Robert L SB1217 Selected Acts 2015

User Manual: SB1217

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Selected Acts of the 2015
Virginia General Assembly
Compiled by
The Virginia Department of State Police
This volume of Selected Acts contains legislation passed by the 2015 Session of the Virginia General Assembly that is
relevant to criminal law and highway safety. Additional copies of this reference guide may be found at the Virginia State
Police website at: http://www.vsp.state.va.us/FormsPublications.shtm.
EXPLANATIONS WHICH MAY BE HELPFUL IN STUDYING THESE ACTS:
1. Italicized words indicate new language.
2. Lined through words indicate language that has been removed.
3. The table of contents is divided into four categories: Traffic, Criminal, Firearms and Miscellaneous. The bills
in those categories are presented in either full text or summary form. Summarized bills are less relevant, yet
still important legislation, and are found at the back of each section. Although summarized bills are not
discussed in the recorded Selected Acts presentation, they should be reviewed.
4. Emergency Acts - are Acts with an emergency clause and were effective the moment they were signed by the
Governor. Generally, the emergency clause appears as the last sentence of the Act.
5. Effective date - All Acts, other than those containing an emergency clause or those specifying a delayed
effective date, become law on July 1, 2015. Note that different portions of a bill may carry different effective
dates.
6. A brief overview outlining changes, provided by the Division of Legislative Services, appears at the beginning
of each full text bill. This overview is only a brief synopsis of the bill. Before taking any enforcement action,
carefully read the entire bill. Also, note that the Table of Contents contains a bill description which is not
necessarily the same as the short title of the bill.
7. Questions regarding Selected Acts may be directed to the Office of Legal Affairs at (804) 674-6722.
8. Additional information on legislation may be found at: http://virginiageneralassembly.gov/and the Virginia
State Police website at www.vsp.state.va.us.
i
TABLE OF CONTENTS
TRAFFIC FULL TEXT
CODE
SECTION
BILL
DESCRIPTION
PAGE
§ 46.2-816.
HB1342
and
SB1220
Following too closely.
1
§ 46.2-1025.
HB1344
Flashing lights on motor vehicles; "move over" law.
2
§ 33.2-500.
HB2235
HOT lanes; law-enforcement vehicles.
4
§ 46.2-1049.
HB1551
and
SB702
Antique vehicle exhaust systems.
5
§ 46.2-203.2.
HB1392
Department of Motor Vehicles; emergency contact program.
6
§ 46.2-1110.
SB956
Overheight vehicles on the Hampton Roads Bridge Tunnel.
7
§ 46.2-838.
HB1379
Overtaking stationary mail vehicles; reduce speed.
9
§ 46.2-838.
HB1649
Passing stationary refuse collection vehicles.
10
§ 46.2-1012.
HB1700
Motorcycles and autocycles; relating to brake lights
11
§ 46.2-118.
SB793
Towing vehicles with occupants.
12
§ 46.2-909.
SB836
Riding on motorcycles.
14
§§ 46.2-324.1,
46.2-341.4, 46.2-
341.7, 46.2-341.8,
46.2-341.9, 46.2-
341.10, 46.2-
341.12,
46.2-341.14, 46.2-
341.14:1, 46.2-
341.15, 46.2-
341.16, 46.2-
341.18:3, 46.2-
341.20, 46.2-
341.20:4,
46.2-348, 46.2-
2011.29, 46.2-
2139, 46.2-2900,
46.2-2906, 46.2-
2907, and 52-8.4
and adding 46.2-
649.3 and 46.2-
649.4.
HB2038
Commercial motor carriers. 15
§ 46.2-625 and
adding 46.2-
602.4..
SB1003
Titling and registration requirements; off-
road motorcycles
converted to on-road use; penalty. 39
§ 46.2-1028.1.
HB2289
Auxiliary lights on public utility vehicles.
41
§ 46.2-804.
SB781
Passing with a double yellow line.
42
ii
TRAFFIC SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§§ 46.2-694, 46.2-
711, 46.2-749.5,
46.2-753, 46.2-
755, 46.2-1400,
46.2-2000, 46.2-
2001.3, 46.2-
2011.5, 46.2-
2011.6, 46.2-
2011.20,
46.2-2011.22,
46.2-2011.24,
46.2-2011.29, and
46.2-2051.
and
HB1662
Transportation network companies.
44
Uncodified Act
and
Hauling motor fuels; times of emergency.
44
§ 46.2-1148.1.
and
Overweight permits; forest products.
44
§ 46.2-1177.
and
Motor vehicle emissions inspection program; autocycles.
44
§ 15.2-1610.
Sheriff's office; motor vehicle markings.
44
§ 46.2-345.
Special identification cards.
44
§ 46.2-380.
Accident reports maintained by DMV.
44
§ 15.2-968.01.
Parking in residential areas; public right-of-way.
44
§ 46.2-1028.1.
Vehicle illuminated identification systems.
45
§ 46.2-873.
and
Speed limits in school zones.
45
§§ 18.2-271.1 and
46.2-391.01.
DUI; persons convicted under laws of other states or federal law;
restricted license; ignition interlock.
45
iii
CRIMINAL FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-250.1.
and
Possession or distribution of marijuana for medical purposes;
epilepsy.
46
§ 19.2-70.3.
Warrant requirement for certain telecommunications records;
prohibition on collection by law enforcement.
48
§ 18.2-57.
Assault and battery against certain persons.
51
§ 58.1-1017.1 and
adding 58.1-
1017.3.
and
Cigarettes; possession with intent to distribute contraband;
fraudulent purchase; penalties.
53
§§ 54.1-3450 and
54.1-3452.
Scheduling of certain controlled substances.
55
§ 18.2-50.3.
Enticing persons to dwelling house to commit certain crimes;
penalty.
64
§ 18.2-355.
Pandering; minors; penalty.
65
§ 8.01-40.3.
Dissemination, etc., of criminal history record information; civil
action.
66
§ 8.01-40.3.
Dissemination, etc., of criminal history record; civil action.
67
§ 18.2-251.03.
and
Safe reporting of overdoses.
68
§ 19.2-249.2.
Creation of unlawful images; venue.
70
§§ 18.2-374.1:1
and 18.2-381.
Child pornography; obscenity; penalties.
71
§ 19.2-386.23.
Drugs forfeited to law enforcement; research and training.
73
§ 19.2-53.
Search warrants; computers, networks, and other electronic devices.
75
§ 19.2-10.2.
and
Administrative subpoenas; electronic communication services
nondisclosure of subpoena.
76
§ 18.2-359.
Indecent liberties; venue.
78
§§ 19.2-244 and
19.2-247.
and
Venue in criminal cases.
79
§ 19.2-70.3.
Real-time location data; search warrant.
80
§ 18.2-370.5.
Sex offenses prohibiting entry onto school or other property;
hearing.
83
§§ 9.1-902, 17.1-
805, 18.2-46.1,
18.2-356, 18.2-
357, 18.2-513,
19.2-215.1, and
19.2-386.35 and
adding 18.2-357.1.
and
SB1188
Commercial sex trafficking; penalties.
84
§ 23-234.
Campus police departments; sexual assault reporting.
92
§§ 8.01-225 and
54.1-3408.
HB1833
and
Naloxone; administration in cases of opiate overdose.
94
§ 54.1-3446.
and
Schedule I drugs.
103
§ 19.2-386.2.
Seizure of property; inventory required.
114
iv
CRIMINAL SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§§ 4.1-100 and
4.1-103.
and
Alcoholic beverage control; powdered or crystalline alcohol;
penalty.
115
§ 9.1-907.
and
Sex Offender and Crimes Against Minors Registry; registration
verification.
115
§§ 3.2-801, 54.1-
3401, and adding
in Title 3.2 a
chapter numbered
41.1, consisting of
sections
numbered 3.2-
4112 through 3.2-
4120.
and
SB955
Industrial hemp production and manufacturing.
115
§ 19.2-310.2.
DNA data bank; State Police to verify receipt of samples from
persons on the Sex Offender and Crimes Against Minors Registry.
115
§§ 19.2-310.2 and
19.2-310.7.
and
DNA analysis upon conviction of certain misdemeanors.
115
§ 19.2-389.
Department of Juvenile Justice; access to criminal history record
information.
115
§ 19.2-53.1.
Taking blood samples pursuant to search warrant; qualified
immunity.
116
§ 9.1-918.
and
Supplement to the Sex Offender and Crimes Against Minors
Registry (Robby's Rule).
116
§§ 37.2-910, 37.2-
911, 37.2-913, and
37.2-914.
Sexually violent predators; notice of hearings; conditional release
plan.
116
§ 19.2-69.
Right to privacy in electronic communications; confidential
relationship; civil action.
116
§§ 58.1-1000 and
58.1-1007 and
adding 3.2-
4206.01.
and
SB1232
Administration and enforcement of cigarette laws.
116
§ 18.2-371.2 and
adding sections
numbered 59.1-
293.10 and 59.1-
293.11.
and
SB1325
Purchase, etc., of tobacco products by minors; liquid nicotine
packaging; penalty.
116
adding sections
numbered
23-9.2:15, 23-
9.2:16, and 23-
9.2:17.
and
HB1930
Institutions of higher education; reporting acts of sexual violence.
116
v
FIREARMS FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-308.1.
Firearms, other weapons on school property.
118
§ 18.2-308.2.
Possession, etc., of firearms, etc., by convicted felons; restoration of
rights.
120
FIREARMS SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-308.2.
Firearms; restoration of rights; venue.
122
§§ 15.2-1721, 30-
34.2:2, and 52-
11.5.
Unclaimed firearms; donation to Department of Forensic Science.
122
§ 18.2-308.2:2.
Transfer, etc., of firearms from licensed dealer; criminal history
record information.
122
vi
MISCELLANEOUS – FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 40.1-51.1.
Workplace safety; employer reporting requirements.
123
§ 54.1-2523.
Prescription Monitoring Program; subpoenas.
124
§§ 19.2-389, 37.2-
819, and 64.2-
2014.
Law-enforcement access to involuntary admission and incapacity
information.
126
§§ 37.2-808 and
37.2-1104.
Temporary detention for testing, observation, and treatment of
person who is the subject of an emergency custody order.
133
vii
MISCELLANEOUS – SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
Uncodified Act
and
Designating the Trooper Jacqueline Vernon Memorial Bridge.
137
Uncodified Act
and
Designating the Trooper Andrew Fox Memorial Bridge.
137
Uncodified Act
Designating the Trooper Donald E. Lovelace Memorial Bridge.
137
Uncodified Act
Designating the Trooper Garland Matthew Miller Memorial Bridge.
137
§§ 46.2-1600,
46.2-1601, 46.2-
1602, 46.2-
1603.2, 46.2-
1605, 46.2-1608,
and 46.2-1608.2.
and
SB1259
Salvage and rebuilt vehicles; penalty.
137
§ 32.1-282.1.
Per diem medicolegal death investigators.
137
§§ 10.1-115
through 10.1-119.
and
Conservation officers; Breaks Interstate Park.
137
§ 29.1-109.
Reciprocal law-enforcement agreements.
137
§ 62.1-132.12.
and
Virginia Port Authority police powers.
137
§§ 19.2-12, 19.2-
56, 19.2-187, and
19.2-187.01.
and
United States Postal Service; inspectors.
137
§ 53.1-133.02.
Notice required upon transfer of prisoner.
137
§ 32.1-370.
and
Right to breastfeed in public places.
138
§ 2.2-3705.5.
Local and regional adult fatality review teams; penalty.
138
§ 54.1-2523.
Prescription Monitoring Program; disclosure of information.
138
§§ 16.1-340.1:1
and 37.2-809.1.
and
Temporary detention order; custody.
138
§§ 2.2-3701 and
2.2-3707.
Virginia Freedom of Information Act (FOIA); exception to open
meeting requirements.
138
§ 2.2-3711.
Virginia Freedom of Information Act (FOIA); open meeting
exemptions; discussions relating to cybersecurity.
138
§ 2.2-3705.2.
Virginia Freedom of Information Act; record exemption for public
safety; cybersecurity.
138
§§ 2.2-3701 and
9.1-101.
and
Private police departments.
139
§§ 9.1-139 and
9.1-144.
Private investigators; personal protection specialist; independent
contractors.
139
§§ 9.1-102, 44-
146.18 and adding
15.2-1718.2.
and
Missing persons; search and rescue.
139
§ 46.2-1601.1.
and
Display of salvage license numbers.
139
§ 2.2-603.
IT responsibility of agency directors.
139
viii
MISCELLANEOUS – SUMMARY ONLY cont’d
CODE
SECTION
DESCRIPTION
PAGE
§ 8.01-225.
Civil immunity for rendering emergency care; forcible entry of
motor vehicle to remove a minor.
139
§ 2.2-1150.2.
Department of General Services; state-owned communication
towers; charges for use.
139
§ 32.1-111.5.
Emergency medical services personnel; background checks; process.
140
§ 9.1-102 is
amended by
sections numbered
9.1-116.2 and
9.1-116.3
and
SB1094
Sexual and domestic violence; establishment of committees.
140
§ 8.01-225.3.
Immunity for volunteer first responders en route to an emergency.
140
§ 19.2-392.2.
Expungement of police and court records; hearing.
140
§ 30-34.2:1.
and
Capitol Police; security for Governor-elect, Lieutenant Governor-
elect, Attorney General-elect, and members of the Court of Appeals.
140
§ 46.2-105.1.
Unlawful provision of driver's license examination answers.
140
§ 46.2-383.
Juvenile records; Department of Motor Vehicles.
140
§§ 51.1-142.2 and
51.1-142.3.
and
Virginia Retirement System; purchase of service credit for prior
service.
140
§ 19.2-190.1.
Preliminary hearing; certification of ancillary misdemeanor offenses.
141
§ 2.2-3103.
Prohibited conduct by state and local government officers and
employees; retaliation.
141
§ 40.1-28.7:5.
Employers; disclosure of social media account information.
141
§ 19.2-271.
Testimony of certain judicial personnel.
141
§§ 9.1-400, 9.1-
401, 9.1-402
through 9.1-405,
and 9.1-407 and
adding, 9.1-400.1
and Article 3.1 of
Chapter 1 of Title
51.1 a section
numbered 51.1-
124.37.
Line of Duty Act.
141
§§ 32.1-309.1 and
32.1-309.2.
Disposition of dead bodies.
141
§ 2.2-4350.1.
Prohibition on payments without an appropriation; prohibition on
IOUs.
141
ix
MISCELLANEOUS – SUMMARY ONLY cont’d
CODE
SECTION
DESCRIPTION
PAGE
§§ 15.2-2292,
19.2-389, 19.2-
392.02, 63.2-100,
63.2-1702, 63.2-
1704, 63.2-1720
through
63.2-1723, 63.2-
1725, and 63.2-
1727 and adding
sections numbered
63.2-1701.1, 63.2-
1704.1,
63.2-1720.1, and
63.2-1721.1.
Family day homes and child day centers; licensure; background
checks; reporting; notice.
141
§§ 2.2-2012, 2.2-
4301, 2.2-4302.2,
2.2-4303, 2.2-
4304, 2.2-4343,
23-38.110, and
33.2-283 and
adding sections
numbered 2.2-
4303.1 and 2.2-
4303.2.
and
SB1371
Virginia Public Procurement Act (VPPA); methods of procurement;
job order contracting and cooperative procurement.
