found in Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1.

C. Notwithstanding any other provision in this title or Title 56, the Governor, on the advice of the Department, may participate in the single state registration system as authorized under 49 U.S.C. § 14504 and 49 C.F.R. Part 367, and the Unified Carrier Registration System authorized under 49 U.S.C. § 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder.

D. Notwithstanding any other provision of this title or Title 58.1, the following violations of laws shall be punished as follows:

1. Any person who operates or causes to be operated on any highway in the Commonwealth any motor vehicle that is not in compliance with the Unified Carrier Registration System authorized under 49 U.S.C. § 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder shall be 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 is not in compliance with Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 or the terms and provisions of the International Fuel Tax Agreement, as amended by the International Fuel Tax Association, Inc., shall be guilty of a Class 4 misdemeanor.

3. Any person who knowingly displays or uses on any vehicle operated by him any registration, license, identification marker or other identification or credential authorized to be issued pursuant to this title, Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1, or the reciprocal agreements entered into pursuant to this chapter that has not been issued to the owner or operator thereof for such vehicle and any person who knowingly assists him to do so shall be guilty of a Class 3 misdemeanor.

E. An officer charging a violation under subsection D 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.

F. Any police officer or size and weight compliance agent of the Commonwealth authorized to serve process may hold a motor vehicle owned or operated by a person against whom an order or penalty has been entered pursuant to this section, §§ 46.2-613.3 and 46.2-1133, the International Registration Plan, the International Fuel Tax Agreement, or the Unified Carrier Registration System authorized under 49 U.S.C. § 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder, 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. Upon notification of the order, judgment, or penalty entered against the offending person and notice to such person of the failure to satisfy the order, judgment or penalty, any investigator, special agent, officer, or size and weight compliance agent of the Commonwealth shall thereafter deny the offending person the right to operate a motor vehicle or vehicles on the highways of the Commonwealth until the order, judgment, or penalty has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

1974, c. 326, § 46.1-157.1; 1978, c. 294; 1989, c. 727; 1995, cc. 744, 803; 2002, c. 239; 2004, c. 376; 2006, c. 208; 2009, c. 563; 2011, cc. 62, 73; 2012, cc. 22, 111.

§ 46.2-703.1. Additional fee for fleets of vehicles registered under § 46.2-703.

In addition to any other fees required to be paid for vehicles registered under the provisions of § 46.2-703, the Department shall charge an administrative fee of one dollar per year per fleet for each application processed. All fees collected under this section shall be used exclusively for the administration and support of reciprocity activities described in § 46.2-703.

1993, c. 83.

§ 46.2-704. Prohibited operations; checking on weights; penalties.

A. No person shall operate or permit the operation of any motor vehicle, trailer, or semitrailer for which the fee for registration is prescribed by § 46.2-697 on any highway in the Commonwealth, under any of the following circumstances:

1. Without first having paid the registration fee hereinabove prescribed.

2. If, at the time of the operation, the gross weight of the vehicle or of the combination of vehicles of which it is a part, is in excess of the gross weight on the basis of which it is registered. In any case where a pickup truck is used in combination with another vehicle, operation shall be unlawful only if the combined gross weight exceeds the combined gross weight on the basis of which each vehicle is registered.

B. Any officer authorized to enforce the motor vehicle laws, having reason to believe that the gross weight of any motor vehicle, trailer, or semitrailer being operated on any highway in the Commonwealth exceeds that on the basis of which the vehicle is registered, may weigh the vehicle by whatever means the Superintendent may prescribe and the operator, or other person in possession of the vehicle, shall permit this weighing whenever requested by the officer.

C. Any person who violates any provision of this section or who operates or permits the operation of a trailer or semitrailer designed for the use of human beings as living quarters, on the highways in the Commonwealth without having first paid to the Commissioner the fee prescribed in subdivision 5 of subsection A of § 46.2-694 is guilty of a Class 2 misdemeanor.

Code 1950, § 46-167; 1958, c. 541, § 46.1-159; 1962, c. 92; 1975, c. 18; 1982, c. 681; 1989, c. 727.

Article 8. Registration of Uninsured Motor Vehicles.

§ 46.2-705. Definitions.

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:

"Motor vehicle" means a vehicle capable of self-propulsion which is either (i) required to be titled and licensed and for which a license fee is required to be paid by its owner, or (ii) owned by or assigned to a motor vehicle manufacturer, distributor, or dealer licensed in the Commonwealth. For the purposes of this article, "motor vehicle" does not include "moped" as defined in § 46.2-100.

"Insured motor vehicle" means a motor vehicle as to which there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in § 46.2-472, issued by an insurance carrier authorized to do business in the Commonwealth, or as to which a bond has been given or cash or securities delivered in lieu of the insurance; or as to which the owner has qualified as a self-insurer in accordance with the provisions of § 46.2-368.

"Uninsured motor vehicle" means a motor vehicle as to which there is no such bodily injury liability insurance and property damage liability insurance, or no such bond has been given or cash or securities delivered in lieu thereof, or the owner of which has not so qualified as a self-insurer.

1958, c. 407, § 46.1-167.2; 1960, c. 188; 1982, c. 638; 1988, c. 865; 1989, c. 727; 2013, c. 783.

§ 46.2-706. Additional fee; proof of insurance required of applicants for registration of insured motor vehicles; verification of insurance; suspension of driver's license, registration certificates, and license plates for certain violations.

A. In addition to any other fees prescribed by law, every person registering an uninsured motor vehicle, as defined in § 46.2-705, at the time of registering or reregistering the uninsured vehicle, shall pay a fee of $500; however, if the uninsured motor vehicle is being registered for a period of less than a full year, the uninsured motor vehicle fee shall be prorated for the unexpired portion of the registration period. If the vehicle is a motor vehicle being registered as provided in subsection B of § 46.2-697, the fee shall be one-fourth of the annual uninsured motor vehicle fee for each quarter for which the vehicle is registered.

B. If the owner of a motor vehicle registered under this article as an uninsured motor vehicle, during the period for which such vehicle is registered, obtains insurance coverage adequate to permit such vehicle's registration as an insured motor vehicle and presents evidence satisfactory to the Commissioner of the existence of such insurance coverage, the Commissioner shall amend the Department's records to show such vehicle to be registered as an insured motor vehicle and shall refund to the owner a prorated portion of the additional fee required by this section for registration of an uninsured motor vehicle. Such proration shall be on a monthly basis, except that no such refund shall be made (i) as to any registration during the last three months of its validity or (ii) on any portion of any such fee required to be paid resulting from a determination by the Department or any court that a vehicle was uninsured and no fee had been paid.

C. Every person applying for registration of a motor vehicle and declaring it to be an insured motor vehicle shall, under the penalties set forth in § 46.2-707, execute and furnish to the Commissioner his certificate that the motor vehicle is an insured motor vehicle as defined in § 46.2-705, or that the Commissioner has issued to its owner, in accordance with § 46.2-368, a certificate of self-insurance applicable to the vehicle sought to be registered. The Commissioner, or his duly authorized agent, may verify that the motor vehicle is properly insured by comparing owner and vehicle identification information on file at the Department of Motor Vehicles with liability information on the owner and vehicle transmitted to the Department by any insurance company licensed to do business in the Commonwealth as provided in § 46.2-706.1. If no record of liability insurance is found, the Department may require the motor vehicle owner to verify insurance in a method prescribed by the Commissioner.

D. The refusal or neglect of any owner within 30 days to submit the liability insurance information when required by the Commissioner or his duly authorized agent, or the electronic notification by the insurance company or surety company that the policy or bond named in the certificate of insurance is not in effect, shall require the Commissioner to suspend any driver's license and all registration certificates and license plates issued to the owner of the motor vehicle until the person (i) has paid to the Commissioner a noncompliance fee of $600 to be disposed of as provided for in § 46.2-710 and (ii) furnishes proof of financial responsibility for the future in the manner prescribed in Article 15 (§ 46.2-435 et seq.) of Chapter 3. No order of suspension required by this section shall become effective until the Commissioner has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. Any request for an administrative hearing made by such person must be received by the Department within 180 days of the issuance date of the order of suspension unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order of suspension was issued. When three years have elapsed from the effective date of the suspension required in this section, the Commissioner may relieve the person of the requirement of furnishing proof of future financial responsibility.

E. The Commissioner shall suspend the driver's license and all registration certificates and license plates of any person on receiving a record of his conviction of a violation of any provisions of § 46.2-707, but the Commissioner shall dispense with the suspension when the person is convicted for a violation of § 46.2-707 and the Department's records show conclusively that the motor vehicle was insured or that the fee applicable to the registration of an uninsured motor vehicle has been paid by the owner prior to the date and time of the alleged offense.

F. The Commissioner may dispense with a suspension for a violation of this section or § 46.2-708 if the person determined to have committed the violation provides to the Commissioner proof that conclusively shows that the motor vehicle in question was insured at the time the Department initiated insurance monitoring under § 46.2-706 or at the time of a violation of § 46.2-708.

1958, c. 407, § 46.1-167.1; 1960, c. 188; 1966, c. 181; 1972, cc. 552, 609, 638; 1973, c. 25; 1974, c. 170; 1975, c. 16; 1976, c. 27; 1978, c. 563; 1981, c. 193; 1984, c. 399; 1986, c. 527; 1988, c. 470; 1989, c. 727; 1993, c. 127; 1996, cc. 474, 489; 1998, c. 404; 2012, cc. 151, 471; 2019, cc. 149, 193.

§ 46.2-706.1. Insurance and surety companies to furnish certain insurance information.

A. Any liability insurance information relating to individually identified vehicles or persons, received from such companies under this section, shall be considered privileged information and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

B. Such information shall be used in conjunction with information supplied under § 46.2-706 to verify insurance for motor vehicles certified by their owners to be insured.

C. Insurance companies licensed to do business in Virginia shall provide to the Department, electronically in a manner prescribed by the Commissioner, updates within 30 days of a policy change to liability insurance for a vehicle registered in Virginia, including liability insurance that satisfies financial responsibility requirements. A policy change occurs when an insurance company (i) issues liability insurance, (ii) cancels liability insurance, (iii) becomes aware of a lapse in liability insurance, (iv) reissues or reinstates liability insurance, or (v) adds a vehicle to an existing liability insurance policy.

D. Insurance companies licensed to do business in Virginia shall respond electronically in a manner prescribed by the Commissioner to a Department request for acknowledgment of liability insurance within 15 days of receiving the request. Insurance companies shall respond to the request by confirming or denying the existence of a policy with the company.

E. Every update of a policy change concerning a liability insurance policy shall include the following information: vehicle identification number, full name of first named insured, vehicle make, and vehicle model year. If available, the following information shall also be included: date of birth for first named insured, full names and dates of birth for all vehicle operators, and Virginia drivers' license numbers or social security numbers for the first named insured and all vehicle operators.

1993, c. 949; 1996, cc. 474, 489; 2009, c. 419; 2019, cc. 149, 193.

§ 46.2-707. Operating uninsured motor vehicle without payment of fee; verification of insurance; false evidence of insurance.

Any person who owns an uninsured motor vehicle (i) licensed in the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii) displaying temporary license plates provided for in § 46.2-1558 who operates or permits the operation of that motor vehicle without first having paid to the Commissioner the uninsured motor vehicle fee required by § 46.2-706, to be disposed of as provided by § 46.2-710, shall be guilty of a Class 3 misdemeanor.

Any person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the Commissioner, shall be guilty of a Class 3 misdemeanor.

The Commissioner or his duly authorized agent, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to verify insurance in a method prescribed by the Commissioner as provided for by § 46.2-706. The refusal or neglect of the owner who has not, prior to the date of operation, paid the uninsured motor vehicle fee required by § 46.2-706 as to such motor vehicle, to provide such verification shall be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation.

Any person who falsely verifies insurance to the Commissioner or gives false evidence that a motor vehicle sought to be registered is an insured motor vehicle, shall be guilty of a Class 3 misdemeanor.

However, the foregoing portions of this section shall not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of § 46.2-609 shall be applicable.

Any person who owns an uninsured motor vehicle (i) licensed in the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii) displaying temporary license plates provided for in § 46.2-1558, and who has not paid the uninsured motor vehicle fee required by § 46.2-706, shall immediately surrender the vehicle's license plates to the Department, unless the vehicle's registration has been deactivated as provided by § 46.2-646.1. Any person who fails to immediately surrender his vehicle's license plates as required by this section is guilty of a Class 3 misdemeanor.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section shall be forwarded to the Commissioner as prescribed by § 46.2-383.

The Commissioner shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays a noncompliance fee of $600 to be disposed of as provided for in § 46.2-710 and furnishes proof of future financial responsibility as prescribed by Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, when three years have elapsed from the date of the suspension herein required, the Commissioner may relieve such person of the requirement of furnishing proof of future financial responsibility. When such suspension results from a conviction for presenting or causing to be presented to the Commissioner false verification as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the Commissioner shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person so convicted for a period of 180 days from the date of such order of suspension, and only then when all other provisions of law have been complied with by such person.

The Commissioner shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section and he shall not thereafter reissue the driver's license until 30 days from the date of such order of suspension.

1958, c. 407, § 46.1-167.3; 1960, c. 188; 1966, cc. 181, 568; 1972, c. 552; 1973, c. 25; 1977, c. 196; 1978, c. 605; 1984, cc. 399, 780; 1986, c. 527; 1989, c. 727; 1996, cc. 474, 489; 2013, cc. 673, 789; 2019, cc. 149, 193.

§ 46.2-707.1. Noncompliance fee payment plan.

A. The Department may establish a noncompliance fee payment plan to allow individuals to pay the fees for a motor vehicle determined to be uninsured as prescribed in § 46.2-706, 46.2-707, or 46.2-708. Notwithstanding §§ 46.2-706, 46.2-707, and 46.2-708, an individual 18 years of age or older whose driver's license and vehicle registration have been suspended pursuant to § 46.2-706, 46.2-707, or 46.2-708 may apply to the Department to enter into a payment plan agreement with a duration of no more than three years from the agreement date, referred to in this section as the "payment plan period."

B. To be eligible to enter into the payment plan, the individual must (i) have one or more outstanding suspensions of driving privileges pursuant to the provisions of § 46.2-706, 46.2-707, or 46.2-708 and have no other outstanding suspensions or revocations; (ii) meet all other conditions for reinstatement of driving privileges; and (iii) have not defaulted twice on the same uninsured motor vehicle payment plan agreement.

C. An eligible individual who pays a $25 administrative fee when entering into a payment plan agreement or when reentering into a payment plan agreement with the Department, and pays the reinstatement fee pursuant to §§ 46.2-333.1 and 46.2-411, if required, shall be eligible to have his driving privileges reinstated by the Department.

D. The amount and frequency of each payment and the duration of the payment plan shall be described in the payment plan agreement signed by the Department and the individual. Payments may be made in person, online, by telephone, or by mail. The full fee must be paid in no more than three years from the agreement date; however, an individual may repay the balance of the fee at any time during the payment plan period with no penalty.

E. If an individual defaults on the payment plan agreement, the Commissioner shall suspend the driver's license and all registration certificates and license plates issued to the owner of the motor vehicle determined to be uninsured. Such driver's license, registration certificates, and license plates shall remain suspended until the individual pays the balance of the fee applicable to the registration of an uninsured motor vehicle as prescribed in § 46.2-706, 46.2-707, or 46.2-708 and furnishes proof of future financial responsibility as prescribed by Article 15 (§ 46.2-435 et seq.) of Chapter 3. An individual is in default if he (i) pays an installment payment late as defined in the payment plan agreement or (ii) fails to make an installment payment as agreed to in the payment plan agreement. If an individual is in default and is ineligible to reenter the payment plan, full payment of the balance of the fee shall be due as agreed to in the payment plan agreement. The Commissioner may extend the due date of any installment payment for not more than 30 days if the Department is unable to process an installment payment due to circumstances beyond its control.

F. When all fees are paid, the individual shall continue to furnish proof of financial responsibility pursuant to Article 15 (§ 46.2-435 et seq.) of Chapter 3 and § 46.2-709.

G. Installment payments of the fee with respect to the motor vehicle determined to be uninsured shall be disposed of pursuant to § 46.2-710. The administrative fee shall be paid to the Commissioner and deposited into the state treasury account set aside in a special fund to be used to meet the necessary expenses incurred by the Department.

2016, c. 590; 2019, cc. 149, 193.

§ 46.2-708. Suspension of driver's license and registration when uninsured motor vehicle is involved in reportable accident; hearing prior to suspension.

When it appears to the Commissioner from the records of his office or from a report submitted by an insurance company licensed to do business in the Commonwealth that an uninsured motor vehicle as defined in § 46.2-705, subject to registration in the Commonwealth, is involved in a reportable accident in the Commonwealth resulting in death, injury or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in § 46.2-706, the Commissioner shall, in addition to enforcing the applicable provisions of Article 13 (§ 46.2-417 et seq.) of Chapter 3, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with Article 13 of Chapter 3 and has paid to the Commissioner a noncompliance fee of $600, to be disposed of as provided by § 46.2-710, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, no order of suspension required by this section shall become effective until the Commissioner has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. Any request for an administrative hearing made by such person must be received by the Department within 180 days of the issuance date of the order of suspension unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order of suspension was issued.

