Title 46.2, Motor Vehicles

It shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or their representatives: 1. To coerce or attempt to coerce any dealer to accept delivery of any motorcycle or motorcycles, parts or accesso…

A discontinuation, cancellation, or nonrenewal of a franchise agreement is unfair if it is not clearly permitted by the franchise agreement, is not undertaken in good faith, is not undertaken for good cause, or is based on an alleged breach of the franchise agreement that is not …

A. In the event of any involuntary discontinuation, cancellation, or nonrenewal of a franchise agreement, the manufacturer or distributor shall, within 60 days from the effective date of the discontinuation, cancellation, or nonrenewal of a franchise agreement, repurchase at the …

Notwithstanding the terms of any franchise agreement, in the event of a proposed sale or transfer of a dealership, the manufacturer or distributor shall be permitted to exercise a right of first refusal to acquire the new motorcycle dealer's assets or ownership, if such sale or t…

If the contract between a distributor and a manufacturer or importer is terminated or otherwise discontinued, all franchises granted to motorcycle dealers in the Commonwealth by that distributor shall continue in full force and shall not be affected by the discontinuance, except …

A. Each motorcycle manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its motorcycle dealers licensed in the Commonwealth the dealer's obligations for preparation, delivery, and warranty service on its products and (ii) compen…

It shall be unlawful for any motorcycle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to own, operate, or control any motorcycle dealership in the Commonwealth. However, this section shall not prohibit: 1. The operation by a manufacturer, fa…

It shall be unlawful for any motorcycle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to own, operate, or control, either directly or indirectly, any motorcycle warranty or service facility located in the Commonwealth. Nothing in this sectio…

A. In every case of a hearing before the Commissioner authorized under this article, the Commissioner shall give reasonable notice of each hearing to all interested parties, and the Commissioner's decision shall be binding on the parties, subject to the rights of judicial review …

Franchised late model or factory repurchase motorcycle dealers shall have the same rights and obligations as provided for franchised new motorcycle dealers in this article, mutatis mutandis.

The following words, terms, and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context indicates otherwise: "Actual cash value," as applied to a vehicle, means the retail cash value of the vehicle prior to damage as det…

A. It shall be unlawful for any person to engage in business in the Commonwealth as an auto recycler, salvage pool, or vehicle removal operator without first acquiring a license issued by the Commissioner for each such business at each location. The fee for the first such license…

A. Any license issued under this chapter shall be conspicuously displayed at the licensed place of business. The licensee shall display his usual business hours at the licensed place of business. The hours shall be posted and maintained conspicuously on or near the main entrance …

If a licensee is a partnership or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license that any officer, director, or trustee of the partnership or corporation, or any member in the case of a partnership, has committed any act or omitte…

The Commissioner may deny, suspend, or revoke a license under this chapter on any one or more of the following grounds: 1. Material misstatement or omission in application for license, certificate of title, salvage certificate, or nonrepairable certificate; 2. Failure to comply s…

A. It shall be unlawful: 1. For any scrap metal processor to sell a vehicle or vehicle components or parts; 2. For any salvage pool to sell either in person or through any Internet auction a salvage vehicle stored in the Commonwealth to any person who is not licensed as an auto r…

Except as otherwise provided in § 46.2-1602.3, every insurance company which acquires, as a result of the claims process, any late model vehicle titled in the Commonwealth or any recovered stolen vehicle whose estimated cost of repair exceeds 75 percent of its actual cash value s…

A repairable vehicle, as defined in § 46.2-1600, shall be exempt from the remaining provisions of this chapter, provided that the insurance company responsible for repair (i) notifies the Department of each late model vehicle declared repairable, and that (ii) upon discovery by t…

A. Notwithstanding any provision of this chapter to the contrary, an insurance company, or authorized agent of an insurance company, may obtain a nonrepairable certificate for a vehicle titled in the Commonwealth and acquired by the insurance company through the claims process wi…

A. The owner of any vehicle titled in the Commonwealth may declare such vehicle to be a salvage vehicle and apply to the Department and obtain a salvage certificate for that vehicle. B. Every insurance company or its authorized agent shall apply to the Department and obtain a sal…

A. If a salvage vehicle is purchased by a salvage dealer and the vehicle is sold as a unit to anyone other than a demolisher, rebuilder, vehicle removal operator, or scrap metal processor, the purchaser shall obtain from the Department a salvage certificate. If the sale is to a d…

A. The owner of any vehicle titled in the Commonwealth may declare such vehicle to be a nonrepairable vehicle by applying to the Department for a nonrepairable certificate. The application shall be accompanied by the vehicle's title certificate or salvage certificate. B. Every in…

Each rebuilder shall have in his possession a certificate of title or salvage certificate assigned to him for each vehicle in his inventory for resale. If a rebuilder purchases a salvage vehicle to be used or sold for parts only, he shall conspicuously indicate on the salvage cer…