142
§§ 2.2-115, 2.2-
206.2, 2.2-419,
2.2-420, 2.2-424,
2.2-426, 2.2-430,
2.2-431, 2.2-3101,
2.2-3103.1, 2.2-
3104, 2.2-
3104.01, 2.2-
3106, 2.2-3114
through 2.2-3118,
2.2-3121, 2.2-
3124, 30-101,
30-103.1, 30-110,
30-111, 30-124,
30-126, 30-355,
30-356, and 30-
357 and adding
2.2-3103.2 and
30-356.1.
and
SB1424
State and Local Government Conflict of Interests Act, General
Assembly Conflicts of Interests Act, and Virginia Conflict of Interest
and Ethics Advisory Council; certain gifts prohibited; approvals
required for certain travel.
142
§ 19.2-60.1.
and
Use of unmanned aircraft systems by public bodies; search warrant
required.
143
§§ 9.1-150.2,
15.2-1748, and
19.2-13.
and
Special conservators of the peace; training, orders of appointment,
registration, etc.
143
1
TRAFFIC FULL TEXT
CHAPTER 188
An Act to amend and reenact § 46.2-816 of the Code of Virginia, relating to drivers following too closely.
[H 1342]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-816 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is
reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the
highway at the time.
Following too closely. Includes non-motor vehicles (bicycles, electric assistive mobility devices, electric power-
assisted bicycles, and mopeds) among vehicles that the driver of any motor vehicle shall not follow more closely
than is reasonable. This bill is identical to SB 1220.
2
CHAPTER 41
An Act to amend and reenact § 46.2-1025 of the Code of Virginia, relating to vehicles equipped with flashing amber,
purple, or green warning lights. [H 1344]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1025 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1025. Flashing amber, purple, or green warning lights.
A. The following vehicles may be equipped with flashing, blinking, or alternating amber warning lights of types
approved by the Superintendent:
1. Vehicles used for the principal purpose of towing or servicing disabled vehicles;
2. Vehicles used in constructing, maintaining, and repairing highways or utilities on or along public highways, or in
assisting with the management of roadside and traffic incidents, or performing traffic management services along
public highways;
3. Vehicles used for the principal purpose of removing hazardous or polluting substances from state waters and
drainage areas on or along public highways, or state vehicles used to perform other state-required environmental
activities, provided that the amber lights are not lit while the vehicle is in motion;
4. Vehicles used for servicing automatic teller machines, provided the amber lights are not lit while the vehicle is in
motion;
5. Vehicles used in refuse collection, provided the amber lights are lit only when the vehicles are engaged in refuse
collection operations;
6. Vehicles used by individuals for emergency snow-removal purposes;
7. Hi-rail vehicles, provided the amber lights are lit only when the vehicles are operated on railroad rails;
8. Fire apparatus, ambulances, and rescue and life-saving vehicles, provided the amber lights are used in addition to
lights permitted under § 46.2-1023 and are so mounted or installed as to be visible from behind the vehicle;
9. Vehicles owned and used by businesses providing security services, provided the amber lights are not lit while the
vehicle is being operated on a public highway;
10. Vehicles used to collect and deliver the United States mail, provided the amber lights are lit only when the
vehicle is actually engaged in such collection or delivery;
11. Vehicles used to transport petroleum or propane products, provided the amber light is mounted on the rear of the
vehicle and is lit when parked while making a delivery of petroleum or propane products, or when the vehicle's
Flashing lights on motor vehicles; "move over" law. Allows vehicles that assist with the management of
roadside and traffic incidents or that perform traffic management services along public highways to be equipped
with flashing, blinking, or alternating amber warning lights. Virginia's "move over" law applies to such vehicles.
A violation of this provision is punishable as a traffic infraction.
3
back-up lights are lit and its device producing an audible signal when the vehicle is operated in reverse gear, as
provided for in § 46.2-1175.1, is in operation;
12. Vehicles used by law-enforcement agency personnel in the enforcement of laws governing motor vehicle
parking;
13. Government-owned law-enforcement vehicles, provided the lights are used for the purpose of giving directional
warning to vehicular traffic to move one direction or another and are not lit while the vehicle is in motion;
14. Chase vehicles when used to unload a hot air balloon or used to load a hot air balloon after landing, provided the
amber lights are not lit while the vehicle is in motion;
15. Vehicles used for farm, agricultural, or horticultural purposes, or any farm tractor;
16. Vehicles owned and used by construction companies operating under Virginia contractors licenses;
17. Vehicles used to lead or provide escorts for bicycle races authorized by the Department of Transportation or the
locality in which the race is being conducted;
18. Vehicles used by radio or television stations for remote broadcasts, provided that the amber lights are not lit
while the vehicle is in motion;
19. Vehicles used by municipal safety officers in the performance of their official duties. For the purpose of this
subdivision, "municipal safety officers" means municipal employees responsible for managing municipal safety
programs and ensuring municipal compliance with safety and environmental regulatory mandates;
20. Vehicles used as pace cars, security vehicles, or fire-fighting firefighting vehicles by any speedway or motor
vehicle race track, provided that the amber lights are not lit while the vehicle is being operated on a public highway;
21. Vehicles used in patrol work by members of neighborhood watch groups approved by the chief law-enforcement
officer of the locality in their assigned neighborhood watch program area, provided that the vehicles are clearly
identified as neighborhood watch vehicles, and the amber lights are not lit while the vehicle is in motion; and
22. Vehicles that are not tow trucks as defined in § 46.2-100, but are owned or controlled by a towing and recovery
business, provided that the amber lights are lit only when the vehicle is being used at a towing and recovery site.
B. Except as otherwise provided in this section, such amber lights shall be lit only when performing the functions
which qualify them to be equipped with such lights.
C. Vehicles used to lead or provide escorts for funeral processions may use either amber warning lights or purple
warning lights, but amber warning lights and purple warning lights shall not simultaneously be used on the same
vehicle. The Superintendent of State Police shall develop standards and specifications for purple lights authorized in
this subsection.
D. Vehicles used by police, fire-fighting firefighting, or rescue personnel as command centers at the scene of
incidents may be equipped with and use green warning lights of a type approved by the Superintendent. Such lights
shall not be activated while the vehicle is operating upon the highway.
4
CHAPTER 73
An Act to amend and reenact § 33.2-500 of the Code of Virginia, relating to use of HOT lanes by law-enforcement
vehicles. [H 2235]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 33.2-500 of the Code of Virginia is amended and reenacted as follows:
§ 33.2-500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"High-occupancy requirement" means the number of persons required to be traveling in a vehicle for the vehicle to
use HOT lanes without the payment of a toll. Emergency vehicles, law-enforcement vehicles using being used in
HOT lanes in the performance of their law-enforcement duties, which shall not include the use of such vehicles for
commuting to and from the workplace or for any purpose other than responding to an emergency incident,
patrolling HOT lanes pursuant to an agreement by a state agency with the HOT lanes operator, or the time-sensitive
investigation, active surveillance, or actual pursuit of persons known or suspected to be engaged in or with
knowledge of criminal activity, and mass transit vehicles and commuter buses shall meet the high-occupancy
requirement for HOT lanes, regardless of the number of occupants in the vehicle.
"High-occupancy toll lanes" or "HOT lanes" means a portion of a highway containing one or more travel lanes
separated from other lanes that has an electronic toll collection system, provides for free passage by vehicles that
meet the high-occupancy requirement, and contains a photo-enforcement system for use in such electronic toll
collection. HOT lanes shall not be a "toll facility" or "HOV lanes" for the purposes of any other provision of law or
regulation.
"High-occupancy vehicle lanes" or "HOV lanes" means a portion of a highway containing one or more travel lanes
for the travel of high-occupancy vehicles or buses as designated pursuant to § 33.2-320.
"HOT lanes operator" means the operator of the facility containing HOT lanes, which may include the Department
of Transportation or some other entity.
"Mass transit vehicles" and "commuter buses" means vehicles providing a scheduled transportation service to the
general public. Such vehicles shall comprise nonprofit, publicly or privately owned or operated transportation
services, programs, or systems that may be funded pursuant to § 58.1-638.
"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the
equivalent agency in another state. "Owner" does not mean a vehicle rental or vehicle leasing company.
"Photo-enforcement system" means a sensor installed in conjunction with a toll collection device to detect the
presence of a vehicle that automatically produces one or more photographs, one or more microphotographs, a
videotape, or other recorded images of each vehicle's license plate at the time it is detected by the toll collection
device.
"Unauthorized vehicle" means a motor vehicle that is restricted from use of the HOT lanes pursuant to subdivision
4a of § 33.2-503.
HOT lanes; law-enforcement vehicles. Clarifies the circumstances under which law-enforcement vehicles may
use HOT lanes without paying a toll.
5
CHAPTER 165
An Act to amend and reenact § 46.2-1049 of the Code of Virginia, relating to antique vehicle exhaust systems; noise.
[H 1551]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1049 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1049. Exhaust system in good working order.
No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a
highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent
excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a
type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as
standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it
permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private
passenger motor vehicles or trucks of standard make.
The term "exhaust system," as used in this section, means all the parts of a vehicle through which the exhaust passes
after leaving the engine block, including mufflers and other sound dissipative devices.
Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle
equipped with chambered pipes shall be deemed in violation of this section.
The provisions of this section shall not apply to (i) any antique motor vehicle manufactured prior to 1950, provided
the engine is comparable to that designed as standard factory equipment for use on that particular vehicle, and the
exhaust system is in good working order, or (ii) converted electric vehicles.
Antique vehicle exhaust systems. Exempts an antique motor vehicle manufactured prior to 1950, provided that
the engine is comparable to that designed as standard factory equipment for that particular vehicle and that the
exhaust system in good working order, from the requirement that motor vehicle exhaust systems "prevent
excessive or unusual noise." This bill is identical to SB 702.
6
CHAPTER 162
An Act to amend the Code of Virginia by adding a section numbered 46.2-203.2, relating to the Department of
Motor Vehicles; emergency contact program. [H 1392]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-203.2 as follows:
§ 46.2-203.2. Emergency contact information program.
A. As used in this section, "emergency contact" means a person 18 years of age or older whom the customer may
designate to be contacted by a law-enforcement officer in an emergency situation.
B. The Department may establish an emergency contact information program to assist law-enforcement personnel in
emergency situations. To establish such a program, a person who currently holds a learner's permit, temporary
driver's license, driver's license, commercial driver's license, or special identification card issued by the Department
or completes an application for the same may voluntarily submit emergency contact information for inclusion in his
customer record with the Department. Such emergency contact information may include the name, relationship to
the customer, address, and telephone number for an individual the customer designates as a contact in the event of
an emergency situation.
C. Any person voluntarily submitting emergency contact information to the Department for inclusion in the
applicant's customer record is responsible for maintaining current emergency contact information with the
Department. Each applicant submitting emergency contact information to the Department shall certify in his
application that he has notified the person he has designated as an emergency contact that such information will be
supplied to the Department. The Department shall provide a method by which applicants submitting emergency
contact information to the Department may submit such information electronically pursuant to § 46.2-216.1.
Customers may add, modify, or delete information at any time. Such modifications or deletions will overwrite all
previously provided information.
D. In the event of an emergency situation, the Department shall make emergency contact information in customer
records electronically available to a law-enforcement officer who in the exercise of his official duties requires
assistance in reaching a customer's emergency contact. Emergency contact information provided to the Department
by the customer shall only be disclosed as permitted in this section and shall not be considered a public record
subject to disclosure under the Freedom of Information Act and shall not be subject to disclosure by court order or
other means of discovery.
E. In the absence of gross negligence or willful misconduct, the Department, its employees, and law-enforcement
officers shall be immune from any civil or criminal liability in connection with the maintenance and use of
emergency contact information voluntarily provided by customers for use in an emergency situation.
2. That the provisions of this act shall become effective on January 1, 2016.
Department of Motor Vehicles; emergency contact program. Provides that DMV may establish an
emergency contact program to allow customers to give DMV the name of an emergency contact person and
related emergency contact information, which the customer may update or delete electronically at any time, to be
kept in the customer's DMV record and made available to law-enforcement officers in emergency situations. The
bill has a delayed effective date of January 1, 2016.
7
CHAPTER 181
An Act to amend and reenact § 46.2-1110 of the Code of Virginia, relating to penalties for overheight vehicles.
[S 956]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1110 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty.
No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches.
Nothing contained in this section shall require either the public authorities or railroad companies to provide vertical
clearances of overhead bridges or structures in excess of 12 feet, six inches, or to make any changes in the vertical
clearances of existing overhead bridges or structures crossing highways. The driver or owner of vehicles on
highways shall be held financially responsible for any damage to overhead bridges or structures that results from
collisions therewith.
The driver or owner of any vehicle colliding with an overhead bridge or structure shall immediately notify, either in
person or by telephone, a law-enforcement officer or the public authority or railroad company, owning or
maintaining such overhead bridge or structure of the fact of such collision, and his name, address, driver's license
number, and the registration number of his vehicle. Failure to give such notice immediately, either in person or by
telephone, shall constitute a Class 1 misdemeanor.
On any highway maintained by the Virginia Department of Transportation over which there is a bridge or structure
having a vertical clearance of less than 14 feet, the Commissioner of Highways shall have at least two signs erected
setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge
or structure.
On any highway maintained by a county, city, or town over which a bridge or structure has a vertical clearance of
less than 14 feet, the local governing body shall have at least two signs erected setting forth the height of the bridge
or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.
The Virginia Department of Transportation may install and use overheight vehicle optical detection systems to
identify vehicles that exceed the overhead clearance of the westbound tunnel of the Hampton Roads Bridge Tunnel
on Interstate Route 64. When the optical system sensor located closest to the westbound tunnel entrance is used in
identifying such vehicles, the system shall be installed at the specified height as determined by measurement
standards that have been certified by the Commissioner of the Virginia Department of Agriculture and Consumer
Services, and are traceable to national standards of measurement. Such identification by such system shall, for all
purposes of law, be equivalent to having measured the height of the vehicle with a tape measure or other measuring
device. When an employee of the Department of Transportation or the Department of State Police identifies a
vehicle whose height exceeds 13 feet, six inches and whose driver is driving or attempting to drive through the
westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate 64, the driver of such vehicle may elect to wait
until the end of peak traffic periods, as determined by the Department of Transportation, so that the Department of
Transportation or Department of State Police may safely stop traffic and allow such vehicle to proceed in the
opposite direction. If the driver does not elect to wait, he shall be subject to the penalties under this section.
Overheight vehicles on the Hampton Roads Bridge Tunnel. Exempts from penalties applicable to overheight
vehicles the driver of any vehicle exceeding the prescribed maximum height who is attempting to drive through
the westbound tunnel of the Hampton Roads Bridge Tunnel and who elects to wait until the end of peak traffic
periods so that the Department of Transportation or State Police may safely stop traffic and allow the vehicle to
proceed in the opposite direction.
8
Any person who drives or attempts to drive any vehicle or combination of vehicles into or through any tunnel when
the height of such vehicle, any vehicle in a combination of vehicles, or any load on any such vehicle exceeds that
permitted for such tunnel, shall be guilty of a misdemeanor and, in addition, shall be assessed three driver demerit
points. In addition, the driver of any such vehicle shall be fined $1,000, of which $1,000 shall be a mandatory
minimum. For subsequent offenses, the owner of any such vehicle shall be fined $2,500, of which $2,500 shall be a
mandatory minimum.
A violation of this section shall be deemed for all purposes a moving violation.
9
. CHAPTER 189
An Act to amend and reenact § 46.2-838 of the Code of Virginia, relating to passing when overtaking a stationary
mail vehicle. [H 1379]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-838 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-838. Passing when overtaking a vehicle.
A. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet
to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such
overtaken vehicle, except as otherwise provided in this article.
B. The driver of any motor vehicle, upon overtaking a stationary vehicle that is displaying a flashing, blinking, or
alternating amber light as provided in § 46.2-892 or subdivision A 10 of § 46.2-1025, shall proceed with due
caution and maintain a safe speed for highway conditions.