However, when three years have elapsed from the effective date of the suspension herein required, the Commissioner may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this Commonwealth, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined, or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the Department prior to the date and time of the accident, shall be sufficient bar to the suspension provided for in this section.

1958, c. 407, § 46.1-167.4; 1960, c. 188; 1966, cc. 181, 548; 1970, c. 68; 1972, cc. 552, 638, 729; 1973, c. 25; 1974, c. 604; 1978, c. 563; 1981, c. 193; 1984, cc. 399, 780; 1988, c. 470; 1989, c. 727; 1998, c. 404; 2012, cc. 151, 471; 2019, cc. 149, 193.

§ 46.2-709. Requiring other proof of financial responsibility; suspended driver's license, registration certificate and license plates to be returned to Commissioner; Commissioner may take possession thereof.

Whenever any proof of financial responsibility filed by any person as required by this article no longer fulfills the purpose for which required, the Commissioner shall require other proof of financial responsibility as required by this article and shall suspend such person's driver's license, registration certificates, and license plates and decals pending the furnishing of proof as required.

Any person whose driver's license or registration certificates, or license plates and decals have been suspended as provided in this article and have not been reinstated shall immediately return every such license, registration certificate, and set of license plates and decals held by him to the Commissioner. Any person failing to comply with this requirement shall be guilty of a traffic infraction and upon conviction thereof shall be punished as provided in § 46.2-113.

The Commissioner is authorized to take possession of any license, registration certificate, or set of license plates and decals on their suspension under the provisions of this chapter or to direct any police officer to take possession of and return them to the office of the Commissioner.

1958, c. 407, § 46.1-167.5; 1960, c. 188; 1972, cc. 435, 609; 1976, c. 156; 1978, c. 605; 1984, c. 780; 1989, cc. 705, 727.

§ 46.2-710. Disposition of funds collected.

From every noncompliance fee collected by the Commissioner under the provisions of this article, the Commissioner shall retain $100 to be placed in a special fund in the state treasury to be used to meet the expenses of the Department. All other funds collected by the Commissioner under the provisions of this article shall be paid into the state treasury and held in a special fund to be known as the Uninsured Motorists Fund to be disbursed as provided by law. The Commissioner may expend moneys from such funds, for the administration of this article, in accordance with the general appropriation act.

1958, c. 407, § 46.1-167.6; 1989, c. 727; 2019, cc. 149, 193.

Article 9. License Plates, Generally.

§ 46.2-711. Furnishing number and design of plates; displaying on vehicles required.

A. The Department shall furnish one license plate for every registered moped, motorcycle, autocycle, tractor truck, semitrailer, or trailer, and two license plates for every other registered motor vehicle, except to licensed motor vehicle dealers and persons delivering unladen vehicles who shall be furnished one license plate. The license plates for trailers, semitrailers, commercial vehicles, and trucks, other than license plates for dealers, may be of such design as to prevent removal without mutilating some part of the indicia forming a part of the license plate, when secured to the bracket.

B. The Department shall issue appropriately designated license plates for:

1. Passenger-carrying vehicles for rent or hire for the transportation of passengers for private trips, other than TNC partner vehicles as defined in § 46.2-2000 and emergency medical services vehicles pursuant to clause (iii) of § 46.2-649.1:1;

2. Taxicabs;

3. Passenger-carrying vehicles operated by common carriers or restricted common carriers;

4. Property-carrying motor vehicles registered pursuant to § 46.2-697 except pickup or panel trucks as defined in § 46.2-100;

5. Applicants, other than TNC partners as defined in § 46.2-2000 and emergency medical services vehicles pursuant to clause (iii) of § 46.2-649.1:1, who operate motor vehicles as passenger carriers for rent or hire;

6. Vehicles operated by nonemergency medical transportation carriers as defined in § 46.2-2000; and

7. Trailers and semitrailers.

C. The Department shall issue appropriately designated license plates for motor vehicles held for rental as defined in § 58.1-1735.

D. The Department shall issue appropriately designated license plates for low-speed vehicles.

E. The Department shall issue appropriately designated license plates for military surplus motor vehicles registered pursuant to § 46.2-730.1.

F. No vehicles shall be operated on the highways in the Commonwealth without displaying the license plates required by this chapter. The provisions of this subsection shall not apply to vehicles used to collect and deliver the United States mail to the extent that their rear license plates may be covered by the "CAUTION, FREQUENT STOPS, U.S. MAIL" sign when the vehicle is engaged in the collection and delivery of the United States mail.

G. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, §§ 46-96, 46-160; 1950, p. 625; 1954, c. 211; 1958, c. 541, § 46.1-99; 1974, cc. 150, 477; 1989, c. 727; 1993, c. 290; 1995, c. 46; 1997, cc. 774, 816; 2001, c. 596; 2005, c. 140; 2011, cc. 405, 639, 881, 889; 2013, c. 783; 2014, cc. 53, 256; 2015, cc. 2, 3; 2016, cc. 125, 133; 2017, cc. 670, 790, 815; 2018, c. 555.

§ 46.2-712. Requirements of license plates and decals.

A. Every license plate shall display the registration number assigned to the motor vehicle, trailer, or semitrailer and to the owner thereof, the name of the Commonwealth, which may be abbreviated, and the year or the month and year, which may be abbreviated and in the form of decals, for which it is issued. Subject to the need for legibility, the size of the plate, the letters, numerals, and decals thereon, and the color of the plate, letters, numerals, and decals shall be in the discretion of the Commissioner. Decals shall be placed on the license plates in the manner prescribed by the Commissioner, and shall indicate the month and year of expiration. On the issuance of the decals, a new registration card shall be issued with the same date of expiration as the decals.

B. Notwithstanding any other provision of this title, the Department may issue permanent license plates without decals and without a month and year of expiration for all trailers and semitrailers, regardless of weight; trucks and tractor trucks with a gross vehicle weight rating or gross combination weight rating of more than 26,000 pounds; taxicabs or other motor vehicles performing a taxicab service; and common carrier vehicles operated for hire, both of the latter as defined in § 46.2-2000 that are in compliance with the requirements of Chapter 20 (§ 46.2-2000 et seq.) of this title. In addition, the Department may issue permanent license plates without decals and without a month and year of expiration for trucks and tractor trucks with gross vehicle weight ratings or gross combination weight ratings of at least 7,501 pounds but not more than 26,000 pounds, provided that such vehicles are for business use only, and for farm vehicles registered with the Department pursuant to § 46.2-698.

C. Notwithstanding any contrary provision of this section, any person who, pursuant to former § 56-304.3, repealed by Chapters 744 and 803 of the Acts of Assembly of 1995, obtained from the State Corporation Commission an exemption from the marker or decal requirements of former § 56-304, 56-304.1 or 56-304.2, and who has painted or, in the case of newly acquired vehicles, who paints an identifying number on the sides of any vehicle with respect to which such exemption applies and, in all other respects, continues to comply with the requirements of former § 56-304.3, shall be deemed to be in compliance with § 46.2-2011.23 and subdivision 18 of § 46.2-2011.24.

Code 1950, § 46-97; 1958, c. 541, § 46.1-101; 1972, c. 609; 1974, c. 170; 1988, c. 701; 1989, c. 727; 1997, c. 283; 1999, c. 593; 2000, c. 133; 2005, c. 301.

§ 46.2-713. License plates and decals remain property of Department.

Every license plate and decal issued by the Department shall remain the property of the Department and shall be subject to be revoked, cancelled, and repossessed by the Department at any time as provided in this title.

Code 1950, § 46-98; 1958, c. 541, § 46.1-102; 1972, c. 609; 1989, c. 727.

§ 46.2-714. Permanent license plates.

Notwithstanding the provisions of §§ 46.2-711 and 46.2-712 the Department may, in its discretion, issue a type of license plate suitable for permanent use on motor vehicles, trailers, semitrailers, and motorcycles, together with decals, unless decals are not required under § 46.2-712, to be attached to the license plates to indicate the registration period for which such vehicles have been properly licensed. The design of the license plates and decals, when required, shall be determined by the Commissioner.

Every permanent license plate and decal, when required, shall be returned to the Department whenever the owner of a vehicle disposes of it by sale or otherwise and when not actually in use on a motor vehicle, except dealer's plates temporarily not in use. The person in whose name the license plate is registered may apply, during the registration period for which it is issued, for the return thereof if the license plate is intended to be used on a subsequently acquired motor vehicle.

Every permanent license plate and decal, when issued, shall be returned to the Department whenever the owner of a vehicle elects to garage the vehicle and discontinue the use of it on the highway. The person in whose name the license plate is registered may apply, during the registration period for which it is issued, for the return thereof if the vehicle is to be returned to use on the highway.

For the purposes of this section, the term "motor vehicle" does not include a "moped" as defined in § 46.2-100.

Code 1950, § 46-99; 1958, c. 541, § 46.1-103; 1972, c. 609; 1989, c. 727; 1997, c. 283; 2013, c. 783.

§ 46.2-715. Display of license plates.

License plates assigned to a motor vehicle, other than a moped, motorcycle, autocycle, tractor truck, trailer, or semitrailer, or to persons licensed as motor vehicle dealers or transporters of unladen vehicles, shall be attached to the front and the rear of the vehicle. The license plate assigned to a moped, motorcycle, autocycle, trailer, or semitrailer shall be attached to the rear of the vehicle. The license plate assigned to a tractor truck shall be attached to the front of the vehicle. The license plates issued to licensed motor vehicle dealers and to persons licensed as transporters of unladen vehicles shall consist of one plate for each set issued and shall be attached to the rear of the vehicle to which it is assigned.

For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-101; 1954, c. 210; 1958, c. 541, § 46.1-106; 1972, c. 609; 1974, c. 150; 1989, c. 727; 2013, c. 783; 2014, cc. 53, 256; 2017, c. 670.

§ 46.2-716. How license plates fastened to vehicle; altering appearance of license plates.

A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned:

1. So as to prevent the plate from swinging,

2. In a position to be clearly visible, and

3. In a condition to be clearly legible.

B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible.

C. The Superintendent may make such regulations as he may deem advisable to enforce the proper mounting and securing of the license plate on the vehicle.

D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-102; 1958, c. 541, § 46.1-107; 1960, c. 119; 1986, c. 186; 1989, c. 727; 2000, c. 258; 2001, c. 19; 2006, c. 549; 2017, c. 670.

§ 46.2-717. Repealed.

Repealed by Acts 1997, c. 486.

§ 46.2-718. Use of old license plates or decals after application for new.

An owner who has applied for renewal of registration of a motor vehicle, trailer, or semitrailer fifteen days prior to the day the registration period begins, but who has not received the license plates, decals, or registration card for the ensuing registration period shall be entitled to operate or permit the operation of the vehicle on the highways on displaying on the vehicle the license plates or decals issued for the preceding registration period for such time to be prescribed by the Department as it may find necessary to issue new license plates or decals.

Code 1950, § 46-104; 1958, c. 541, § 46.1-109; 1972, c. 609; 1989, c. 727.

§ 46.2-719. Permit for emergency use of license plates.

A. The Commissioner may, in his discretion, grant a special permit for the use of license plates on a vehicle other than the vehicle for which the license plates were issued, when the vehicle for which the license plates were issued is undergoing repairs in a licensed motor vehicle dealer's repair shop and when the license plates are being used on a vehicle owned by the dealer in whose repair shop the vehicle is being repaired.

B. Application for the permit shall be made jointly by the dealer and the person whose vehicle is being repaired, on forms provided by the Department and shall show, in addition to whatever other information may be required by the Commissioner, that an emergency exists which would warrant the issuance of the permit.

C. The permit shall be evidenced by a certificate, issued by the Commissioner, which shall show the date of issuance, the person to whom issued, the motor number, serial number or identification number of the vehicle on which the license plates are to be used, and shall be in the immediate possession of the person operating the vehicle at all times while operating it. The certificate shall be valid for a period of five days from its issuance. On its expiration, application may be made for a renewal permit in the manner provided for the original permit, but only one renewal permit shall be issued to cover any one emergency.

D. The Commissioner may, subject to the limitations and conditions set forth in this section, authorize a motor vehicle dealer licensed in the Commonwealth to issue such permit on behalf of the Commissioner in accordance with the provisions of subsections A, B, and C of this section provided such permits are issued only with regard to the transfer in an emergency situation of license plates from a vehicle undergoing repairs in that dealer's repair shop. Any dealer to whom the authority is delegated by the Commissioner shall use the forms provided by the Commissioner and shall maintain in permanent form a record of all permits issued by him and any other relevant information that may be required by the Commissioner. Each record shall be kept by the dealer for not less than three years from the date of entry. The dealer shall allow full access to these records, during regular business hours, to duly authorized representatives of the Department and to law-enforcement officers. One copy of any permit of this kind issued by a dealer and the application form submitted for the permit shall be filed promptly by the dealer with the Department. The Commissioner, on determining that the provisions of this section or the directions of the Department are not being complied with by a dealer, may suspend the right of such dealer to issue license plate transfer permits.

Code 1950, § 46-104.1; 1952, c. 537; 1958, c. 541, § 46.1-110; 1978, c. 289; 1989, c. 727.

§ 46.2-720. Use of license plates from another vehicle in certain circumstances.

The owner of a motor vehicle to which license plates have been assigned by the Department may remove the license plates from the motor vehicle and use them on another motor vehicle owned by a person operating a garage or owned by a motor vehicle dealer provided such use does not extend for more than five days and provided the use is limited to the time during which the first motor vehicle is being repaired or while the second motor vehicle is loaned to him for demonstration, as provided by § 46.2-719.

For the purposes of this section, the term "motor vehicle" does not include a "moped" as defined in § 46.2-100.

1960, c. 457, § 46.1-110.1; 1989, c. 727; 2013, c. 783.

§ 46.2-721. Application of liability insurance policy to vehicle carrying plates from insured vehicle.

The policy of liability insurance issued to the owner of a motor vehicle and covering the operation thereof shall extend to and be the primary insurance applicable to his operation of a motor vehicle on which he has placed license tags from another motor vehicle as provided in § 46.2-720.

For the purposes of this section, the term "motor vehicle" does not include a "moped" as defined in § 46.2-100.

1960, c. 457, § 46.1-110.2; 1989, c. 727; 2013, c. 783.

§ 46.2-722. Altered or forged license plates or decals; use as evidence of knowledge.

Any person who, with fraudulent intent, alters any license plate or decal issued by the Department or by any other state, forges or counterfeits any license plate or decal purporting to have been issued by the Department under the provisions of this title or by any other state under a similar law or who, with fraudulent intent, alters, falsifies, or forges any assignment thereof, or who holds or uses any license plate or decal knowing it to have been altered, forged, or falsified, shall be guilty of a Class 1 misdemeanor.

The owner of a vehicle who operates it while it displays altered or forged license plates or decals shall be presumed to have knowledge of the alteration or forgery.

Code 1950, § 46-12; 1958, c. 541, § 46.1-112; 1972, c. 609; 1982, c. 247; 1989, c. 727.

§ 46.2-723. License plates for transporting mobile homes used as temporary offices at construction sites.

The Department shall issue to persons engaged in the business of transporting from one construction site to another mobile homes or house trailers used on those sites as temporary offices, license plates to be affixed to such mobile homes or house trailers while being transported. The plates shall not be issued or used to transport mobile homes or house trailers which exceed normally permissible load dimensions. The fee for each plate issued under this section shall be twenty-two dollars per year.

1986, c. 226, § 46.1-44.1; 1989, c. 727.

§ 46.2-724. Operation for hire of certain vehicles registered as not-for-hire; penalty.

If a motor vehicle of over 10,000 pounds registered gross weight that is registered to be operated exclusively not-for-hire is operated for-hire, the licensee shall be guilty of a traffic infraction. This penalty shall be in addition to the penalty prescribed by § 46.2-704.

Code 1950, § 46-168; 1950, p. 625; 1956, c. 477; 1958, c. 541, § 46.1-160; 1978, c. 605; 1982, c. 672; 1989, c. 727; 1995, c. 46; 1997, cc. 774, 816.

Article 10. Special License Plates.

§ 46.2-725. Special license plates, generally.

A. No series of special license plates shall be created or issued by the Commissioner or the Department except as authorized pursuant to this article. No special license plates in any series not provided for pursuant to this article and no registration decal for any such license plate shall be issued, reissued, or renewed on or after July 1, 1995. However, subject to the limitations contained in subdivisions 1 and 2 of subsection B of this section, the Commissioner may issue, when feasible, special license plates that are combinations of no more than two series of special license plates authorized pursuant to this article and currently issued by the Department; in addition to the state registration fee, the fee for any such combination shall be equal to the sum of the fees for the two series plus the fee for reserved numbers and letters, if applicable. The provisions of subdivisions 1 and 2 of subsection B of this section shall not apply to special license plates that are combinations of two series of special license plates authorized pursuant to this article and currently issued by the Department if one of the two combined designs, when feasible, incorporates or includes the international symbol of access.

