Chap. 384.—An ACT to regulate the operation in certain respects of certain auto-
motive vehicles under certain circumstances with a view to promotion of the
greater safety of life, limb and property: and to such end, to provide for the
administration and enforcement of the provisions thereof; to confer certain
powers and to impose certain duties upon certain public officials and agencies ;
to provide for the suspension and revocation of licenses, registrations and
license plates under certain circumstances; to provide for the making of rules
and regulations by certain public officials and agencies within the guiding
principles prescribed thereby in connection with the administration and en-
forcement thereof; to provide for furnishing of certain security under certain
circumstances on the part of persons involved in automotive vehicle accidents ;
to provide for furnishing proof of financial responsibility as to the future under
certain circumstances on the part of persons involved in automotive vehicle
accidents; to prescribe the terms and conditions upon which requisite security
or proof may be supplied by bond, deposit or insurance policies ; to provide
for assignment of risks amongst insurance carriers under certain circumstances ;
to prescribe certain penalties; to repeal expressly certain specified act or acts:
to repeal generally all inconsistent acts or parts of acts; to make certain ap-
propriations ; and to prescribe certain effective date or dates. {H 80)

Approved March 31, 1944

Be it enacted by the General Assembly of Virginia :

1. Section 1. The short title of this act is “Virginia Motor Vehicle
Safety Responsibility Act”.

Section 2. Unless a different meaning is clearly required by the con-
text (1) “Commissioner” means the Commissioner of the Division of
Motor Vehicles; (2) “Division” means the Division of Motor Vehicles,
acting directly or through its duly authorized officers and agents;
(3) “person” includes individuals, firms, partnerships, associations, cor-
porations, municipal corporations, receivers, referees, trustees, assignees
for the benefit of creditors, executors, administrators, and the owner of
any motor vehicle as requisite, but not the Commonwealth; (4) “op-
erator’ means every person other than a chauffeur who is in actual
physical control of a motor vehicle; (5) “chauffeur” means every person
who is employed for the principal purpose of operating a motor vehicle
and every person who drives a motor vehicle while in use as a public
or common carrier of persons or property; (6) “owner” means a person
who holds the legal title of a vehicle or in the event a vehicle is the sub-
ject of an agreement for its conditional sale or lease with the right of
purchase upon performance of the conditions stated in the agreement and
with an immediate right of possession vested in the conditional vendee
or lessee or in the event a mortgagor of a vehicle is entitled to possession
the conditional vendee or lessee or the mortgagor is to be deemed the
owner, except that in all such instances when the rent paid by the lessee
includes charges for services of any nature or when the lease does not
provide that title shall pass to the lessee upon payment of the rent stipu-
lated the lessor is to be deemed the owner and the vehicle shall be subject
to such requirements of this act as are applicable to vehicles operated for
compensation.

Section J. Unless a different meaning is clearly required by the
context (1) “conviction” means conviction upon a plea of guilty or the
determination of guilt by a jury or by a court though no sentence has
been imposed or if imposed has been suspended and it includes a for-
feiture of bail or collateral deposited to secure appearance in court of
the defendant unless the forfeiture has been vacated, in any case of a
charge conviction upon which requires or authorizes the Commissioner
to suspend or revoke the license of the defendant; (2) “insured” means
the person in whose name there is issued a motor vehicle liability policy,
as defined in this act, and any other person insured under its terms;
(3) ‘judgment’? means any judgment, except a judgment rendered
against this Commonwealth, which has become final by expiration with-
out appeal in the time within which appeal might be perfected, or by final
affirmance on appeal, rendered by a court of competent jurisdiction of
this State, any other State of the United States, the United States, any
territory, district or possession of the United States and under its ex-
clusive control, the District of Columbia, the Dominion of Canada, New-
foundland, or any province or territorial subdivision of either; (4) ‘“‘non-
resident” means every person who is not a bona fide resident of this
State; (5) “motor vehicle” means every vehicle which is selt-propelled
or designed for self-propulsion and every vehicle drawn by or designed
to be drawn by a motor vehicle and includes every device in, upon or
by which any person or property is or can be transported or drawn upon
a highway, except devices moved by human or animal power, and de-
vices used exclusively upon stationary rails or tracks, and vehicles used
in this State but not required to be licensed by the State.

Section 4. “Motor vehicle liability policy” means an owner’s or an
operator’s policy of liability insurance certified, as provided herein, by
an insurance carrier licensed to do business in this State or by an in-
surance carrier not licensed to do business in this State upon compliance
with the provisions of this act, as proof of financial responsibility, or a
policy issued under the provisions of the assigned risk plan prescribed
by this act and issued by an insurance carrier authorized to transact
business in this State, to or for the benefit of the named insured.

Section 5. This act, except its provisions as to the requirement of
making reports of motor vehicle accidents and as to the filing of proof
of financial responsibility by a common carrier for its drivers and chauf-
feurs, does not apply to any motor vehicle (1) operated under a pernuit
or certificate of convenience and necessity issued by the State Corpora-
tion Commission if public liability and property damage insurance for the
protection of the public is required to be carried upon it, (2) owned by
the Commonwealth.

"Section 6. Every owner’s policy shall: (1) designate by explicit
description or by appropriate reference, all motor vehicles with respect
to which coverage is intended to be granted, (2) insure as insured the
person named and any other person using or responsible for the use of the
motor vehicle or motor vehicles with the permission of the named insured.
(3) insure the insured or either person against loss from any liability 1m-
posed by law for damages, including damages for care and loss of services.
because of bodily injury to or death of any person and injury to or de-
struction of property caused by accident and arising out of the owner-
ship. use or operation of such motor vehicle or motor vehicles within
this State, any other State of the United States, the United States, any
territory, district or possession of the United States and under its ex-
clusive control, the District of Columbia, the Dominion of Canada, New-
foundland, or any province or territorial subdivision of either, subject to
a limit exclusive of interest and costs, with respect to each motor vehicle,
of five thousand dollars because of bodily injury to or death of one per-
son in any one accident and, subject to the limit for one person, to a limit
of ten thousand dollars because of bodily injury to or death of two or
more persons in any one accident, and to a limit of one thousand dollars
because of injury to or destruction of property of others in any one
accident.

Section 7. Every operator’s policy shall insure the person named
therein as insured against loss from the liability imposed upon him by law
for damages, including damages for care and loss of services, because
of bodily injury to or death of any person and injury to or destruction
of property arising out of the use by him of any motor vehicle not owned
by him, within the territorial limits and subject to the limits of liability
set forth with respect to an owner’s policy.

Section 8. Every policy of insurance subject to the provisions of
this act, as requisite, (1) shall contain an agreement that the insurance
is provided in accordance with the coverage defined in this act as re-
spects bodily injury, death, property damage, and destruction and that
it is subject to all the provisions of this act and of the laws of this State
relating to this kind of insurance; (2) may grant any lawful coverage
in excess of or in addition to the coverage herein specified and this ex-
cess or additional coverage shall not be subject to the provisions of this
act but shall be subject to other applicable laws of this State.

Section 9. No policy required under this act shall be issued or de-
livered in this State unless it complies with section forty-two hundred
twenty-seven-b of the Code of Virginia, as it may be amended, with all
other applicable and not inconsistent laws of the State now or hereafter
in force, and with the terms and conditions of this act.