Overtaking stationary mail vehicles; reduce speed. Requires the driver of any motor vehicle overtaking a
stationary vehicle used to collect or deliver the United States mail that is displaying a flashing, blinking, or
alternating amber light to proceed with due caution and maintain a safe speed.
10
CHAPTER 197
An Act to amend and reenact § 46.2-838 of the Code of Virginia, relating to passing when overtaking a stationary
refuse-collection vehicle. [H 1649]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-838 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-838. Passing when overtaking a vehicle.
A. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet
to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such
overtaken vehicle, except as otherwise provided in this article.
B. The driver of any motor vehicle, upon overtaking a stationary vehicle in the process of refuse collection
operations, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic
proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due
regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to
the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe or on highways having fewer than
four lanes, proceed with due caution and decrease speed to 10 miles per hour below the posted speed limit and pass
at least two feet to the left of the vehicle.
Passing stationary refuse collection vehicles. Requires that, with due regard to safety and traffic conditions,
drivers of motor vehicles overtaking stationary vehicles in the process of refuse collection (i) on a highway of at
least four lanes, yield the right of way by a making a lane change into a nonadjacent lane or (ii) on a highway of
fewer than four lanes or if changing lanes would be unreasonable or unsafe, decrease speed to 10 mph below the
posted speed limit and pass at least two feet to the left of the stationary vehicle.
11
CHAPTER 405
An Act to amend and reenact § 46.2-1012 of the Code of Virginia, relating to brake lights on motorcycles and
autocycles. [H 1700]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1012 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1012. Headlights, auxiliary headlights, tail lights, brake lights, and illumination of license plates on
motorcycles or autocycles.
Every motorcycle or autocycle shall be equipped with at least one headlight which shall be of a type that has been
approved by the Superintendent and shall be capable of projecting sufficient light to the front of such motorcycle or
autocycle to render discernible a person or object at a distance of 200 feet. However, the lights shall not project a
glaring or dazzling light to persons approaching such motorcycles or autocycles. In addition, each motorcycle or
autocycle may be equipped with not more than two auxiliary headlights of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with means of modulating the high beam of their headlights between
high and low beam at a rate of 200 to 280 flashes per minute. Such headlights shall not be so modulated during
periods when headlights would ordinarily be required to be lighted under § 46.2-1030.
Every motorcycle or autocycle registered in the Commonwealth and operated on the highways of the
Commonwealth shall be equipped with at least one brake light of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with one or more auxiliary brake lights of a type approved by the
Superintendent. The Superintendent may by regulation prescribe or limit the size, number, location, and
configuration of such auxiliary brake lights.
Every motorcycle or autocycle shall carry at the rear at least one or more red lights plainly visible in clear weather
from a distance of 500 feet to the rear of such vehicle. Such tail lights shall be constructed and so mounted in their
relation to the rear license plate as to illuminate the license plate with a white light so that the same may be read
from a distance of 50 feet to the rear of such vehicle. Alternatively, a separate white light shall be so mounted as to
illuminate the rear license plate from a distance of 50 feet to the rear of such vehicle. Any such tail lights or special
white light shall be of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with a means of varying the brightness of the vehicle's brake light for a
duration of not more than five seconds upon application of the vehicle's brakes.
Brake lights on motorcycles and autocycles. Repeals the five-second maximum duration of increased
brightness of motorcycle and autocycle brake lights when the vehicle's brakes are applied.
12
CHAPTER 217
An Act to amend and reenact § 46.2-118 of the Code of Virginia, relating to towing vehicles with occupants.
[S 793]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-118 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators.
A. No tow truck driver shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Obtain any fee by fraud or misrepresentation;
5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of
a law-enforcement officer to any location outside the Commonwealth; or
6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or
delivery of towing and recovery services.
B. No towing and recovery operator shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed
by the towing and recovery operator;
5. Obtain any fee by fraud or misrepresentation;
6. Advertise services in any manner that deceives, misleads, or defrauds the public;
7. Advertise or offer services under a name other than one's own name;
8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two
commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual
gross income of less than $10,000 derived from the performance of towing and recovery services shall not be
Towing vehicles with occupants. Prohibits tow truck drivers and towing and recovery operators from
knowingly towing a motor vehicle with occupants.
13
required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217, but
shall be required to accept personal checks;
9. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing,
recovery, and processing fees for vehicles;
10. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the
maximum fees normally charged by the towing and recovery operator for basic services for towing and initial
hookup of vehicles;
11. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not
rendered;
12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of
service;
13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services
rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;
14. Employ a driver required to register as a sex offender as provided in § 9.1-901;
15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of
a law-enforcement officer to any location outside the Commonwealth;
16. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the
vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the
vehicle;
17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or
delivery of towing and recovery services; or
18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing
and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-
1209.
C. No tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall
knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is
being towed.
14
CHAPTER 218
An Act to amend and reenact § 46.2-909 of the Code of Virginia, relating to standing while riding a motorcycle.
[S 836]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-909 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-909. Riding on motorcycles, generally.
Every person operating a motorcycle, as defined in § 46.2-100, excluding three-wheeled vehicles, shall ride only
upon the permanent seat attached to the motorcycle, and such unless safety dictates standing on both footpegs for no
longer than is necessary. Such operator shall not carry any other person. No other person shall ride on a motorcycle,
unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the
permanent seat if designed for two persons, or on another seat firmly attached to the rear or side of the seat for the
operator. If the motorcycle is designed to carry more than one person, it shall also be equipped with a footrest for the
use of such passenger.
Riding on motorcycles. Allows a operator of a motorcycle to stand on the footpegs, for no longer than is
necessary, when dictated by safety concerns.
15
CHAPTER 258
An Act to amend and reenact §§ 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-
341.12, 46.2-341.14, 46.2-341.14:1, 46.2-341.15, 46.2-341.16, 46.2-341.18:3, 46.2-341.20, 46.2-341.20:4, 46.2-
348, 46.2-2011.29, 46.2-2139, 46.2-2900, 46.2-2906, 46.2-2907, and 52-8.4 of the Code of Virginia and to amend
the Code of Virginia by adding in Article 3 of Chapter 6 of Title 46.2 sections numbered 46.2-649.3 and 46.2-649.4,
relating to commercial motor vehicle operators. [H 2038]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-
341.14:1, 46.2-341.15, 46.2-341.16, 46.2-341.18:3, 46.2-341.20, 46.2-341.20:4, 46.2-348, 46.2-2011.29, 46.2-2139,
46.2-2900, 46.2-2906, 46.2-2907, and 52-8.4 of the Code of Virginia are amended and reenacted and that the Code
of Virginia is amended by adding in Article 3 of Chapter 6 of Title 46.2 sections numbered 46.2-649.3 and 46.2-
649.4 as follows:
§ 46.2-324.1. Requirements for initial licensure of certain applicants.
A. No driver's license shall be issued to any applicant unless he either (i) provides written evidence of having
satisfactorily completed a course of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-
1700 et seq.) or a comparable course approved by the Department or Department of Education or (ii) has held a
learner's permit issued by the Department for at least 60 days prior to his first behind-the-wheel examination by the
Department when applying for a noncommercial driver's license.
The provisions of this section shall only apply to persons who are at least 19 years old and who either (a) have never
held a driver's license issued by Virginia or any other state or territory of the United States or foreign country or (b)
have never been licensed or held the license endorsement or classification required to operate the type of vehicle
which they now propose to operate. Completion of a course of driver instruction approved by the Department or the
Department of Education at a driver training school may include the final behind-the-wheel examination for a
driver's license; however, a driver training school shall not administer the behind-the-wheel examination to any
applicant who is under medical control pursuant to § 46.2-322. Applicants completing a course of driver instruction
approved by the Department or the Department of Education at a driver training school retain the option of having
the behind-the-wheel examination administered by the Department.
B. No commercial driver's license shall be issued to any applicant unless he is 18 years old or older and has
complied with the requirements of subsection A of § 46.2-341.9. Applicants for a commercial driver's license who
have never before held a commercial driver's license shall apply for a commercial driver's instruction learner's
permit and either (i) provide written evidence of having satisfactorily completed a course of driver instruction at a
driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the
Department or Department of Education and hold the commercial driver's instruction learner's permit for a
minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver's license or (ii)
hold the commercial driver's instruction learner's permit for a minimum of 30 days before taking the behind-the-
wheel examination for the commercial driver's license.
Commercial motor carriers. Amends several motor carrier and commercial drivers' licensing laws, bringing
Virginia into compliance with Federal Motor Carrier Safety Regulations amendments regarding commercial
motor vehicles and exemptions regarding certain farm vehicles and their drivers. The bill lowers the age of
eligibility for an escort vehicle driver certification from 21 to 18 years. The bill also authorizes two additional
circumstances in which law enforcement may remove for-hire license plates: where the carrier's operating
authority has expired and where the plates are being used on a leased vehicle, and the bill makes all license plate
removal optional at the discretion of the law-enforcement officer.
16
Holders of a commercial driver's license who have never held the license endorsement or classification required to
operate the type of commercial motor vehicle which they now propose to operate must apply for a commercial
driver's instruction learner's permit if the upgrade requires a skills test and hold the permit for a minimum of 14
days prior to taking the behind-the-wheel examination for the commercial driver's license.
C. Nothing in this section shall be construed to prohibit the Department from requiring any person to complete the
skills examination as prescribed in § 46.2-325 and the written or automated examinations as prescribed in § 46.2-
335.
D. Notwithstanding the provisions of subsection B, applicants for a commercial driver's license who have never
before held a commercial driver's license who are members of the active duty military, military reserves, National
Guard, active duty United States Coast Guard, or Coast Guard Auxiliary and provide written evidence of having
satisfactorily completed a military commercial driver training program shall hold the commercial learner's permit
for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver's license.
E. Notwithstanding the provisions of subsection B, applicants for a commercial driver's license who have never
before held a commercial driver's license who are employed by a public school division as a bus driver and provide
written evidence of having satisfactorily completed a commercial driver training program with a public school
division shall hold the commercial learner's permit for a minimum of 14 days prior to taking the behind-the-wheel
examination for the commercial driver's license.
§ 46.2-341.4. Definitions.
The following definitions shall apply to this article, unless a different meaning is clearly required by the context:
"Air brake" means any braking system operating fully or partially on the air brake principle.
"Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or
to obtain or renew a commercial driver's instruction learner's permit.
"Automatic transmission" means, for the purposes of the skills test and the restriction, any transmission other than a
manual transmission.
"CDLIS driver record" means the electronic record of the individual commercial driver's status and history stored by
the State of Record as part of the Commercial Driver's License Information System (CDLIS).
"Commercial driver's instruction permit" means a permit issued to an individual in accordance with the provisions of
this article, or if issued by another state, a permit issued in accordance with the standards contained in the Federal
Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder
of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a commercial
driver's license holder, a commercial driver's instruction permit serves as authorization for accompanied behind-the-
wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not valid.
For purposes of this article "Commercial driver's instruction permit" shall have the same meaning as "Commercial
learner's permit (CLP)" in 49 C.F.R § 383.5 of the Federal Motor Carrier Safety regulations.
"Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this
article, or if the license is issued by another state, any license issued to a person in accordance with the federal
Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the
class and type and with the restrictions indicated on the license.
"Commercial driver's license information system" (CDLIS) means the CDLIS established by the Federal Motor
Carrier Safety Administration pursuant to § 12007 of the Commercial Motor Vehicle Safety Act of 1986.
17
"Commercial learner's permit" means a permit issued to an individual in accordance with the provisions of this
article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal
Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a
holder of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a
commercial driver's license holder, a commercial learner's permit serves as authorization for accompanied behind-
the-wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not
valid.
"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor
vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross
vehicle weight rating of 26,001 or more pounds; or (ii) has a gross combination weight rating of 26,001 or more
pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; or (iii) is
designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the
transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles
shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.
The following shall be excluded from the definition of commercial motor vehicle: any vehicle when used by an
individual solely for his own personal purposes, such as personal recreational activities; or any vehicle which (i) is
controlled and operated by a farmer, whether or not it is owned by the farmer, and which is used exclusively for
farm use, as defined provided in § §§ 46.2-649.3 and 46.2-698, (ii) is used to transport either agricultural products,
farm machinery or farm supplies to or from a farm, (iii) is not used in the operation of a common or contract motor
carrier, and (iv) is used within 150 miles of the farmer's farm; or any vehicle operated for military purposes by (a)
active duty military personnel, (b) members of the military reserves, (c) members of the national guard on active
duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and
national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve
technicians, and (d) active duty U.S. Coast Guard personnel; or emergency equipment operated by a member of a
firefighting, rescue, or emergency entity in the performance of his official duties.
"Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title
XII of Public Law 99-570, as amended.
"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to
comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail or collateral deposited to
secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a
fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty
is rebated, suspended or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of
a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an
administrative determination shall include an unvacated certification or finding by an administrative or authorized
law-enforcement official that a person has violated a provision of law.
"Disqualification" means a prohibition against driving, operating or being in physical control of a commercial motor
vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-
enforcement official or body.
"Domicile" means a person's true, fixed and permanent home and principal residence, to which he intends to return
whenever he is absent.
"Employee" means a payroll employee or person employed under lease or contract, or a person who has applied for
employment and whose employment is contingent upon obtaining a commercial driver's license.
"Employer" means a person who owns or leases commercial motor vehicles and assigns employees to drive such
vehicles.
18
"Endorsement" means an authorization to an individual's commercial driver's license or commercial driver's
instruction learner's permit required to permit the individual to operate certain types of commercial motor vehicles.
"FMCSA" means the Federal Motor Carrier Safety Administration.
"Full air brake" means any braking system operating fully on the air brake principle.
"Gross combination weight rating" means the value specified by the manufacturers of an articulated vehicle or
combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by
the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the
gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units,
including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is
registered in its state of registration; however, the registered gross weight shall not be applicable for determining the
classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-
341.14 or 46.2-341.16.
"Gross vehicle weight rating" means the value specified by the manufacturer of the vehicle as the maximum loaded
weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement
purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including
any load thereon; or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the
registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for
purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.
"Hazardous materials" means materials designated to be hazardous in accordance with § 103 of the federal
Hazardous Materials Transportation Act, as amended, (49 U.S.C. § 5101 et seq.) and which require placarding when
transported by motor vehicle as provided in the federal Hazardous Materials Regulations (49 C.F.R. Part 172,
Subpart F); it also includes any quantity of any material listed as a select agent or toxin in federal Public Health
Service Regulations at 42 C.F.R. Part 73.
"Manual transmission" (also known as a stick shift, stick, straight drive, or standard transmission) means a
transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism
operated by either hand or foot.
"Non-commercial driver's license" means any other type of motor vehicle license, such as an automobile driver's
license, a chauffeur's license, or a motorcycle license.
"Nondomiciled commercial learner's permit" or "nondomiciled commercial driver's license" means a commercial
learner's permit or commercial driver's license, respectively, issued to a person in accordance with the provisions of
this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled
in a foreign jurisdiction that does not test drivers and issue commercial driver's licenses in accordance with, or
under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor
Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from
issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.
"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-
341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or
regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by
authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States,
the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other
jurisdictions' officers pursuant to federal Federal Motor Carrier Safety Regulations, that a driver, a commercial
motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is
prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or
declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in
the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or
declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-
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of-service order or declaration has been lifted. For purposes of this article, the provisions of the federal Federal
Motor Carrier Safety Regulations (49 C.F.R. Parts 390 through 397), including such regulations or any substantially
similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada,
Mexico, or any locality shall be considered laws similar to the Virginia laws referenced herein.
