Title 46.2, Title 46.2. Motor Vehicles

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…

A. A Class A driver training school shall not provide entry-level driver training in the Commonwealth until it has (i) been licensed pursuant to this chapter and (ii) provided the Commissioner with its unique Training Provider Registry number issued by FMCSA pursuant to 49 C.F.R.…

A. A training provider shall: 1. Permit the Department and FMCSA to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the entry-level driver training program without prior notice; 2. Use vehicles that comply with all fe…

Each training provider shall retain, in addition to any other records that entity is required to retain by Virginia law or regulation, the following records: 1. Self-certifications by all accepted applicants for behind-the-wheel training attesting that they will comply with state…

Any government entity, including the military, any comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or any department, agency, or instrumental…

Whenever used in this chapter unless expressly stated otherwise: "Authorized insurer" means, in the case of an interstate motor carrier whose operations may or may not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a s…

This chapter shall not be construed to include: 1. Motor vehicles employed solely in transporting school children and teachers; 2. Taxicabs, or other motor vehicles performing bona fide taxicab service, having a seating capacity of not more than six passengers, excluding the driv…

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

The Department shall supervise, regulate and control all motor carriers, carriers by rail, TNC brokers, and brokers not exempted under this chapter doing business in the Commonwealth, and all matters relating to the performance of their public duties and their charges therefor as…

A. It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange by contract, agreement, or arrangement to transport passengers for compensation as a TNC broker, broker, motor carrier or excursion train operator without first obtaining a …

Each motor carrier shall be issued an identification marker, unless the operation is interstate in nature and the carrier has been issued a single state registration receipt by the Department or other qualified jurisdiction. The identification marker issued by the Department shal…

A. Applications for a license, permit, certificate, or identification marker or renewal of a license, permit, certificate, or identification marker under this chapter shall be made to the Department and contain such information and exhibits as the Department shall require. Such i…

A. The Department may act upon any application required under this chapter for a certificate of public convenience and necessity without a hearing, unless such application is protested by any aggrieved party, except that no protest shall be heard in such cases whereby the applica…

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

In determining whether a license or certificate required by this chapter shall be granted, the Department may, among other things, consider the applicant's experience, qualifications, character, fitness, financial responsibility, and compliance with the requirements of this chapt…

To enable the provision of service for which there is an immediate and urgent need to a point or between points in Virginia where certificated carriers are unable to perform the service, or within a territory having no certificated carrier, the Department may, in its discretion a…

A. No person shall advertise or permit to be advertised by any means a transportation service unless such person first obtains a license, permit, or certificate as provided in this chapter. Whenever any licensee, permittee, or certificate holder places an advertisement in any new…

A. No license or certificate shall be issued to any applicant that does not have an established place of business, owned or leased by the applicant, where a substantial portion of the activity of the motor carrier, TNC broker, or broker business will be routinely conducted and th…

A certificate authorizing the transportation of passengers as a motor carrier shall also be deemed to include authority to transport in the same vehicle with passengers the baggage of passengers.

Motor carriers transporting baggage or other property of passengers shall do so only when such articles are stowed in a manner to assure: 1. Unrestricted freedom of motion to the driver for proper operation of the vehicle. 2. Unobstructed passage to regular and emergency exits by…

Every motor carrier, TNC broker, broker, or excursion train operator who ceases operation or abandons his rights under a license, certificate, or permit issued shall notify the Department within 30 days of such cessation or abandonment.

If any motor carrier or broker, upon the final decision of an appeal from the action of the Department prescribing rates, charges, tariffs, or classification of traffic, confirming or modifying the action of the Department, fails to refund in the manner and within the time prescr…

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

Nothing in this chapter shall relieve any holder of a certificate, license, or permit issued 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.

All persons who fail, while using transportation services of a common carrier or restricted common carrier, to act in an orderly manner so as to permit the safe operation of a vehicle by the driver, or who fail to obey the directions of any such driver, operator, or other person …

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 …

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.

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 chapter requires, (ii) does not display an identification marker in such manner…