Chap. 469.—An ACT to amend and reenact Sections 4, 16, 17, 18, 21, 23, 32,
34, 35, 37, 55, 56, and 87 of Chapter 384 of the Acts of the Assembly of
1944, as amended, known and designated as the “Virginia Motor Vehicle
Safety Responsibility Act”. [H 274]

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections four, sixteen, seventeen, eighteen, twenty-one,
twenty-three, thirty-two, thirty-four, thirty-five, thirty-seven, fifty-five,
fifty-six and eighty-seven of chapter three hundred eighty-four of the
Acts of the Assembly of nineteen hundred forty-four, as amended, be
amended and reenacted as follows:

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
insurance carrier not licensed to do business in this State upon compliance
with the provisions of this act, as proof of financial responsibility,

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 non-resident, upon receiving a record of his convic-
tion of any of the following crimes, committed in violation of either a
state law or a valid town, city or county ordinance paralleling and substan-
tially conforming to a like state law and to all changes and amendments of
it: (1) voluntary or involuntary manslaughter resulting from the opera-
tion of a motor vehicle; (2) violation of the provisions of chapter eighty-
seven of the Acts of Assembly of nineteen hundred forty, approved Feb-
Tuary twenty-six, nineteen hundred forty, as now in force or as here-
after amended; or in violation of a valid town, city or county ordinance
parallelling and substantially conforming to chapter eighty-seven of said
Acts of Assembly of nineteen hundred forty; (3) perjury or the making
of a false affidavit to the division under this act or any other law of
the State requiring the registration of motor vehicles or regulating their
operation on highways or the making of a false statement to the division
on any application for an operator’s or chauffeur’s license; (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 driving when the offenses upon which they are based
were committed within a period of twelve consecutive 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 of or injury to another person.

(b) The commissioner shall forthwith revoke and not thereafter
reissue during the period of three years the license of any person, resident
or non-resident, upon receiving a record of the second or other additional
conviction, within a period of ten years, of a violation of the provisions
of chapter eighty-seven of the Acts of Assembly of nineteen hundred
forty, approved February twenty-six, nineteen hundred forty, as now
in force or as hereafter amended, or in violation of a valid town, city
or county ordinance paralleling and substantially conforming to chapter
eighty-seven of said Acts of Assembly of nineteen hundred forty.

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 feebleminded, or (2) committed to, an
institution as an inebriate or an habitual user of drugs, shall forthwith
revoke his license, 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 drugs, upon a
certificate of the person in charge that the releasee is competent.

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

(c) The clerk of the court in which any such adjudication is
made shall forthwith send a certified copy or abstract thereof to the
Commissioner.

(d) The person in charge of every institution of any nature for the
care or cure of the insane, idiots, imbeciles, epileptic, feebleminded,
inebriates, or habitual users of drugs, shall forthwith report to the Com-
missioner in sufficient detail for accurate identification the admission of
every patient,

ection 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 reissue
during the period of suspension or revocation, the operator’s or chauf-
feur’s license issued to any person under the provisions of this act when-
ever it is satisfactorily proved at the hearing conducted by the Commis-
sioner 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 phy-
sical infirmities or disabilities rendering it unsafe for him to drive a motor
vehicle upon the highways, or (4) is habitually a reckless or negligent
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 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

cense.

(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 Commissioner or any of the personnel of the Division designated by

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, within thirty days from
the date of such order or act, file a petition in any court having criminal
jurisdiction in the city, or county in which the petitioner resides for a
review, but the commencement of such proceeding 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 review shall lie in any case in which the revocation of the
license or registration was mandatory except to determine the identity
of the person concerned when the question of identity is in dispute.

(c) From the final judgment of any such court, either the person
who petitioned the court for a review, shall have an appeal as of right to
the Supreme Court of Appeals of Virginia.

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, except that
when five years shall have elapsed from the date of the termination of the
revocation provided by section sixteen of this act, such person may be
relieved of giving proof of his financial responsibility in the future,
provided such person is not required to furnish or maintain proof of
financial responsibility under any other provision of this act.

(b) Reversal on appeal of any conviction because of which convic-
tion 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 32. Not less than thirty or more than ninety days after
receipt 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
to the extent of fifty dollars ($50.00) or more, the Commissioner shall
forthwith suspend the operating license and all registration certificates
and plates of any person operating any motor vehicle in any manner
involved in the accident unless or until the operator or chauffeur has
previously furnished or immediately furnishes 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
operator or chauffeur by or on behalf of any person aggrieved or his
legal representative, and unless and until the operator or chauffeur shall
immediately furnish and thereafter maintain proof of financial respons-
ibility in the future, provided that the Commissioner shall dispense with
the foregoing requirements on the part of any operator or chauffeur
whom he finds to be free from any blame for such accident, and it shall
be his duty to make a finding of fact when so requested by any person
affected and for this purpose he shall consider the report of the investigat-
ing officer, if any, the accident reports and any affidavits of persons
having knowledge of the facts.

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 Cosniitasioner, a written notice that the policy or
bond was in effect at the time of the accident.

Section 35. In case an operator, or chauffeur, or owner has no
license to operate issued by the Division, or no motor vehicle registered
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
necessary if he had held an operator’s or chauffeur’s license or a motor
vehicle registration at the time of the accident in which he was involved
or at the time of the commission of the offense resulting in a conviction
as is mentioned in section sixteen of this act.

Section 37. Cash or securities furnished in compliance with the
requirements of this act shall be placed by the Commissioner in the
custody of the State Treasurer and shall be applicable only to the pay-
ment 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, except that
the said cash or securities may be assigned by the depositor thereof
for the benefit of the person or persons damaged or injured in the accident
as the result of which such cash or securities were filed or deposited
without such damaged or injured person being required to institute legal
proceedings. The Commissioner shall accept and honor such assignment
if, in his opinion, the rights of any other person or persons shall not be
prejudiced thereby.

Section 55, The suspension required by the provisions of this act
contained in sections twenty-four through forty-one shall remain in
effect and the motor vehicle involved in the accident shall not be
registered in the name of the person whose license or registration certi-
ficate was so suspended or in any other name so long as the Commis-
sioner has reasonable grounds to believe that termination of the suspen-
sion or the issuance of license or registration would have the effect
of defeating the purpose of this act, and in no event shall any other
motor vehicle be registered in the name of the person nor any new
licenses be issued him unless and until the judgment is satisfied or stayed
au the judgment debtor gives proof of his financial responsibility in the

uture.

Section 56. (a) The suspension required by the provisions of this
act contained in sections twenty-four through forty-one and_ the prohibi-
tion 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 this 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
him, unless and until he complies with the requirements with respect to
furnishing security or unless and until he has obtained a release, or a
judgment in his favor in an action to recover damages resulting from the
accident, 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 furnished
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 responsibility for
some reason other than for having been involved in the accident.

It is further provided however that any person heretofore or hereafter
required to give and maintain proof of financial responsibility for the
future under the provisions of sections thirty-two, fifty-five and/or fifty-
six of this act are hereby relieved of such requirement after the lapse of a
period of five years from the date of such requirement. It is further pro-
vided that the Commissioner in cases of undue hardship in obtaining said
release may suspend the requirement with reference to the obtaining of
the same as is hereinabove provided.
(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
forthwith, 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 not-
withstanding 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 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 such motor vehicle owned by him to be
operated by another upon any highway except as permitted under this
act, and any non-resident from whom the privilege of operating any
motor vehicle on the highways of this State has been withdrawn as pro-
vided in this act who operates a motor vehicle in this State shall be
guilty of a misdemeanor, and upon conviction be punished by imprison-
ment 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.