B. Except as otherwise provided in this article:

1. No special license plates shall be considered for authorization by the General Assembly unless and until the individual, group, entity, organization, or other entity seeking the authorization of such special license plates shall have demonstrated to the satisfaction of the General Assembly that they meet the issuance requirements set forth in this subdivision. For the purposes of this article, each prepaid application shall be on a form prescribed by the Department and, excluding the vehicle registration fee, shall include the proposed or authorized fee for the issuance of the proposed or authorized special license plates and, if applicable, the annual fee for reserved numbers or letters prescribed under § 46.2-726. Once authorized by the General Assembly, no license plates provided for in this article shall be developed and issued by the Department until the Commissioner receives at least 450 prepaid applications therefor within 30 days of the effective date of the authorization associated with the applications. If the end of the 30-day period falls on a Saturday, Sunday, or holiday, the 30-day period shall end on the following business day.

2. No additional license plates shall be issued or reissued in any series that, after five or more years of issuance, has fewer than 200 active sets of plates. No such license plates shall be issued or reissued unless reauthorized by the General Assembly. Such reauthorized license plates shall remain subject to the provisions of this article.

3. The annual fee for the issuance of any license plates issued pursuant to this article shall be $10 plus the prescribed fee for state license plates. Applications for all special license plates issued pursuant to this article shall be on forms prescribed by the Commissioner. All special license plates issued pursuant to this article shall be of designs prescribed by the Commissioner and shall bear unique letters and numerals, clearly distinguishable from any other license plate designs, and be readily identifiable by law-enforcement personnel.

No other state license plates shall be required on any vehicles bearing special license plates issued under the provisions of this article.

All fees collected by the Department under this article shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

C. The provisions of this article relating to registration fees shall apply only to those vehicles registered as passenger cars, motor homes, and pick-up or panel trucks, as defined in § 46.2-100. All other vehicle types registered with special license plates shall be subject to the appropriate special license plate fees, registration fees and other fees prescribed by law for such vehicle types.

D. For special license plates that generate revenues that are shared with entities other than the Department, hereinafter referred to as "revenue sharing special license plates," the General Assembly shall review all proposed revenue sharing special license plate authorizations to determine whether the revenues are to be shared with entities or organizations that (i) provide to the Commonwealth or its citizens a broad public service that is to be funded, in whole or in part, by the proposed revenue sharing special license plate authorization and (ii) are at least one of the following:

1. A nonprofit corporation as defined in § 501(c)(3) of the United States Internal Revenue Code;

2. An agency, board, commission, or other entity established or operated by the Commonwealth;

3. A political subdivision of the Commonwealth; or

4. An institution of higher education whose main campus is located in Virginia.

No revenue sharing special license plate authorization shall be approved if, as determined by the General Assembly, it does not meet the criteria set forth in this subsection.

E. No special license plates authorized pursuant to this article shall be issued to or renewed for any owner or co-owner of a vehicle who is registered pursuant to the Sex Offender and Crimes Against Minors Registry Act (§ 9.1-900 et seq.) if the design of such special license plates, including any logo, emblem, seal, or symbol therein, references children or children's programs or if any revenue-sharing provision authorized for such special license plates contributes, directly or indirectly, to any fund or program established for the benefit of children.

1989, c. 727; 1995, c. 747; 1996, cc. 922, 1026; 1997, cc. 774, 816; 2003, c. 923; 2004, c. 747; 2005, c. 294; 2006, c. 550; 2011, c. 115; 2016, cc. 143, 430.

§ 46.2-725.1. Repealed.

Repealed by Acts 1995, c. 747.

§ 46.2-725.2. Special license plates for certain business entities with fleets of vehicles registered in the Commonwealth.

A. Notwithstanding the provisions of §§ 46.2-725 and 46.2-726, upon application by certain business entities with vehicle fleets registered in the Commonwealth, the Commissioner may develop and issue special license plates bearing the logos of such businesses in accordance with policies and procedures established by the Commissioner for the issuance of license plates and in accordance with the following provisions:

1. Any business wishing to obtain these special license plates must (i) have a fleet of at least 100 vehicles registered in the Commonwealth, (ii) utilize one of the Department's online electronic fleet titling and registration systems to obtain title and registration documents for its vehicles, and (iii) enter into an agreement with the Department for the use of the business's logo.

2. Any business that enters into an agreement with the Department for the issuance of license plates under this section thereby waives any royalty fees to which it might otherwise be entitled for use of its logo.

3. Any initial request for license plates under this section shall be accompanied by an administrative fee as follows: (i) for 100-199 vehicles in a fleet, a fee of $4,500; (ii) for 200-349 vehicles in a fleet, a fee of $4,200; or (iii) for more than 349 vehicles in a fleet, a fee of $4,000.

4. For each set of license plates issued under this section without reserved numbers or letters, the Commissioner shall charge, in addition to the prescribed fee for state license plates, a one-time fee of $5. The fee for a replacement set of license plates issued under this section without reserved numbers or letters shall be $5.

5. For each set of license plates issued under this section with reserved letters or numbers as provided for in § 46.2-726, in lieu of the fees prescribed by that section, the Commissioner shall charge, in addition to the prescribed fee for state license plates, a one-time fee of $15. The fee for a replacement set of license plates issued under this section with reserved numbers or letters shall be $15.

B. License plates may be issued under this section to vehicles of any type registered by the Department, including those registered under the International Registration Plan.

C. 1. Subsequent to the development of license plates for a business pursuant to subsection A, a business may agree to permit the use of such plates on vehicles not in the company fleet. Written authorization from the business shall be required to obtain or retain any license plates issued pursuant to this subsection. The business may withdraw any such authorization at any time.

2. Upon receipt of written authorization and an application, the Commissioner shall issue to the applicant license plates bearing the logo of the business. The annual fee for each set of license plates issued under this subsection shall be $10 plus the prescribed fee for state license plates. For each set of license plates issued under this subsection bearing reserved numbers or letters, the annual fee shall be the same as for those issued under § 46.2-726.

3. The fee for a replacement set of license plates issued under this subsection shall be as required by § 46.2-692.

4. License plates issued under this subsection shall not be issued through one of the Department's online electronic fleet titling and registration systems.

5. The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this subsection.

2011, c. 56; 2012, cc. 22, 111.

§ 46.2-725.3. Special license plates for recipients of certain military decorations.

A. No special license plate for recipients of a military decoration shall be considered by the General Assembly unless and until the person or entity seeking the authorization of such special plate has demonstrated to the satisfaction of the General Assembly the order of precedence of such military decoration as determined by the federal Department of Defense or other relevant federal agency.

B. Any special license plate for recipients of a military decoration falling below the Medal of Honor and above the Purple Heart in order of precedence shall be authorized for issuance by the Department with a $10 one-time fee in addition to the prescribed cost of state license plates. Any special license plate for recipients of a military decoration falling below the Purple Heart in the order of precedence shall be authorized for issuance by the Department with a $10 annual special license plate fee in addition to the prescribed cost of state license plates. Special license plates for recipients of the Purple Heart shall be issued as provided in § 46.2-742. The Department is authorized to issue an additional plate reflecting the "V" for Valor for any plate currently issued by the Department reflecting a military decoration that the federal Department of Defense or other relevant federal agency has determined is eligible for the "V" for Valor Device. The Department shall charge only the prescribed cost of state license plates for any plate design reflecting the "V" for Valor Device.

C. Notwithstanding § 46.2-725, special license plates for the recipients of a military decoration are exempt from subdivisions B 1 and 2 of § 46.2-725. Unremarried surviving spouses of individuals eligible to receive such special license plates are also authorized to receive such special license plates.

2021, Sp. Sess. I, c. 145.

§ 46.2-726. License plates with reserved numbers or letters; fees.

The Commissioner may, in his discretion, reserve license plates with certain registration numbers or letters or combinations thereof for issuance to persons requesting license plates so numbered and lettered. However, no such reserved license plates shall be issued to or renewed for any owner or co-owner of a vehicle who is registered pursuant to the Sex Offender and Crimes Against Minors Registry Act (§ 9.1-900 et seq.) if the requested registration numbers or letters or combination thereof could be read, interpreted, or understood to be a reference to children.

License plates with reserved numbers or letters may be issued for and displayed on emergency medical services vehicles operated by emergency medical services agencies.

The annual fee or, in the case of permanent license plates for trailers and semitrailers, the one-time fee, for the issuance of any license plates with reserved numbers or letters shall be $10 plus the prescribed fee for state license plates. If those license plates with reserved numbers or letters are subject to an additional fee beyond the prescribed fee for state license plates, the fee for such special license plates with reserved numbers or letters shall be $10 plus the additional fee for the special license plates plus the prescribed fee for state license plates.

The annual fee for reissuing license plates with the same combination of letters and numbers as license plates that were previously issued but not renewed shall be $10 plus the prescribed fee for state license plates. If those license plates are special license plates subject to an additional fee beyond the prescribed fee for state license plates, the fee shall be $10 plus the additional fee for the special license plates plus the prescribed fee for state license plates.

1972, c. 427, § 46.1-105.2; 1987, c. 696; 1989, c. 727; 1992, c. 141; 1995, c. 747; 1997, cc. 94, 283; 2000, c. 126; 2001, c. 20; 2015, cc. 502, 503; 2016, cc. 143, 430.

§ 46.2-727. Bicentennial license plates and decals; fees.

Bicentennial license plates and decals issued to any properly registered passenger motor vehicle from January 1, 1976, through December 31, 1981, may continue in use for a period determined by the Commissioner if the proper fee is paid as required in § 46.2-694.

1975, c. 206, § 46.1-105.5; 1980, c. 24; 1989, c. 727.

§ 46.2-728. Special license plates incorporating the Great Seal of Virginia; fees.

On receipt of an application, the Commissioner shall issue license plates incorporating the Great Seal of Virginia. These license plates shall be valid for whatever period the Commissioner determines.

For each set of license plates issued under this section the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of twenty-five dollars.

1985, c. 547, § 46.1-105.14; 1987, c. 696; 1989, c. 727.

§ 46.2-728.1. Special license plates incorporating the official bird and the floral emblem of the Commonwealth; fee.

On receipt of an application, the Commissioner shall issue license plates incorporating the official bird and the floral emblem of the Commonwealth. These license plates shall be valid for whatever period the Commissioner determines.

For each set of license plates issued under this section the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars at the time the plates are issued.

1992, cc. 142, 631.

§ 46.2-728.2. Special license plates displaying a scenic design of Virginia; fees.

On receipt of an application, the Commissioner shall issue license plates displaying a scenic design of Virginia. These license plates shall be valid for whatever period the Commissioner determines.

For each set of license plates issued under this section the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars at the time the plates are issued.

1992, cc. 142, 631.

§ 46.2-728.3. Special license plates displaying the official insect of the Commonwealth; fees.

On receipt of an application, the Commissioner shall issue license plates displaying the official insect of the Commonwealth as designated by § 1-510.

1994, c. 183; 1995, c. 747; 2005, c. 839.

§ 46.2-729. Repealed.

Repealed by Acts 1995, c. 747.

§ 46.2-729.1. Presidential inauguration license plates.

Notwithstanding any other provisions of law, presidential inauguration license plates duly issued by the District of Columbia may be displayed on any motor vehicle duly registered and licensed in Virginia in lieu of license plates assigned to that motor vehicle. Such presidential license plates shall not be displayed except for the period beginning January 1 through the last day of March in the year of such inauguration.

1997, cc. 774, 816.

§ 46.2-730. License plates for antique motor vehicles and antique trailers; fee.

A. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner shall issue appropriately designed license plates to owners of antique motor vehicles and antique trailers. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates of any of these vehicles shall be a one-time fee of $50.

B. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner may authorize for use on antique motor vehicles and antique trailers Virginia license plates manufactured prior to 1976 and designed for use without decals, if such license plates are embossed with or are of the same year of issue as the model year of the antique motor vehicle or antique trailer on which they are to be displayed. Original metal year tabs issued in place of license plates for years 1943 and 1952 and used with license plates issued in 1942 and 1951, respectively, also may be authorized by the Commissioner for use on antique motor vehicles and antique trailers that are of the same model year as the year the metal tab was originally issued. These license plates and metal tabs shall remain valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and permission to use the license plates and metal tabs on any of these vehicles shall be a one-time fee of $50. If more than one request is made for use, as provided in this section, of license plates having the same number, the Department shall accept only the first such application.

C. Notwithstanding the provisions of §§ 46.2-711 and 46.2-715, antique motor vehicles may display single license plates if the original manufacturer's design of the antique motor vehicles allows for the use of only single license plates or if the license plate was originally issued in one of the following years and is displayed in accordance with the provisions of subsection B: 1906, 1907, 1908, 1909, 1945, or 1946.

D. Antique motor vehicles and antique trailers registered with license plates issued or authorized for use under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used:

1. For participation in club activities, exhibits, tours, parades, and similar events;

2. On the highways of the Commonwealth for the purpose of testing their operation or selling the vehicle or trailer, obtaining repairs or maintenance, transportation to and from events as described in subdivision 1, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner; and

3. To carry or transport (i) passengers in the antique motor vehicles, (ii) personal effects in the antique motor vehicles and antique trailers, or (iii) other antique motor vehicles being transported for show purposes.

The registration card issued to an antique motor vehicle or an antique trailer registered pursuant to subsections A, B, and C shall indicate such vehicle or trailer is for limited use.

E. Owners of motor vehicles and trailers applying for registration pursuant to subsections A, B and C shall submit to the Department, in the manner prescribed by the Department, certifications that such vehicles or trailers are capable of being safely operated on the highways of the Commonwealth.

Pursuant to § 46.2-1000, the Department shall suspend the registration of any vehicle or trailer registered with license plates issued under this section that the Department or the Department of State Police determines is not properly equipped or otherwise unsafe to operate. Any law-enforcement officer shall take possession of the license plates, registration card and decals, if any, of any vehicle or trailer registered with license plates issued under this section when he observes any defect in such vehicle or trailer as set forth in § 46.2-1000.

F. Antique motor vehicles and antique trailers displaying license plates issued or authorized for use pursuant to subsections B and C may be used for general transportation purposes if the following conditions are met:

1. The physical condition of the vehicle's license plate or plates has been inspected and approved by the Department;

2. The license plate or plates are registered to the specific vehicle by the Department;

3. The owner of the vehicle periodically registers the vehicle with the Department and pays a registration fee for the vehicle equal to that which would be charged to obtain regular state license plates for that vehicle;

4. The vehicle passes a periodic safety inspection as provided in Article 21 (§ 46.2-1157 et seq.) of Chapter 10;

5. The vehicle displays current decals attached to the license plate, issued by the Department, indicating the valid registration period for the vehicle; and

6. When applicable, the vehicle meets the requirement of Article 22 (§ 46.2-1176 et seq.) of Chapter 10.

If more than one request is made for use, as provided in this subsection, of license plates having the same number, the Department shall accept only the first such application. Only vehicles titled to the person seeking to use license plates as provided in this subsection shall be eligible to use license plates as provided in this subsection.

G. Nothing in this section shall be construed as prohibiting the use of an antique motor vehicle to tow a trailer or semitrailer.

H. Any owner of an antique motor vehicle or antique trailer registered with license plates pursuant to this section who is convicted of a violation of this section is guilty of a Class 4 misdemeanor. Upon receiving a record of conviction of a violation of this section, the Department shall revoke and not reinstate the owner's privilege to register the vehicle operated in violation of this section with license plates issued or authorized for use pursuant to this section for a period of five years from the date of conviction.

I. Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcycle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (i) evidence of owning or having regular use of another autocycle, passenger car, or motorcycle as required under subsections A and B, and (ii) the certification required pursuant to subsection E.

Code 1950, § 46-99.1; 1954, c. 60; 1958, c. 541, § 46.1-104; 1980, c. 359; 1986, c. 8; 1989, cc. 338, 727; 1999, c. 292; 2000, c. 259; 2004, c. 796; 2007, c. 492; 2008, c. 159; 2014, cc. 53, 256.

§ 46.2-730.1. License plates for military surplus motor vehicles; fee; penalty.

A. On receipt of an application and evidence that the applicant owns or has regular use of another passenger car, autocycle, or motorcycle, the Commissioner shall issue a registration card and appropriately designed license plates to owners of military surplus motor vehicles. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates for any of these vehicles shall be a one-time fee of $100.

B. Military surplus motor vehicles registered with license plates issued under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used:

1. For participation in off-road events, on-road club activities, exhibits, tours, parades, and similar events; and

2. On the highways of the Commonwealth for the purpose of selling the vehicle, obtaining repairs or maintenance, transportation to and from events as described in subdivision 1, and occasional pleasure driving not exceeding 125 miles from the address at which the vehicle is stored for use.

The registration card issued to the owner of a military surplus motor vehicle registered pursuant to this section shall indicate that such vehicle is for limited use.

C. Any owner of a military surplus motor vehicle applying for registration pursuant to this section shall submit to the Department, in the manner prescribed by the Department, certification that such vehicle is capable of being safely operated on the highways of the Commonwealth.

Pursuant to § 46.2-1000, the Department shall suspend the registration of any vehicle registered with license plates issued under this section that the Department or the Department of State Police determines is not properly equipped or is otherwise unsafe to operate. Any law-enforcement officer shall take possession of the license plates, registration card, and decals, if any, of any vehicle registered with license plates issued under this section when he observes any defect in such vehicle as set forth in § 46.2-1000.

D. Any law-enforcement officer may require any person operating a military surplus motor vehicle registered pursuant to this section to provide, upon request, the address at which the vehicle is stored for use and the destination of such operation. Any owner of a military surplus motor vehicle registered with license plates pursuant to this section who is convicted of a violation of this section is guilty of a Class 4 misdemeanor. Upon receiving a record of conviction of a violation of this section, the Department shall revoke and not reinstate the owner's privilege to register the vehicle operated in violation of this section with license plates issued pursuant to this section for a period of five years from the date of conviction.

