Chap. 409.—An ACT to amend and reenact Section 6l-a of the Motor Vehicle
Code of Virginia relating to impounding of motor vehicles. [H 193}

Approved April 1, 1948

Be it enacted by the General Assembly of Virginia:

1. That section sixty-one-a of the Motor Vehicle Code of Virginia
be amended and reenacted as follows:

Section 61-a. Motor vehicles to be impounded and sold for satis-
faction of damages under certain circumstances.—In addition to the
punishment prescribed for violation of the preceding section or any
other section of this act, any person violating any of such provisions
shall be liable for such damages as any other person may suffer as a
result of such violation, and upon the person claiming to have suffered
such damages, or some one for him, depositing with the court or justice
having jurisdiction of a criminal prosecution for such violation, a bond
with approved security, in such amount as such court or justice may
deem sufficient to cover such probable damage as the accused may
suffer by reason of his being prosecuted for such violation, or money
in lieu of such bond, such court or justice shall require such violator or
the owner of the motor vehicle that was being driven by him, to deposit
a bond with approved security, or money in lieu thereof, in such amount
as such court or justice may deem sufficient to cover the damages suf-
fered by such other person, and if such bond or money be not so deposit-
ed, such court or justice shall order such motor vehicle to be seized and
impounded wherever it may be found in this State, regardless of whether
a criminal prosecution has or has not been commenced against such
violator, provided however, that upon the filing by the owner of the
motor vehicle involved or on his behalf of proof with respect to the
motor vehicle that a standard provisions automobile liability policy in
form approved by the State Corporation Commission and issued by an
insurance carrier authorized to do business in this State was in effect
or such a policy with respect to the person operating the vehicle involved
was in effect, such proof to be made on forms approved by the Commis-
sioner of the Division of Motor Vehicles under chapter three hundred
eighty-four of the Acts of Assembly of nineteen hundred forty-four, no
attachment hereunder shall lie against such motor vehicle nor shall the
owner or operator be required to deposit any bond, security or money, but
any such pending proceedings shall be treated as an action at law;
provided that any such filing shall not dispense with any like require-
ment under any other law, and provided further that the provisions
hereof, as amended, shall not affect other provisions of law in relation
to attachment proceedings.

Any such motor vehicle so seized and impounded shall be held
pending the result of a civil action for the damages claimed by such other
person, which action shall be-brought as promptly as may be reasonably
practicable, in a court having jurisdiction thereof, and speedily prose-
cuted in accordance with the law governing civil actions of a similar
nature, and for the purpose of service of process or notice, the operator
of the motor vehicle which caused such damages, if he be not the owner
thereof, shall be deemed the agent of the owner, and service of such
process or notice upon such operator shall be equivalent to personal
service upon the owner.

It shall be a valid defense to any such action for the owner of such
vehicle to prove that the same was being driven or used without his
knowledge or consent, express or implied, but the burden of proof
thereof shall be on such owner.

Upon the trial of such action, if the plaintiff recovers damages and
costs, then unless the defendant or someone for him, shall pay such
damages and costs, the court trying the case shall order such vehicle
to be sold by the sheriff of the county or sergeant of the city wherein
the same was impounded or then may be, for the satisfaction of such
damages and costs, which sale shall be advertised and conducted in the
manner prescribed by law for sales of like kind, and for cash in hand,
and: any surplus of the proceeds thereof, after the satisfaction of such
judgment for damages and costs, and the costs and expenses incident
to such seizure, impounding and sale, shall be paid to the owner of such
vehicle; and the officer making such sale shall report thereof, and of the
disposition of the proceeds to the court or justice ordering the sale, but
any impounding or seizure of any motor vehicle by virtue of this act,
or sale thereof hereunder, shall be subject to all valid and properly re-
corded liens thereon and such lienor shall not be liable for any costs
incident to the seizure of such motor vehicle.

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