Section 10. Policies issued under the provisions of this act shall
not insure any liability of the employer on account of bodily injury to,
or death of, an employee of the insured for which benefits are payable
under any workmen’s compensation law.

Section 11. Several policies of one or more insurance carriers which
together meet the relevant requirements of this act shall be termed
“motor vehicle liability policy” within the meaning of this act.

Section 12. Every policy shall be subject to the following pro-
visions which need not be contained therein: (1) the liability of any
insurance carrier to the insured, under a policy becomes absolute when
loss or damage covered by the policy occurs, and the satisfaction by the
insured of a judgment for the loss or damage shall not be a condition
precedent to the right or duty of the carrier to make payment on ac-
count of the loss or damage; (2) no policy shall be cancelled or annulled,
as respects any loss or damage, by any agreement between the carrier
and the insured after the insured has become responsible for the loss
or damage, and any attempted cancellation or annulment shall be void;
(3) if the death of the insured occurs after the insured has become
liable, during the policy period, for loss or damage covered by the policy,
the policy shall not be terminated by the death with respect to the liability
and the insurance carrier shall be liable thereunder as though death had
not occurred; (4) upon the recovery of a judgment against any person
for loss or damage, if the person or the decedent he represents was at
the accrual of the cause of action insured against the liability under the
policy, the judgment creditor shall be entitled to have the insurance
money applied to the satisfaction of the judgment; (5) if the death, in-
solvency, or bankruptcy of the insured occurs within the policy period,
the policy during the unexpired portion of the period shall cover the
legal representatives of the insured; (6) no statement made by the in-
sured or on his behalf, and no violation of the terms of the policy, shall
operate to defeat or avoid the policy so as to bar recovery withm the
limits provided in this act.

Section 13. (a) Any policy may provide (1) that the insured,
or any other person covered by the policy, shall reimburse the insurance
carrier for payments made on account of any accident, claim or suit
involving a breach of the terms, provisions or conditions of the policy;
(2) for proration of the insurance with other applicable valid and col-
lectible insurance.

(b) Insurance carriers authorized to issue policies as provided in
this act may, pending the issue of the policy, execute an agreement to be
known as a binder, which shall not be valid beyond thirty days from the
date it becomes effective, or may, in lieu of a policy, issue an endorse-
ment to an existing policy, each of which shall be construed to provide
indemnity or protection in like manner and to the same extent as a formal
policy. The provisions of this act apply to such binders and endorse-
ments,

Section 14. When an insurance carrier has certified a policy under
the provisions of this act the insurance so certified cannot be cancelled
or terminated until at least twenty days after a notice of cancellation or
termination of the insurance has been filed in the office of the Commis-
sioner, except that a policy subsequently procured and certified shall, on
the effective date of its certification, terminate the insurance previously
certified with respect to any motor vehicle designated in both crtificates.
Any policy required to be filed under the provisions of this act shall be
marked “paid” by the issuing agent.

Section 15. The Commissioner shall administer and enforce the
provisions of this act and he is authorized to adopt regulations for its
administration in accordance with the guiding principles prescribed in,
and not inconsistent with the terms of, this act. He is empowered to
summon witnesses to attend upon, and to take testimony in, the hearings
provided for in this act for the purpose of finding whether or not op-
erators’ or chauffeurs’ licenses, registration plates, or registrations should
be suspended or revoked, or registration plates should be taken up.

Section 16. (a) The Commissioner shall forthwith revoke, and
not thereafter reissue during the period of one year, the license of any
person, resident or nonresident, upon receiving a record of his con-
viction of any of the following crimes, committed in violation of either
a State law or of a valid town, city or county ordinance paralleling and
substantially conforming to a like State law and to all changes and amend-
ments of it: (1) voluntary or involuntary manslaughter resulting from
the operation of a motor vehicle; (2) driving a vehicle while intoxicated
or under the influence of intoxicating liquor or narcotic drugs; (3) per-
jury or the making of a false affidavit to the Division under this act or
any other law of this State requiring the registration of motor vehicles
or regulating their operation on highways; (4) any crime punishable as
a felony under the motor vehicle laws of this State or any other felony
in the commission of which a motor vehicle is used; (5) two charges of
reckless driving, or forfeiture of bail upon two charges of reckless driv-
ing, within the preceding twelve months; (6) failure to stop and disclose
his identity at the scene of the accident, on the part of a driver of a motor
vehicle involved in an accident resulting in the death or injury of another
person.

(b) The Commissioner shall forthwith revoke and not thereafter
reissue during the period of three years the license of any person, resi-
dent or nonresident, upon receiving a record of the second or other
additional conviction of the person upon a charge of driving a vehicle
while intoxicated or under the influence of intoxicating liquor or nar-
cotic drugs.

Section 17. (a) The Commissioner, upon receipt of notice that
any person has been (1) legally adjudged to be insane, or a congenital
idiot, an imbecile, epileptic or feeble-minded, or (2) committed to, or
has entered, an institution as an inebriate or an habitual user of nar-
cotic drugs, shall forthwith revoke his license and registration, but he
shall not revoke the license if the person has been adjudged competent
by judicial order or decree, or discharged as cured from an institution
for the insane or feeble-minded, for the cure of inebriates, or for the
treatment of habitual users of narcotic drugs, upon a certificate of the
person in charge that the releasee is competent.

(b) In any case in which the person’s license or registration has
been revoked or suspended prior to his release it shall not be returned
to him unless the Commissioner 1s satisfied that he is competent to op-
erate a motor vehicle with safety to persons and property and only then
if he gives and maintains proof of financial responsibility.

(c) The clerk of the court in which any such adjudication 1s made
shall forthwith send a certified copy or abstract thereof to the Commis-
sioner.

(d) The person in charge of every institution of any nature for the
care or cure of the insane, idiots, imbeciles, epileptic, feeble-minded,
inebriates, or habitual users of narcotic drugs, shall forthwith report to
the Commissioner in sufficient detail for accurate identification the ad-
mission of every patient.

Section 18. (a) The Commissioner may, after due hearing, upon
giving not less than five days’ written notice by registered letter to the
address given by the operator or chauffeur when applying for his license,
suspend or revoke for not more than one year, and not thereafter re-
issue during the period of suspension or revocation, the operator’s or
chauffeur’s license issued to any person under the provisions of this act
whenever it is satisfactorily proved at the hearing conducted by the Com-
missioner or other personnel of the Division designated by him, that the
licensee under charges (1) has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in death or
injury to any other person or in serious property damage, or (2) is in-
competent to drive a motor vehicle, or (3) is afflicted with mental or
physical infirmities or disabilities rendering it unsafe for him to drive a
motor vehicle upon the highways, or (4) is habitually a reckless or negli-
gent driver of a motor vehicle, or (5) has committed a serious violation
of the motor vehicle laws of this State, or (6) is an habitual drunkard.
or (7) is addicted to the use of narcotic drugs.

(b) The Commissioner, in determining the propriety of suspending
or revoking a license as provided for in this section, may take into con-
sideration facts and conditions antedating the issuance of the current
license.

(c) The notice of a hearing when mailed to any person, as provided
for in this section, shall contain a statement of the charges to be heard,
and the date, time and place of the hearing, and if these requirements
are complied with it shall be sufficient regardless of whether or not the
licensee appeared and regardless of whether or not it was ever received.

(d) The hearing shall be in the county or city where the licensee
resides or in the county or city in which the offense with which the licensee
has been charged is alleged to have been committed, and before the Com-
missioner or any of the personnel of the Division designated by him.