E. Military surplus motor vehicles registered with the Department under any other provision of this Code prior to January 1, 2019, may continue to be registered under such provision. Such vehicles shall be considered to be registered under this section for the purpose of § 46.2-1158.01. In the event that any such vehicle is transferred to a new owner, the vehicle must be registered pursuant to this section.

F. No military surplus motor vehicle shall be registered as an antique vehicle pursuant to § 46.2-730.

2018, c. 555.

§ 46.2-731. Disabled parking license plates; owners of vehicles specially equipped and used to transport persons with disabilities; fees.

On receipt of an application, the Commissioner shall issue appropriately designed disabled parking license plates to persons with physical disabilities that limit or impair their ability to walk or that create a concern for his safety while walking or to the parents or legal guardians of such persons. The Commissioner shall request that the application be accompanied by a certification signed by a licensed physician, licensed podiatrist, licensed chiropractor, licensed nurse practitioner, or licensed physician assistant that the applicant meets the definition of "person with a disability that limits or impairs his ability to walk" contained in § 46.2-1240. The issuance of a disabled parking license plate shall not preclude the issuance of a permanent removable windshield placard.

On application of an organization, the Commissioner shall issue disabled parking license plates for vehicles registered in the applicant's name if the vehicles are primarily used to transport persons with disabilities. The application shall include a certification by the applicant, under criteria determined by the Commissioner, that the vehicle is primarily used to transport persons with disabilities that limit or impair their ability to walk, as defined in § 46.2-1240.

The fee for the issuance of a disabled parking license plate under this section may not exceed the fee charged for a similar license plate for the same class vehicle.

1972, c. 473, § 46.1-104.1; 1973, c. 182; 1974, cc. 46, 410; 1976, cc. 410, 460; 1978, cc. 185, 605; 1982, c. 88; 1983, c. 38; 1986, c. 144; 1989, c. 727; 1993, c. 566; 1994, cc. 225, 866; 1995, cc. 776, 805; 1997, cc. 783, 904; 2004, c. 692; 2007, c. 715.

§ 46.2-732. Special license plates and decals for the deaf; fees.

On receipt of an application, the Commissioner shall issue appropriately designed license plates to deaf persons. For purposes of this section, a deaf person shall be defined as a person who cannot hear and understand normal speech. The fee for these license plates shall be as provided in § 46.2-694.

The Commissioner shall also issue to any deaf person a removable decal, to be used on any passenger car, pickup or panel truck operated by such person. The decals shall be of a design determined by the Commissioner and shall be displayed in a manner determined by the Superintendent of State Police. A reasonable fee to be determined by the Commissioner shall be charged each person issued a decal under this section, but no fee shall be charged any person exempted from fees by § 46.2-739.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special plates or decal.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1979, c. 74, § 46.1-104.2; 1989, c. 727; 1995, c. 747.

§ 46.2-733. License plates for persons delivering unladen vehicles; fees.

A. On receipt of an application, the Commissioner shall issue appropriately designed license plates to persons engaged in the business of delivering unladen motor vehicles under their own power from points of assembly or distribution.

B. Every applicant for license plates to be issued under this section shall, before he begins delivery of any of these vehicles, apply to the Commissioner for a registration card and license plates. On the payment of a fee of $75, a registration card and license plates shall be issued to the applicant in a form prescribed by the Commissioner. The Commissioner shall issue to the applicant two license plates. For each additional license plate, a fee of $20 per plate shall be paid by the applicant.

C. It shall be unlawful for any person to use these license plates other than on unladen motor vehicles, trailers, and semitrailers which are being delivered from points of assembly or distribution in the usual course of his delivery business or which are used as provided in subsection D. The operators of such vehicles being delivered, bearing license plates issued under this section, shall at all times during their operation have in their possession a proper bill of lading showing the point of origin and destination of the vehicle being delivered and describing it. It shall be unlawful for any person to use these license plates unless either the origin or the destination of the vehicle being delivered is within the Commonwealth.

D. License plates issued under this section may be used by any financial institutions specifically excluded from the definition of "motor vehicle dealer" in subdivision 5 of § 46.2-1500 for the purpose of using them in the normal course of business in taking, repossessing, or otherwise transporting vehicles for the purpose of preservation, sale, allowing a prospective buyer to test-drive the vehicle if the prospective buyer is accompanied by an employee of the financial institution or has the written permission of the financial institution on a form provided by the Department, or otherwise in connection with repossession or foreclosure of the vehicle on which there is a security interest securing a loan to a financial institution.

E. License plates issued under this section may be issued to any business engaged in automobile auctions or the mounting, installing, servicing, or repairing of equipment on or in a vehicle. The use of license plates issued under this section shall be limited to (i) the pick up and delivery of a vehicle or (ii) driving on the highway in order to test the installation, service, or repairs at a distance of not more than 10 miles from the place of business and shall not be used on vehicles employed for general transportation.

Code 1950, § 46-170; 1958, c. 541, § 46.1-162; 1964, c. 218; 1977, c. 260; 1982, c. 161; 1984, c. 464; 1989, c. 727; 1998, c. 370; 2004, c. 788; 2011, c. 103; 2019, c. 69.

§ 46.2-734. Reconstructed and specially constructed vehicles; inspection requirements; storage of unlicensed vehicles; use.

A. On receipt of an application therefor and written evidence that the applicant is a hobbyist and is registering a reconstructed or specially constructed vehicle built, reconstructed, restored, preserved, and maintained for historic or hobby interest, the Commissioner shall issue to the applicant one special license plate, which shall be mounted on the rear of the vehicle.

For the purposes of this section, "hobbyist" means the owner of one or more reconstructed or specially constructed vehicles who collects, purchases, acquires, trades, or disposes of reconstructed or specially constructed vehicles or parts thereof for his own use in order to build, reconstruct, restore, preserve, and maintain a reconstructed or specially constructed vehicle for historic or hobby interest.

B. These vehicles shall be titled according to their chassis numbers or, if no chassis number exists, then by their motor serial numbers. The vehicles shall meet inspection requirements applicable to the model year shown on the registration certificate.

C. A hobbyist may store unlicensed, operable or inoperable, vehicles on his property provided the vehicles and the outdoor storage area are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by a fence, rapidly growing trees, shrubbery, billboards or other appropriate means. The hobbyist shall, however, not be exempt from local zoning ordinances governing the storage of these vehicles.

D. Vehicles registered under this section shall not be used for general transportation purposes, including but not limited to daily travel to and from the owner's place of employment, but shall only be used (i) for participation in hobbyist vehicle exhibits and similar limited-use events and (ii) on the highways of the Commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, and transportation to and from events as described in this subsection.

1979, c. 159, § 46.1-53.1; 1989, c. 727; 2004, c. 678.

§ 46.2-734.1. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-735. Special license plates for members of volunteer emergency medical services agencies and members of volunteer emergency medical services agency auxiliaries; fees.

The Commissioner, on application, shall supply members of volunteer emergency medical services agencies and members of volunteer emergency medical services agency auxiliaries special license plates bearing the letters "R S" followed by numbers or letters or any combination thereof.

Only one application shall be required from each volunteer emergency medical services agency or volunteer emergency medical services agency auxiliary. The application shall contain the names and residence addresses of all members of the volunteer emergency medical services agency and members of the volunteer emergency medical services agency auxiliary who request license plates. Each volunteer emergency medical services agency or volunteer emergency medical services agency auxiliary shall notify the Commissioner within 30 days of separation of any member from such agency or agency auxiliary.

The Commissioner shall charge the prescribed cost of state license plates for each set of license plates issued under this section.

1972, c. 605, § 46.1-105.3; 1978, c. 201; 1987, c. 696; 1989, c. 727; 1996, c. 1026; 2015, cc. 502, 503; 2018, c. 635.

§ 46.2-736. Special license plates for professional or volunteer fire fighters and members of volunteer fire department auxiliaries; fees.

The Commissioner, on application, shall supply professional fire fighters, members of volunteer fire departments, members of volunteer fire department auxiliaries, and volunteer members of any fire department license plates bearing the letters "F D" followed by numbers or letters or any combination thereof.

An application shall be required from each professional fire fighter, volunteer fire fighter, or member of a volunteer fire department auxiliary. The application shall be approved by the chief or head of the fire department and shall contain the name and residence address of the applicant. Each fire department shall maintain a copy of such approved application and shall notify the Commissioner within 30 days of separation of any professional fire fighter, volunteer fire fighter, or member of a volunteer fire department auxiliary from such fire department.

The Commissioner shall charge each professional fire fighter a fee of one dollar in addition to the prescribed cost of state license plates, for each set of license plates issued under this section. No additional fee shall be charged to members of volunteer fire departments, members of volunteer fire department auxiliaries, or volunteer members of any fire department.

1973, c. 190, § 46.1-105.4; 1975, c. 25; 1976, cc. 460, 500; 1978, c. 201; 1987, c. 696; 1989, c. 727; 1996, c. 1026; 2018, c. 635.

§ 46.2-736.01. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-736.1. Special license plates for certain officials; fees.

On request, the Commissioner shall issue special license plates to the following officials: the Speaker of the House of Delegates, members of the House of Delegates, members of the Virginia Senate, the Clerk of the House of Delegates, the Clerk of the Virginia Senate, the Governor of Virginia, the Lieutenant Governor of Virginia, the Attorney General of Virginia, United States Congressmen, and United States Senators.

The annual fee for license plates issued pursuant to this section shall be $25 plus the prescribed fees for (i) vehicle registration and (ii) license plates with reserved numbers or letters.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1995, c. 747; 2005, c. 300.

§ 46.2-736.2. Special license plates for certain elected or appointed officials.

The Commissioner, on application, shall issue to honorary consuls, upon receipt of written evidence from the United States Department of State that the applicant is an honorary consul on active status, and members of county boards of supervisors, city councils, town councils, state commissions and boards and to other state officials appointed by the Governor special license plates bearing decals or stickers bearing the legend "HONORARY CONSUL" or identifying the commission, board, or office to which the applicant has been elected or appointed.

For the purposes of subdivision B 2 of § 46.2-725, the total number of active plates issued under this section shall be used to determine whether the plates authorized under this section shall continue to be issued.

1995, c. 747; 1996, c. 1026; 2003, c. 921; 2004, c. 747.

§ 46.2-737. Special license plates for certain constitutional officers; fees.

The Commissioner, on application, shall issue to sheriffs, county and city treasurers and commissioners of the revenue, attorneys for the Commonwealth, circuit court clerks, and general registrars special license plates identifying the office held by the applicant.

The annual fee for license plates issued pursuant to this section shall be $25 plus the prescribed fees for (i) vehicle registration and (ii) license plates with reserved numbers or letters.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1976, c. 147, § 46.1-105.6; 1987, c. 696; 1989, c. 727; 1995, c. 747; 2004, c. 984; 2005, c. 300.

§ 46.2-738. Special license plates for amateur radio operators.

The Commissioner, on request, may supply any amateur radio operator licensed by the federal government or an agency thereof with license plates bearing his official call letters.

If more than one request is made for use, as provided in this section, of license plates having the same alpha-numeric, the Department shall accept the first such application. Persons receiving amateur radio operator special license plates shall affix such plates only to vehicles to which they are the titled owner.

The Commissioner shall charge a fee of one dollar in addition to the prescribed cost of state license plates for each set of license plates issued under the provisions of this section.

Code 1950, § 46-22.1; 1952, c. 675; 1954, c. 630; 1958, c. 541, § 46.1-105; 1987, c. 696; 1989, c. 727; 1996, cc. 943, 994; 2014, c. 331.

§ 46.2-738.1. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-739. Special license plates for certain disabled veterans; fees.

A. On receipt of an application, the Commissioner shall issue special license plates to applicants who are veterans who have been certified by the U.S. Department of Veterans Affairs to have a service-connected disability or unremarried surviving spouses of disabled veterans as defined in § 46.2-100. These license plates shall be special permanent red, white, and blue license plates bearing the letters "DV." The application shall be accompanied by a certification from the U.S. Department of Veterans Affairs that the veteran's disability is service-connected. License plates issued under this subsection shall not permit the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk.

B. On receipt of an application, the Commissioner shall issue special DV disabled parking license plates displaying the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts to the background to veterans who are also persons with disabilities that limit or impair their ability to walk as defined in § 46.2-100. The Commissioner shall require that such application be accompanied by a certification signed by a licensed physician, licensed podiatrist, licensed chiropractor, licensed nurse practitioner, or licensed physician assistant to that effect. Special DV disabled parking license plates issued under this subsection shall authorize the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk.

C. No annual registration fee, as prescribed in § 46.2-694, and no annual fee, as set forth in subdivision B 3 of § 46.2-725, shall be required for any one motor vehicle owned and used personally by any disabled veteran as defined in § 46.2-100 or the unremarried surviving spouse of such disabled veteran, provided that such vehicle displays license plates issued under this section.

D. The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

1972, c. 80, § 46.1-149.1; 1976, c. 410; 1977, c. 167; 1989, c. 727; 1994, c. 866; 1995, c. 747; 1997, cc. 774, 816; 2007, c. 715; 2015, c. 457.

§ 46.2-740. Special license plates for survivors of Battle of Chosin Reservoir.

On receipt of an application and written evidence that the applicant is a survivor of the Battle of Chosin Reservoir, the Commissioner shall issue special license plates to the applicant.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1987, c. 669, § 46.1-105.17; 1989, c. 727; 1995, c. 747.

§ 46.2-741. Special license plates for survivors of attack on Pearl Harbor; fees.

On receipt of an application and written evidence that the applicant is an honorably discharged former member of one of the armed forces of the United States and, while serving in the armed forces of the United States, was present during the attack on the island of Oahu, Territory of Hawaii, on December 7, 1941, between the hours of 7:55 a.m. and 9:45 a.m., Hawaii time, the Commissioner shall issue to the applicant special license plates identifying the vehicle as registered to a Pearl Harbor survivor.

For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of ten dollars at the time the plates are issued.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1987, c. 467, § 46.1-105.16; 1989, c. 727; 1995, c. 747; 1997, cc. 774, 816.

§ 46.2-742. Special license plates for persons awarded Purple Heart; fee.

On receipt of an application and written evidence that the applicant has been awarded the Purple Heart, the Commissioner shall issue to the applicant special license plates.

No fee shall be charged for license plates issued under this section to any one motor vehicle owned and used personally by any applicant. For each additional set of license plates issued to an applicant under this section, the Commissioner shall charge the prescribed fee for state license plates.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

1987, cc. 466, 472, § 46.1-105.15; 1989, c. 727; 1994, c. 914; 1995, c. 747; 1996, cc. 922, 1026; 2004, c. 747; 2008, c. 614; 2011, c. 436.

§ 46.2-742.1. Special license plates for persons awarded the Bronze Star, Bronze Star with a "V" for valor, or the Silver Star; fee.

On receipt of an application and written evidence that the applicant has been awarded a Bronze Star, Bronze Star with a "V" for valor, or Silver Star Medal, the Commissioner shall issue to the applicant special license plates.

For each set of license plates issued under this section, other than those that reflect the Bronze Star, the Commissioner shall charge the prescribed cost of state license plates. For Bronze Star license plates, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

1992, c. 577; 1995, c. 747; 1996, c. 1026; 1999, c. 907; 2002, c. 864; 2004, c. 747; 2021, Sp. Sess. I, c. 145.

§ 46.2-742.1:1. Repealed.

Repealed by Acts 2011, c. 21.

§ 46.2-742.2. Special license plates for persons awarded the Navy Cross, the Distinguished Service Cross, the Air Force Cross, the Distinguished Flying Cross, or the Distinguished Flying Cross with a "V" for Valor.

On receipt of an application and written evidence that the applicant has been awarded the Navy Cross, the Distinguished Service Cross, the Air Force Cross, the Distinguished Flying Cross, or the Distinguished Flying Cross with a "V" for Valor, the Commissioner shall issue to the applicant special license plates.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

For each set of license plates issued under this section, other than those that reflect the Distinguished Flying Cross, the Commissioner shall charge the prescribed cost of state license plates. For Distinguished Flying Cross license plates, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

1994, cc. 228, 301; 1995, c. 747; 1996, c. 1026; 1997, cc. 774, 816; 2004, c. 747; 2021, Sp. Sess. I, c. 145.

§ 46.2-742.3. Repealed.

Repealed by Acts 2004, c. 984.

§ 46.2-742.4. Special license plates for persons awarded the Combat Infantryman Badge.

On receipt of an application and written evidence that the applicant has been awarded the Combat Infantryman Badge, the Commissioner shall issue to the applicant special license plates.

2004, c. 984.

§ 46.2-742.5. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-742.6. Repealed.

Repealed by Acts 2008, c. 114, cl. 1.

§ 46.2-743. Special license plates for active duty members of the armed forces of the United States and certain veterans; fees.

A. On receipt of an application and written evidence that the applicant is an honorably discharged former member of one of the armed forces of the United States, the Commissioner shall issue to the applicant special license plates.