A. Each salvage vehicle that has been rebuilt for use on the highways shall be submitted for a state safety inspection in accordance with § 46.2-1157. The inspection shall be conducted by an inspector wholly unaffiliated with the person requesting the inspection of the vehicle. B…

A. The Commissioner may accept certificates of titles for salvage vehicles or other documents deemed appropriate by the Department issued by other states indicating a vehicle has been declared salvage, and shall carry forward all appropriate brands or indicators. If the vehicle h…

The Commissioner or any person authorized by the Commissioner or any law-enforcement officer, during the usual business hours, may examine any records, books, papers, or other documents required to be maintained by this chapter, and may examine any vehicle or component part of an…

A. Each licensee shall maintain a record of the receipt and sale of any vehicle. Such record shall be maintained at the licensee's place of business. The record, at a minimum, shall contain: 1. A description of each vehicle sold, purchased, exchanged, or acquired by the licensee,…

A. The governing body of any county, city, or town may by ordinance require each licensee within the jurisdiction to make a written or electronic report of the information required to be maintained by § 46.2-1608, at the request of the police department or sheriff, on a daily bas…

A. A licensed auto recycler may be exempted from the waiting period in subsection B of § 46.2-1608.1 by: 1. Entering into a contractual agreement with the Department to update records of motor vehicles to be demolished or dismantled if such motor vehicles either have been issued …

A. First violations of any provision of this chapter shall constitute a Class 1 misdemeanor, and second and subsequent violations of any provision of this chapter shall constitute a Class 5 felony. Upon receipt of any such conviction, the Commissioner may suspend, revoke, cancel,…

All fees collected under this chapter shall be paid by the Commissioner into the state treasury and set aside as a special fund to be used to meet the expenses of the vehicle identification number and salvage vehicle inspection programs.

As used in this chapter, unless the context requires a different meaning: "Behind-the-wheel instructor" means an individual who meets the requirements for licensure under § 46.2-1708 and is employed by a training provider who provides behind-the-wheel training involving the actua…

No driver training school shall be established or continue operation unless the school obtains from the Commissioner a license authorizing the school to operate within the Commonwealth. The application for such license shall identify all driver training school owners and separate…

The applicant shall file a surety bond in the amount of $100,000 for a Class A licensee and $5,000 for a Class B licensee. The bond shall be payable to the Commonwealth of Virginia and conditioned to protect the contractual rights of students. The bonding requirement for a Class …

No license shall be issued or renewed to any driver training school unless it has an established place of business in the Commonwealth that: 1. Satisfies all local zoning regulations; 2. Has office space in which the driver training school houses all records required to be mainta…

A. A driver training school shall maintain all student records, business records, and other records, as required by the Department, at its established place of business. The Commissioner may, on written request from a driver training school, permit records to be maintained at a l…

The Commissioner may require driver training schools to notify the Department, in a manner prescribed by the Commissioner, of a scheduled behind-the-wheel examination no less than 48 hours prior to administering such examination.

The Commissioner may require annual, periodic, or special reports from computer-based driver education providers in a manner and form approved by the Commissioner. The Commissioner may require a computer-based driver education provider to file with the Department a true copy of a…

Notwithstanding any other provision of law, the Commissioner shall have the authority to approve as a driver education course satisfying the requirements of § 46.2-334 any course that is offered by any driver training school licensed under the provisions of this chapter if he fin…

When conducting behind-the-wheel training or any other training in which a student of a driver training school is driving or operating a motor vehicle, the instructor conducting such training shall display, or cause to be displayed, the license authorizing him to act as a driving…

The Commissioner may promulgate regulations necessary to (i) enforce the provisions of this chapter, (ii) provide adequate training for students, (iii) protect student and public safety, and (iv) carry out the other provisions of this chapter. These regulations may include curric…

The Commissioner shall act on any application for a license under this chapter within 30 days after receipt by either granting or denying the application. The Commissioner shall deny an application when it does not satisfy the requirements of this chapter and any regulations prom…

A. Except as otherwise provided in this section, (i) no license issued under this chapter shall be suspended, revoked, or cancelled or renewal thereof denied; (ii) no limitation on operations shall be imposed pursuant to subsection F; and (iii) no monetary penalty shall be impose…

In addition to any other sanctions or remedies available to the Commissioner under this chapter, the Commissioner may assess a civil penalty not to exceed $1,000 for any violation of any provision of this chapter or any regulation promulgated thereunder. The penalty may be sued f…

A. It is unlawful for any person to engage in any of the following acts: 1. Practicing as a driver training school or as an instructor without holding a valid license as required by statute or regulation; 2. Making use of any designation provided by statute or regulation to denot…

A. For purposes of this section, "penalty" means any disciplinary action taken by the Department against an instructor or driver training school, including civil or monetary penalties and license suspensions, revocations, cancellations, or refusals to renew. B. The Department sha…