"Person" means a natural person, firm, partnership, association, corporation, or a governmental entity including a
school board.
"Restriction" means a prohibition on a commercial driver's license or commercial driver's instruction learner's
permit that prohibits the holder from operating certain commercial motor vehicles.
"Seasonal restricted commercial driver's license" means a commercial driver's license issued, under the authority of
the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by Virginia or any other
jurisdiction, to an individual who has not passed the knowledge or skills tests required of other commercial driver's
license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on
the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm
currently being served.
"State" means one of the 50 states of the United States or the District of Columbia.
"Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials
within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity
of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However,
this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R.
Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation,
with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank
vehicle.
"Third party examiner" means an individual who is an employee of a third party tester and who is certified by the
Department to administer tests required for a commercial driver's license.
"Third party tester" means a person (including, but not limited to, another state, a motor carrier, a private institution,
the military, or a department, agency, or instrumentality of a local government) certified by the Department to
employ third party examiners to administer a test program for testing commercial driver's license applicants in
accordance with this article.
"VAMCSR" means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of
State Police pursuant to § 52-8.4.
§ 46.2-341.7. Commercial driver's license required; penalty.
A. No person shall drive a commercial motor vehicle in the Commonwealth unless he has been issued a commercial
driver's license or commercial driver's instruction learner's permit and unless such license or permit authorizes the
operation of the type and class of vehicle so driven, and unless such license or permit is valid.
B. Every driver of a commercial motor vehicle, while driving such vehicle in the Commonwealth, shall have in his
immediate possession the commercial driver's license or commercial driver's instruction learner's permit authorizing
the operation of such vehicle and shall make it available to any law-enforcement officer upon request. Failure to
comply with this subsection shall be punishable as provided in § 46.2-104.
C. No person shall drive a commercial vehicle in Virginia in violation of any of the restrictions or limitations stated
on his commercial driver's license or commercial driver's instruction learner's permit. A violation of the subsection
shall constitute a Class 2 misdemeanor.
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§ 46.2-341.8. Nonresidents and new residents.
A. Any person who is not domiciled in the Commonwealth, who has been duly issued a commercial driver's license
or commercial driver's instruction learner's permit by his state of domicile, who has such license or permit in his
immediate possession, whose privilege or license to drive any motor vehicle is not suspended, revoked, or cancelled,
and who has not been disqualified from driving a commercial motor vehicle, shall be permitted without further
examination or licensure by the Commonwealth, to drive a commercial motor vehicle in the Commonwealth.
Within 30 days after becoming domiciled in this Commonwealth, any person who has been issued a commercial
driver's license by another state and who intends to drive a commercial motor vehicle shall apply to the Department
for a Virginia commercial driver's license. If the Commissioner determines that such applicant is otherwise eligible
for a commercial driver's license, the Department will issue him a Virginia commercial driver's license with the
same classification and endorsements as his commercial driver's license from another state, without requiring him to
take the knowledge or skills test required for such commercial driver's license in accordance with § 46.2-330.
However, any such applicant seeking to transfer his commercial driver's license and to retain a hazardous materials
endorsement shall have, within the two-year period preceding his application for a Virginia commercial driver's
license, either (i) passed the required test for such endorsement specified in 49 C.F.R. § 383.121 or (ii) successfully
completed a hazardous materials test or training that is given by a third party and that is deemed to substantially
cover the same knowledge base as described in 49 C.F.R. § 383.121.
B. Any person who is (i) domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver's
licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part
383 of the Federal Motor Carrier Safety Regulations or (ii) domiciled in another state while that state is prohibited
from issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405
may apply to the Department for a nondomiciled commercial learner's permit or nondomiciled commercial driver's
license.
An applicant for a nondomiciled commercial learner's permit or nondomiciled commercial driver's license shall be
required to meet all requirements for a commercial learner's permit or commercial driver's license, respectively.
An applicant domiciled in a foreign jurisdiction shall provide an unexpired employment authorization document
(EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport
accompanied by an approved Form I-94 documenting the applicant's most recent admittance into the United States.
An applicant for a nondomiciled commercial driver's license or nondomiciled commercial learner's permit shall not
be required to surrender his foreign license.
After receipt of a nondomiciled commercial driver's license or nondomiciled commercial learner's permit and for as
long as it is valid, holders of such licenses or permits shall be required to notify the Department of any adverse
action taken by any jurisdiction or governmental agency, foreign or domestic, against his driving privileges. Such
notification shall be made before the end of the business day following the day the driver receives notice of the
suspension, revocation, cancellation, lost privilege, or disqualification.
§ 46.2-341.9. Eligibility for commercial driver's license or commercial learner's permit.
A. A Virginia commercial driver's license or commercial driver's instruction learner's permit shall be issued only to
a person who drives or intends to drive a commercial motor vehicle and, who is domiciled in the Commonwealth,
provided that any person who is domiciled in a jurisdiction outside the United States, but has resided in the
Commonwealth for a period of six weeks, shall be and who is eligible for a commercial driver's license or
commercial driver's instruction learner's permit under such terms and conditions as the Department may require.
No person shall be eligible for a Virginia commercial driver's license or commercial driver's instruction learner's
permit until he has applied for such license or permit and has passed the applicable vision, knowledge and skills
tests required by this article, and has satisfied all other applicable licensing requirements imposed by the laws of the
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Commonwealth. Such requirements shall include meeting the standards contained in subparts F, G, and H, of Part
383 of the FMCSA regulations.
No person shall be eligible for a Virginia commercial driver's license or commercial driver's instruction learner's
permit during any period in which he is disqualified from driving a commercial motor vehicle, or his driver's license
or privilege to drive is suspended, revoked or cancelled in any state, or during any period wherein the restoration of
his license or privilege is contingent upon the furnishing of proof of financial responsibility.
No person shall be eligible for a Virginia commercial driver's license until he surrenders all other driver's licenses
issued to him by any state.
No person shall be eligible for a Virginia commercial driver's instruction learner's permit until he surrenders all
other driver's licenses and permits issued to him by any other state. The applicant for a commercial driver's
instruction learner's permit is not required to surrender his Virginia noncommercial driver's license.
No person under the age of 21 years shall be eligible for a commercial driver's license, except that a person who is at
least 18 years of age may be issued a commercial driver's license or commercial driver's instruction learner's permit,
provided that such person is exempt from or is not subject to the age requirements of the Federal Motor Carrier
Safety Regulations contained in 49 C.F.R. Part 391, and is not prohibited from operating a commercial motor
vehicle by the Virginia Motor Carrier Safety Regulations, and has so certified. No person under the age of 21 years
shall be issued a hazardous materials endorsement.
No person shall be eligible for a Virginia commercial driver's license to drive a Type S vehicle, as defined in
subsection B of § 46.2-341.16, during any period in which he is a person for whom registration with the Sex
Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.
In determining the eligibility of any applicant for a Virginia commercial driver's license, the Department shall
consider, to the extent not inconsistent with federal law, the applicant's military training and experience.
A person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to
Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 may be issued a Virginia commercial driver's license to drive a Type P
vehicle, as defined in subsection B of § 46.2-341.16, provided the commercial driver's license includes a restriction
prohibiting the license holder from operating a commercial vehicle to transport children to or from activities
sponsored by a school or by a child day care facility licensed, regulated, or approved by the Virginia Department of
Social Services.
B. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C. 31311(a)(12) a commercial driver's
license or commercial learner's permit may be issued to an individual who (i) operates or will operate a commercial
motor vehicle; (ii) is a member of the active duty military, military reserves, National Guard, active duty United
States Coast Guard, or Coast Guard Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose
temporary or permanent duty station is located in the Commonwealth.
§ 46.2-341.10. Special provisions relating to commercial learner's permit.
A. The Department, upon receiving an application on forms prescribed by the Commissioner and upon the
applicant's satisfactory completion of the vision and knowledge tests required for the class and type of commercial
motor vehicle to be driven by the applicant may, in its discretion, issue to such applicant a commercial driver's
instruction learner's permit. Such permit shall be valid for no more than 180 days from the date of issuance. The
Department may renew the commercial driver's instruction learner's permit for an additional 180 days without
requiring the commercial driver's instruction learner's permit holder to retake the general and endorsement
knowledge tests. No additional renewals are permitted. A commercial driver's instruction learner's permit shall
entitle the applicant to drive a commercial motor vehicle of the class and type designated on the permit, but only
when accompanied by a person licensed to drive the class and type of commercial motor vehicle driven by the
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applicant. The person accompanying the permit holder shall occupy the seat closest to the driver's seat for the
purpose of giving instruction to the permit holder in driving the commercial motor vehicle.
B. No person shall be issued a commercial driver's instruction learner's permit unless he possesses a valid Virginia
driver's license or has satisfied all the requirements necessary to obtain such a license.
C. A commercial driver's instruction learner's permit holder with a passenger (P) endorsement (i) must have taken
and passed the P endorsement knowledge test and (ii) is prohibited from operating a commercial motor vehicle
carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the
commercial driver's license holder accompanying the commercial driver's instruction learner's permit holder. The P
endorsement must be class specific.
D. A commercial driver's instruction learner's permit holder with a school bus (S) endorsement (i) must have taken
and passed the S endorsement knowledge test and (ii) is prohibited from operating a school bus with passengers
other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license
holder accompanying the commercial driver's instruction learner's permit holder. No person shall be issued a
commercial driver's instruction learner's permit to drive school buses or to drive any commercial vehicle to
transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or
approved by the Virginia Department of Social Services during any period in which he is a person for whom
registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900
et seq.) of Title 9.1.
E. A commercial driver's instruction learner's permit holder with a tank vehicle (N) endorsement (i) must have taken
and passed the N endorsement knowledge test and (ii) may only operate an empty tank vehicle and is prohibited
from operating any tank vehicle that previously contained hazardous materials that has not been purged of any
residue.
F. The issuance of a commercial driver's instruction learner's permit is a precondition to the initial issuance of a
commercial driver's license and to the upgrade of a commercial driver's license if the upgrade requires a skills test.
The commercial driver's instruction learner's permit holder is not eligible to take the commercial driver's license
skills test until he has held the permit for the required period of time specified in § 46.2-324.1.
G. Any instruction commercial learner's permit holder who operates a commercial motor vehicle without being
accompanied by a licensed driver as provided in this section is guilty of a Class 2 misdemeanor.
H. The Department shall charge a fee of $3 for each instruction commercial learner's permit issued under the
provisions of this section.
§ 46.2-341.12. Application for commercial driver's license or commercial learner's permit.
A. Every application to the Department for a commercial driver's license or commercial driver's instruction
commercial learner's permit shall be made upon a form approved and furnished by the Department, and the
applicant shall write his usual signature in ink in the space provided. The applicant shall provide the following
information:
1. Full legal name;
2. Current mailing and residential addresses;
3. Physical description including sex, height, weight and eye and hair color;
4. Year, month and date of birth;
5. Social Security security number; and
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6. Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military,
military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49
U.S.C. § 31311(a)(12); and
7. Any other information required on the application form.
The applicant's Social Security social security number shall be provided to the Commercial Driver's License
Information System as required by 49 C.F.R. § 383.153.
B. Every applicant for a commercial driver's license or commercial driver's instruction learner's permit shall also
submit to the Department the following:
1. A consent to release driving record information;
2. Certifications that:
a. He either meets the federal qualification requirements of 49 C.F.R. Parts 383 and 391, or he is exempt from or is
not subject to such federal requirements;
b. He either meets the state qualification requirements established pursuant to § 52-8.4, or he is exempt from or is
not subject to such requirements;
c. The motor vehicle in which the applicant takes the skills test is representative of the class and, if applicable, the
type of motor vehicle for which the applicant seeks to be licensed;
d. He is not subject to any disqualification, suspension, revocation or cancellation of his driving privileges;
e. He does not have more than one driver's license;
3. Other certifications required by the Department;
4. Any evidence required by the Department to establish proof of identity, legal presence, citizenship or lawful
permanent residency, domicile, and social security number notwithstanding the provisions of § 46.2-328.1 and
pursuant to 49 C.F.R. Part 383; and
5. A statement indicating whether (i) the applicant has previously been licensed to drive any type of motor vehicle
during the previous 10 years and, if so, all states that licensed the applicant and the dates he was licensed, and (ii)
whether or not he has ever been disqualified, or his license suspended, revoked or cancelled and, if so, the date of
and reason therefor; and
6. An unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services
(USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant's
most recent admittance into the United States for persons applying for a nondomiciled commercial driver's license
or nondomiciled commercial learner's permit.
C. Every application for a commercial driver's license shall include a photograph of the applicant supplied under
arrangements made therefor by the Department in accordance with § 46.2-323.
D. The Department shall disqualify any commercial driver for a period of one year when the records of the
Department clearly show to the satisfaction of the Commissioner that such person has made a material false
statement on any application or certification made for a commercial driver's license or commercial driver's
instruction learner's permit. The Department shall take such action within 30 days after discovering such
falsification.
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E. The Department shall review the driving record of any person who applies for a Virginia commercial driver's
license or commercial driver's instruction learner's permit, for the renewal or reinstatement of such license or permit
or for an additional commercial classification or endorsement, including the driving record from all jurisdictions
where, during the previous 10 years, the applicant was licensed to drive any type of motor vehicle. Such review shall
include checking the photograph on record whenever the applicant or holder appears in person to renew, upgrade,
transfer, reinstate, or obtain a duplicate commercial driver's license or to renew, upgrade, reinstate, or obtain a
duplicate commercial driver's instruction learner's permit. If appropriate, the Department shall incorporate
information from such other jurisdictions' records into the applicant's Virginia driving record, and shall make a
notation on the applicant's driving record confirming that such review has been completed and the date it was
completed. The Department's review shall include research through the Commercial Driver License Information
System established pursuant to the Commercial Motor Vehicle Safety Act and the National Driver Register Problem
Driver Pointer System in addition to the driver record maintained by the applicant's previous jurisdictions of
licensure. This research shall be completed prior to the issuance, renewal, transfer, or reinstatement of a commercial
driver's license or additional commercial classification or endorsement.
The Department shall verify the name, date of birth, and Social Security number provided by the applicant with the
information on file with the Social Security Administration for initial issuance of a commercial driver's instruction
learner's permit, or transfer of a commercial driver's license from another state or for drivers renewing a commercial
driver's license for the first time after July 8, 2011, who have not previously had their Social Security number
information verified. The Department shall make a notation in the driver's record confirming that the necessary
verification has been completed and noting the date it was done. The Department shall also make a notation
confirming that proof of citizenship or lawful permanent residency has been presented and the date it was done.
F. On and after January 30, 2012, every Every new applicant for a commercial driver's license or commercial
driver's instruction learner's permit, including any person applying for a commercial driver's license or permit after
revocation of his driving privileges, who certifies that he will operate a commercial motor vehicle in non-excepted
interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical
examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an
appropriate medical examiner's certificate, the Department shall post a certification status of "certified" on the
record of the driver on the Commercial Driver's License Information System. Any new applicant for a commercial
driver's license or commercial driver's instruction learner's permit who fails to comply with the requirements of this
subsection shall be denied the issuance of a commercial driver's license or commercial driver's instruction learner's
permit by the Department.
G. On and after January 30, 2012, but no later than January 30, 2014, every Every existing holder of a commercial
driver's license or commercial driver's instruction learner's permit who certifies that he will operate a commercial
motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or
certified copy of a medical examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5.