B. On receipt of an application and written evidence that the applicant is on active duty with, has been honorably discharged after at least six months of active duty service in, or has retired from the United States Marine Corps, the Commissioner shall issue to the applicant special license plates whose design incorporates an emblem of the United States Marine Corps. Unremarried surviving spouses of persons eligible to receive special license plates under this subsection may also be issued special license plates under this subsection.

C. On receipt of an application and written evidence that the applicant is on active duty with, has been honorably discharged after at least six months of active duty service in, or has retired from the United States Army, the Commissioner shall issue to the applicant special license plates whose design incorporates an emblem of the United States Army.

D. On receipt of an application and written evidence that the applicant is on active duty with, has been honorably discharged after at least six months of active duty service in, or has retired from the United States Coast Guard, the Commissioner shall issue to the applicant special license plates whose design incorporates an emblem of the United States Coast Guard. Unremarried surviving spouses of persons eligible to receive special license plates under this subsection may also be issued special license plates under this subsection.

E. All special license plates that have been developed and issued pursuant to subsection B, C, or D shall also be issued to applicants who can provide documentation from the U.S. Department of Veterans Affairs indicating that the applicant has been designated disabled, and that his disability is service-connected, and that he has been honorably discharged from a branch of the armed forces of the United States.

F. On receipt of an application and written evidence that the applicant is a veteran of World War II, the Commissioner shall issue special license plates to veterans of World War II. For each set of license plates issued under this subsection, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

G. On receipt of an application and written evidence that the applicant is a veteran of the Korean War, the Commissioner shall issue special license plates to veterans of the Korean War.

H. On receipt of an application and written evidence that the applicant is a veteran of the Vietnam War, the Commissioner shall issue special license plates to veterans of the Vietnam War.

I. On receipt of an application and written evidence that the applicant is a veteran of the Asiatic-Pacific Campaign, the Commissioner shall issue special license plates to veterans of that campaign. For each set of license plates issued under this subsection, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

J. On receipt of an application and written evidence that the applicant is a veteran of Operation Iraqi Freedom, the Commissioner shall issue special license plates to veterans of Operation Iraqi Freedom.

K. On receipt of an application and written evidence that the applicant is a veteran of Operation Enduring Freedom, the Commissioner shall issue special license plates to veterans of Operation Enduring Freedom.

L. On receipt of an application and written evidence that the applicant is a member of the Virginia Defense Force, the Commissioner shall issue special license plates to members of the Virginia Defense Force.

M. On receipt of an application and written evidence that the applicant is a veteran of Operation Desert Shield or Operation Desert Storm, the Commissioner shall issue special license plates to veterans of those military operations.

N. The provisions of subdivisions B 1 and B 2 of § 46.2-725 shall not apply to license plates issued under subsections F, G, H, J, K, L, and M.

1985, c. 162, § 46.1-105.11; 1987, c. 696; 1989, c. 727; 1995, c. 747; 1996, c. 1026; 1997, cc. 774, 816; 1999, cc. 883, 907; 2000, cc. 75, 190; 2002, cc. 90, 864; 2005, cc. 264, 273, 929; 2006, c. 437; 2008, Sp. Sess. II, c. 4; 2009, c. 679; 2011, cc. 572, 586; 2012, c. 379; 2013, c. 478; 2014, cc. 270, 483.

§ 46.2-744. Special license plates for members of National Guard; fees.

On receipt of an application and written confirmation that the applicant is a member of the National Guard, the Commissioner shall issue to the applicant special license plates.

No fee shall be charged for license plates issued under this section to a member of the Virginia National Guard for any one motor vehicle owned and used personally by the applicant, unless the plates bear reserved numbers or letters as provided for in § 46.2-726. In this latter case, the fee for the issuance of license plates shall be the same as for those issued under § 46.2-726. For each additional set of license plates issued to an applicant under this section, the Commissioner shall charge the prescribed fee for state license plates.

The fee for members of non-Virginia National Guard units shall be ten dollars per year plus the prescribed cost for state license plates, unless the plates bear reserved numbers or letters as provided for in § 46.2-726. In this latter case, such license plates shall be subject to an additional charge of ten dollars per year for the reserved numbers or letters.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1981, c. 355, § 46.1-105.9; 1982, c. 85; 1989, c. 727; 1995, cc. 252, 747; 2021, Sp. Sess. I, c. 153.

§ 46.2-744.1. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-745. Special license plates for persons awarded the Medal of Honor; fees.

On receipt of an application and written confirmation from one of the armed services that the applicant has been awarded the Medal of Honor, the Commissioner shall issue special license plates to such persons and to unremarried surviving spouses of such persons. No fee shall be charged for the issuance of these license plates.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

The design of license plates issued under this section to persons who have been awarded multiple decorations shall reflect the number of such decorations.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

1980, c. 55, § 46.1-105.8; 1989, c. 727; 1995, c. 747; 2004, c. 747.

§ 46.2-745.1. Special license plates for persons awarded the Navy and Marine Corps Medal, the Airman's Medal, the Army Soldier's Medal, or the Coast Guard Medal.

On receipt of an application and written confirmation from one of the armed services of the United States that the applicant has been awarded the Navy and Marine Corps Medal, the Airman's Medal, the Army Soldier's Medal, or the Coast Guard Medal, the Commissioner shall issue special license plates to such persons. For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

2019, c. 74; 2021, Sp. Sess. I, c. 145.

§ 46.2-745.2. Special license plates for persons awarded the Armed Forces Expeditionary Medal.

On receipt of an application and written confirmation from one of the armed services that the applicant has been awarded the Armed Forces Expeditionary Medal, the Commissioner shall issue special license plates to such persons.

For each set of plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $10.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

2019, c. 194; 2021, Sp. Sess. I, c. 145.

§ 46.2-745.3. Special license plates for persons awarded the Air Medal.

On receipt of an application and written confirmation from one of the United States Armed Forces that the applicant has been awarded the United States Air Medal, the Commissioner shall issue special license plates for persons awarded the Air Medal to such person.

For each set of plates issued under this section, the Commissioner shall charge a $10 annual special license plate fee in addition to the prescribed cost of state license plates.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section upon application.

2020, c. 970.

§ 46.2-745.4. Special license plates for persons awarded the Distinguished Service Medal, the Navy Distinguished Service Medal, the Marine Corps Distinguished Service Medal, or the Air Force Distinguished Service Medal.

On receipt of an application and written confirmation from one of the armed services that the applicant has been awarded the Distinguished Service Medal, the Navy Distinguished Service Medal, the Marine Corps Distinguished Service Medal, or the Air Force Distinguished Service Medal, the Commissioner shall issue special license plates to such persons.

For each set of plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

2021, Sp. Sess. I, c. 145.

§ 46.2-745.5. Special license plates for persons awarded the Defense Distinguished Service Medal or the Defense Superior Service Medal.

On receipt of an application and written confirmation from one of the armed services that the applicant has been awarded the Defense Distinguished Service Medal or the Defense Superior Service Medal, the Commissioner shall issue special license plates to such persons.

For each set of plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, a one-time fee of $10 at the time the plates are issued.

It shall be unlawful for any person who is not a person described in this section to willfully and falsely represent himself as having the qualifications to obtain the special license plates herein provided for.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

2021, Sp. Sess. I, c. 145.

§ 46.2-746. Special license plates for former prisoners of war; fees.

On receipt of an application and written evidence from one of the armed forces that the applicant was a prisoner of war and was honorably discharged, if not currently a member of the armed forces, the Commissioner shall issue special license plates to persons who have been prisoners of the enemy in any war. No fee shall be charged for license plates issued under the provisions of this section.

It shall be unlawful for any person to willfully and falsely represent himself as having the qualifications to obtain the special plates provided for in this section.

No individual shall be issued special license plates under this section for more than one vehicle.

On presentation of appropriate written evidence from the Foreign Claims Settlement Commission of the United States, special license plates provided for in this section shall also be issued by the Commissioner to persons who were not members of the armed forces.

Unremarried surviving spouses of persons eligible to receive special license plates under this section may also be issued special license plates under this section.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1977, c. 164, § 46.1-105.7; 1978, c. 605; 1981, c. 125; 1982, c. 199; 1987, c. 146; 1989, c. 727; 1994, c. 127; 1995, c. 747.

§ 46.2-746.01. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-746.1. Special license plates for members of military assault forces.

On receipt of an application and written evidence that the applicant is or has been, while serving in the armed forces of the United States, a member of a military assault force, the Commissioner shall issue to the applicant special license plates. For the purposes of this section, a military assault force is a unit or element of the armed forces of the United States engaged in or charged with the invasion or capture of territory under the control of enemy forces.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

1991, c. 108; 1995, c. 747.

§ 46.2-746.2. Repealed.

Repealed by Acts 1999, c. 907.

§ 46.2-746.2:1. Repealed.

Repealed by Acts 2003, c. 295.

§ 46.2-746.2:2. Special license plates; members and former members of the 173rd Airborne Brigade.

On receipt of an application therefor and presentation of written evidence that the applicant is a member or former member of the 173rd Airborne Brigade, the Commissioner shall issue to the applicant special license plates.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued under this section.

No license plates shall be issued under this section unless and until a one-time fee of $3,500 shall have been paid to the Commissioner.

1999, c. 907; 2002, c. 864.

§ 46.2-746.2:2.1. Repealed.

Repealed by Acts 2004, cc. 717 and 984.

§ 46.2-746.2:2.2. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-746.2:3. Members and former members of the 3rd Infantry Regiment (Old Guard).

On receipt of an application therefor and presentation of written evidence that the applicant is a member or former member of the 3rd Infantry Regiment (Old Guard), the Commissioner shall issue special license plates to members and former members of the 3rd Infantry Regiment (Old Guard).

2003, c. 921.

§ 46.2-746.2:3.1. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-746.2:4. Members of the Special Forces Association; fee.

On receipt of an application therefor and presentation of written evidence that the applicant is a member of the Special Forces Association, the Commissioner shall issue to the applicant special license plates.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section.

No license plates provided for in this section shall be issued unless and until the Commissioner receives at least 50 prepaid applications therefor and payment of a one-time fee of $3,500, less the total amount of $10 annual fees collected from the prepaid applications received.

2003, cc. 921, 932.

§ 46.2-746.2:5. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-746.2:6. Special license plates; members of the Veterans of Foreign Wars of the United States organization.

On receipt of an application therefor and presentation of written evidence that the applicant is a member of the Veterans of Foreign Wars of the United States organization, the Commissioner shall issue special license plates to the applicant.

2005, c. 273.

§ 46.2-746.3. Special license plates for members or veterans of certain military reserve organizations.

The Commissioner, on application therefor, shall issue special license plates to members or veterans of the Air Force Reserve, the Army Reserve, the Coast Guard Reserve, the Marine Reserve, and the Naval Reserve. Such special license plates may, when feasible, bear decals or stickers identifying the reserve organization of which the applicant is or was a member.

The provisions of subdivision B 2 of § 46.2-725 shall not apply to license plates issued under this section.

1995, c. 747; 1996, c. 1026; 2004, c. 747; 2018, c. 119.

§ 46.2-746.4. Special license plates for members of certain military veterans' organizations.

On receipt of an application and written evidence that the applicant is a member of any of the following military veterans' organizations, the Commissioner shall issue special license plates to the members of the following organizations: the Legion of Valor of the USA, the Marine Corps League, the Retired Officers Association, the Veterans of the Battle of Iwo Jima, and the Vietnam Veterans of America.

The provisions of subdivisions 1 and 2 of subsection B of § 46.2-725 shall not apply to license plates issued to members of the Legion of Valor of the USA under this section.

1995, c. 747; 1996, c. 1026; 1997, cc. 774, 816; 2000, cc. 75, 111; 2002, c. 90; 2003, c. 921; 2004, c. 984.

§ 46.2-746.4:01. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-746.4:1. Repealed.

Repealed by Acts 2000, c. 766.

§ 46.2-746.4:2. Expired.

Expired.

§ 46.2-746.4:3. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-746.5. Special license plates for National Guard retirees; fees.

On receipt of an application and written evidence that the applicant is a retired member of the National Guard, the Commissioner shall issue special license plates to National Guard retirees.

No fee shall be charged for license plates issued under the provisions of this section to retired members of the Virginia National Guard.

The fee for non-Virginia National Guard retirees shall be $10 per year plus the prescribed cost for state license plates, unless the plates bear reserved numbers or letters as provided for in § 46.2-726. In this latter case, such license plates shall be subject to an additional charge of $10 per year for the reserved numbers or letters.

1995, c. 747; 1997, cc. 774, 816; 2021, Sp. Sess. I, c. 128.

§ 46.2-746.6. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-746.6:1. Repealed.

Repealed by Acts 2000, cc. 75, 766.

§ 46.2-746.6:2. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-746.7. Special license plates for members of certain civic and fraternal organizations.

On receipt of an application and written evidence that the applicant is a member of such organization, the Commissioner shall issue special license plates to members of the following organizations: the Exchange Club, the Jaycees, the Kiwanis, the Lions of Virginia, Rotary International, Ruritan National, the Freemasons, the Shriners, the Most Worshipful Prince Hall Grand Lodge of Virginia, the Order of the Eastern Star, the Knights of Columbus, and fraternities and sororities at institutions of higher education.

No license plates shall be developed and issued for fraternities or sororities at institutions of higher education until the Commissioner receives 350 or more prepaid applications and a design for each new series. All other license plates authorized under this section shall be subject to the development and issuance provisions of subdivision B 1 of § 46.2-725.

1995, c. 747; 1996, c. 1026; 1998, c. 175; 1999, c. 907; 2000, c. 75; 2002, cc. 90, 864; 2003, c. 925; 2004, cc. 717, 747; 2005, c. 908.

§ 46.2-746.8. Special license plates for members of certain occupational associations.

On receipt of an application and written evidence that the applicant is a member of such organization, the Commissioner shall issue special license plates to members of the Virginia Realtors and the Society of Certified Public Accountants.

1995, c. 747; 1997, cc. 774, 816; 1999, c. 907; 2000, c. 75; 2002, c. 90; 2003, cc. 295, 925; 2004, c. 717; 2007, cc. 172, 181; 2018, c. 161; 2019, cc. 80, 154.

§ 46.2-746.8:1. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-746.8:2. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-746.9. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-746.10. Special license plates for supporters of the AFL-CIO.

On receipt of an application therefor, the Commissioner shall issue special license plates to supporters of the AFL-CIO.

1997, cc. 774, 816.

§ 46.2-746.11. Special license plates for supporters of certain aviation education facilities; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the following legend: NATIONAL AIR AND SPACE MUSEUM.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to the special nonreverting fund known as the Aviation Education Facilities Fund, established within the Department of Accounts, for use by the Department of Aviation to support aviation education facilities located in the Commonwealth that are annexes of or affiliated with similar national facilities located in the nation's capital.

1998, cc. 286, 295.

§ 46.2-746.12. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-746.13. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-746.14. Special license plates; aviation enthusiasts.

On receipt of an application therefor, the Commissioner shall issue special license plates to aviation enthusiasts.

1998, c. 294.

§ 46.2-746.15. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-746.21. Expired.

Expired.

§ 46.2-746.22. Special license plates; members of the Sons of Confederate Veterans.

On receipt of an application therefor and written evidence that the applicant is a member of the Sons of Confederate Veterans, the Commissioner shall issue special license plates to members of the Sons of Confederate Veterans. No logo or emblem of any description shall be displayed or incorporated into the design of license plates issued under this section.

1999, c. 902.

§ 46.2-746.23. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-747. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-747.1. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-748. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-748.1. Repealed.

Repealed by Acts 2000, c. 75.

§ 46.2-748.2. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749. Issuance of license plates bearing seal, symbol, emblem, or logotype of certain institutions of higher education; fees.

A. On receipt of an application, the Commissioner may develop and issue for any accredited institution of higher education in the Commonwealth, in accordance with policies and procedures established by the Commissioner and in accordance with an agreement between the institution and the Department, special license plates bearing the seal, symbol, emblem, or logotype of that institution of higher education.

On receipt of a minimum of 350 prepaid applications and a design therefor, the Commissioner may develop and issue special license plates bearing the seal, symbol, emblem or logotype of such institutions that are located outside Virginia, in accordance with policies and procedures established by the Commissioner and in accordance with an agreement between the institution and the Department.

For each set of license plates issued hereunder, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $25.

B. Any institution of higher education that enters into an agreement with the Department pursuant to this section thereby waives any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this section. However, any such institution located in Virginia shall annually receive an allocation of $15 for each set of license plates in excess of 1,000 registrations pursuant to the institution's agreement with the Department during the term of the agreement. The allocated funds shall be deposited by the Department into the state treasury and credited to the relevant institution to be used to support scholarships for eligible undergraduate students enrolled in the institution. Only students who (i) are bona fide domiciliaries of Virginia as defined in § 23.1-502 and (ii) are enrolled in educational programs whose primary purpose is not to provide religious training or theological education shall be eligible to receive such scholarships.

The State Council of Higher Education for Virginia shall review and approve plans for each participating institution for the implementation of these scholarship programs. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients.

The provisions of subdivisions B 1 and 2 of § 46.2-725 shall not apply to license plates issued under this section for any institution of higher education in the Commonwealth. The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section for any institution of higher education located outside Virginia.

1988, c. 656, § 46.1-105.18; 1989, c. 727; 1990, c. 319; 1995, c. 747; 1996, c. 1026; 2004, c. 747.