Section 19. Upon any reasonable ground appearing in the records
of the Division, the Commissioner may, when he deems it necessary for
the safety of the public on the highways of this State, and after notice
and hearing as hereinbefore provided, suspend or revoke for a period
not to exceed five years, and not reissue during the period of suspension
or revocation, the operator’s or chauffeur’s license of any person who is
a violator of the provisions of the Motor Vehicle Code. as amended, and
he may suspend or revoke for a like period, and not reissue during the
period of suspension or revocation, any or all of his registration cer-
tificates and registration plates for any motor vehicle.

Section 20. (a) The Commissioner may refuse, after a hearing
if demanded, to issue to any person whose license has been suspended or
revoked, any new or renewal license or to register any motor vehicle in
the name of such person whenever he deems or in case of a hearing finds
it necessary for the safety of the public upon the highways of the State.

(b) Before granting a license or registration to any person in such
a case the Commissioner shall require proof of his financial responsibility
in the future as hereinafter provided, but no person shall be licensed who
may not be licensed under the provisions of section five of the Virginia
Operators’ and Chauffeurs’ License Act as now existing or as hereafter
amended.

Section 21. (a) Any person aggrieved by an order or act of the
Commissioner requiring a suspension or revocation of his license or
registration under the provisions of this act, may file a petition in any
court of record having criminal jurisdiction in the city or county in which
the petitioner resides for a review, but the commencement of such a pro-
ceeding shall not suspend the order or act, unless for good cause shown,
a stay be allowed by the court pending final determination of the review.

(b) No appeal shall lie in any case in which the revocation of the
license or registration was mandatory.

Section 22. Whenever the Commissioner under any law of this
State suspends or revokes the operator’s or chauffeur’s license of any
person upon receiving record of his conviction he shall also suspend all
of the registration certificates and registration plates issued for any motor
vehicle registered in the name as owner of the person so convicted, ex-
cept that he shall not suspend said registration certificate or registration
plates, unless otherwise required by law, in the event the owner has previ-
ously given, or gives and thereafter maintains, proof of his financial re-
sponsibility in the future in the manner hereinafter specified in this act
with respect to each and every motor vehicle owned and registered by
such person.

Section 23. (a) Every such suspension or revocation shall remain
in effect and the Commissioner shall not issue to such person any new or
renewal license or register in his name any motor vehicle, until permitted
under the provisions of this act and only then if he gives proof of his
financial responsibility in the future as provided in this act.

(b) Reversal on appeal of any conviction because of which any
license or registration has been suspended or revoked pursuant to the
provisions of this act will entitle the holder to the restoration thereof
forthwith without proof of financial responsibility.

Section 24. (a) The Commissioner shall suspend the operator’s
or chauffeur’s license and all of the registration certificates and regis-
tration plates issued to any person who has failed for a period of fifteen
days to satisfy any judgment in amounts and upon a cause of action as
hereinafter stated, immediately upon receiving authenticated report as
hereinafter provided to that effect.

(b) The Commissioner shall not, however, revoke the license of an
owner, operator or chauffeur if the insurance carried by him was in a
company which was authorized to transact business in this State and
which subsequent to an accident involving the owner or operator and
prior to settlement of the claim therefor went into liquidation, so that
the owner, operator or chauffeur is thereby unable to satisfy the judgment
arising out of the accident.

Section 25. The judgment herein referred to means any judgment
for twenty-five dollars or more for damages because of injury to or de-
struction of property, including loss of its use, or any judgment for
damages, including damages for care and loss of services, because of
bodily injury to or death of any person arising out of the ownership,
use or operation of any motor vehicle.

Section 26. The Commissioner shall take action as required in the
two preceding sections upon receiving proper evidence that the person
has failed for a period of fifteen days to satisfy any judgment, in amount
and upon a cause of action as stated in the two preceding sections, ren-
dered by a court of competent jurisdiction of this State, any other State
of the United States, the United States, any territory, district or pos-
session of the United States and under its exclusive control, the District
of Columbia, the Dominion of Canada, Newfoundland, or any province
or territorial subdivision of either.

Section 27. (a) Every judgment herein referred to shall for the
purpose of this act only be deemed satisfied: (1) when paid in full or
when five thousand dollars has been credited upon any judgment or
judgments rendered in excess of that amount because of bodily injury
to or death of one person as the result of any one accident ; or (2) when,
subject to the limit of five thousand dollars because of bodily injury to
or death of one person, the judgment has been paid in full or when the
sum of ten thousand dollars has been credited upon any judgment or
judgments rendered in excess of that amount because of bodily injury
to or death of two or more persons as the result of any one accident; or
(3) when the judgment has been paid in full or when one thousand dol-
lars has been credited upon any judgment or judgments rendered in ex-
cess of that amount because of injury to or destruction of property of
others as a result of any one accident.

(b) Payments made in settlement of any claims pemuse of bodily
injury, death, or property damage arising from a motor vehicle accident
shall be credited in reduction of the amount provided for in this section.

Section 28. A judgment debtor upon five days’ notice to the judgment
creditor may apply to the court in which the judgment was obtained for
the privilege of paying it in installments and the court, without prejudice
to other legal remedies which the judgment creditor may have, may so
order, fixing the amounts and times of payment of the installments.

Section 29. If the judgment debtor fails to pay any installment as
permitted by the order of the court, then upon notice of default the
Commissioner shall forthwith suspend the license and registration cer-
tificates and registration plates of the judgment debtor until the judgment
is satisfied as provided in this act, except that the judgment debtor may
apply, after due notice to the judgment creditor, to the court which ai-
lowed installment payment of the judgment, within thirty days after the
default, for resumption of the privilege of paying the judgment in in-
stallments, if past due installments are first paid.

Section 30. The Commissioner shall not suspend a license or regis-
tration of a motor vehicle, and shall restore any license or registration
suspended following nonpayment of a judgment, if the judgment debtor
obtains an order from the court in which the judgment was rendered
permitting payment of the judgment in installments, and 1f the judgment
debtor gives proof of his financial responsibility in the future as here-
inafter provided, but default in payment of any installment will render
the license or registration subject to suspension.

Section 31. If the judgment creditor consents in writing, in such
form as the Commissioner prescribes, that the judgment debtor be al-
lowed license and registration the Commissioner may allow same, not-
withstanding default in the payment of the judgment or. any installment
thereof, for six months from the date of consent and thereafter until it
1s revoked in writing, if the judgment debtor furnishes proof of his
financial responsibility in the future as hereinafter provided.

Section 32. Not less than thirty or more than ninety days after re-
ceipt by him of the report or notice of an accident which has resulted in
bodily injury or death, or in damage to the property of any person of
twenty-five dollars ($25.00) or more, the Commissioner shall forthwith
suspend the license of any person operating and the registration cer-
tificate and registration plates of any motor vehicle in any manner in-
volved in the accident unless, or until, the operator, chauffeur or owner,
any or all of them, have previously furnished or immediately furnish
security, sufficient in the judgment of the Commissioner, to satisfy any
judgment or judgments for damages resulting from the accident as may
be recovered against the owner, operator, or chauffeur by or on behalf
of any person aggrieved or his legal representative, and unless and until
the owner, operator, or chauffeur, any or all of them, shall immediately
furnish and thereafter maintain proof of financial responsibility in the
future.