Upon receipt of an appropriate medical examiner's certificate, the Department shall post a certification status of
"certified" and any other necessary information on the record of the driver on the Commercial Driver's License
Information System. If an existing holder of a commercial driver's license fails to provide the Department with a
medical certificate as required by this subsection, the Department shall post a certification status of "noncertified" on
the record of the driver on the Commercial Driver's License Information System and initiate a downgrade of his
commercial driver's license as defined in 49 C.F.R. § 383.5.
H. Any person who provides a medical certificate to the Department pursuant to the requirements of subsections F
and G shall keep the medical certificate information current and shall notify the Department of any change in the
status of the medical certificate. If the Department determines that the medical certificate is no longer valid, the
Department shall initiate a downgrade of the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.
I. If the Department receives notice that the holder of a commercial driver's license has been issued a medical
variance as defined in 49 C.F.R. § 390.5, the Department shall indicate the existence of such medical variance on the
commercial driver's license document of the driver and on the record of the driver on the Commercial Driver's
License Information System using the restriction code "V."
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J. Any holder of a commercial driver's license who has been issued a medical variance shall keep the medical
variance information current and shall notify the Department of any change in the status of the medical variance. If
the Department determines that the medical variance is no longer valid, the Department shall initiate a downgrade of
the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.
K. Any applicant applying for a hazardous materials endorsement must comply with Transportation Security
Administration requirements in 49 C.F.R. Part 1572. A lawful permanent resident of the United States requesting a
hazardous materials endorsement must additionally provide his U.S. Citizenship and Immigration Services (USCIS)
alien registration number.
§ 46.2-341.14. Testing requirements for commercial driver's license; behind-the-wheel and knowledge
examinations.
A. The Department shall conduct an examination of every applicant for a commercial driver's license, which
examination shall comply with the minimum federal standards established pursuant to the federal Commercial
Motor Vehicle Safety Act. The examination shall be designed to test the vision, knowledge, and skills required for
the safe operation of the class and type of commercial motor vehicle for which the applicant seeks a license.
B. An applicant's skills test shall be conducted in a vehicle that is representative of or meets the description of the
class of vehicle for which the applicant seeks to be licensed. In addition, applicants who seek to be licensed to drive
vehicles with air brakes, passenger-carrying vehicles, or school buses must take the skills test in a vehicle that is
representative of such vehicle type. Such vehicle shall be furnished by the applicant and shall be properly licensed,
inspected and insured.
C. Prior to April 1, 1992, the Commissioner may waive the skills test for applicants licensed at the time they apply
for a commercial driver's license if:
1. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the
date of application:
a. Had more than one driver's license, except during the ten-day period beginning on the date such person is issued a
driver's license, or unless, prior to December 31, 1989, such applicant was required to have more than one license by
a state law enacted before June 1, 1986;
b. Had any driver's license or driving privilege suspended, revoked or canceled;
c. Had any convictions involving any kind of motor vehicle for the offenses listed in § 46.2-341.18, 46.2-341.19, or
46.2-341.20; and
d. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking
violation, which violation arose in connection with any reportable traffic accident; and
2. The applicant certifies and provides evidence satisfactory to the Commissioner that he is regularly employed in a
job requiring the operation of a commercial motor vehicle, and either:
a. Has previously taken and successfully completed a skills test which was administered by a state with a classified
licensing and testing system and that test was behind the wheel in a vehicle representative of the class and, if
applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
b. Has operated, for at least two years immediately preceding the application date, a vehicle representative of the
class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed.
D. The Commissioner may, in his discretion, designate such persons as he deems fit, including private or
governmental entities, to administer the knowledge and skills tests required of applicants for a commercial driver's
26
license. Any person so designated shall comply with all statutes and regulations with respect to the administration of
such tests.
The Commissioner shall require all state and third party test examiners to successfully complete a formal
commercial driver's license test examiner training course and examination before certifying them to administer
commercial driver's license knowledge and skills tests. All state and third party test examiners shall complete a
refresher training course and examination every four years to maintain their commercial driver's license test
examiner certification. The refresher training course shall comply with 49 C.F.R. § 384.228. At least once every two
years, the Department shall conduct covert and overt monitoring of examinations performed by state and third party
commercial driver's license test examiners.
The Commissioner shall require a nationwide criminal background check of all test examiners at the time of hiring
or prior to certifying them to administer commercial driver's license testing. The Commissioner shall complete a
nationwide criminal background check for any state or third party test examiners who are current examiners and
who have not had a nationwide criminal background check.
The Commissioner shall revoke the certification to administer commercial driver's license tests for any test examiner
who (i) does not successfully complete the required refresher training every four years or (ii) does not pass the
required nationwide criminal background check. Criteria for not passing the criminal background check include but
are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent
activities.
E. D. Every applicant for a commercial driver's license who is required by the Commissioner to take a vision test
shall either (i) appear before a license examiner of the Department of Motor Vehicles to demonstrate his visual
acuity and horizontal field of vision; or (ii) submit with his application a copy of the vision examination report
which was used as the basis for such examination made within 90 days of the application date by an ophthalmologist
or optometrist. The Commissioner may, by regulation, determine whether any other visual tests will satisfy the
requirements of this title for commercial drivers.
F. E. No person who fails the behind-the-wheel examination for a commercial driver's license administered by the
Department three times shall be permitted to take such examination a fourth time until he successfully completes,
subsequent to the third examination failure, the in-vehicle component of driver instruction at a driver training school
licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the
Department of Education. In addition, no person who fails the general knowledge examination for a commercial
driver's license administered by the Department three times shall be permitted to take such examination a fourth
time until he successfully completes, subsequent to the third examination failure, the knowledge component of
driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course
approved by the Department or the Department of Education.
The provisions of this subsection shall not apply to persons placed under medical control pursuant to § 46.2-322.
G. F. Knowledge tests may be administered in written form, verbally, or in automated format and can be
administered in a foreign language, provided no interpreter is used in administering the test.
H. G. Interpreters are prohibited during the administration of the skills tests. Applicants must be able to understand
and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the
examiner may communicate in a language other than English during the skills test.
H. Skills tests may be administered to an applicant who has taken training in Virginia and is to be licensed in
another state. Such test results shall be electronically transmitted directly from Virginia to the licensing state in an
efficient and secure manner. The Department may charge a fee of not more than $85 to any such applicant.
I. The Department shall accept the results of skills tests administered to applicants by any other state in fulfillment
of the applicant's testing requirements for commercial licensure in the Commonwealth.
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§ 46.2-341.14:1. Requirements for third party testers.
A. Pursuant to § 46.2-341.14, third party testers will be authorized to issue skills test certificates, which will be
accepted by the Department as evidence of satisfaction of the skills test component of the commercial driver's
license examination. Authority to issue skills test certificates will be granted only to third party testers certified by
the Department.
B. To qualify for certification, a third party tester shall:
1. Make application to and enter into an agreement with the Department as provided in § 46.2-341.14:3;
2. Maintain a place of business in Virginia;
3. Have at least one certified third party examiner in his employ;
4. Ensure that all third party examiners in his employ are certified and comply with the requirements of §§ 46.2-
341.14:2 and 46.2-341.14:7;
5. Permit the Department and the FMCSA of the U.S. Department of Transportation to conduct random
examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing
program without prior notice;
6. Maintain at the principal place of business a copy of the state certificate authorizing the third party tester to
administer a commercial driver's license testing program and current third party agreement;
7. Maintain at a Virginia location, for a minimum of two years after a skills test is conducted, a record of each driver
for whom the third party tester conducts a skills test, whether the driver passes or fails the test. Each such record
shall include:
a. The complete name of the driver;
b. The driver's Social Security number or other driver's license number and the name of the state or jurisdiction that
issued the license held by the driver at the time of the test;
c. The date the driver took the skills test;
d. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;
e. The name and certification number of the third party examiner conducting the skills test; and
f. Evidence of the driver's employment with the third party tester at the time the test was taken. If the third party
tester is a school board that tests drivers who are trained but not employed by the school board, evidence that (i) the
driver was employed by a school board at the time of the test and (ii) the third party tester trained the driver in
accordance with the Virginia School Bus Driver Training Curriculum Guide;
8. Maintain at a Virginia location a record of each third party examiner in the employ of the third party tester. Each
record shall include:
a. Name and Social Security number;
b. Evidence of the third party examiner's certification by the Department;
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c. A copy of the third party examiner's current training and driving record, which must be updated annually;
d. Evidence that the third party examiner is an employee of the third party tester; and
e. If the third party tester is a school board, a copy of the third party examiner's certification of instruction issued by
the Virginia Department of Education;
9. Retain the records required in subdivision 8 for at least two years after the third party examiner leaves the employ
of the third party tester;
10. Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the
requirements of §§ 46.2-341.14:8 and 46.2-341.14:9 and the instructions provided by the Department;
11. Maintain compliance with all applicable provisions of this article and the third party tester agreement executed
pursuant to § 46.2-341.14:3; and
12. Maintain a copy of the third party tester's road test route or routes approved by the Department.
C. In addition to the requirements listed in subsection B, all third party testers who are not governmental entities
shall:
1. Be engaged in a business involving the use of commercial motor vehicles, which business has been in operation in
Virginia for a minimum of one year;
2. Employ at least 75 Virginia-licensed drivers of commercial motor vehicles, during the 12-month period preceding
the application, including part-time and seasonal drivers. This requirement may be waived by the Department
pursuant to § 46.2-341.14:10;
3. If subject to the FMCSA regulations and rated by the U.S. Department of Transportation, maintain a rating of
"satisfactory"; and
4. Comply with the Virginia Motor Carrier Safety Regulations; and
5. Initiate and maintain a bond in the amount of $5,000 to pay for retesting drivers in the event that the third-party
tester or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills
testing for applicants.
§ 46.2-341.15. Commercial driver's license and commercial learner's permit document.
A. The commercial driver's license issued by the Department shall be identified as a Virginia commercial driver's
license and shall include at least the following:
1. Full name, a Virginia address, and signature of the licensee;
2. A photograph of the licensee;
3. A physical description of the licensee, including sex and height;
4. The licensee's date of birth and license number that shall be assigned by the Department to the licensee and shall
not be the same as the licensee's Social Security number;
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5. A designation of the class and type of commercial motor vehicle or vehicles which the licensee is authorized to
drive, together with any restrictions; and
6. The date of license issuance and expiration.
B. The commercial driver's instruction learner's permit shall be identified as such but shall in all other respects
conform to subsection A of this section. A commercial driver's instruction learner's permit shall also contain a
statement that the permit is invalid unless accompanied by the underlying driver's license.
C. A nondomiciled commercial driver's license or a nondomiciled commercial learner's permit shall contain the
word "nondomiciled" on the face of the document.
§ 46.2-341.16. Vehicle classifications, restrictions, and endorsements.
A. A commercial driver's license or commercial driver's instruction learner's permit shall authorize the licensee or
permit holder to operate only the classes and types of commercial motor vehicles designated thereon. The classes of
commercial motor vehicles for which such license may be issued are:
1. Class A-Combination heavy vehicle. - Any combination of vehicles with a gross combination weight rating of
26,001 or more pounds, provided the gross vehicle weight rating of the vehicles being towed is in excess of 10,000
pounds;
2. Class B-Heavy straight vehicle or other combination. - Any single motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating that is not
in excess of 10,000 pounds; and
3. Class C-Small vehicle. - Any vehicle that does not fit the definition of a Class A or Class B vehicle and is either
(i) designed to transport 16 or more passengers including the driver or (ii) is used in the transportation of hazardous
materials.
B. Commercial driver's licenses shall be issued with endorsements authorizing the driver to operate the types of
vehicles identified as follows:
1. Type T-Vehicles with double or triple trailers;
2. Type P-Vehicles carrying passengers;
3. Type N-Vehicles with cargo tanks;
4. Type H-Vehicles required to be placarded for hazardous materials;
5. Type S-School buses carrying 16 or more passengers, including the driver;
6. Type X-combination of tank vehicle and hazardous materials endorsements for commercial driver's licenses
issued on or after July 1, 2014; and
7. At the discretion of the Department, any additional codes for groupings of endorsements with an explanation of
such code appearing on the front or back of the license.
C. Commercial driver's licenses shall be issued with restrictions limiting the driver to the types of vehicles identified
as follows:
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1. L for no air brake equipped commercial motor vehicles for licenses issued on or after July 1, 2014. An applicant
is restricted from operating a commercial motor vehicle with any type of air brake if he does not take or fails the air
brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
2. Z for no full air brake equipped commercial motor vehicles. If an applicant performs the skills test in a vehicle
equipped with air over hydraulic brakes, the applicant is restricted from operating a commercial motor vehicle
equipped with any braking system operating fully on the air brake principle;
3. E for no manual transmission equipped commercial motor vehicles for commercial driver's licenses issued on or
after July 1, 2014;
4. O for no tractor-trailer commercial motor vehicles;
5. M for no class A passenger vehicles;
6. N for no class A and B passenger vehicles;
7. K for vehicles not equipped with air brakes for commercial driver's licenses issued before July 1, 2014. An
applicant is restricted from operating a commercial motor vehicle with any type of air brakes if he does not take or
fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air
brakes;
8. K for intrastate only for commercial driver's licenses issued on or after July 1, 2014;
9. V for medical variance; and
10. At the discretion of the Department, any additional codes for groupings of restrictions with an explanation of
such code appearing on the front or back of the license.
D. Commercial driver's instruction learner's permits shall be issued with endorsements authorizing the driver to
operate the types of vehicles identified as follows:
1. Type P-Vehicles carrying passengers as provided in § 46.2-341.10;
2. Type N-Vehicles with cargo tanks as provided in § 46.2-341.10; and
3. Type S-School buses carrying 16 or more passengers, including the driver as provided in § 46.2-341.10.
E. Commercial driver's instruction learner's permits shall be issued with restrictions limiting the driver to the types
of vehicles identified as follows:
1. P for no passengers in commercial motor vehicles bus;
2. X for no cargo in commercial motor vehicles tank vehicle;
3. L for no air brake equipped commercial motor vehicles for commercial driver's instruction learner's permits
issued on or after July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type
of air brake if he does not take or fails the air brake component of the knowledge test;
4. M for no class A passenger vehicles;
5. N for no class A and B passenger vehicles;
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6. K for vehicles not equipped with air brakes for commercial driver's instruction learner's permits issued before
July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brake if he
does not take or fails the air brake component of the knowledge test;
7. K for intrastate only for commercial driver's instruction learner's permits issued on or after July 1, 2014;
8. V for medical variance; and
9. Any additional jurisdictional restrictions that apply to the commercial driver's instruction learner's permit.
F. Persons authorized to drive Class A vehicles are also authorized to drive Classes B and C vehicles, provided such
persons possess the requisite endorsements for the type of vehicle driven.
G. Persons authorized to drive Class B vehicles are also authorized to drive Class C vehicles, provided such persons
possess the requisite endorsements for the type of vehicle driven.
H. Any licensee who seeks to add a classification or endorsement to his commercial driver's license must submit the
application forms, certifications and other updated information required by the Department and shall take and
successfully complete the tests required for such classification or endorsement.
I. If any endorsement to a commercial driver's license is canceled by the Department and the licensee does not
appear in person at the Department to have such endorsement removed from the license, then the Department may
cancel the commercial driver's license of the licensee.
§ 46.2-341.18:3. Cancellation of commercial driver's license endorsement for certain offenders.
The Commissioner shall cancel the Type S school bus endorsement for any person holding a commercial driver's
license or commercial driver's instruction learner's permit who is convicted of an offense for which registration is
required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 99.1-900 et seq.) of Title
9.1.
