Title 46.2, Title 46.2. Motor Vehicles

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

A. Applications for a permit or certificate of fitness or renewal of a permit or certificate of fitness under this chapter shall be made to the Department and contain such information as the Department shall require. Such information shall include, in the application or otherwise…

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

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

A. The Department may act upon any application required under this chapter without a hearing, unless such application is protested by any party based upon fitness allegations. Parties may protest an application by submitting written grounds to the Department setting forth (i) a p…

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

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

All permits and certificates of fitness issued under this chapter shall be issued for a period of 12 consecutive months except, at the discretion of the Department, the periods may be adjusted as necessary. Such permits and certificates shall expire if not renewed annually. Such …

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

Every person who operates a property-carrying vehicle for compensation over the highways of the Commonwealth shall be required to pay an annual fee of $10 for each such vehicle so operated, unless (i) such operation is exempted from this chapter; (ii) the property-carrying vehicl…

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

A. Every applicant for an original certificate of fitness under this chapter shall obtain and file with the Department, along with the application, a surety bond or an irrevocable letter of credit, in addition to any other bond or letter of credit required by law, in the amount o…

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

A. The Department is hereby authorized to require annual, periodical, or special reports from motor carriers, except such as are exempted from the operation of the provisions of this chapter; to prescribe the manner and form in which such reports shall be made; and to require fro…

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

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

A. Any police officer of the Commonwealth authorized to serve process may hold a motor vehicle owned by a person against whom an order or penalty has been entered, but only for such time as is reasonably necessary to promptly petition for a writ of fieri facias. The Commonwealth …

It shall be unlawful for any person to operate or cause to be operated on any highway in the Commonwealth any motor vehicle that (i) does not carry the proper registration and identification that this title requires, (ii) does not display an identification marker issued for such …

A. The following violations of laws shall be punished as follows: 1. Any person who does not declare a motor vehicle to be operated for hire when required by § 46.2-2121.1 or otherwise obtain a proper registration card or other evidence of registration as required by Chapter 6 (§…

A. Any person knowingly and willfully violating any provision of this chapter, or any rule or regulation thereunder, or any term or condition of any certificate or permit for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than …

The Department may impose a civil penalty not exceeding $1,000 if any person has: 1. Made any misrepresentation of a material fact to obtain proper operating credentials as required by this chapter or other requirements in this title regulating the operation of motor vehicles; 2.…

A certificate of fitness issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds, where applicable: 1. Material misstatement or omission in application for certificate of fitness or vehicle registration; 2. Failure to comply subs…

A permit issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds: 1. Failure to submit to the Department any tax, fees, fines, or penalties owed to the Department. 2. Failure to maintain and keep on file with the Department motor…

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

A. Except as provided in subsection D, unless otherwise provided in this chapter, no permit or certificate of fitness issued under this chapter shall be suspended or revoked, or renewal thereof refused, unless the permittee or certificate holder has been furnished a written copy …

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

The Department shall not accept an application for a permit or certificate from an applicant where such credentials have been revoked pursuant to this chapter until the period of revocation imposed by the Department has passed. The Department shall process such applications under…

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

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

Unless otherwise stated, this article shall apply to all motor carriers as defined under this chapter.

Each motor carrier shall keep in force at all times insurance, a bond or bonds, in an amount required by this article.

No certificate of fitness, permit, registration card, or license plate shall be issued by the Department to any motor carrier or for any vehicle operated by or on behalf of a motor carrier until the motor carrier certifies to the Department that the vehicle is covered by one or m…

A. All motor carriers shall keep in force at all times insurance, a bond, or bonds in an amount required by this section. However, motor carriers exempt under subdivision 6 of § 46.2-2101 shall only be required to keep in force insurance, a bond, or bonds in the amount required b…

A. The provisions of this section shall apply only to motor carriers exempt under subdivision 6 of § 46.2-2101 and insurance policies maintained by such carriers pursuant to this article. B. Insurance coverage for motor carriers shall be primary, and the requirements of § 46.2-21…

A. Each motor carrier shall keep on file with the Department proof of an insurance policy or bond in accordance with this article. Record of the policy or bond shall remain in the files of the Department six months after the certificate of fitness, registration card, license plat…

The insurance, bond or other security provided for in § 46.2-2144 shall obligate the insurer or surety to pay any final judgment for (i) damages sustained by the shippers or consignees for injury to any passenger or passengers or for loss or damage to property entrusted to such m…

The provisions of subdivisions 4, 6, 11 and 12 of subsection A of § 38.2-510 shall apply to each holder of a certificate of fitness or permit issued by and under the authority of the Department who, in lieu of filing an insurance policy, has deposited with the State Treasurer sta…

Household goods carriers transporting solely household goods under a certificate of fitness issued pursuant to this chapter are exempt from the provisions of this article.

No property carrier, unless otherwise exempted, shall transport property on any highway within the Commonwealth on an intrastate basis without first having obtained from the Department a permit authorizing such operation.

Household goods carriers transporting household goods for a lesser distance than thirty-one road miles are exempt from this article except the provisions of § 46.2-2168.

No household goods carrier, unless otherwise exempted, shall engage in intrastate operations on any highway within the Commonwealth without first having obtained from the Department a certificate of fitness authorizing such operation.

In determining whether the certificate of fitness required by this article shall be granted, the Department may, among other things, consider the provisions of § 46.2-2108.6, the applicant's character and fitness, and the applicant's compliance with federal, state, and local taxe…

Every household goods carrier is hereby declared to be subject to control, supervision and regulation by the Department.

As to household goods carriers, the provisions of this chapter shall be controlling, and no laws in conflict herewith, or inconsistent herewith, shall have any application to such carriers.

Notwithstanding anything contained in this chapter to the contrary, no household goods carrier shall abandon or discontinue either temporarily or permanently any service established under the provisions of this chapter without permission of the Department and on such terms as the…

The Department shall regulate and control all household goods carriers not herein exempted, doing business in the Commonwealth, in all matters relating to the performance of their duties as such carriers and their rates and charges therefor, which rates and charges shall be filed…