Section 33. The provisions of the preceding section shall not apply
to (1) an owner, operator, or chauffeur if the owner had in effect, at
the time of the accident with respect to the motor vehicle involved, a
standard provisions automobile liability policy in form approved by the
State Corporation Commission and issued by an insurance carrier au-
thorized to do business in this State or, if the motor vehicle was not
registered in this State, or was a motor vehicle which was registered
elsewhere than in this State at the effective date of the policy, or at its
most recent renewal, an automobile liability policy acceptable to that
Commission as substantially the equivalent of a standard provisions
automobile liability policy; (2) an operator, or chauffeur, if not the
owner of the motor vehicle, if there was in effect at the time of the ac-
cident such a policy with respect to his operation of motor vehicles not
owned by him or, if such motor vehicle was a private passenger motor
vehicle, with respect to his operation of a private passenger motor vehicle
not owned by him; or (3) an owner, operator, or chauffeur, if his liability
for damages resulting from the accident, 1s, in the judgment of the Com-
missioner, covered by any other form of liability insurance policy issued
by an inurance carrier authorized to do business in this State or by a
bond, provided every such policy or bond mentioned herein is subject.
if the accident has resulted in bodily injury or death, to a limit, exclusive
of interest and costs, of five thousand dollars because of bodily injury
to or death of one person in any one accident and, subject to that limit
for one person, to a limit of ten thousand dollars because of bodily injury
to or death of two or more persons in any one accident, and, if the ac-
cident has resulted in injury to or destruction of property, to a limit of
one thousand dollars because of injury to or destruction of property of
others in any one accident. .

Section 34. Upon receipt of notice of the accident, the insurance
carrier or surety company which issued the policy or bond shall furnish,
for filing with the Commissioner, a written notice that the policy or bond
was in effect at the time of the accident. .

Section 35. In case the operator, or chauffeur, or owner has no
license to operate issued by the Division or no motor vehicle registere:
in his name in this State, he shall not be allowed a license or registration
until he has complied with this act to the same extent as would be neces-
sary if he had held an operator’s or chauffeur’s license or a motor vehicle
registration issued by the Division at the time of the accident.

Section 36. Security, when required, shall be in such form and
amount as the Commissioner prescribes.

Section 37. Cash or securities furnished in compliance with the
requirements of this act shall be placed by the Commissioner in the cus-
tody of the State Treasurer and shall be applicable only to the payment
of any judgment against the depositor for damages arising out of the
accident in question in an action at law in a court of this State begun
not later than one year after the date of the accident. The deposit, or anv
balance thereof, shall be returned to the depositor or his personal repre-
sentative after the expiration of the year, unless within that time the
Commissioner has been notified, by any person or by his personal repre-
sentative apparently entitled to participate in the deposit or the balance
thereof, of the institution or pendency of proceedings to recover for
damages arising out of the accident, in which case it shall be returned
when the Commissioner shall be given reasonable evidence to believe
that there is no such action pending and no such judgment unsatisfied.

Section 38. (a) In lieu of deposit of security when required pur-
suant to the provisions of this act the motor vehicle owner, or operator
or chauffeur may, 1f the person who has sustained bodily injury, or
damage to or destruction of his property, or his legal representative in
case of death or other incapacity, consents, effect and deliver a con-
fession of judgment for the amount payable when or in such installments
as agreed upon.

(b) In the event the judgment debtor fails to pay any installment,
upon notice of default the Commissioner shall forthwith suspend the
license and registration certificates and registration plates of the judg-
ment debtor until the judgment is satisfied as provided in this act.

(c) Inmnocase may a confession of judgment be used in lieu of future
financial responsibility as required by this act.

Section 39. The provisions of sections thirty-two through thirty-
eight shall not apply to the owner of a motor vehicle operated by one
having obtained possession or control without his permission or to either
the owner or operator of a motor vehicle involved in an accident wherein
no damage or injury was caused other than to the person or property
of the owner or operator, nor to the owner or the operator of a motor
vehicle which, when parked not in violation of law, is involved in an ac-
cident.

Section 40. The State shall be responsible for the safekeeping of all
bonds, cash and securities deposited with the Treasurer of the State under
the provisions of this act. and if the deposit or any part thereof be lost.
destroved, or misappropriated the State shall make good the loss to any
person entitled thereto. Bonds, cash, or securities so deposited shall onl:
be released by the Treasurer upon consent of the Commissioner given 11
conformity with the terms of this act.

Section 42. The driver of any vehicle involved in any incident re
sulting in injury to or death of any person or some person acting fo
him shall immediately by the quickest means of communication give no
tice of the accident to a State trooper, sheriff, or other police official, o
to the local police department when the accident occurs within a munici
pality, and every notice received by any police official or department shal
be promptly transmitted to the Division.

Section 43. Every person holding the office of coroner or other of
ficial having like duties in this State upon learning of the death of a per
son in his jurisdiction as a result of a motor vehicle accident shall im
mediately notify the Division of such fact.

Section 44. (a) The driver of a vehicle involved in an acciden
resulting in injury to or death of any person or total property damag
to an apparent extent of twenty-five dollars ($25.00), or more, shal.
within twenty-four (24) hours after the accident, make a written repor
of it to the Division.

(b) The Commissioner may require any driver of a vehicle involve
in any accident of which report must be made to file a supplemental re
port whenever any report is insufficient in his opinion and he may re
quire witnesses of accidents to render reports to the Division.

(c) Every law enforcement officer, who in the course of duty in
vestigates a motor vehicle accident of which report must be made, eithe
at the time of and at the scene of the accident or thereafter and else
where by interviewing participants or witnesses, shall, within twenty
four (24) hours after completing the investigation, forward a writte
report of the accident to the Division.

(d) Whenever the driver of a vehicle is physically incapable c
making an immediate or a written report of an accident of which a repor
is required each other occupant of the vehicle at the time of the accident
if any, who is capable of so doing must make the report required by thi
act to be made primarily by the driver.

Section 45. (a) The Division shall prepare and upon request suf
ply to police departments, coroners or other officials exercising like func
tions, sheriffs, garages, and other suitable agencies and individuals, form
for actident reports required hereunder, appropriate with respect to th
perso ‘required to make such reports and the purpose to be served.

(b) ‘The written reports to be made by persons involved in accident
and by investigating officers shail call for sufficiently detailed informatio
to disclose with reference to a traffic accident the cause, conditions the
existing, and the persons and vehicles involved.

(c) Every accident report required to be made in writing shall b
made on the appropriate form approved by the Division and shall con
tain all of the information required herein unless not available.

Section 46. Every coroner or other official performing like func
tions shall on or before the tenth dav of each month report in writin
to the Division the death of anv person within his jurisdiction durin
the preceding calendar month as the result of an accident involving a
motor vehicle and the circumstances of the accident.

Section 47. (a) All accident reports made by persons involved in
accidents or by garages shall be without prejudice to the individual so
reporting and shall be for the confidential use of the Division or other
State agencies having use for the records for accident prevention pur-
poses, except that the Division may disclose the identity of a person in-
volved in an accident when his identity is not otherwise known or when
he denies his presence at the accident.

(b) No such report shall be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the Division shall fur-
nish upon demand of any person who has or claims to have made such a
report or upon demand of any court a certificate showing that a speci-
fied accident report has or has not been made to the Division solely to
prove compliance or non-compliance with the requirement that the report
be made to the Division.