Any person holding a commercial driver's license or commercial driver's instruction learner's permit with a Type P
passenger endorsement who is convicted of an offense for which registration is required in the Sex Offender and
Crimes Against Minors Registry pursuant to Chapter 99.1-900 et seq.) of Title 9.1 shall surrender such license or
permit to the Department, and shall be issued a license or permit that includes a restriction prohibiting the license or
permit holder from operating a vehicle to transport children to or from activities sponsored by a school or by a child
day care facility licensed, regulated, or approved by the Virginia Department of Social Services.
If the holder of a commercial driver's license or commercial driver's instruction learner's permit fails to surrender
the license or permit as required under this section, the Department shall cancel the license or permit.
§ 46.2-341.20. Disqualification for multiple serious traffic violations.
A. For the purposes of this section, the following offenses, if committed in a commercial motor vehicle, are serious
traffic violations:
1. Driving at a speed 15 or more miles per hour in excess of the posted speed limits;
2. Reckless driving;
3. A violation of a state law or local ordinance relating to motor vehicle traffic control arising in connection with a
fatal traffic accident;
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4. Improper or erratic traffic lane change;
5. Following the vehicle ahead too closely;
6. Driving a commercial motor vehicle without obtaining a commercial driver's license or commercial driver's
instruction learner's permit;
7. Driving a commercial motor vehicle without a commercial driver's license or commercial driver's instruction
learner's permit in the driver's immediate possession;
8. Driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements
for the specific vehicle group being operated or for the passengers or type of cargo being transported;
9. A violation of a state law, including §§ 46.2-341.20:5 and 46.2-919.1 or a local ordinance relating to motor
vehicle traffic control prohibiting texting while driving; and
10. A violation of a state law, including §§ 46.2-341.20:5 and 46.2-919.1, or a local ordinance relating to motor
vehicle traffic control restricting or prohibiting the use of a handheld mobile telephone while driving a commercial
motor vehicle.
For the purposes of this section, parking, vehicle weight, and vehicle defect violations shall not be considered traffic
violations.
B. Beginning September 30, 2005, the following offenses shall be treated as serious traffic violations if committed
while operating a noncommercial motor vehicle, but only if (i) the person convicted of the offense was, at the time
of the offense, the holder of a commercial driver's license or commercial driver's instruction learner's permit; (ii) the
offense was committed on or after September 30, 2005; and (iii) the conviction, by itself or in conjunction with other
convictions that satisfy the requirements of this section, resulted in the revocation, cancellation, or suspension of
such person's driver's license or privilege to drive.
1. Driving at a speed 15 or more miles per hour in excess of the posted speed limits;
2. Reckless driving;
3. A violation of a state law or local ordinance relating to motor vehicle traffic control arising in connection with a
fatal traffic accident;
4. Improper or erratic traffic lane change; or
5. Following the vehicle ahead too closely.
C. The Department shall disqualify for the following periods of time, any person whose record as maintained by the
Department shows that he has committed, within any three-year period, the requisite number of serious traffic
violations:
1. A 60-day disqualification period for any person convicted of two serious traffic violations; or
2. A 120-day disqualification period for any person convicted of three serious traffic violations.
D. Any disqualification period imposed pursuant to this section shall run consecutively, and not concurrently, with
any other disqualification period imposed hereunder.
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§ 46.2-341.20:4. Disqualification of driver convicted of fraud related to the testing and issuance of a commercial
learner's permit or commercial driver's license.
A person who has been convicted of fraud pursuant to § 46.2-348 related to the issuance of a commercial driver's
instruction learner's permit or commercial driver's license shall be disqualified for a period of one year. The
application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial
driver's license or seeks to renew or upgrade the fraudulently obtained commercial driver's instruction learner's
permit must also, at a minimum, be disqualified. Any disqualification must be recorded in the person's driving
record. The person may not reapply for a new commercial driver's license for at least one year.
If the Department receives credible information that a commercial driver's instruction learner's permit holder or
commercial driver's license holder is suspected, but has not been convicted, of fraud related to the issuance of his
commercial driver's instruction learner's permit or commercial driver's license, the Department shall require the
driver to retake the skills test or knowledge test, or both. Within 30 days of receiving notification from the
Department that re-testing retesting is necessary, the affected commercial driver's instruction learner's permit holder
or commercial driver's license holder must make an appointment or otherwise schedule to take the next available
test. If the commercial driver's instruction learner's permit holder or commercial driver's license holder fails to make
an appointment within 30 days, the Department shall disqualify his commercial driver's instruction learner's permit
or commercial driver's license. If the driver fails either the knowledge or skills test or does not take the test, the
Department shall disqualify his commercial driver's instruction learner's permit or commercial driver's license. Once
a commercial driver's instruction learner's permit holder's or commercial driver's license holder's commercial
driver's instruction learner's permit or commercial driver's license has been disqualified, he must reapply for a
commercial driver's instruction learner's permit or commercial driver's license under Department procedures
applicable to all commercial driver's instruction learner's permit and commercial driver's license applicants.
§ 46.2-348. Fraud or false statements in applications for license; penalties.
Any person who uses a false or fictitious name or gives a false or fictitious address in any application for a driver's
license or escort vehicle driver certificate, or any renewal or duplicate thereof, or knowingly makes a false statement
or conceals a material fact or otherwise commits a fraud during the driver's license examination, including for a
commercial driver's license or commercial driver's instruction learner's permit, or in his application is guilty of a
Class 2 misdemeanor. However, where the license is used, or the fact concealed, or fraud is done, with the intent to
purchase a firearm or use as proof of residency under § 9.1-903, a violation of this section shall be punishable as a
Class 4 felony.
§ 46.2-649.3. Registration of covered farm vehicles.
A. For the purposes of this section, a covered farm vehicle shall be registered pursuant to the provisions of § 46.2-
698.
B. As defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R. Part
390.5), a "covered farm vehicle" means a straight truck or articulated vehicle that is:
1. a. Registered in Virginia pursuant to the provisions of § 46.2-698; or
b. Registered in another state with a license plate or other designation issued by the state of registration that allows
law enforcement to identify it as a farm vehicle;
2. Operated by the owner or operator of a farm or ranch or by an employee or family member of an owner or
operator of a farm or ranch;
3. Used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch;
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4. Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the
operation of a vehicle meeting the requirements of subdivisions 1, 2, and 3 by a tenant pursuant to a crop share
farm lease agreement to transport the landlord's portion of the crops under that agreement; and
5. Not used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 U.S.C.
§ 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49
C.F.R., subtitle B, chapter I, subchapter C.
C. A straight truck or articulated vehicle meeting the requirements of subsection B and having (i) a gross vehicle
weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions
provided in § 46.2-649.4 without mileage limitations or (ii) a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of more than 26,001 pounds may utilize the exemptions defined in § 46.2-649.4 anywhere in
the Commonwealth or across state lines within 150 air miles (176.2 miles) of the farm or ranch with respect to
which the vehicle is being operated.
D. For the purposes of this section, "agricultural commodities" means any horticultural plants and crops, cultivated
plants and crops, poultry, dairy, and farm products, livestock and livestock products, and products derived from
bees and beekeeping, primarily for sale, consumption, propagation, or other use by man or animals.
§ 46.2-649.4. Covered farm vehicles; exemptions.
A covered farm vehicle as defined in § 46.2-649.3, including the operator of that vehicle, is exempt from the
following:
1. Any requirement relating to commercial driver's licenses in Federal Motor Carrier Safety Regulations 49 C.F.R.
Part 383;
2. Any requirement relating to controlled substances and alcohol use and testing in Federal Motor Carrier Safety
Regulations 49 C.F.R. Part 382;
3. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 391, Subpart E, Physical
Qualifications and Examinations;
4. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 395, Hours of Service of Drivers;
and
5. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 396, Inspection, Repair, and
Maintenance.
§ 46.2-2011.29. Surrender of identification marker, license plate, and registration card; removal by law enforcement;
operation of vehicle denied.
A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, 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, identification markers, and registration cards issued under
this title.
B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is
not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the
Department on demand license plates, identification markers, and registration cards issued under this title.
C. If any law enforcement law-enforcement officer finds that a motor carrier vehicle bearing Virginia license plates
or temporary transport plates is being operated in violation of subsection A of this section or B, such law
enforcement law-enforcement officer shall may remove the license plate, identification marker, and registration card
35
and. If a law-enforcement officer removes a license plate, identification marker, or registration card, he shall
forward the same to the Department.
C. D. When informed that a vehicle is being operated in violation of this section, the driver shall drive the vehicle to
a nearby location off the public highways and not remove it or allow it to be moved until the motor carrier is in
compliance with all provisions of this chapter.
§ 46.2-2139. Surrender of identification marker, license plate, and registration card; removal by law enforcement;
operation of vehicle denied.
A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, 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, identification markers, and registration cards issued under
this title.
B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is
not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the
Department on demand license plates, identification markers, and registration cards issued under this title.
C. If any law enforcement law-enforcement officer finds that a motor carrier vehicle bearing Virginia license plates
or temporary transport plates is being operated in violation of subsection A of this section or B, such law
enforcement law-enforcement officer shall may remove the license plate or plates, identification marker, and
registration card and. If a law-enforcement officer removes a license plate, identification marker, or registration
card, he shall forward such license plate, identification marker, and registration card to the Department.
C. D. When informed that a motor carrier vehicle is being operated in violation of this section, the driver shall drive
the vehicle to a nearby location off the public highways and not remove it or allow it to be moved until the motor
carrier is in compliance with all provisions of this chapter.
§ 46.2-2900. Definitions.
As used in this chapter, the following words and terms shall have the following meaning unless the context clearly
indicates otherwise:
"Certified escort vehicle driver" means a person, 21 18 years of age or older, who holds a valid driver's license and a
valid escort vehicle driver certificate issued (i) by the Commonwealth or (ii) by a state whose escort vehicle driver
certification program has been determined to be substantially similar to the Commonwealth's and to which the
Commonwealth has extended reciprocity.
"Escort vehicle driver certificate" means a credential issued under the laws of the Commonwealth or other state
authorizing the holder to escort a permitted vehicle or vehicles.
"Permitted vehicle or vehicles" means any vehicle being operated under the provisions of a valid highway hauling
permit issued pursuant to § 46.2-1139 that requires that the permitted vehicle or vehicles be accompanied by a
certified escort vehicle driver or drivers.
§ 46.2-2906. Application for escort vehicle driver certificate; driving record; proof of completion of escort vehicle
driver training; fee.
A. Every application for an escort vehicle driver certificate shall be made on a form prescribed by the Department,
and the applicant shall write his usual signature in ink in the space provided on the form. A person who applies for
an escort vehicle driver certificate must meet the following requirements:
1. Be at least 21 18 years of age;
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2. Hold a valid Virginia driver's license or a valid driver's license for another state;
3. Authorize the Department to review his driving record;
4. Present satisfactory proof of successful completion of an eight-hour escort vehicle driver certification training
course, as required by § 46.2-2904;
5. Pass the escort vehicle driver certification knowledge test as required by § 46.2-2905 with a score of 80 percent or
higher; and
6. Pay the appropriate fee for certificate issuance.
B. Every application shall state the applicant's full legal name; year, month, and date of birth; social security
number; sex; and residence address. The applicant shall also answer any questions on the application form, or
otherwise propounded, and provide any other information as required by the Department incidental to the
application.
C. The Commissioner shall require that each application include a certification statement, to be signed by the
applicant under penalty of perjury, certifying that the information presented on the application is true and correct. If
the applicant fails or refuses to sign the certification statement, the Department shall not issue the applicant an escort
vehicle driver certificate.
Any applicant who knowingly makes a false certification or supplies false or fictitious evidence shall be punished as
provided in § 46.2-348.
§ 46.2-2907. Nonresident; extensions of reciprocal privileges.
A nonresident age 21 18 years or older who has been duly licensed as a driver under a law regulating the licensure
of drivers in his home state and who has in his immediate possession a valid driver's license and a valid escort
vehicle driver certificate issued to him in his home state, where such state's escort vehicle driver certification
program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth
has extended reciprocity, shall be permitted without a Virginia license or a Virginia escort vehicle driver certificate
to escort a permitted vehicle or vehicles on the highways of the Commonwealth. Such nonresident shall be exempt
from the escort vehicle driver certification eligibility, training, and testing requirements of this chapter.
If such nonresident desires to also hold a Virginia escort vehicle driver certificate, in addition to the valid certificate
issued to him by his home state, he must then meet all of the Virginia escort vehicle driver certification eligibility,
training, and testing requirements of this chapter.
§ 52-8.4. Powers and duties to promulgate regulations; inspection of certain records.
A. The Superintendent of State Police, with the cooperation of such other agencies of the Commonwealth as may be
necessary, shall promulgate regulations pertaining to commercial motor vehicle safety pursuant to the United States
Motor Carrier Act of 1984. These regulations shall set forth criteria relating to driver, vehicle, and cargo safety
inspections with which motor carriers and transport vehicles shall comply, and shall be no more restrictive than the
applicable provisions of the Federal Motor Carrier Safety Regulations of the United States Department of
Transportation. These regulations shall not apply to hours worked by any carrier when transporting passengers or
property to or from any portion of the Commonwealth for the purpose of (i) providing relief or assistance in case of
earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamity or disaster or (ii) engaging in the
provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled.
The suspension of the regulation provided for in this subsection shall expire if the Secretary of the United States
Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety
Regulations.
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B. For the purposes of this section:
"Commercial motor vehicle" means any self-propelled or towed vehicle used on the highways in commerce to
transport passengers or property if such vehicle (i) has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 10,000 pounds when
operated interstate or more than 26,000 pounds when operated intrastate, (ii) is designed or used to transport more
than 15 passengers, including the driver, regardless of weight, or (iii) is used to transport hazardous materials in a
quantity requiring placards by regulations issued under authority of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of
Title 10.1.
"Motor carrier" means a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of
property or passengers by motor vehicle. This term also encompasses any agent, officer, representative, or employee
who is responsible for the hiring, supervision, training, assignment, or dispatching of drivers.
"Transport vehicle" means any vehicle owned or leased by a motor carrier used in the transportation of goods or
persons.
"Safety inspection" means the detailed examination of a vehicle for compliance with safety regulations promulgated
under this section and includes a determination of the qualifications of the driver and his hours of service.
C. Except for those offenses listed in § 52-8.4:2, any violation of the provisions of the regulations adopted pursuant
to this section shall constitute a traffic infraction punishable by a fine of not more than $1,000 for the first offense or
by a fine of not more than $5,000 for a subsequent offense. Each day of violation shall constitute a separate offense;
however, any violation of any out-of-service order issued under authority of such regulations or under authority of
the Federal Motor Carrier Safety regulations shall be punished as provided in § 46.2-341.21 and the disqualification
provisions of § 46.2-341.21 also shall apply to any driver so convicted.
D. The Department of State Police, together with all other law-enforcement officers certified to perform vehicle
safety inspections as defined by § 46.2-1001 who have satisfactorily completed 40 hours of on-the-job training and a
course of instruction as prescribed by the U.S. Department of Transportation, Federal Motor Carrier Safety
Administration, in federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria,
shall enforce the regulations and other requirements promulgated pursuant to this section. Those law-enforcement
officers certified to enforce the regulations and other requirements promulgated pursuant to this section shall
annually receive in-service training in current federal motor carrier safety regulations, safety inspection procedures,
and out-of-service criteria.
E. Any records required to be maintained by motor carriers pursuant to regulations promulgated by the
Superintendent under the authority of subsection A of this section shall be open to inspection during a carrier's
normal business hours by specially trained members of the Department of State Police specifically designated by the
Superintendent. Members of the Department of State Police designated for that purpose by the Superintendent shall
also be authorized, with the consent of the owner, operator, or agent in charge or with an appropriate warrant
obtained under the procedure prescribed in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2, to go upon the property of
motor carriers to verify the accuracy of maintenance records by an inspection of the vehicles to which those records
relate.