§ 46.2-749.1. Special wildlife conservation plates.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the following legend: WILDLIFE CONSERVATIONIST.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars plus the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to the special fund known as the game protection fund.

1991, c. 113; 1995, c. 747.

§ 46.2-749.2. Special Chesapeake Bay preservation plates; fees; fund.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Chesapeake Bay Restoration Fund (the Fund). The Fund shall be established on the books of the Comptroller. All funds received on its behalf from the sale of license plates issued pursuant to this section, and any gifts, donations, grants, bequests, and other funds received on its behalf, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.

B. Moneys in the Fund shall be used solely for the purposes of environmental education and restoration and conservation projects relating to the Chesapeake Bay and its tributaries. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Chesapeake Bay Restoration Fund Advisory Committee created pursuant to § 30-256.

C. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the legend FRIEND OF THE CHESAPEAKE.

D. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to the Fund. All other fees imposed under the provisions of this section shall be paid to, and received by, the Commissioner of the Department of Motor Vehicles and paid by him into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department of Motor Vehicles.

1992, cc. 227, 323; 1995, cc. 747, 749, 823; 2018, c. 628.

§ 46.2-749.2:1. Special license plates for supporters of certain children's programs; fees.

On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing, at the applicant's option, either (i) a heart, (ii) a five-pointed star, (iii) a child's handprint, or (iv) another design or device approved by the Commissioner.

The annual fee for plates issued pursuant to this section shall be twenty-five dollars plus the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to the special fund known as the Children's Programs Support Fund for use as follows: one-half shall be paid into the Family and Children's Trust Fund and one-half shall be paid to the Department of Health for use by the Safe Kids Coalition.

1994, c. 914; 1995, c. 747; 1996, c. 922.

§ 46.2-749.2:2. Special license plates for Virginians for the Arts; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the following legend: VIRGINIANS FOR THE ARTS.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to the special nonreverting fund known as the Virginia Arts Foundation Fund established within the Department of Accounts, for use by the Virginia Arts Foundation.

1996, cc. 922, 1026; 1997, c. 878.

§ 46.2-749.2:3. Repealed.

Repealed by Acts 2000, c. 75.

§ 46.2-749.2:7. Special license plates for supporters of dog and cat sterilization programs; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of dog and cat sterilization programs.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to a special nonreverting fund known as the Dog and Cat Sterilization Fund, established within the Department of Accounts. These funds shall be paid annually to the locality in which the vehicle is registered and shall be used by the localities to which they are paid to support sterilization programs for dogs and cats.

Each affected locality shall annually certify in a manner prescribed by the Commissioner that these funds have been or are being used to support sterilization programs for dogs and cats. If an affected locality does not have such a sterilization program, it shall (i) make the funds available to any private, nonprofit sterilization program for dogs and cats in that locality; (ii) return the funds to the Commissioner; or (iii) refuse the funds. Any funds refused, returned to the Commissioner, or otherwise not paid to an affected locality shall be distributed to other affected localities on a pro rata basis.

1996, c. 922.

§ 46.2-749.2:8. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.2:10. Special license plates for supporters of community traffic safety programs in the Commonwealth; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the following legend: DRIVE SMART.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to the special nonreverting fund known as the Drive Smart Virginia Fund, established within the Department of Accounts, for use by Drive Smart Virginia to support its programs and activities in the Commonwealth.

1997, cc. 774, 816; 2005, cc. 244, 273.

§ 46.2-749.2:11. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.2:13. Expired.

Expired.

§ 46.2-749.2:14. Expired.

Expired.

§ 46.2-749.2:15. Expired.

Expired.

§ 46.2-749.2:16. Expired.

Expired.

§ 46.2-749.2:17. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.3. Special license plates for clean special fuel vehicles.

A. The owner of any motor vehicle, except a motorcycle, that may utilize clean special fuel may purchase special license plates indicating the motor vehicle utilizes clean special fuels. Upon receipt of an application, the Commissioner shall issue special license plates to the owners of such vehicles.

As used in this section, "clean special fuel" means any product or energy source used to propel a highway vehicle, the use of which, compared to conventional gasoline or reformulated gasoline, results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates or any combination thereof. The term includes compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, hythane (a combination of compressed natural gas and hydrogen), and electricity.

On and after July 1, 2006, license plates provided for in this section shall be issued with a new design distinctively different from the design of license plates issued to owners of vehicles that qualify for license plates under this section whose applications are received by the Department prior to July 1, 2006, hereinafter referred to as "the FY 2007 design." The distinctively different design shall be developed by the Department in consultation with the Department of State Police.

On and after July 1, 2011, license plates provided for in this section shall be issued with a new design distinctively different from the design of license plates issued to owners of vehicles that qualify for license plates under this section whose applications are received by the Department prior to July 1, 2011 (hereinafter referred to as the FY 2012 design). The distinctively different design shall be developed by the Department in consultation with the Department of State Police. Thereafter, only "the FY 2012 design" plate shall be issued to owners of vehicles that qualify for license plates under this section.

1. For the purposes of subdivision A 6 of § 33.2-501, on HOV lanes serving the I-95/395 corridor, only vehicles registered with and displaying special license plates issued under this section prior to July 1, 2006, shall be treated as vehicles displaying special license plates issued under this section.

2. For the purposes of subdivision A 6 of § 33.2-501, on HOV lanes serving the Interstate Route 66 corridor, only vehicles registered with and displaying special license plates issued under this section prior to July 1, 2011, shall be treated as vehicles displaying special license plates issued under this section.

3. The Commissioner of Highways shall provide annually to the Chairmen of the Senate and House of Delegates Committees on Transportation traffic volumes on the HOV facilities that result in a degraded condition as identified in SAFETEA-LU or other applicable federal law and reported to the Federal Highway Administration. This report shall be used by the Chairmen of their respective committees to recommend further restriction on use of HOV facilities by clean special fuel vehicles.

4. The Commissioner of the Department of Motor Vehicles, in consultation with the Motor Vehicle Dealer Board, shall develop procedures to ensure that all potential purchasers of clean special fuel vehicles receive adequate notice of the benefits, risks and timelines required for the issuance of clean special fuel vehicle license plates.

B. With the exception of plates issued to government-use vehicles, the annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid to the State Treasury and credited to a special nonreverting fund known as the HOV Enforcement Fund, established within the Department of Accounts, for use by the Virginia State Police for enhanced HOV enforcement. The fee for plates issued pursuant to this section to government-use vehicles shall be as prescribed in subsection A of § 46.2-750.

1993, cc. 255, 625; 1995, c. 134; 1999, c. 883; 2000, cc. 729, 758; 2006, cc. 873, 908; 2010, cc. 351, 390; 2012, cc. 681, 743.

§ 46.2-749.4. Special license plates bearing the seal, symbol, emblem, or logotype of counties, cities, and towns.

A. On receipt of a minimum of 350 paid applications and a design therefor, the Commissioner may develop and issue special license plates whose design incorporates the seal, symbol, emblem, or logotype of any county, city or town. If all affected localities agree as to its design, the Commissioner may develop and issue special license plates jointly for more than one locality. Each local governing body of the counties, cities, or towns involved in the design of the license plates shall agree as to the issuance fee, and shall indicate to the Commissioner in writing, whether the license plates issued shall be revenue sharing or nonrevenue sharing license plates.

B. The annual fee for plates issued pursuant to this section that are nonrevenue sharing license plates shall be $10 plus the prescribed fee for state license plates.

C. The annual fee for plates issued pursuant to this section that are revenue sharing license plates shall be $25 plus the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid to the locality whose seal, symbol, emblem, or logotype appears on the plate. These funds shall be paid to the affected localities annually and may be used as provided by the local governing body. For license plates issued jointly for more than one locality, these funds shall be apportioned among the affected localities as agreed to with the Commissioner prior to issue.

The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section.

1993, c. 560; 1995, c. 747; 1996, c. 1026; 1999, cc. 883, 907; 2003, c. 925; 2004, c. 747; 2005, c. 273.

§ 46.2-749.4:1. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.4:4. Commemorative license plates for counties, cities, and towns.

On receipt of a minimum of 350 prepaid applications and a proposed design therefor, the Commissioner may develop and issue special license plates commemorating the twenty-fifth or subsequent anniversary, in increments of 25 years, of the establishment of any county, city, or town in the Commonwealth.

The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section.

The authority to issue each commemorative license plate under this section shall be valid for a period of five years from the date each such commemorative license plate is first issued.

2005, c. 294.

§ 46.2-749.5. Special license plates celebrating Virginia's tobacco heritage.

A. On receipt of an application, the Commissioner shall issue special license plates celebrating Virginia's tobacco heritage. For each set of license plates issued under this section, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $10.

B. License plates may be issued under this section for display on vehicles registered as trucks, as that term is defined in § 46.2-100, provided that no license plates are issued pursuant to this section for (i) vehicles operated for hire, except TNC partner vehicles as defined in § 46.2-2000; (ii) vehicles registered under the International Registration Plan; or (iii) vehicles registered as tow trucks or tractor trucks as defined in § 46.2-100. No permanent license plates without decals as authorized in subsection B of § 46.2-712 may be issued under this section. For each set of truck license plates issued under this subsection, the Commissioner shall charge, in addition to the prescribed cost of state license plates, an annual fee of $25.

1994, c. 914; 2009, c. 679; 2015, cc. 2, 3.

§ 46.2-749.5:1. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.6. Special license plates for supporters of the National Rifle Association.

On receipt of an application therefor, the Commissioner shall issue special license plates to supporters of the National Rifle Association.

1995, c. 747.

§ 46.2-749.6:1. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.7. Special license plates for supporters of Ducks Unlimited.

A. On receipt of an application therefor, the Commissioner shall issue special license plates to supporters of Ducks Unlimited.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Ducks Unlimited Wetlands Protection Program Fund, established within the Department of Accounts. These funds shall be paid annually to Ducks Unlimited, Inc., and used to support its wetlands and waterfowl habitat protection programs in Virginia. All other fees imposed under the provisions of this section shall be paid to, and received by, the Commissioner of the Department of Motor Vehicles and paid by him into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department of Motor Vehicles.

1995, c. 747; 2021, Sp. Sess. I, c. 276.

§ 46.2-749.7:1. Repealed.

Repealed by Acts 2000, c. 75.

§ 46.2-749.7:2. Repealed.

Repealed by Acts 2002, c. 90, cl. 2.

§ 46.2-749.7:3. Special license plates supporting education, charity, and scientific study for Virginia's Eastern Shore business community; fees.

A. On receipt of an application therefor and payment of the fee prescribed by this section, and following the provisions of § 46.2-725, other than those relating to the fee for the plates and its disposition, the Commissioner shall issue to the applicant special license plates promoting tourism on Virginia's Eastern Shore.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Eastern Shore Foundation Fund, established within the Department of Accounts. These funds shall be paid annually to the Eastern Shore of Virginia Chamber of Commerce Foundation and used to support education, charity, and scientific study for Virginia's Eastern Shore business community. All other fees imposed under the provisions of this section shall be paid to, and received by, the Commissioner of the Department of Motor Vehicles and paid by him into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department of Motor Vehicles.

1998, c. 381; 2014, c. 662.

§ 46.2-749.8. Special license plates for Harley-Davidson motor vehicle owners.

On receipt of an application therefor, the Commissioner shall issue special license plates to owners of Harley-Davidson motor vehicles.

1995, c. 747.

§ 46.2-749.9. Special license plates; Virginia Bowler.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates bearing the legend: Virginia Bowler.

1995, c. 747.

§ 46.2-749.10. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-749.11. Repealed.

Repealed by Acts 2000, c. 75.

§ 46.2-749.12. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.13. Special license plates; Internet commerce industry.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates designed to represent the Internet commerce industry.

1999, c. 907.

§ 46.2-749.14. Special license plates; supporters of greyhound adoption programs.

On receipt of an application therefor, the Commissioner shall issue special license plates to supporters of greyhound adoption programs.

1999, c. 907.

§ 46.2-749.15. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.16:1. Repealed.

Repealed by Acts 2011, c. 21.

§ 46.2-749.17. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.18. Special license plates; horse enthusiasts.

On receipt of an application therefor, the Commissioner shall issue special license plates to horse enthusiasts.

1999, c. 907.

§ 46.2-749.19. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.23:1. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.24. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.26. Special license plates; Natural Bridge of Virginia.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates celebrating the Natural Bridge of Virginia.

1999, c. 907.

§ 46.2-749.27. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.28. Special license plates; Oceana Naval Air Station.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates bearing the legend: OCEANA NAVAL AIR STATION.

1999, c. 883.

§ 46.2-749.28:1. Repealed.

Repealed by Acts 2004, cc. 717 and 984.

§ 46.2-749.28:2. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.29. Special license plates; supporters of Operation Wildflower; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of Operation Wildflower.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to a special nonreverting fund known as the Operation Wildflower Fund, established within the Department of Accounts. These funds shall be paid annually to the Virginia Department of Transportation and used to support its Operation Wildflower program.

1999, c. 883.

§ 46.2-749.30. Repealed.

Repealed by Acts 2003, c. 295, cl. 2.

§ 46.2-749.30:1. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.31. Special license plates; Virginia lighthouses.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates celebrating Virginia lighthouses.

1999, c. 883.

§ 46.2-749.32. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.36:1. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.37. Expired.

Expired.

§ 46.2-749.38. Expired.

Expired.

§ 46.2-749.39. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.40. Special license plates; Class-J No. 611 steam locomotive.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates commemorating the Class-J No. 611 steam locomotive.

2000, c. 143.

§ 46.2-749.41. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.43. Repealed.

Repealed by Acts 2004, cc. 653 and 717.

§ 46.2-749.43:1. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.45. Special license plates; supporters of the Virginia Breast Cancer Foundation.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue to the applicant special license plates bearing the legend: Virginia Breast Cancer Foundation.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to a special nonreverting fund known as the Virginia Breast Cancer Foundation Fund, established within the Department of Accounts. These funds shall be paid annually to the Virginia Breast Cancer Foundation and used to support statewide breast cancer educational programs.

2000, c. 319.

§ 46.2-749.46. Special license plates; naval aviators.

On receipt of an application and written evidence that the applicant is or has been a naval aviator, the Commissioner shall issue to the applicant special license plates.

2000, c. 766.

§ 46.2-749.47. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.48. Special license plates for supporters of Family and Children's Trust Fund; fees.

On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates for supporters of the Family and Children's Trust Fund.

The annual fee for plates issued pursuant to this section shall be twenty-five dollars plus the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to the Family and Children's Trust Fund.

2000, c. 766.

§ 46.2-749.49. Repealed.

Repealed by Acts 2005, cc. 273 and 908, cl. 2.

§ 46.2-749.49:1. Repealed.

Repealed by Acts 2009, c. 755, cl. 2.

§ 46.2-749.50. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.54. Special license plates; BoatU.S.

On receipt of an application therefor, the Commissioner shall issue to members of BoatU.S. special license plates bearing the legend: BoatU.S. Member.

2002, c. 864.

§ 46.2-749.55. Repealed.

Repealed by Acts 2005, c. 908.

§ 46.2-749.56. Repealed.

Repealed by Acts 2005, cc. 273 and 908, cl. 2.

§ 46.2-749.56:1. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.57. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.58. Special license plates bearing the legend: FOX HUNTING.

On receipt of an application therefor, the Commissioner shall issue special license plates bearing the legend: FOX HUNTING.

2002, c. 864.

§ 46.2-749.59. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.60. Special license plates bearing the legend: UNLOCKING AUTISM.

On receipt of an application therefor, the Commissioner shall issue special license plates bearing the legend: UNLOCKING AUTISM.

2002, c. 864.

§ 46.2-749.61. Repealed.

Repealed by Acts 2011, c. 21.

§ 46.2-749.62. Special license plates whose design incorporates the flag of the United States.

A. On receipt of an application therefor, the Commissioner shall issue special license plates whose design incorporates the flag of the United States and the legend: FIGHT TERRORISM.

B. On receipt of an application therefor from a member of the Senate or House of Delegates, the Commissioner shall issue to the applicant special license plates combining the designs of special license plates issued under subsection A of this section and special license plates issued to members of the Senate or House of Delegates, as the case may be, under § 46.2-736.1.

2002, c. 864; 2004, c. 984.

§ 46.2-749.63. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.66. Special license plates; victims of attack on USS Cole.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates honoring the persons injured or killed in the attack on the USS Cole (DDG 67) during its refueling in Aden, Yemen, on October 12, 2000.

2002, c. 864.

§ 46.2-749.67. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.68. Special license plates; Parrothead Club.

On receipt of an application therefor, the Commissioner shall issue special license plates to members and supporters of the Parrothead Club.

2002, c. 864.

§ 46.2-749.69. Repealed.

Repealed by Acts 2004, c. 984.

§ 46.2-749.69:1. Repealed.

Repealed by Acts 2021, Sp. Sess. I, c. 269, cl. 2, effective July 1, 2021.

§ 46.2-749.70. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.73. Special license plates; supporters of the Washington Redskins football team; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of the Washington Redskins football team.

