Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 6. Titling and Registration of Motor Vehicles
5/11/2021

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.