Any person holding a valid commercial driver's license shall be exempt from the hours of service of drivers
provisions as defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R.
Part 395) while operating a commercial motor vehicle during planting and harvest periods to transport:
1. Agricultural commodities from the source of the agricultural commodities to a location within 150 air miles
(176.2 miles) from the source;
38
2. Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a
farm or other location where the farm supplies are intended to be used within a 150-air-mile radius (176.2 miles)
from the distribution point; or
3. Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail
distribution point of the farm supplies within a 150-air-mile radius (176.2 miles) from the wholesale distribution
point.
39
CHAPTER 259
An Act to amend and reenact § 46.2-625 of the Code of Virginia and to amend the Code of Virginia by adding a
section numbered 46.2-602.4, relating to titling and registration of non-conventional vehicles; penalty.
[S 1003]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-625 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding a section numbered 46.2-602.4 as follows:
§ 46.2-602.4. Titling and registration of off-road motorcycle converted to on-road use.
A. For the purpose of this section:
"Converter" means a person who, through the act of conversion, alters an off-road motorcycle for on-road use on
the highways by the addition, substitution, or removal of motor vehicle equipment, creating a motor vehicle to which
Federal Motor Vehicle Safety Standards for new motorcycles will become applicable at the time of the conversion. A
converter shall be considered a manufacturer responsible under 49 U.S.C. § 30112 for compliance of the
motorcycle with Federal Motor Vehicle Safety Standards and the certification of compliance required by those
standards.
"Federal Motor Vehicle Safety Standards" means the standards prescribed by 49 C.F.R. Part 571.
"Manufacturer" means a person manufacturing or assembling motor vehicles or motor vehicle equipment.
"Motor vehicle equipment" means (i) any system, part, or component of a motor vehicle as originally manufactured
or (ii) any similar part or component manufactured or sold for replacement or improvement of a system, part, or
component, or as an accessory or addition to a motor vehicle.
"Off-road motorcycle converted to on-road use" means every off-road motorcycle that has been converted for use on
the public highways with the addition of such necessary equipment to meet all applicable Federal Motor Vehicle
Safety Standards for new motorcycles for the year in which it is converted.
B. Each converter shall certify in accordance with the requirements of subsection E that the off-road motorcycle
converted to on-road use meets all applicable Federal Motor Vehicle Safety Standards for new motorcycles for the
year in which it is converted. If the converter is unavailable or unknown, the owner shall certify that the converter is
unavailable or unknown and that he assumes responsibility for all duties and corresponding liabilities under the
Federal Motor Vehicle Safety Act. If a converter or owner fails or refuses to provide the required certification, the
vehicle shall remain an off-road motorcycle.
C. Each converter, or owner if the converter is unavailable or unknown, shall permanently affix to each vehicle a
label containing the following: (i) the name of manufacturer, (ii) the month and year of manufacture, (iii) the gross
vehicle weight rating, (iv) the gross axle weight rating, (v) certification that the vehicle conforms to all applicable
Federal Motor Vehicle Safety Standards in effect on the date of manufacture in the year in which it is converted, (vi)
the vehicle identification number, and (vii) the motorcycle vehicle classification. Such label shall meet the
requirements set forth in 49 C.F.R. § 567.4.
Titling and registration requirements; off-road motorcycles converted to on-road use; penalty. Establishes
titling and registration requirements for off-road motorcycles converted to on-road use and includes off-road
motorcycles converted to on-road use in existing titling requirements for nonconventional vehicles. The bill
requires individuals who convert off-road motorcycles to on-road use to certify that the vehicle (i) passed
Virginia safety inspections, (ii) meets all federal safety standards, and (iii) is properly labeled. The bill makes
falsifying the required certification a Class 1 misdemeanor.
40
D. Upon receipt of an application and such evidence of ownership as required by the Commissioner pursuant to §
46.2-625, the Department shall issue a certificate of title for an off-road motorcycle converted to on-road use. The
first certificate of title issued for an off-road motorcycle converted to on-road use shall be an original certificate of
title, regardless of the submission of a Virginia certificate of title issued for the off-road motorcycle prior to
conversion.
E. No off-road motorcycle converted to on-road use shall be registered or operated on the highways of the
Commonwealth until the owner submits to the Department, upon a form approved and furnished by the Department,
(i) certification that the motor vehicle has passed the motor vehicle safety inspection subsequent to the conversion;
(ii) certification from the converter, or owner if the converter is unavailable or unknown, that the motor vehicle
meets all applicable Federal Motor Vehicle Safety Standards; and (iii) certification that the motor vehicle has been
labeled in accordance with subsection C.
F. When necessary and upon application, the Department shall issue temporary trip permits in accordance with §
46.2-651 for the purpose of transporting the off-road motorcycle converted to on-road use to and from an official
motor vehicle safety inspection station.
G. Notwithstanding §§ 46.2-105 and 46.2-605, any certification required by this section found to be knowingly given
falsely is punishable as a Class 1 misdemeanor.
§ 46.2-625. Specially constructed, reconstructed, replica, converted electric, or foreign vehicles.
If a vehicle for which the registration or a certificate of title is applied is (i) a specially constructed, reconstructed,
replica, converted electric, or foreign vehicle or (ii) off-road motorcycle converted to on-road use, the fact shall be
stated in the application and, in the case of any foreign vehicle registered outside the Commonwealth, the owner
shall present to the Department the certificate of title and registration card or other evidence of registration as he
may have. The Commissioner may require such other evidence of ownership as he may deem advisable and
promulgate regulations establishing what additional evidence of ownership, if any, shall be required for titling and
registration of (i) specially constructed, reconstructed, replica, converted electric, or foreign vehicles or (ii) off-road
motorcycles converted to on-road use. All titles and registrations for specially constructed, reconstructed, replica,
and converted electric vehicles and off-road motorcycles converted to on-road use shall be branded with the words
"specially constructed," "reconstructed," "replica," or "converted electric," or "off-road motorcycle converted to on-
road use," as appropriate. Titles for vehicles that are both converted electric vehicles and reconstructed vehicles
shall be branded with the words "reconstructed" and "converted electric."
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CHAPTER 341
An Act to amend the Code of Virginia by adding a section numbered 46.2-1028.1, relating to auxiliary lights on
public utility vehicles. [H 2289]
Approved March 19, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-1028.1 as follows:
§ 46.2-1028.1. Auxiliary lights on public utility vehicles.
Any electrical service utility vehicle owned and operated by a public utility, as defined in § 56-265.1, and having a
gross vehicle weight rating greater than 15,000 pounds may be equipped with clear auxiliary lights that shall be
mounted on the lower portion of the vehicle and aimed downward for the exclusive use of ground lighting. Such
lights shall be of a type approved by the Superintendent and shall not be used in a manner that may blind or
interfere with the vision of the drivers of approaching vehicles. In no event shall such lights be lighted while the
vehicle is in motion.
Auxiliary lights on public utility vehicles. Provides that any electrical service utility vehicle owned and
operated by a public utility and having a gross vehicle weight rating greater than 15,000 pounds may be
equipped with clear auxiliary lights mounted on the lower portion of the vehicle and aimed downward for the
exclusive use of ground lighting
42
CHAPTER 416
An Act to amend and reenact § 46.2-804 of the Code of Virginia, relating to passing with a double yellow line.
[S 781]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-804 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-804. Special regulations applicable on highways laned for traffic.
For the purposes of this section, "traffic lines" includes any temporary traffic control devices used to emulate the
lines and markings in subdivisions 6 and 7.
Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the
following:
1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions
existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available
for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes
are reserved for slow-moving traffic as permitted in this section;
2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that
lane until the driver has ascertained that such movement can be made safely;
3. Except as otherwise provided in subdivision 5 of this section, on a highway which is divided into three lanes, no
vehicle shall be driven in the center lane except when overtaking and passing another vehicle or in preparation for a
left turn or unless such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is
proceeding and is signed or marked to give notice of such allocation. Traffic-control devices may be erected
directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a
particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every
such device;
4. The Commissioner of Highways, or local authorities in their respective jurisdictions, may designate right lanes for
slow-moving vehicles and the Virginia Department of Transportation shall post signs requiring trucks and
combination vehicles to keep to the right on Interstate Highway System components with no more than two travel
lanes in each direction where terrain is likely to slow the speed of such vehicles climbing hills and inclines to a
speed that is less than the posted speed limit;
5. Wherever a highway is marked with double traffic lines consisting of a solid line immediately adjacent to a
broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, but it
shall be lawful to make a left turn except (i) when turning left for the purpose of entering or leaving a public, private,
or commercial road or entrance or (ii) in order to pass a pedestrian or a device moved by human power, including a
bicycle, skateboard, or foot-scooter, provided such movement can be made safely. Where the middle lane of a
highway is marked on both sides with a solid line immediately adjacent to a broken line, such middle lane shall be
considered a left-turn or holding lane and it shall be lawful to drive to the left of such line if the solid line is on the
right of the broken line for the purpose of turning left into any road or entrance, provided that the vehicle may not
travel in such lane further than 150 feet;
Passing with a double yellow line. Allows drivers to cross double yellow lines or a solid yellow line
immediately adjacent to a broken yellow line in order to pass a pedestrian or a device moved by human power, if
such movement can be made safely. The bill also relocates a definition from the end of the section to the
beginning for clarity. This bill incorporated SB 1027 and SB 1228.
43
6. Wherever a highway is marked with double traffic lines consisting of two immediately adjacent solid yellow
lines, no vehicle shall be driven to the left of such lines, except (i) when turning left or (ii) in order to pass a
pedestrian or a device moved by human power, including a bicycle, skateboard, or foot-scooter, provided such
movement can be made safely; and
7. Whenever a highway is marked with double traffic lines consisting of two immediately adjacent solid white lines,
no vehicle shall cross such lines;
8. For the purposes of this section, "traffic lines" shall include any temporary traffic control devices used to emulate
the lines and markings in subdivisions 6 and 7.
44
TRAFFIC SUMMARY ONLY
SB1025 and HB1662 - §§ 46.2-694, 46.2-711, 46.2-749.5, 46.2-753, 46.2-755, 46.2-1400, 46.2-2000, 46.2-2001.3,
46.2-2011.5, 46.2-2011.6, 46.2-2011.20, 46.2-2011.22, 46.2-2011.24, 46.2-2011.29, and 46.2-2051 -
Transportation network companies. Establishes a process for the licensing of transportation network companies
(TNCs) by the Department of Motor Vehicles (DMV), provided that TNCs comply with the requirements for
licensure. The bill requires TNCs to screen drivers (TNC partners), ensure that all drivers are at least 21 years old
and properly licensed to drive, and conduct background checks on all drivers including a national criminal
background check, a driving history report, and status on the state and national sex offender registries.
The bill also requires that TNC partner vehicles be titled and registered personal vehicles; be insured; have a
maximum seating capacity of no more than seven persons, excluding the driver; be registered with DMV for TNC
use; and display TNC and DMV identification markers. The bill further requires that TNC drivers be covered by a
specific liability insurance policy and specifies the nature and limits of the insurance coverage. The bill also imposes
several other operational requirements, including requirements that the TNC provide a credential to the driver and
disclose information about the TNC partner and TNC policies to passengers.
The bill authorizes DMV to conduct periodic reviews of TNCs to confirm compliance and authorizes fees to cover
DMV's costs of administering the program, an initial TNC license fee of $100,000 and an annual license renewal fee
of $60,000. The bill requires DMV to review the fee structure and report by December 1, 2016. This bill is identical
to HB 1662.
HB1522 and SB778Uncodified Act - Hauling motor fuels; times of emergency. Directs certain state agencies to
establish a protocol for a declaration of a state of emergency for resource shortages that adversely affect the delivery
of motor fuels, gasoline, diesel, kerosene, number one and number two heating oils, or liquid propane gas and to
report on such protocol by the first day of the 2016 Session. This bill is identical to SB 778.
HB2072 and SB989 - § 46.2-1148.1 - Overweight permits; forest products. Establishes an overweight permit for
hauling forest products and provides for the weight limits and the fee of $130 for the permit. This bill is identical to
SB 989.
HB1341 and SB1218 - § 46.2-1177 - Motor vehicle emissions inspection program; autocycles. Exempts
autocycles that have not been emissions certified with an on-board diagnostic system by the U.S. Environmental
Protection Agency from the motor vehicle emissions inspection program. This bill is identical to SB 1218.
HB1331 - § 15.2-1610 - Sheriff's office; motor vehicle markings. Clarifies the markings that are to be placed on
motor vehicles used by sheriff's offices.
HB1603 - § 46.2-345 - Special identification cards. Allows special identification cards issued by DMV to indicate,
when requested by the applicant, his parent if the applicant is a minor, or his guardian, that the applicant (i) is an
insulin-dependent diabetic, (ii) is hearing or speech impaired, or (iii) has an intellectual disability, as defined in §
37.2-100, or autism spectrum disorder, as defined in § 38.2-3418.17. Current law allows only the applicant to
request a special identification card.
HB1748 - § 46.2-380 - Accident reports maintained by DMV. Grants next of kin of any person injured or killed in
an accident, except for minors, access to reports of the accident maintained by DMV. Access to reports of accidents
involving a minor is only available to the minor's parent or guardian.
HB1593 - § 15.2-968.01 - Parking in residential areas; public right-of-way. Provides that localities may by
ordinance permit the parking of vehicles within residential areas in a public right-of-way that constitutes a part of
the state highway system so long as the vehicle does not obstruct the right-of-way.
45
HB1544 - § 46.2-1028.1 - Vehicle illuminated identification systems. Allows emergency vehicles to be equipped
with illuminated identification systems that assist aircraft in reading numbers and other identifying markings on the
roofs of the emergency vehicles.
HB1531 and SB803 - § 46.2-873 - Speed limits in school zones. Allows counties in Planning District 8 to increase
or decrease the speed limits in school zones; current law allows cities and towns to do so. This bill is identical to SB
803.
HB1639 - §§ 18.2-271.1 and 46.2-391.01 - DUI; persons convicted under laws of other states or federal law;
restricted license; ignition interlock. Provides that a person convicted in a federal court of an offense substantially
similar to Virginia's DUI law may petition the general district court that he be assigned to a certified alcohol safety
program and issued a restricted driver's license. Currently, only persons convicted in other states of substantially
similar DUI offenses may so petition. The bill also requires that, as a condition of a restricted license, a person who
has been convicted of a substantially similar DUI offense under the laws of another state or the United States be
prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. This bill contains
an emergency clause. This bill incorporates HB 2260.
46
CRIMINAL FULL TEXT
CHAPTER 7
An Act to amend and reenact § 18.2-250.1 of the Code of Virginia and to amend the Code of Virginia by adding a
section numbered 54.1-3408.3, relating to possession or distribution of marijuana for medical purposes; epilepsy.
[H 1445]
Approved February 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-250.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding a section numbered 54.1-3408.3 as follows:
§ 18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his
professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle
upon or in which marijuana was found shall not create a presumption that such person either knowingly or
intentionally possessed such marijuana.
Any person who violates this section shall be is guilty of a misdemeanor, and shall be confined in jail not more than
thirty 30 days and a fine of fined not more than $500, either or both; any person, upon a second or subsequent
conviction of a violation of this section, shall be is guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city, or town law-enforcement
agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the
detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. In any prosecution under this section involving marijuana in the form of cannabidiol oil or THC-A oil as those
terms are defined in § 54.1-3408.3, it shall be an affirmative defense that the individual possessed such oil pursuant
to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 54.1-
3408.3 for treatment or to alleviate the symptoms of (i) the individual's intractable epilepsy or (ii) if such individual
is the parent or legal guardian of a minor, such minor's intractable epilepsy. If the individual files the valid written
certification with the court at least 10 days prior to trial and causes a copy of such written certification to be
delivered to the attorney for the Commonwealth, such written certification shall be prima facie evidence that such
oil was possessed pursuant to a valid written certification.
