Title 46.2, Title 46.2. Motor Vehicles

Whenever practicable, at least 10 days prior to the time when any individual is to be discharged from any facility operated or licensed by the Department of Behavioral Health and Developmental Services, if the mental condition of the individual is, because of mental illness, inte…

A. The Commissioner may, after due hearing, after giving not less than five days' written notice by registered letter to the most recent address of the driver on file at the Department, suspend or revoke for not more than one year and not thereafter reissue during the period of s…

A. The notice of a hearing when mailed to any person, as provided in § 46.2-402 shall contain: 1. A specific statement of the alleged offense or offenses or other grounds for suspension or revocation of the license, including the date, time and place thereof when applicable; 2. T…

The hearing shall be in the county or city where the licensee resides or in the county or city in which the licensee works or, with the consent of the licensee, in any other county or city to which the county or city of his residence is contiguous. The hearing shall be before the…

A. In any such hearing all relevant and material evidence shall be received, except that: (i) the rules relating to privileged communications and privileged topics shall be observed; (ii) hearsay evidence shall be received only according to the rules of evidence prevailing in cou…

The Commissioner may appoint one or more persons to conduct the hearings provided for in this title. The hearing officers are hereby authorized to administer oaths, take acknowledgments and affidavits, take testimony and depositions, and perform other duties which are incidental …

Any decision or order of the Commissioner to be valid must be reduced to writing and contain the explicit findings of fact and conclusions of law upon which the decision or order of the Commissioner is based. Certified copies of the decision or order shall be delivered to any par…

On any reasonable ground appearing in the records of the Department, the Commissioner may, when he deems it necessary for the safety of the public on the highways in the Commonwealth and after notice as provided in § 46.2-403 and hearing as provided in §§ 46.2-404, 46.2-405, 46.2…

In any administrative hearing conducted by the Commissioner or his designee pursuant to this article, an abstract showing a conviction of the violation of any of the provisions of this title, submitted as provided by § 46.2-383 by the court in which the conviction was had, shall …

Any person aggrieved by an order or act of the Commissioner requiring suspension or revocation of a license or registration under the provisions of this chapter is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.)…

A. Notwithstanding the provisions of § 46.2-410, when the Commissioner orders a revocation or suspension of a person's driver's license under the provisions of this chapter, the person so aggrieved may, in cases of manifest injustice, within 60 days of receipt of notice of the su…

Notwithstanding any other provision of this chapter, the Commissioner shall not administratively revoke or suspend the driver's license of any person on the basis of receiving a record of such person's conviction for any offense under the laws of another jurisdiction that would o…

A. The Commissioner may refuse, after a hearing if demanded, to issue to any person whose license has been suspended or revoked any new or renewal license, or to register any motor vehicle in the name of the person, whenever he deems or in case of a hearing finds it necessary for…

A. Before restoring a driver's license to any person (i) whose license to drive a motor vehicle has been suspended or revoked as a result of a conviction for driving while intoxicated in violation of § 18.2-266, or of any substantially similar valid local ordinance or law of anot…

Every suspension or revocation shall remain in effect and the Commissioner shall not issue any new or renewal license or register in his name any motor vehicle, until permitted under the provisions of this chapter. When three years shall have elapsed from the date of the terminat…

Reversal on appeal of any conviction because of which conviction any license or registration has been suspended or revoked pursuant to the provisions of this chapter shall entitle the holder to the restoration of his license or registration forthwith without proof of financial re…

Wherever it is provided in this title that the driver's license, registration cards, or license plates of any person be suspended or revoked for a period of time on conviction of certain offenses, or after a hearing before the Commissioner as provided by law, the period shall be …

When any person is found guilty of a violation of any traffic regulation by a United States magistrate or a judge of a district court of the United States, which violation occurred on a federal reservation, and, for which, if the violation had occurred on the highways in the Comm…

A. Whenever it is provided in this title that a driver's license may or shall be suspended or revoked either by the Commissioner or by a court, notice of the suspension or revocation or any certified copy of the decision or order of the Commissioner may be sent by the Department …

A. Upon the application of any judgment creditor, the Commissioner shall suspend the driver's license and all of the registration certificates and license plates of any person who has failed for 30 days to satisfy any judgment (i) in an amount and on a cause of action as hereinaf…

The Commissioner shall take action as required in § 46.2-417 on receiving proper evidence that the person has failed for a period of thirty days to satisfy any judgment, in amount and on a cause of action as stated in §§ 46.2-364 and 46.2-417, rendered by a court of competent jur…

A. For all policies effective on or after January 1, 2022, but prior to January 1, 2025, every judgment for damages in any motor vehicle accident referred to in this chapter shall, for the purpose of this chapter, be satisfied: 1. When paid in full or when $30,000 has been credit…

A judgment debtor, on five days' notice to the judgment creditor, may apply to the court in which the judgment was obtained for the privilege of paying it in installments. The court, without prejudice to other legal remedies which the judgment creditor may have, may so order, fix…