B. The annual fee for plates issued pursuant to this section shall be twenty-five dollars in addition to the prescribed fee for state license plates. For each such twenty-five-dollar fee collected in excess of 1,000 registrations pursuant to this section, fifteen dollars shall be paid into the state treasury and credited to a special nonreverting fund known as the Washington Redskins Leadership Council Fund established within the Department of Accounts. These funds shall be paid annually to the Washington Redskins Leadership Council for its use in community programs in Virginia.

2002, c. 864.

§ 46.2-749.73:1. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.74. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.78. Special license plates; United We Stand.

On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates whose design incorporates the flag of the United States of America and the legend: United We Stand.

2002, c. 893; 2006, c. 852.

§ 46.2-749.79. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.80. Special license plates bearing the legend: EDUCATION BEGINS AT HOME.

On receipt of an application therefor, the Commissioner shall issue special license plates bearing the legend: EDUCATION BEGINS AT HOME.

2002, c. 893.

§ 46.2-749.81. Special license plates; supporters of NASA facilities in Virginia.

On receipt of an application therefor, the Commissioner shall issue to the applicant special license plates for supporters of NASA facilities in Virginia.

2002, c. 893; 2018, c. 156.

§ 46.2-749.82. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.84. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.86. Special license plates; members and supporters of the Urban League of Hampton Roads.

On receipt of an application therefor, the Commissioner shall issue special license plates to members and supporters of the Urban League of Hampton Roads.

2003, c. 921.

§ 46.2-749.87. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.89. Special license plates bearing the legend FRIENDS OF TIBET; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates bearing the legend FRIENDS OF TIBET.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Conservancy for Tibetan Art and Culture Fund, established within the Department of Accounts. These funds shall be paid annually to the Conservancy for Tibetan Art and Culture and used to assist in its programs and activities in Virginia.

2003, c. 921.

§ 46.2-749.90. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.93. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.94. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.95. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.98. Repealed.

Repealed by Acts 2004, cc. 717 and 984.

§ 46.2-749.98:1. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.99. Repealed.

Repealed by Acts 2004, c. 717.

§ 46.2-749.101. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.102. Special license plates; supporters of Virginia agriculture; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of Virginia agriculture.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Virginia Agricultural Vitality Program Fund, established within the Department of Accounts. These funds shall be paid annually to the Office of Farm Land Preservation and used to support the Virginia Agricultural Vitality Program.

2004, c. 653.

§ 46.2-749.103. Expired.

Expired.

§ 46.2-749.104. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.105. Special license plates to encourage participation in the organ donor program.

On receipt of an application therefor, the Commissioner shall issue special license plates that encourage participation by Virginia-licensed drivers in the organ donor program.

2004, c. 653.

§ 46.2-749.106. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.108. Repealed.

Repealed by Acts 2011, c. 21.

§ 46.2-749.109. Repealed.

Repealed by Acts 2005, cc. 248 and 908, cl. 2.

§ 46.2-749.109:1. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.110. Special license plates; supporters of the Virginia Sheriffs' Institute; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of the Virginia Sheriffs' Institute.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Virginia Sheriffs' Institute Fund, established within the Department of Accounts. These funds shall be paid annually to the Virginia Sheriffs' Institute and used exclusively to memorialize and honor Virginia law-enforcement officers killed in the line of duty.

2004, c. 700.

§ 46.2-749.111. Special license plates for bicycle enthusiasts.

On receipt of an application therefor, the Commissioner shall issue special license plates to bicycle enthusiasts.

2004, c. 984.

§ 46.2-749.112. Repealed.

Repealed by Acts 2011, c. 21.

§ 46.2-749.113. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.115. Special license plates; Juvenile Diabetes Research Foundation; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue to the applicant special license plates for supporters of the Juvenile Diabetes Research Foundation.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Juvenile Diabetes Research Foundation Fund, established within the Department of Accounts. These funds shall be paid annually to the Juvenile Diabetes Research Foundation and used to support its programs and activities in Virginia.

2004, c. 984.

§ 46.2-749.116. Repealed.

Repealed by Acts 2005, c. 908, cl. 2.

§ 46.2-749.118. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.119. Special license plates; members and supporters of Resolution Virginia; fees.

A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue to the applicant special license plates for members and supporters of Resolution Virginia.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Resolution Virginia Fund, established within the Department of Accounts. These funds shall be paid annually to Resolution Virginia and used to support its programs and activities in Virginia.

2005, c. 248; 2019, c. 402.

§ 46.2-749.120. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.122. Repealed.

Repealed by Acts 2008, c. 114, cl. 1.

§ 46.2-749.126. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.129. Repealed.

Repealed by Acts 2008, c. 114, cl. 1.

§ 46.2-749.130. Special license plates for supporters of the Surfrider Foundation; fees.

A. On receipt of an application therefor and payment of the fee prescribed by this section, and following the provisions of § 46.2-725, other than those relating to the fee for the plates and its disposition, the Commissioner shall issue to the applicant special license plates for supporters of the Surfrider Foundation.

B. The annual fee for plates issued pursuant to this section shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations pursuant to this section, $15 shall be paid into the state treasury and credited to a special nonreverting fund known as the Surfrider Foundation Fund, established within the Department of Accounts. These funds shall be paid annually to the Surfrider Foundation and used by its Virginia Beach chapter to support the protection and enjoyment of oceans, waves, and beaches in Virginia. All other fees imposed under the provisions of this section shall be paid to, and received by, the Commissioner and paid by him into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department of Motor Vehicles.

2005, c. 273; 2014, c. 556.

§ 46.2-749.131. Repealed.

Repealed by Acts 2006, c. 437, cl. 2.

§ 46.2-749.134. Repealed.

Repealed by Acts 2008, c. 114, cl. 1.

Article 11. State and Local Motor Vehicle Registration.

§ 46.2-750. Vehicles of Commonwealth, its political subdivisions, and regional jail authorities.

A. Motor vehicles, trailers, and semitrailers owned by the Commonwealth, political subdivisions of the Commonwealth, and regional jail authorities created pursuant to Article 3.1 (§ 53.1-95.2 et seq.) of Chapter 3 of Title 53.1 and used solely for governmental purposes shall be registered and shall display license plates as provided in this section. The fee for such license plates shall be equal to the cost incurred by the Department in the purchase or manufacture of such license plates. The fees received by the Commissioner under 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 Motor Vehicles.

License plates issued for vehicles owned by the Commonwealth, except plates issued to be used on vehicles (i) devoted solely to police work, (ii) used by the Virginia Economic Development Partnership to the extent approved by the Governor, (iii) used by an institution of higher education solely for purposes of vehicle technology research, or (iv) used by the Governor and the Attorney General, shall have conspicuously and legibly inscribed, stamped, or printed thereon words stating that the vehicle is for official state use only. The Commissioner shall reserve a unique series of numbers for use on such license plates and shall provide for a design and combination of colors which distinguish such license plates from those issued for vehicles owned by the political subdivisions of the Commonwealth.

License plates issued for vehicles owned by political subdivisions of the Commonwealth and regional jail authorities, except such plates issued to be used (i) on vehicles used by any local or regional economic development authority, agency, instrumentality, or organization, upon the request of the chief administrative officer of the affected locality (or, in the case of regional organizations, the chief administrative officer of any of the affected localities) or (ii) on vehicles devoted solely to police work, shall have conspicuously and legibly inscribed, stamped, or printed thereon words stating that the vehicle is for official local government use only. The Commissioner shall reserve a unique series of numbers for use on such license plates and shall provide for a design and combination of colors which distinguish such license plates from those issued for vehicles owned by the Commonwealth.

No other license plates shall be used on vehicles for which official use plates have been issued, except for vehicles used solely for police work and as provided in subsection B of this section.

B. In addition to any other license plate authorized by this section, the Commissioner may issue permanent or temporary license plates for use on vehicles owned by the Commonwealth or any of its departments, institutions, boards, or agencies and used for security or transportation purposes in conjunction with conferences, meetings, or other events involving the Governor or members of the General Assembly. No state agency shall use government funds to cover the costs of any license plates issued under this subsection. The design of these license plates shall be at the discretion of the Commissioner. These license plates shall be issued under the following conditions:

1. For each set of permanent license plates issued, the Commissioner shall charge a fee of $100. The Commissioner shall limit the validity of any set of license plates issued under this subdivision to no more than 30 consecutive days. The Commissioner's written authorization for use of any set of license plates issued under this subdivision shall be kept in the vehicle on which the license plates are displayed until expiration of the authorization.

2. The Commissioner shall limit the validity of each set of temporary license plates to no more than 14 consecutive days. For each set of temporary license plates, the Commissioner shall charge a fee of $25 for the first set and $2 for each additional set. The Commissioner's written authorization for use of any set of license plates issued under this subdivision shall be kept in the vehicle on which the license plates are displayed until expiration of the authorization.

Code 1950, § 46-48; 1958, c. 541, § 46.1-49; 1970, c. 66; 1974, c. 129; 1982, c. 317; 1989, cc. 110, 727; 1994, 1st Sp. Sess., c. 6; 1995, cc. 432, 747; 1996, cc. 590, 598, 1026; 2004, c. 721; 2016, cc. 302, 707.

§ 46.2-750.1. Vehicles used for police work.

Motor vehicles, trailers, and semitrailers owned by the Commonwealth and the counties, cities, and towns thereof and used solely for police work may be issued the same license plates as those issued in registration of vehicles owned by private citizens. The head of a state agency, the chief of police of a city, county, or town having a police department, or the sheriff of a city or county, shall certify under oath and the law-enforcement agencies of the federal government shall certify to the Commissioner of Motor Vehicles the vehicles to be used solely for police work.

1989, cc. 48, 110, §§ 46.1-49, 46.1-49.1.

§ 46.2-751. State-owned passenger vehicles.

Except as provided in subsection B of § 46.2-750, the Commissioner shall not issue any license plates for use on vehicles owned by the Commonwealth or any of its departments, institutions, boards, or agencies and used for passenger transportation unless written application has been filed with the Governor showing the necessity for the use and unless the Governor has directed the Commissioner to issue the license plates.

Code 1950, § 46-55; 1958, c. 541, § 46.1-57; 1972, c. 723; 1989, c. 727; 1994, 1st Sp. Sess., c. 6.

§ 46.2-752. Taxes and license fees imposed by counties, cities, and towns; limitations on amounts; disposition of revenues; requiring evidence of payment of personal property taxes and certain fines; prohibiting display of licenses after expiration; failure to display valid local license required by other localities; penalty.

A. Except as provided in § 46.2-755, counties, cities, and towns may levy and assess taxes and charge license fees on motor vehicles, trailers, and semitrailers. However, none of these taxes and license fees shall be assessed or charged by any county on vehicles owned by residents of any town located in the county when such town constitutes a separate school district if the vehicles are already subject to town license fees and taxes, nor shall a town charge a license fee to any new resident of the town, previously a resident of a county within which all or part of the town is situated, who has previously paid a license fee for the same tax year to such county. The amount of the license fee or tax imposed by any county, city, or town on any motor vehicle, trailer, or semitrailer shall not be greater than the annual or one-year fee imposed by the Commonwealth on the motor vehicle, trailer, or semitrailer in effect on January 1, 2020. The license fees and taxes shall be imposed in such manner, on such basis, for such periods, and subject to proration for fractional periods of years, as the proper local authorities may determine.

Owners or lessees of motor vehicles, trailers, and semitrailers who have served outside of the United States in the armed services of the United States shall have a 90-day grace period, beginning on the date they are no longer serving outside the United States, in which to comply with the requirements of this section. For purposes of this section, "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.

Local licenses may be issued free of charge for any or all of the following:

1. Vehicles powered by clean special fuels as defined in § 46.2-749.3, including dual-fuel and bi-fuel vehicles,

2. Vehicles owned by volunteer emergency medical services agencies,

3. Vehicles owned by volunteer fire departments,

4. Vehicles owned or leased by active members or active auxiliary members of volunteer emergency medical services agencies,

5. Vehicles owned or leased by active members or active auxiliary members of volunteer fire departments,

6. Vehicles owned or leased by auxiliary police officers,

7. Vehicles owned or leased by volunteer police chaplains,

8. Vehicles owned by surviving spouses of persons qualified to receive special license plates under § 46.2-739,

9. Vehicles owned or leased by auxiliary deputy sheriffs or volunteer deputy sheriffs,

10. Vehicles owned by persons qualified to receive special license plates under § 46.2-739,

11. Vehicles owned by any of the following who served at least 10 years in the locality: former members of volunteer emergency medical services agencies, former members of volunteer fire departments, former auxiliary police officers, members and former members of authorized police volunteer citizen support units, members and former members of authorized sheriff's volunteer citizen support units, former volunteer police chaplains, and former volunteer special police officers appointed under former § 15.2-1737. In the case of active members of volunteer emergency medical services agencies and active members of volunteer fire departments, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the locality, of their active affiliation or membership, and no member of an emergency medical services agency or member of a volunteer fire department shall be issued more than one such license free of charge,

12. All vehicles having a situs for the imposition of licensing fees under this section in the locality,

13. Vehicles owned or leased by deputy sheriffs; however, no deputy sheriff shall be issued more than one such license free of charge,

14. Vehicles owned or leased by police officers; however, no police officer shall be issued more than one such license free of charge,

15. Vehicles owned or leased by officers of the State Police; however, no officer of the State Police shall be issued more than one such license free of charge,

16. Vehicles owned or leased by salaried firefighters; however, no salaried firefighter shall be issued more than one such license free of charge,

17. Vehicles owned or leased by salaried emergency medical services personnel; however, no salaried emergency medical services personnel shall be issued more than one such license free of charge,

18. Vehicles with a gross weight exceeding 10,000 pounds owned by museums officially designated by the Commonwealth,

19. Vehicles owned by persons, or their surviving spouses, qualified to receive special license plates under subsection A of § 46.2-743, and

20. Vehicles owned or leased by members of the Virginia Defense Force; however, no member of the Virginia Defense Force shall be issued more than one such license free of charge.

The governing body of any county, city, or town issuing licenses under this section may by ordinance provide for a 50 percent reduction in the fee charged for the issuance of any such license issued for any vehicle owned or leased by any person who is 65 years old or older. No such discount, however, shall be available for more than one vehicle owned or leased by the same person.

The governing body of any county, city, or town issuing licenses free of charge under this subsection may by ordinance provide for (i) the limitation, restriction, or denial of such free issuance to an otherwise qualified applicant, including without limitation the denial of free issuance to a taxpayer who has failed to timely pay personal property taxes due with respect to the vehicle and (ii) the grounds for such limitation, restriction, or denial.

The situs for the imposition of licensing fees under this section shall in all cases, except as hereinafter provided, be the county, city, or town in which the motor vehicle, trailer, or semitrailer is normally garaged, stored, or parked. If it cannot be determined where the personal property is normally garaged, stored, or parked, the situs shall be the domicile of its owner. In the event the owner of the motor vehicle is a full-time student attending an institution of higher education, the situs shall be the domicile of such student, provided the student has presented sufficient evidence that he has paid a personal property tax on the motor vehicle in his domicile.

B. The revenue derived from all county, city, or town taxes and license fees imposed on motor vehicles, trailers, or semitrailers shall be applied to general county, city, or town purposes.

C. A county, city, or town may require that no motor vehicle, trailer, or semitrailer shall be locally licensed until the applicant has produced satisfactory evidence that all personal property taxes on the motor vehicle, trailer, or semitrailer to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle, trailer, or semitrailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the county, city, or town. A county, city, or town may also provide that no motor vehicle license shall be issued unless the tangible personal property taxes properly assessed or assessable by that locality on any tangible personal property used or usable as a dwelling titled by the Department of Motor Vehicles and owned by the taxpayer have been paid. Any county and any town within any such county may by agreement require that all personal property taxes assessed by either the county or the town on any vehicle be paid before licensure of such vehicle by either the county or the town.

C1. The Counties of Dinwiddie, Lee, and Wise may, by ordinance or resolution adopted after public notice and hearing and, with the consent of the treasurer, require that no license may be issued under this section unless the applicant has produced satisfactory evidence that all fees, including delinquent fees, payable to such county or local solid waste authority, for the disposal of solid waste pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.), or pursuant to § 15.2-2159, have been paid in full. For purposes of this subsection, all fees, including delinquent fees, payable to a county for waste disposal services described herein, shall be paid to the treasurer of such county; however, in Wise County, the fee shall be paid to the county or its agent.

D. The Counties of Arlington, Fairfax, Loudoun, and Prince William and towns within them and any city may require that no motor vehicle, trailer, or semitrailer shall be licensed by that jurisdiction unless all fines owed to the jurisdiction by the owner of the vehicle, trailer, or semitrailer for violation of the jurisdiction's ordinances governing parking of vehicles have been paid. The provisions of this subsection shall not apply to vehicles owned by firms or companies in the business of renting motor vehicles.

E. If in any county imposing license fees and taxes under this section, a town therein imposes like fees and taxes on vehicles of owners resident in the town, the owner of any vehicle subject to the fees or taxes shall be entitled, on the owner's displaying evidence that he has paid the fees or taxes, to receive a credit on the fees or taxes imposed by the county to the extent of the fees or taxes he has paid to the town. Nothing in this section shall deprive any town now imposing these licenses and taxes from increasing them or deprive any town not now imposing them from hereafter doing so, but subject to the limitations provided in subsection D. The governing body of any county and the governing body of any town in that county wherein each imposes the license tax herein provided may provide mutual agreements so that not more than one license plate or decal in addition to the state plate shall be required.