§ 54.1-3408.3. Certification for use of cannabidiol oil or THC-A oil to treat intractable epilepsy.
A. As used in this section:
Possession or distribution of marijuana for medical purposes; epilepsy. Provides an affirmative defense in a
prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil
possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by
the Board of Medicine for purposes of treating or alleviating a patient's symptoms of intractable epilepsy. The
bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances
outlined in the bill. The bill contains an emergency clause. This bill is identical to SB 1235.
47
"Cannabidiol oil" means a processed Cannabis plant extract that contains at least 15 percent cannabidiol but no
more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least
50 milligrams of cannabidiol per milliliter but not more than five percent tetrahydrocannabinol.
"THC-A oil" means a processed Cannabis plant extract that contains at least 15 percent tetrahydrocannabinol acid
but not more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at
least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than five percent tetrahydrocannabinol.
B. A practitioner of medicine or osteopathy licensed by the Board of Medicine in the course of his professional
practice may issue a written certification for the use of cannabidiol oil or THC-A oil for treatment or to alleviate the
symptoms of a patient's intractable epilepsy.
C. The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme
Court developed in consultation with the Board of Medicine. Such written certification shall contain the name,
address, and telephone number of the practitioner, the name and address of the patient issued the written
certification, the date on which the written certification was made, and the signature of the practitioner. Such
written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the
practitioner provides in such written certification an earlier expiration.
D. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for dispensing or distributing cannabidiol oil
or THC-A oil for the treatment or to alleviate the symptoms of a patient's intractable epilepsy pursuant to a written
certification issued pursuant to subsection B. Nothing in this section shall preclude the Board of Medicine from
sanctioning a practitioner for failing to properly evaluate or treat a patient's medical condition or otherwise
violating the applicable standard of care for evaluating or treating medical conditions.
2. That an emergency exists and this act is in force from its passage.
48
CHAPTER 43
An Act to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to warrant requirement for certain
telecommunications records; prohibition on collection by law enforcement.
[H 1408]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-70.3 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing service, which, for purposes of
subdivisions 2 through 4, includes a foreign corporation that provides such services, shall disclose a record or other
information pertaining to a subscriber to or customer of such service, excluding the contents of electronic
communications and real-time location data, to an investigative or law-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of the Commonwealth;
2. A search warrant issued by a magistrate, general district court, or circuit court;
3. A court order for such disclosure issued as provided in subsection B; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer
shows that there is reason to believe the records or other information sought are relevant and material to an ongoing
criminal investigation, or the investigation of any missing child as defined in § 52-32, missing senior adult as
defined in § 52-34.4, or an incapacitated person as defined in § 64.2-2000 who meets the definition of a missing
senior adult except for the age requirement. Upon issuance of an order for disclosure under this section, the order
and any written application or statement of facts may be sealed by the court for 90 days for good cause shown upon
application of the attorney for the Commonwealth in an ex parte proceeding. The order and any written application
or statement of facts may be sealed for additional 90-day periods for good cause shown upon subsequent application
of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order pursuant to this section,
on a motion made promptly by the service provider, may quash or modify the order, if the information or records
requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue
burden on such provider.
C. Except as provided in subsection D, a provider of electronic communication service or remote computing service,
including a foreign corporation that provides such services, shall disclose the contents of electronic communications
or real-time location data to an investigative or law-enforcement officer only pursuant to a search warrant issued by
a magistrate, a juvenile and domestic relations district court, a general district court, or a circuit court, based upon
complaint on oath supported by an affidavit as required in § 19.2-54, or judicial officer or court of any of the several
states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or
such court complies with the provisions of subsection G. In the case of a search warrant directed to a foreign
corporation, the affidavit shall state that the complainant believes that the records requested are actually or
Warrant requirement for certain telecommunications records; prohibition on collection by law
enforcement. Provides that if an investigative or law-enforcement officer would be required to obtain a search
warrant in order to obtain the contents of electronic communications or real-time location data from a provider of
electronic communication service or remote computing service, the officer shall not use any device to intercept
such communications or collect such real-time location data without first obtaining a search warrant authorizing
the use of the device. This bill incorporates HB 1348.
49
constructively possessed by a foreign corporation that provides electronic communication service or remote
computing service within the Commonwealth of Virginia. If satisfied that probable cause has been established for
such belief and as required by Chapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domestic relations
district court, the general district court, or the circuit court shall issue a warrant identifying those records to be
searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign
corporation.
D. A provider of electronic communication service or remote computing service, including a foreign corporation
that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of
such service, including real-time location data but excluding the contents of electronic communications, to an
investigative or law-enforcement officer pursuant to an administrative subpoena issued pursuant to § 19.2-10.2
concerning a violation of § 18.2-374.1 or 18.2-374.1:1, former § 18.2-374.1:2, or § 18.2-374.3 when the information
sought is relevant and material to an ongoing criminal investigation.
E. When disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement
officer may obtain real-time location data without a warrant in the following circumstances:
1. To respond to the user's call for emergency services;
2. With the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is
in his possession; (ii) the owner or user knows or believes that the device is in the possession of an employee or
agent of the owner or user with the owner's or user's consent; or (iii) the owner or user knows or believes that the
device has been taken by a third party without the consent of the owner or user;
3. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably
available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be
contacted; or
4. If the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate
danger to a person requires the disclosure, without delay, of real-time location data concerning a specific person and
that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the real-time location
data believes, in good faith, that an emergency involving danger to a person requires disclosure without delay.
No later than three business days after seeking disclosure of real-time location data pursuant to this subsection, the
investigative or law-enforcement officer seeking the information shall file with the appropriate court a written
statement setting forth the facts giving rise to the emergency and the facts as to why the person whose real-time
location data was sought is believed to be important in addressing the emergency.
F. In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation shall be
deemed to have been made in the same place wherein the search warrant was issued.
G. A Virginia corporation or other entity that provides electronic communication services or remote computing
services to the general public, when properly served with a search warrant and affidavit in support of the warrant,
issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of
Columbia with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or
customer of such service, including real-time location data, or the contents of electronic communications, or both,
shall produce the record or other information, including real-time location data, or the contents of electronic
communications as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only
apply to a record or other information, including real-time location data, or contents of electronic communications
relating to the commission of a criminal offense that is substantially similar to (i) a violent felony as defined in §
17.1-805, (ii) an act of violence as defined in § 19.2-297.1, (iii) any offense for which registration is required
pursuant to § 9.1-902, (iv) computer fraud pursuant to § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3.
The search warrant shall be enforced and executed in the Commonwealth as if it were a search warrant described in
subsection C.
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H. The provider of electronic communication service or remote computing service may verify the authenticity of the
written reports or records that it discloses pursuant to this section, excluding the contents of electronic
communications, by providing an affidavit from the custodian of those written reports or records or from a person to
whom said custodian reports certifying that they are true and complete and that they are prepared in the regular
course of business. When so authenticated, the written reports and records are admissible in evidence as a business
records exception to the hearsay rule.
I. No cause of action shall lie in any court against a provider of a wire or electronic communication service or
remote computing service or such provider's officers, employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with the terms of a court order, warrant, administrative subpoena,
or subpoena under this section or the provisions of subsection E.
J. A search warrant or administrative subpoena for the disclosure of real-time location data pursuant to this section
shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed
30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each.
K. An investigative or law-enforcement officer shall not use any device to obtain electronic communications or
collect real-time location data from an electronic device without first obtaining a search warrant authorizing the
use of the device if, in order to obtain the contents of such electronic communications or such real-time location
data from the provider of electronic communication service or remote computing service, such officer would be
required to obtain a search warrant pursuant to this section. However, an investigative or law-enforcement officer
may use such a device without first obtaining a search warrant under the circumstances set forth in subsection E.
For purposes of subdivision E 4, the investigative or law-enforcement officer using such a device shall be
considered to be the possessor of the real-time location data.
L. For the purposes of this section:
"Electronic device" means a device that enables access to, or use of, an electronic communication service, remote
computing service, or location information service, including a global positioning service or other mapping,
locational, or directional information service.
"Foreign corporation" means any corporation or other entity, whose primary place of business is located outside of
the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a
resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a
corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the
Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of
authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or
subpoena, which has been properly served on it, has the same legal force and effect as if served personally within
the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand, by United States mail, by commercial
delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the
Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has
designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.
"Real-time location data" means any data or information concerning the current location of an electronic device that,
in whole or in part, is generated, derived from, or obtained by the operation of the device.
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CHAPTER 196
An Act to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; location of offense.
[H 1611]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-57 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-57. Assault and battery; penalty.
A. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the
person intentionally selects the person against whom a simple assault is committed because of his race, religious
conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six
months, 30 days of which shall be a mandatory minimum term of confinement.
B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily
injury is committed because of his race, religious conviction, color or national origin, the person is guilty of a Class
6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of
which shall be a mandatory minimum term of confinement.
C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason
to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection F, a
correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of
inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility
directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly
involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the
Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually
violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a
firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member
who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide
volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has
been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical
services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth,
such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a
mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section
from asserting and presenting evidence in support of any defenses to the charge that may be available under
common law.
D. In addition, if any person commits a battery against another knowing or having reason to know that such other
person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged
in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon
conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of
confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school
Assault and battery against certain persons. Amends provision making it a Class 6 felony to commit an
assault or an assault and battery against judges, magistrates, law-enforcement officers, correctional officers,
firefighters, emergency medical services personnel, and persons directly involved in the care, treatment, or
supervision of certain inmates, juvenile offenders, and sexually violent predators when they are engaged in the
performance of their public duties to state that the crime occurs regardless of where in the Commonwealth the
public duties are performed. The bill provides that its provisions are declarative of existing law.
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property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six
months.
E. In addition, any person who commits a battery against another knowing or having reason to know that such
individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties as an
emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility
rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon
conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum
term of confinement.
F. As used in this section:
"Judge" means any justice or judge of a court of record of the Commonwealth including a judge designated under §
17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of
the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a
district court of the Commonwealth or any substitute judge of such district court.
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that
is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the
prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth,
any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115,
any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant
to § 29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles
appointed pursuant to § 46.2-217, and such officer also includes jail officers in local and regional correctional
facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities,
auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs
appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to §
5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in
§§ 27-34.2 and 27-34.2:1.
"School security officer" means an individual who is employed by the local school board for the purpose of
maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining
persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity
and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the
assigned school.
G. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any school security
officer or full-time or part-time employee of any public or private elementary or secondary school while acting in
the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical
contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a
disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage
to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv)
reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to
obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that
are upon the person of the student or within his control.
In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be
given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any
public or private elementary or secondary school at the time of the event.
2. That the provisions of this act are declarative of existing law.
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CHAPTER 273
An Act to amend and reenact § 58.1-1017.1 of the Code of Virginia and to amend the Code of Virginia by adding in
Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3, relating to cigarettes; contraband; fraudulent
purchase; penalties. [H 1807]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-1017.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3 as follows:
§ 58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalties.
Any person who possesses, with intent to distribute, more than 5,000 (25 cartons) but fewer than 100,000 (500
cartons) 40,000 (200 cartons) tax-paid cigarettes is guilty of a Class 1 misdemeanor for a first offense and is guilty
of a Class 6 felony for any second or subsequent offense. Any person who possesses, with intent to distribute,
100,000 (500 cartons) 40,000 (200 cartons) or more tax-paid cigarettes is guilty of a Class 6 felony for a first
offense and is guilty of a Class 5 felony for a second or subsequent offense. Additionally, any person who violates
the provisions of this section shall be assessed a civil penalty of (i) $2.50 per pack, but no less than $5,000, for a first
offense; (ii) $5 per pack, but no less than $10,000, for a second such offense committed within a 36-month period;
and (iii) $10 per pack, but no less than $50,000, for a third or subsequent such offense committed within a 36-month
period. The civil penalties shall be assessed and collected by the Department as other taxes are collected.
The provisions of this section shall not apply to an authorized holder.
§ 58.1-1017.3. Fraudulent purchase of cigarettes; penalties.
Any person who purchases 5,000 (25 cartons) cigarettes or fewer using a forged business license, a business license
obtained under false pretenses, a forged or invalid Virginia sales and use tax exemption certificate, or a Virginia
sales and use tax exemption certificate obtained under false pretenses is guilty of a Class 1 misdemeanor for a first
offense and a Class 6 felony for a second or subsequent offense. Any person who purchases more than 5,000 (25
cartons) cigarettes using a forged business license, a business license obtained under false pretenses, a forged or
invalid Virginia sales and use tax exemption certificate, or a Virginia sales and use tax exemption certificate
obtained under false pretenses is guilty of a Class 6 felony for a first offense and a Class 5 felony for a second or
subsequent offense. Additionally, any person who violates the provisions of this section shall be assessed a civil
penalty of (i) $2.50 per pack, but no less than $5,000, for a first offense; (ii) $5 per pack, but no less than $10,000,
for a second such offense committed within a 36-month period; and (iii) $10 per pack, but no less than $50,000, for
a third or subsequent such offense committed within a 36-month period. The civil penalties shall be assessed and
collected by the Department as other taxes are collected.
The provisions of this section shall not preclude prosecution under any other statute.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
Cigarettes; possession with intent to distribute contraband; fraudulent purchase; penalties. Lowers the
felony threshold for possession with intent to distribute tax-paid cigarettes from 500 cartons to 200 cartons and
creates a criminal offense and civil penalties for purchasing cigarettes using a forged business license, a forged
or invalid Virginia sales and use tax exemption certificate, or a business license or sales and use tax exemption
certificate obtained under false pretenses. This bill is a recommendation of the Virginia State Crime Commission
and is identical to SB 1231.
54
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
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CHAPTER 303
An Act to amend and reenact §§ 54.1-3450 and 54.1-3452 of the Code of Virginia, relating to scheduling of certain
controlled substances. [H 1839]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3450 and 54.1-3452 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-3450. Schedule III.
The controlled substances listed in this section are included in Schedule III:
1. Unless specifically exempted or listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a depressant effect on the central nervous system:
Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric
acid, except those substances which are specifically listed in other schedules;
Any compound, mixture or preparation containing amobarbital, secobarbital, or pentobarbital or any salt of
amobarbital, secobarbital, or pentobarbital and one or more other active medicinal ingredients which are not listed in
Schedules II through V;
Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any salt of amobarbital,
secobarbital, or pentobarbital and approved by the Food and Drug Administration for marketing only as a
suppository;
Chlorhexadol;
Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for
which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355);
Embutramide;
Ketamine, its salts, isomers, and salts of isomers (some other names: [+-] -2-[2-chlorophenyl]-2-[methylamino]-
cyclohexanone);
Lysergic acid;
Lysergic acid amide;
Methyprylon;
Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benxonitrile], including its salts, isomers,
and salts of isomers;
Sulfondiethylmethane;
Scheduling of certain controlled substances. Removes hydrocodone combination products from Schedule III
and classifies alfaxalone, suvorexant, and tramadol as Schedule IV controlled substances.
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Sulfonethylmethane;
Sulfonmethane; and
Tiletamine-zolazepam combination product or any salt thereof.
2. Nalorphine.
3. Unless specifically excepted or unless listed in another schedule:
a. Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts
thereof:
Buprenorphine.
b. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic
drugs, or any salts thereof:
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
Not more than