Section 48. All accident reports made by investigating officers shall

be for the confidential use of the Division and of other State and Fed-
eral agencies for accident prevention purposes and shall not be used as
evidence in any trial, civil or criminal, arising out of any accident, but
the Division shall disclose from the reports, upon request of any person,
the date, time, and location of the accident, and the names and addresses
of the drivers, the owners of the vehicles involved, the injured persons,
the witnesses, and the investigating officer, provided, however, that any
report of an accident made pursuant to sections forty-four, forty-five,
forty-six and forty-seven, hereof, shall be open to the inspection of any
person involved or injured in the accident, or as a result thereof, or his
attorney who has written authority from his client ; and provided, further,
that the Commissioner shall upon written request of any such person or
attorney furnish a copy of any such report at the expense of such person
or attorney.
Section 49. The Division shall promptly furnish a photocopy of each
accident report to the Department of State Police who shall tabulate
and analyze all accident reports and shall publish annually, or more fre-
quently, statistical information based thereon as to the number and cir-
cumstances of traffic accidents. Based upon its findings, after analysis,
the Department may conduct further necessary detailed research to deter-
mine more fully the cause, control and prevention of highway aqgidents.
It may further conduct experimental field tests within areas of th@ State
from time to time to prove the practicability of various ideas advanced In
traffic control and accident prevention. .

Section 50. Any incorporated city or town may by ordinance re-
quire that the driver of a vehicle involved in an accident file with a desig-
nated city department a report of the accident or a copy of any report
herein required to be filed with the Division. All such reports shall be
for the confidential use of the city department and subject to the pro-
visions of this act.

Section 51. The person in charge of any garage or repair shop to
which is brought any motor vehicle that shows evidence of having been
involved in a motor vehicle accident or struck by a bullet shall report
to the nearest police station or to the State police within twenty-four (24)
hours after the motor vehicle is received, giving the engine number,
registration number and the name and address of the owner or operator
of the vehicle if known.

Section 52. Failure to report an accident as required or failure to
give correctly the information required of him by the Commissioner in
connection with any requisite report shall be a misdemeanor and shall
constitute a ground for suspension or revocation of the operator’s or
chauffeur’s license and all certificates of registration of all motor vehicles,
or of both, of the person failing to make the report as required.

Section 53. The failure of a nonresident to report an accident as
required shall constitute sufficient ground for suspension or revocation
of his privileges of operating a motor vehicle in this State and of the op-
eration within this State of any motor vehicle owned by him.

Section 54. The clerk of the court, or the court when it has no
clerk, shall forward to the Commissioner a certified copy or abstract
of any conviction, and of any forfeiture of bail or collateral deposited
to secure a defendant’s appearance in court unless the forfeiture has been
vacated, upon a charge of a violation of any provision of the Motor Ve-
hicle Code or of any law of this State pertaining to the operator or op-
eration of any motor vehicle or of any similar ordinance of any city,
county, or town, and a certified copy or abstract of any judgment for
damages, the rendering and nonpayment of which judgment, under the
terms of this act, require the Commissioner to suspend the operator’s or
chauffeur’s license and registrations in the name of the judgment debtor,
every such copy or abstract to be forwarded to the Commissioner im-
mediately upon the expiration of fifteen days after the conviction or for-
feiture or judgment has become final without appeal or other action in
the time within which appeal or other action might have been perfected,
or has become final by affirmance on appeal, and has not been otherwise
stayed or satisfied.

Section 55. The suspension required by the provisions of this act
contained in sections twenty-four through forty-one shall remain in ef-
fect and the motor vehicle involved in the accident shall not be registered
in the name of the person whose license or registration certificate was so
suspended or in any other name so long as the Commissioner has reason-
able grounds to believe that termination of the suspension or issuance
of license or registration would have the effect of defcating the purpose
of this act, and in no event shall any other vehicle be registered in the
name of the person nor any new licenses issued to him unless and until
the judgment is satisfied or stayed and the judgment debtor gives proof
of his responsibility in the future as required, subject to the exceptions
of this act.

Section 56. (a) The suspension required by the provisions of this
act contained in sections thirty-two through forty-one and the prohibition
against registration in the name of the person whose license is suspended
or in any other name when the Commissioner has reasonable grounds
to believe that the registration of the vehicle involved or of any other
vehicle in his name will have the effect of defeating the purpose of thi:
act shall continue, and no other motor vehicle shall be registered or shall
remain in effect in his name and no new license is to be issued to him.
unless and until he complies with the requirements with respect to fur-
nishing security or unless and until he has obtained a release, or a judg-
ment in his favor in an action to recover damages resulting from the ac-
cident, or unless and until he has satisfied in the manner provided any
judgment rendered against him in the action, and at all events gives and
thereafter maintains proof of his financial responsibility, but any person
whose license or registration became subject to suspension or has been
suspended pursuant to section thirty-two, whether or not he has fur-
nished security and proof of financial responsibility, shall be relieved from
furnishing or maintaining proof of financial responsibility if one year
has elapsed since the date of the accident and he has neither paid nor
agreed to pay anything for damages resulting from the accident and no
action for damages because thereof has been brought against him, and
he is not required to furnish or maintain proof of financial respon-
sibility for some reason other than for having been involved in the ac-
cident.

(b) If any action for damages resulting from the accident has been
brought and has resulted in a judgment in his favor, he shall be relieved
from furnishing or maintaining proof of financial responsibility forth-
with, provided he is not required to furnish or maintain proof for reasons
other than for having been involved in the accident and in case he has
furnished security because of having been involved in the accident it
shall be returned to him or to his legal representative forthwith notwith-
standing the provisions of section thirty-seven.

(c) The fact of having been involved in the accident shall not bar
the issuance of license and registration to a person who has been relieved
from furnishing or maintaining proof of financial responsibility pursuant
to the provisions of this section.

Section 57. A discharge in bankruptcy listing a claim for damages
arising out of the operation of a motor vehicle shall not relieve the judg-
ment debtor from any of the requirements of this act.

Sectoin 58. Whenever by the laws of this State the Commissioner
has the power to suspend or revoke (1) the license of a resident opera-
tor or chauffeur, or (2) the registration certificates and registration plates
of a resident owner, he is empowered (1) to suspend or revoke the license
or to forbid the operation of a motor vehicle in this State by a nonresi-
dent operator or chauffeur, and (2) to forbid the operation within this
State of anv motor vehicle of a nonresident owner, respectively.

Section 59. Every provision of this act applies to any person who
is not a resident of this State under the same circumstances as they would
apply to a resident: and no nonresident may operate any motor vehicle
in this State and no motor vehicle owned by him may be operated in
this State, unless and until the nonresident. or the owner of the motor
vehicle if another person, has complied with the requirements of this
act with respect to furnishing security and giving proof of financial re-
sponsibility in the future.
Section 60. Upon conviction of a nonresident or in case any unsat-
ishied judgment results in suspension of a nonresident’s driving privi-
leges in this State and the prohibition of the operation within this State
of any motor vehicle owned by him, or upon suspension of a nonresident’s
driving privileges in this State and the prohibition of the operation within
this State of any motor vehicle owned by the nonresident pursuant to
any other provision or provisions of this act, the Commissioner shall
transmit a certified copy of the record of the conviction or the unsatis-
fied judgment or any other action pursuant to this act resulting in sus-
pension of a nonresident’s driving privileges in this State and the pro-
hibition of the operation within this State of any motor vehicle owned by
such nonresident to the Motor Vehicle Commissioner or officer per-
forming the functions of a commissioner in the State, the District of
Columbia, any territory, district or possession of the United States and
under its exclusive control, the Dominion of Canada, Newfoundland.
or any province or territorial subdivision of either, in which the non-
resident resides.