The Commissioner shall not suspend a license or registration of a motor vehicle and shall restore any license or registration suspended following nonpayment of a judgment, if the judgment debtor obtains an order from the court in which the judgment was rendered permitting payment…

If the judgment debtor fails to pay any installment as permitted by the order of the court, then on notice of default, the Commissioner shall forthwith suspend the driver's license, registration cards, and license plates of the judgment debtor until the judgment is satisfied as p…

If the judgment creditor consents in writing, in whatever form the Commissioner prescribes, that the judgment debtor be allowed a driver's license and motor vehicle registration, the Commissioner may allow the same, notwithstanding default in the payment of the judgment or any in…

On receipt of the certificate of insurance, the insurance carrier or surety company named in the certificate of insurance shall determine whether the policy or bond was applicable to liability, if any, as to the named insured. Thereupon and not later than thirty days following re…

In case a driver or owner has no driver's license issued by the Department or no motor vehicle registered in his name in the Commonwealth, he shall not be allowed a driver's license or motor vehicle registration until he has complied with this chapter to the same extent as would …

Cash or securities furnished in compliance with the requirements of this chapter shall be placed by the Commissioner in the custody of the State Treasurer and shall be applicable only to the payment of any judgment against the depositor for damages arising out of the accident in …

The suspension required by the provisions of § 46.2-417 shall continue except as otherwise provided by §§ 46.2-421 and 46.2-423 until the person satisfies the judgment or judgments as prescribed in § 46.2-419 and gives proof of his financial responsibility in the future. However,…

The Commonwealth shall be responsible for the safekeeping of all bonds, cash, and securities deposited with the State Treasurer under the provisions of this chapter, and if the deposit or any part of the deposit is lost, destroyed, or misappropriated the Commonwealth shall make g…

Bonds, cash, or securities deposited with the State Treasurer pursuant to this chapter shall only be released by the State Treasurer upon consent of the Commissioner given in conformity with this chapter.

Whenever by the laws of the Commonwealth the Commissioner may suspend or revoke: (i) the license of a resident driver, or (ii) the registration cards and license plates of a resident owner, he may: 1. Suspend or revoke the privilege of operating a motor vehicle in the Commonwealt…

Every provision of this chapter applies to any person who is not a resident of the Commonwealth under the same circumstances as it would apply to a resident. No nonresident may drive any motor vehicle in the Commonwealth and no motor vehicle owned by him may be driven in the Comm…

The failure of a nonresident to report an accident as required in this title shall constitute sufficient ground for suspension or revocation of his privileges of driving a motor vehicle in the Commonwealth and of driving within the Commonwealth of any motor vehicle owned by him.

On conviction of a nonresident or in case any unsatisfied judgment results in suspension of a nonresident's driving privileges in the Commonwealth and the prohibition of driving within the Commonwealth of any motor vehicle, or on suspension of a nonresident's driving privileges i…

The Commissioner shall suspend or revoke the license and registration certificate and plates of any resident of the Commonwealth upon receiving notice of his conviction, in a court of competent jurisdiction of the Commonwealth, any other state of the United States, the United Sta…

Proof of financial responsibility in the amounts required by this chapter shall be furnished for each motor vehicle registered by the person required to furnish such proof.

Proof of financial responsibility when required under this chapter may be given by proof that: 1. A policy or policies of motor vehicle liability insurance have been obtained and are in full force; 2. A bond has been duly executed; 3. A deposit has been made of money or securitie…

When the Commissioner finds that any person required to give proof of financial responsibility under this title is or later becomes a driver, however designated, or a member of the immediate family or household, in the employ or home of an owner of a motor vehicle, the Commission…

If the owner of a motor vehicle is one whose vehicles are operated under a permit or a certificate of convenience and necessity issued by the State Corporation Commission or the Department, proof by the owner on behalf of another as provided by this chapter may be made if there i…

Proof of financial responsibility in the future shall be made by filing with the Commissioner the written certificate of any insurance carrier authorized to do business in the Commonwealth, certifying that there is in effect a motor vehicle liability policy for the benefit of the…

A nonresident owner of a vehicle not registered in Virginia may give proof of financial responsibility by filing with the Commissioner a written certificate or certificates of an insurance carrier not authorized to transact business in the Commonwealth but authorized to transact …

Notwithstanding the requirement of §§ 46.2-439 and 46.2-440, a nonresident required to file proof of financial responsibility in the future under this chapter may give proof of financial responsibility in the future by filing with the Commissioner the written certificate of an in…

If any insurance carrier not authorized to do business in the Commonwealth which is qualified to furnish proof of financial responsibility defaults in any of its undertakings or agreements, the Commissioner shall not thereafter accept any certificate of that carrier so long as th…

This chapter does not apply to: 1. Policies of automobile insurance against liability which may now or hereafter be required by any other law of the Commonwealth and such policies if endorsed to the requirements of this chapter shall be accepted as proof of financial responsibili…