F. Notwithstanding the provisions of subsection E, in a consolidated county wherein a tier-city exists, the tier-city may, in accordance with the provisions of the agreement or plan of consolidation, impose license fees and taxes under this section in addition to those fees and taxes imposed by the county, provided that the combined county and tier-city rates do not exceed the maximum provided in subsection A. No credit shall be allowed on the fees or taxes imposed by the county for fees or taxes paid to the tier-city, except as may be provided by the consolidation agreement or plan. The governing body of any county and the governing body of any tier-city in such county wherein each imposes the license tax herein may provide by mutual agreement that no more than one license plate or decal in addition to the state license plate shall be required.

G. Any county, city, or town may by ordinance provide that it shall be unlawful for any owner or operator of a motor vehicle, trailer, or semitrailer (i) to fail to obtain and, if any required by such ordinance, to display the local license required by any ordinance of the county, city or town in which the vehicle is registered, or (ii) to display upon a motor vehicle, trailer, or semitrailer any such local license, required by ordinance to be displayed, after its expiration date. The ordinance may provide that a violation shall constitute a misdemeanor the penalty for which shall not exceed that of a Class 4 misdemeanor and may, in the case of a motor vehicle registered to a resident of the locality where such vehicle is registered, authorize the issuance by local law-enforcement officers of citations, summonses, parking tickets, or uniform traffic summonses for violations. Any such ordinance may also provide that a violation of the ordinance by the registered owner of the vehicle may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license has been obtained. Nothing in this section shall be construed to require a county, city, or town to issue a decal or any other tangible evidence of a local license to be displayed on the licensed vehicle if the county's, city's, or town's ordinance does not require display of a decal or other evidence of payment. No ordinance adopted pursuant to this section shall require the display of any local license, decal, or sticker on any vehicle owned by a public service company, as defined in § 56-76, having a fleet of at least 2,500 vehicles garaged in the Commonwealth.

H. Except as provided by subsections E and F, no vehicle shall be subject to taxation under the provisions of this section in more than one jurisdiction. Furthermore, no person who has purchased a local vehicle license, decal, or sticker for a vehicle in one county, city, or town and then moves to and garages his vehicle in another county, city, or town shall be required to purchase another local license, decal, or sticker from the county, city, or town to which he has moved and wherein his vehicle is now garaged until the expiration date of the local license, decal, or sticker issued by the county, city, or town from which he moved.

I. Purchasers of new or used motor vehicles shall be allowed at least a 10-day grace period, beginning with the date of purchase, during which to pay license fees charged by local governments under authority of this section.

J. The treasurer or director of finance of any county, city, or town may enter into an agreement with the Commissioner whereby the Commissioner will refuse to issue or renew any vehicle registration of any applicant therefor who owes to such county, city, or town any local vehicle license fees or delinquent tangible personal property tax or parking citations. Before being issued any vehicle registration or renewal of such license or registration by the Commissioner, the applicant shall first satisfy all such local vehicle license fees and delinquent taxes or parking citations and present evidence satisfactory to the Commissioner that all such local vehicle license fees and delinquent taxes or parking citations have been paid in full. However, a vehicle purchased by an applicant subsequent to the onset of enforcement action under this subsection may be issued an initial registration for a period of up to 90 days to allow the applicant to satisfy all applicable requirements under this subsection, provided that a fee sufficient for the registration period, as calculated under subsection B of § 46.2-694, is paid. Such initial registration shall not be eligible for the one-month registration extension provided for in § 46.2-646.2 for this same purpose. The Commissioner shall charge a reasonable fee to cover the costs of such enforcement action, and the treasurer or director of finance may add the cost of this fee to the delinquent tax bill or the amount of the parking citation. The treasurer or director of finance of any county, city, or town seeking to collect delinquent taxes or parking citations through the withholding of registration or renewal thereof by the Commissioner as provided for in this subsection shall notify the Commissioner in the manner provided for in his agreement with the Commissioner and supply to the Commissioner information necessary to identify the debtor whose registration or renewal is to be denied. Any agreement entered into pursuant to the provisions of this subsection shall provide the debtor notice of the intent to deny renewal of registration or issuance of registration for any currently unregistered vehicle at least 30 days prior to the expiration date of a current vehicle registration. For the purposes of this subsection, notice by first-class mail to the registrant's address as maintained in the records of the Department of Motor Vehicles shall be deemed sufficient. In the case of parking violations, the Commissioner shall only refuse to issue or renew the vehicle registration of any applicant therefor pursuant to this subsection for the vehicle that incurred the parking violations. The provisions of this subsection shall not apply to vehicles owned by firms or companies in the business of renting motor vehicles.

K. The governing bodies of any two or more counties, cities, or towns may enter into compacts for the regional enforcement of local motor vehicle license requirements. The governing body of each participating jurisdiction may by ordinance require the owner or operator of any motor vehicle, trailer, or semitrailer to display on his vehicle a valid local license issued by another county, city, or town that is a party to the regional compact, provided that the owner or operator is required by the jurisdiction of situs, as provided in § 58.1-3511, to obtain and display such license. The ordinance may also provide that no motor vehicle, trailer, or semitrailer shall be locally licensed until the applicant has produced satisfactory evidence that (i) all personal property taxes on the motor vehicle, trailer, or semitrailer to be licensed have been paid to all participating jurisdictions and (ii) any delinquent motor vehicle, trailer, or semitrailer personal property taxes that have been properly assessed or are assessable by any participating jurisdiction against the applicant have been paid. Any city and any county having the urban county executive form of government, the counties adjacent to such county and towns within them may require that no motor vehicle, trailer, or semitrailer shall be licensed by that jurisdiction or any other jurisdiction in the compact unless all fines owed to any participating jurisdiction by the owner of the vehicle for violation of any participating jurisdiction's ordinances governing parking of vehicles have been paid. The ordinance may further provide that a violation shall constitute a misdemeanor the penalty for which shall not exceed that of a Class 4 misdemeanor. Any such ordinance may also provide that a violation of the ordinance by the owner of the vehicle may not be discharged by payment of a fine and applicable court costs except upon presentation of satisfactory evidence that the required license has been obtained. The provisions of this subsection shall not apply to vehicles owned by firms or companies in the business of renting motor vehicles.

L. In addition to the taxes and license fees permitted in subsection A, counties, cities, and towns may charge a license fee of no more than $1 per motor vehicle, trailer, and semitrailer. Except for the provisions of subsection B, such fee shall be subject to all other provisions of this section. All funds collected pursuant to this subsection shall be paid pursuant to § 51.1-1204 to the Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund to the accounts of all members of the Fund who are volunteers for fire departments or emergency medical services agencies within the jurisdiction of the particular county, city, or town.

M. In any county, the county treasurer or comparable officer and the treasurer of any town located wholly or partially within such county may enter into a reciprocal agreement, with the approval of the respective local governing bodies, that provides for the town treasurer to collect license fees or taxes on any motor vehicle, trailer, or semitrailer owed to the county that are non-delinquent, delinquent, or both or for the county treasurer to collect license fees or taxes on any motor vehicle, trailer, or semitrailer owed to the town that are non-delinquent, delinquent, or both. A treasurer or comparable officer collecting any such license fee or tax pursuant to an agreement entered into under this subsection shall account for and pay over such amounts to the locality owed such license fee or tax in the same manner as provided by law. As used in this subsection, with regard to towns, "treasurer" means the town officer or employee vested with authority by the charter, statute, or governing body to collect local taxes.

N. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

Code 1950, § 46-64; 1950, p. 240; 1952, c. 169; 1954, cc. 491, 594; 1956, cc. 66, 549, 570; 1958, c. 541, § 46.1-65; 1959, Ex. Sess., cc. 22, 55; 1962, c. 574; 1964, c. 218; 1972, c. 200; 1974, c. 621; 1975, c. 105; 1977, c. 166; 1979, c. 185; 1980, c. 105; 1982, c. 85; 1984, cc. 308, 630, 695; 1986, c. 123; 1987, cc. 208, 243; 1989, cc. 321, 706, 727; 1990, cc. 181, 187, 188, 455; 1991, c. 622; 1992, cc. 226, 355, 794, 806; 1993, cc. 50, 63, 175, 565; 1994, cc. 528, 962; 1995, cc. 91, 412, 449, 460, 479, 659; 1996, cc. 89, 562; 1997, cc. 246, 499, 905, 911; 1998, c. 649; 1999, c. 236; 2000, c. 303; 2001, cc. 338, 471, 605, 606; 2002, cc. 206, 553; 2003, c. 326; 2004, cc. 689, 723; 2005, c. 317; 2006, c. 148; 2007, cc. 213, 230, 813, 865; 2008, cc. 163, 457, 591; 2009, cc. 366, 756, 843; 2010, cc. 125, 131; 2013, c. 82; 2014, c. 543; 2015, cc. 69, 502, 503; 2017, cc. 119, 670; 2018, c. 431; 2020, cc. 1230, 1275.

§ 46.2-752.1. Repealed.

Repealed by Acts 2018, cc. 286 and 288, cl. 2.

§ 46.2-753. Additional license fees in certain localities.

Notwithstanding any other provision of law, the governing bodies of Alexandria, Arlington, Fairfax County, Fairfax City, and Falls Church are authorized to charge annual license fees, in addition to those specified in § 46.2-752, on passenger cars, including passenger cars that are used as TNC partner vehicles as defined in § 46.2-2000, but not on passenger cars that are otherwise used for the transportation of passengers for compensation. The additional fee shall be no more than $5. The total local license fee shall be no more than $25 on any vehicle, and this license fee shall not be imposed on any motor vehicle exempted under § 46.2-739.

The governing bodies are also authorized to charge additional annual license fees on the motor vehicles, trailers, and semitrailers as specified in § 46.2-697 in an amount of no more than $5 for each such vehicle. This authorization shall not increase the maximum chargeable by more than $5 or affect any existing exemption.

Any funds acquired in excess of those allowed by § 46.2-752, shall be allocated to the Northern Virginia Transportation Commission to be a credit to that locality making the payment for its share of any operating deficit assigned to it by the Washington Metropolitan Area Transit Authority.

1974, c. 487; 1977, c. 258, § 46.1-65.1; 1989, c. 727; 2015, cc. 2, 3.

§ 46.2-754. Local motor vehicle licenses in Arlington County.

Arlington County may by ordinance require the owner of any motor vehicle, trailer, or semitrailer to obtain and display a license from the county licensing authority designated by the ordinance. The ordinance may also require that the license be obtained only after showing satisfactory evidence that all personal property taxes on the motor vehicle, trailer, or semitrailer have been paid, and that any delinquent personal property taxes assessed or assessable against the vehicle have been paid. The ordinance may also prohibit the display of the license after its expiration date and may prescribe the form of the license. This license requirement shall be imposed in such manner, on such basis, for such period, and subject to proration for fractional periods of years as the governing body requires.

The situs for the imposition of the license requirement under the ordinance shall be the locality in which the vehicle is normally garaged, stored, or parked. If it cannot be determined where it is normally garaged, stored, or parked, the situs shall be the domicile of its owner.

The ordinance may provide that no motor vehicle, trailer, or semitrailer may be licensed by the county unless all fines owed by the owner of the vehicle for violation of the county's parking ordinances have been paid.

The ordinance may provide that a violation of such ordinance constitutes a misdemeanor the penalty for which shall not exceed that of a Class 4 misdemeanor.

1988, c. 451, § 46.1-65.2; 1989, c. 727.

§ 46.2-755. Limitations on imposition of motor vehicle license taxes and fees.

A. No locality shall impose any motor vehicle license tax or fee on any motor vehicle, trailer, or semitrailer when:

1. A similar tax or fee is imposed by the locality wherein the vehicle is normally garaged, stored, or parked;

2. The vehicle is owned by a nonresident of such locality and is used exclusively for pleasure or personal transportation or as a TNC partner vehicle as defined in § 46.2-2000 and not otherwise for hire or for the conduct of any business or occupation other than that set forth in subdivision 3;

3. The vehicle is (i) owned by a nonresident and (ii) used for transporting into and within the locality, for sale in person or by his employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him, and not purchased by him for sale;

4. The motor vehicle, trailer, or semitrailer is owned by an officer or employee of the Commonwealth who is a nonresident of such locality and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use;

5. The motor vehicle, trailer, or semitrailer is kept by a dealer or manufacturer for sale or for sales demonstration;

6. The motor vehicle, trailer, or semitrailer is operated by a common carrier of persons or property operating between cities and towns in the Commonwealth and not in intracity transportation or between cities and towns on the one hand and points and places outside cities and towns on the other and not in intracity transportation;

7. The motor vehicle, trailer, or semitrailer is inoperable and unlicensed pursuant to § 46.2-734; or

8. The motor vehicle, trailer, or semitrailer qualifies and is licensed as an antique vehicle pursuant to § 46.2-730.

B. No locality shall impose a license fee for any one motor vehicle owned and used personally by any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Department and has been issued a disabled veteran's motor vehicle license plate as prescribed in § 46.2-739.

C. No locality shall impose any license tax or license fee or the requirement of a license tag, sticker or decal upon any daily rental vehicle, as defined in § 58.1-1735, the rental of which is subject to the tax imposed by subdivision A 2 of § 58.1-1736.

D. In the rental agreement between a motor vehicle renting company and a renter, the motor vehicle renting company may separately itemize and charge daily fees or transaction fees to the renter, provided that the amounts of such fees are disclosed at the time of reservation and rental as part of any estimated pricing provided to the renter. Such fees include a vehicle license fee to recover the company's incurred costs in licensing, titling, and registering its rental fleet, concession recovery fees actually charged the company by an airport, or other governmentally owned or operated facility, and consolidated facility charges actually charged by an airport, or other governmentally owned or operated facility for improvements to or construction of facilities at such facility where the motor vehicle rental company operates. The vehicle license fee shall represent the company's good faith estimate of the average per day per vehicle portion of the company's total annual vehicle licensing, titling, and registration costs.

No motor vehicle renting company charging a vehicle license fee, concession recovery fee, or consolidated facility charge may make an advertisement in the Commonwealth that includes a statement of the rental rate for a vehicle available for rent in the Commonwealth unless such advertisement includes a statement that the customer will be required to pay a vehicle license fee, concession recovery fee, or consolidated facility charge. The vehicle license fee, concession recovery fee, or consolidated facility charge shall be shown as a separately itemized charge on the rental agreement. The vehicle license fee shall be described in either the terms and conditions of the rental agreement as the "estimated average per day per vehicle portion of the company's total annual vehicle licensing, titling, and registration costs" or, for renters participating in an extended rental program pursuant to a master rental agreement, by posting such statement on the rental company website.

Any amounts collected by the motor vehicle renting company in excess of the actual amount of its costs incurred relating to its vehicle license fees shall be retained by the motor vehicle renting company and applied toward the recovery of its next calendar year's costs relating to such fees. In such event, the good faith estimate of any vehicle license fee to be charged by the company for the next calendar year shall be reduced to take into account the excess amount collected from the prior year.

E. As used in this section, common carrier of persons or property includes any person who undertakes, whether directly or by lease or any other arrangement, to transport passengers or household goods for the general public by motor vehicle for compensation over the highways of the Commonwealth, whether over regular or irregular routes, that has obtained the required certificate from the Department of Motor Vehicles pursuant to § 46.2-2075 or 46.2-2150.

Code 1950, § 46-65; 1950, p. 407; 1954, c. 575; 1958, c. 541, § 46.1-66; 1959, Ex. Sess., c. 22; 1976, cc. 5, 339; 1978, c. 188; 1984, c. 156; 1985, c. 123; 1989, c. 727; 1997, cc. 283, 496, 853; 2006, c. 515; 2007, c. 296; 2011, cc. 405, 639, 881, 889; 2015, cc. 2, 3; 2017, c. 372.

§ 46.2-755.1. Repealed.

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

§ 46.2-756. Collection by Department of certain license fees.

The Department shall develop and implement standardized procedures and fees whereby, upon the written request of the governing body of any county, city, or town, the Department may collect motor vehicle, trailer, and semitrailer license fees, or portions thereof, provided the portions are for the identical period as the state license plate, levied by such county, city, or town. The Department shall make such charge as may be proper to defray the cost of handling such fees, and such monies as may be received shall be used by the Commissioner to defray the expenses of the Department incurred hereunder. All receipts from the local fees collected shall be deposited in a fiduciary account, and any interest that may accrue shall be credited to such account for the benefit of the participating counties, cities, and towns. However, before a registration or certificate of title is issued under the requirements of § 46.2-600 the owner of the motor vehicle, trailer, or semitrailer shall advise the Department of the situs, as provided in subsection A of § 46.2-752, of the motor vehicle, trailer, or semitrailer. The Department of Motor Vehicles shall not collect the motor vehicle, trailer, or semitrailer license fee of a county, city, or town on motor vehicles or vehicles falling within the provisions of § 46.2-755.

Code 1950, § 46-104.2; 1952, c. 395; 1958, c. 541, § 46.1-111; 1975, c. 533; 1977, c. 388; 1982, c. 160; 1984, c. 47; 1989, c. 727; 2003, c. 293; 2006, c. 418.

Article 12. Insurance Requirements for Motor Carriers.

§ 46.2-757. Repealed.

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

§ 46.2-769. Repealed.

Repealed by Acts 1997, c. 283.