Section 61. (a) The Commissioner shall suspend or revoke the
license and registration certificate and plates of any resident of this State
upon receiving notice of his conviction, in a court of competent juris-
diction of this State, any other State of the United States, the United
States, any territory, district or possession of the United States and under
its exclusive control, the District of Columbia, the Dominion of Canada,
Newfoundland, or any province or territorial subdivision of either, of an
offense therein, which if committed in this State would be grounds for
the suspension or revocation of the license granted to him, or registration
of any motor vehicle registered in his name.

(b) The Commissioner shall take like action upon receipt of notice
that a resident of this State has failed, for a period of thirty days, to
satisfy any final judgment in amount and upon a cause of action as stated
herein, rendered against him in a court of competent jurisdiction of any
other State of the United States, the United States, any territory, dis-
trict or possession of the United States and under its exclusive control,
the District of Columbia, the Dominion of Canada, Newfoundland, or any
province or territorial subdivision of either.

Section 62. When the Commissioner finds that any person required
to give proof or furnish security under this act is or later becomes a
chauffeur or motor vehicle operator, however designated, or a member
of the immediate family or household, in the employ or home of an
owner of a motor vehicle, the Commissioner shall accept proof of finan-
cial responsibility given by the owner in leu of proof by such person to
permit him to operate a motor vehicle for which the owner has given
proof as herein provided. In case the person is one who 1s furnished
proof of financial responsibility by his employer, he shall not be re-
quired to furnish security. The Commissioner shall designate the re-
strictions imposed by this section on the face of such person’s, operator's,
or chauffeur’s license.

Section 63. If the owner of a motor vehicle is one whose vehicles
are operated under a permit or a certificate of convenience and necessity
issued by the State Corporation Commission, proof by the owner on be-
half of another as provided by this act may be made if there is filed with
the Commissioner satisfactory evidence that the owner has complied with
the law with respect to his liability for damage caused by the operation
of his vehicles by providing the required insurance or other security,
or has qualified as a self-insurer as described in section ninety-one of
this act.

Section 64. (a) Any person whose operator’s or chauffeur’s license
or registration certificates or registration plates have been suspended
or revoked as provided in this act and have not been reinstated shall
immediately return every such license, registration certificate and set of
registration plates held by him to the Commissioner. Any person wil-
fully failing to comply with this requirement is guilty of a misdemeanor.

(b) The Commissioner is authorized to take possession of any li-
cense, registration certificate or set of registration plates upon their sus-
pension or revocation under the provisions of this act or to direct any
police officer to take possession of and return them to the office of the
Commissioner. ,

Section 65. Proof of financial responsibility means proof of ability
to respond in damages for liability thereafter incurred arising out of the
ownership, maintenance, use or operation of a motor vehicle, in the
amount of five thousand dollars because of bodily injury to or death
of any one person, and subject thereto for one person in the amount of
ten thousand dollars because of bodily injury to or death of two or
more persons in any one accident, and in the amount of one thousand
dollars because of injury to or destruction of property in any one acci-
dent. Proof in these amounts shall be furnished for each motor vehicle
registered by the person.

Section 66. Proof of financial responsibility when required under
this act may be given by proof that (1) a policy or policies of motor
vehicle liability insurance have been obtained and are in full force and
effect, or (2) a bond has been duly executed, or (3) a deposit has been
made of money or securities, or (4) _ self-insurance certificate filed, all
as hereinafter provided.

Section 67. (a) Proof of financial responsibility may be made
by filing with the Commissioner the written certificate of any insurance
carrier, authorized to do business in this State, certifying that there is in
effect a motor vehicle liability policy for the benefit of the person re-
quired to furnish proof of financial responsibility. This certificate shall
give the effective date of the policy which must be the same date as the
effective date of the certificate and, unless the policy is issued to a person
who is not the owner of a motor vehicle, must designate by explicit de-
scription or by appropriate reference all motor vehicles covered.

(b) No motor vehicle shall be, or continue to be, registered in the
name of any person required to file proof of financial responsibility
unless it is so designated in the certificate.

Section 68. The nonresident owner of a foreign vehicle may give
proof of financial responsibility by filing with the Commissioner a written
certificate or certificates of an insurance carrier not authorized to trans-
act business in this State but authorized to transact business in the State,
the District of Columbia, any territory, district or possession of the
United States and under its exclusive control, the Dominion of Canada,
Newfoundland, or any province or territorial subdivision of either, in
which each motor vehicle described in the certificate is registered, or if
the nonresident does not own a motor vehicle, then in the like jurisdic-
tion in which the insured resides and otherwise conforming to the pro-
visions of this act, and the Commissioner shall accept the same if the in-
surance carrier, in addition to having complied with all other provisions
of this act as requisite, shall: (1) execute a power of attorney authoriz-
ing the Commissioner to accept service on its behalf of notice or process
in any action arising out of a motor vehicle accident in this State; (2)
duly adopt a resolution, which shall be binding upon it, declaring that its
policies are to be deemed to be varied to comply with the law of this
State and the terms of this act relating to the terms of motor vehicle
liability policies issued herein; (3) agree to accept as final and binding
the judgment of any court of competent jurisdiction in this State from
which judgment no appeal is, or can be taken, duly rendered in any
action arising out of a motor vehicle accident; (4) deposit with the
Treasurer of Virginia cash or securities such as are mentioned in sec-
tion seventy-nine of this act or the surety bond of a company authorized
to do business in Virginia, equal in value to eleven thousand dollars for
each insurance policy filed as proof of financial responsibility.

Section 69. (a) If a nonresident required to file a certificate of
insurance under this act files the certificate of insurance of a company
authorized to do business in this State the provisions of the foregoing
section shall not apply.

(b) If any foreign insurance carrier which has qualified to furnish
proof of financial responsibility defaults in any of its undertakings or
agreements, the Commissioner shall not thereafter accept any certificate
of that carrier so long as the default continues and shall revoke licenses
theretofore granted on basis of its policies unless the default be immedi-
ately repaired.

Section 70. This act does not apply to or affect (1) policies of
automobile insurance against liability which may now or hereafter be
required by any other law of this State, and such policies if endorsed to
conform to the requirements of this act shall be accepted as proof of
financial responsibility when required under this act, (2) policies in-
suring solely the insured named in the policy against liability resulting
from the maintenance, use or operation by persons in the insured’s employ
or 1n his behalf of motor vehicles not owned by the insured.

Section 71. A person required to give proof of financial responsi-
bility may file with the Commissioner a bond meeting the requirements
of this act.

Section 72. The bond referred to in the foregoing section shall be
executed by the person giving proof and by a surety company duly au-
thorized to transact business in this State, or by the person giving proof
and by one or more individual sureties owning real estate within this State
and having an equity therein in at least the amount of the bond, whic
real estate shall be scheduled therein, but the Commissioner may no
accept any real estate bond unless it is first approved by the judge c
the circuit court of the county or the corporation, hustings or othe
court of record of the city wherein the real estate is located.

Section 73. The Commissioner shall not accept any such bon
unless it jis conditioned for payments in amounts and under the sam
circumstances as would be required in a motor vehicle liability polic
furnished by the person giving proof.

Section 74. No such bond shall be cancelled unless twenty days
prior written notice of cancellation is given the Commissioner but can
cellation of the bond shall not prevent recovery thereon with respect tt
any right or cause of action arising prior to the date of cancellation.

Section 75. (a) <A bond with individual sureties shall constitute <
lien in favor of the State upon the real estate of any individual surety
which lien shall exist in favor of any holder of any final judgment agains
the principal on account of damage to property or injury to or death oi
any person or persons resulting from the ownership, maintenance, use
or operation in his, or any other, motor vehicle, upon the recording of the
bond in the office of the clerk of the court where deeds are admitted
to record of the city or county where the real estate is located.

(b) Notice of cancellation is to be signed by the Commissioner
or by someone designated by him and the seal of the Division placed
thereon. Notwithstanding any other provision of law the clerk shall
record the notice in the books kept for the recording of deeds and shall
index the same in the indexes thereto for grantors and grantees, under
the respective names of the individual sureties in the column for grantors.
and the Commonwealth of Virginia in the column for grantees, for which
he shall receive the sum of two dollars and fifty cents to be paid by the
principal in full payment of all services in connection with the recorda-
tion and release of the bond. The clerk shall place on the notice a state-
ment showing the time of recording and the book and page of recording
and return the notice to the Commissioner.

Section 76. When a bond with individual sureties filed with the
Commissioner is no longer required under this act, the Commissioner
shall, upon request, cancel it as to liability for damage to property or in-
jury to or death of any person or persons thereafter caused and when
a bond has been cancelled by the Commissioner or otherwise he shall
upon request, furnish a certificate of the cancellation signed by him or by
someone designated by him with the seal of the Division thereon. The
certificate, notwithstanding any other provision of law, may be recorded
in the office of the clerk of the court in which the bond was admitted to
record.

Section 77. Upon satisfactory proof that the bond has been can-
celled and that there are no claims or judgments against the principal
in the bond on account of damage to property or injury to or death of
any person or persons resulting from the ownership, maintenance, use
or operation of a motor vehicle of the principal caused while the bond
was in ettect, the judge in the clerk’s office of which the bond was ad-
MMitted to record, in term or vacation, may enter an order discharging the
lien of the bond on the real estate of the sureties thereon, upon their
Petition and at their proper cost.

Section 78. (a) Ifa final judgment rendered against the principal
on the bond filed with the Commissioner as provided in this act be not
satisfied within fifteen days after its rendition, the judgment creditor
may, for his own use and benefit and at his sole expense, bring an action
on the bond in the name of the State against the company or persons
executing the bond.

(b) When the sureties on the bond are individuals the judgment
creditor may proceed against any or all parties to the bond at law for a
judgment or in equity for a decree and foreclosure of the lien on the
real estate of the sureties. The proceeding whether at law or in equity
may be against one, all or any intermediate number of parties to the bond
and when less than all are joined other or others may be impleaded in
the same proceeding and after final judgment or decree other proceedings
may be instituted until full satisfaction be obtained.

Section 79. A person may give proof of financial responsibility by
delivering to the Commissioner eleven thousand dollars in cash, or in
securities such as fiduciaries may invest in according to the provisions
of section fifty-four hundred thirty-one of the Code as same has been
or may be amended.

Section 80. (a) All moneys or securities so delivered to the Com-
missioner shall be placed by him in the custody of the State Treasurer and
shall be subject to execution to satisfy any judgment within the limits on
amounts required by this act for motor vehicle liability insurance policies.

(b) Whenever the moneys or securities are subjected to attachment,
garnishment, execution, or other legal process, or are otherwise depleted
or threatened with depletion or impairment in amount or value the de-
positor must immediately furnish additional moneys or securities, free
from lien, claim, or threat of impairment, in sufficient amount or value
fully to comply with the requirements of this act.

(c) The Treasurer shall notify the Commissioner promptly of any
depletion, impairment, or decrease or of any legal threat of depletion, im-
pairment, or decrease in the value of the securities or in the moneys on
deposit with him under the provisions of this act.

Section 81. (a) The Commissioner may cancel any bond or return
any certificate of insurance, and upon the substitution and acceptance by
him of other adequate proof of financial responsibility pursuant to this
act, and upon his direction to such effect, the State Treasurer shall re-
turn any money or securities on deposit with him to the person entitled
thereto.

(b) The Commissioner and the Treasurer, or either, may proceed
in equity by bill of interpleader for the determination of any dispute as
to ownership of or rights in any deposit, and may have recourse to any
other appropriate proceeding for determination of any question that arises
as to their rights or liabilities or as to the rights or liabilities of the Com-
monwealth under this act.
Section 82. Whenever any proof of financial responsibility filed by
any person under the provisions of this act no longer fulfills the purpose
for which required the Commissioner shall require other proof of finan-
cial responsibility as required by this act and shall suspend his operator’s
or chauffeur’s license, registration certificates, and registration plates
pending the furnishing of proof as requisite.

Section 83. The Commissioner, upon request and subject to the pro-
visions of the succeeding section, shall consent to the cancellation of any
bond or insurance policy, or to the return to the person entitled thereto of
any money or securities deposited pursuant to this act as proof of financial
responsibility, or he shall waive the requirements of filing proof of finan-
cial responsibility, in the event (1) of the death of the person on whose
behalf the proof was filed; or (2) of his permanent incapacity to operate
a motor vehicle; or (3) that the person who has given proof of financial
responsibility surrenders his operator’s or chauffeur’s license, and all of
his registration certificates and registration plates to the Commissioner. -

Section 84. (a) Notwithstanding the provisions of the preceding
section the Commissioner shall not release the proof in the event: (1)
any action for damages upon a liability included in this act is then pend-
ing; or (2) any judgment upon any such liability is then outstanding and
unsatisfied ; or (3) the Commissioner has received notice that the person
involved has within the period of twelve months immediately preceding
been involved as a driver in any motor vehicle accident.

(b) An affidavit of the applicant of the non-existence of these facts
shall be sufficient evidence thereof in the absence of evidence in the
records of the Division tending to indicate the contrary.

Section 85. Whenever any person to whom proof has been sur-
rendered as provided in section eighty-three applies for an operator's
or chauffeur’s license or the registration of a motor vehicle the application
shall be refused unless the applicant reestablish proof as requisite.

Section 86. The Commissioner upon request shall furnish any in-
surance carrier or any person or surety a certified abstract, of the operat-
ing record of any person subject to the provisions of this act, which ab-
stract shall fully designate the motor vehicles, if any, registered in the
name of the person, and if no record of the conviction of the person of a
violation of any provision of any statute or ordinance relating to the opera-
tion of a motor vehicle or of any injury or damage caused by him as pro-
vided in this act the Commissioner shall so certify, upon the payment to
him of a fee of one dollar ($1.00) ; provided further, however, that such
certified abstract shall not be admissible in evidence in any court proceed-
ings.

Section 87. Any person whose operator’s or chauffeur’s license or
registration certificate or other privilege to operate a motor vehicle has
been suspended or revoked, restoration thereof or the issuance of a new
license or registration being contingent upon the furnishing of proof of
financial responsibility, and who, during the period of suspension or while
the revocation is in effect, or in the absence of full authorization from the
Commissioner, drives any motor vehicle upon any highway or knowingly
permits any motor vehicle owned by him to be operated by another upon
any highway except as permitted under this act, and any nonresident from
whom the privilege of operating any motor vehicle on the highways of
this State has been withdrawn as provided in this act who operates a
motor vehicle in this State shall be guilty of a misdemeanor and upon
conviction be punished by imprisonment for not less than two days nor
more than six months and be fined not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00), either or both.

Section 88. Any person who forges or without authority signs any
evidence of ability to respond in damages as required by the Commissioner
in the administration of this act shall be guilty of a misdemeanor and
upon conviction be punished by a fine of not more than one thousand
dollars or imprisonment for not more than thirty days, either or both.

Section 89. (a) Any person required to forward to the Commis-
sioner a record of a conviction cr of a judgment for damages as provided
in this act who fails, refuses or neglects so to do without reasonable cause
shall be guilty of a misdemeanor and upon conviction be subject to a fine
of not less than ten dollars nor more than fifty dollars, and he may be
suspended or removed from office or otherwise disciplined for such
dereliction of duty.

(b) The Commissioner shall call every such failure to the attention
of the person guilty of the dereliction and to the judge of the court of
which he is an officer in cases of dereliction on the part of officers of
courts, and also to the appropriate attorney for the Commonwealth.

(c) Discipline for dereliction of the duties provided for by this act
is Cumulative to the other penalties prescribed and may be imposed by the
court having jurisdiction over the official whose negligence is complained
of. | |
Section 90. Any person who violates any provision of this act for
which another penalty is not prescribed by law shall be guilty of a mis-
demeanor and upon conviction thereof be punished by imprisonment for
not more than ninety days or by a fine of not less than one hundred dollars
or more than one thousand dollars or both.

Section 91. (a) This act, except sections forty-two and forty-four,
shall not apply to any person having registered in his name in this State
more than twenty (20) motor vehicles nor to any person operating more
than twenty (20) vehicles whether as owner or as lessee or as both owner
and lessee if such person seeking exemption under this section shall obtain
from the Commissioner a certificate of self-insurance as provided for in
subsection (b) of this section; (b) the Commissioner may, in his dis-
cretion and upon the application of such a person, issue a certificate of
self-insurance when he is reasonably satisfied that such person 1s pos-
sessed and will continue to be possessed of financial ability to respond to
judgment as hereinbefore described, obtained against such person, arising
out of the ownership, maintenance, use or operation of any of such per-
son’s motor vehicles; (c) upon due notice and hearing, the Commis-
sioner may in his discretion and upon reasonable grounds cancel a cer-
tificate of self-insurance.
Section 92. Every person who has been unable to obtain a motor
vehicle liability policy shall have the right to apply to the State Corpora-
tion Commission (sometimes called “(Commission”) to have his risk as-
signed to an insurance carrier licensed to write and writing motor vehicle
liability insurance in ths State and the insurance carrier, whether a stock
or mutual company, reciprocal or inter-insurance exchange, or other type
or form of insurance organization, as herein provided shall issue a motor
vehicle liability policy which will meet at least the minimum requirements
for establishing financial responsibility as provided for in this act.

Section 93. (a) The Commission shall have the authority to make
reasonable rules and regulations for the assignment of risks to insurance
carriers.

(b) It shall establish such rate classifications, rating schedules, rates,
rules, and regulations to be used by insurance carriers issuing assigned
risk motor vehicle liability policies in accordance with this act as appear
to it to be proper.

(c) In the establishment of rate classifications, rating schedules,
rates, rules, and regulations, it shall be guided by such principles and
practices as have been established under its statutory authority to regulate
motor vehicle liability insurance rates and it may act in conformity with
its statutory discretionary authority in such matters.

Section 94. The Commission is empowered, if in its judgment it
deems such action to be justified after reviewing all information pertain-
ing to the applicant or policyholder available from its records, the records
of the Division 6f Motor Vehicles, or from other sources, (1) to refuse
to assign an application ; (2) to approve the rejection of an application by
an insurance carrier; (3) to approve the cancellation of a motor vehicle
liability policy by an insurance carrier; and (4) to refuse to approve the
renewal or the reassignment of an expiring policy.

Section 95. (a) Any and all information filed with the Commission
by an insurance carrier in connection with an assigned risk shall be confi-
dential and solely for the information of the Commission and its staff and
shall not be disclosed to any person, including an applicant, policyholder,
and any other insurance carrier:

(b) The Commission shall not be required to disclose to any person,
including the applicant or policyholder, its reasons for (1) refusing to
assign an application ; (2) approving the rejection of an application by an
insurance carrier; (3) approving the cancellation of a motor vehicle
liability policy by an insurance carrier; and (4) refusing to approve the
renewal or the reassignment of an expiring policy; nor shall it or anyone
acting for it be held liable for any act, or omission, in connection with the
administration of the duties imposed upon it by the provisions of this act,
except upon proof of actual malfeasance.

Section 96. The provisions of this act relevant to assignment of
risks shall be available to nonresidents who are unable to obtain a motor
vehicle liability insurance policy with respect only to motor vehicles reg-
istered and used in this State.

Section 97. (a) Persons who have, by any law of this State, been
required to file proof of financial responsibility are included within the
scope of this act ; likewise included are persons who have been convicted
of violations of the provisions of any law pertaining to the operator, or
operation, of motor vehicles, or of violations of the Motor Vehicle Code
as same has been or may be amended.

(b) Persons against whom judgments are obtained subsequent to
the effective date of this act as a result of an action for damages arising
out of an accident involving the operation of a motor vehicle prior to the
effective date of this act are not subject to the provisions hereof.

Section 98. This act shall not be construed to prevent the plaintiff
in any action at law from relying for security upon any other process now
or hereafter provided by law.

Section 99. If any part of this act be held unconstitutional the de-
cision shall not affect the validity of the remaining parts of this act. It is
the legislative intent that this act be liberally construed so as to effectuate
as far as legally and practically possible and feasible its primary objective
to promote and further greater safety in the operation of automotive
vehicles in this State.

Section 100. All acts and parts of acts irreconcilably inconsistent
with any provision or provisions of this act are repealed to the extent of
such inconsistency only.

2. Anact entitled ‘An act to provide for the suspension of operator’s
and chauffeur’s licenses and registration certificate, and the right of non-
residents to operate a motor vehicle, in certain cases; to prescribe pro-
cedure where damages to property and/or injuries to persons have been
caused by the operation of motor vehicles, and to prescribe penalties.”’,
approved March twenty-fourth, nineteen hundred thirty-two, and all
amendments thereof ; and section fifty-nine, and all amendment thereof, of
chapter three hundred forty-two of the Acts of the General Assembly of
nineteen hundred thirty-two, approved March twenty-sixth, nineteen
hundred thirty-two, and known as the Motor Vehicle Code of Virginia,
are expressly repealed as of the effective date of the substance of this
act, to-wit, January first, nineteen hundred forty-five.

3. There is appropriated for the administration of this act from
the general fund not otherwise appropriated a sum sufficient not ex-
ceeding one hundred thousand dollars ($100,000) for each year of the
biennium beginning July first, nineteen hundred forty-four.

4. This act is to become effective January first, nineteen hundred
forty-five except as to the appropriation and as to the exercise of all acts
necessary, convenient or expedient for the making of arrangements and
setting up the machinery for the administration of and for compliance
with the provisions of the act it shall become effective July first, nineteen
hundred forty-four.