CHAPTER 6

An Act to amend and reenact § 28-a, as amended, of Chapter 875 of the
Acts of Assembly of 1946, approved March 28, 1946, being the charter
of the city of Radford, relating to the appointment of special justices
for the city. CH 61]

Approved February 5, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 28-a, as amended, of Chapter 375 of the Acts of Assembly of
1946, approved March 28, 1946, being the charter of the city of Radford,
be amended and reenacted as follows:
_ § 28-a. The council may also appoint * four special justices for the
issuance of warrants of arrest; such justices shall also have power, if the
council so prescribes, to grant or deny bail in proper cases and when bail
is denied to commit persons to jail as provided by law. |
2. An emergency exists and this act is in force from its passage.

CHAPTER 6

§ 12-65. The Uninsured Motorists Fund now or hereafter pro-
vided for by law shall be under the supervision and control of the
State Corporation Commission and shall be paid out, on warrants of the
Comptroller issued on vouchers signed by such person as the Commission
shall designate, for the purpose of reducing the costs of the endorsement
or provisions provided for in paragraph (b) of § 38.1-381 of the Code, in
the manner hereinafter set forth.

§ 12-66. The Commission shall annually, at such time in each year
as it may deem best for the purposes, make distribution from the Fund
among the several insurance companies writing motor vehicle bodily
injury and property damage liability insurance on motor vehicles regis-
tered in the State of Virginia in the proportion that the premium income
for the basic limits coverage of each insurance company (that is, gross
premiums less cancellation and return premiums) for the coverage re-
quirel by pacagrane (b) of § 38.1-881 of the Code of Virginia bears to
e total of such premium income for such coverage written in the State
during the preceding year; provided that before distributing such Fund
among such companies, the Commission shall annually first determine the
proper rate, arrived at in a manner prescribed by the Commission, in
accordance with the standards and procedures set forth in Chapter 6
of Title 38.1 of the Code of Virginia, to be charged by such com-
panies for such endorsement or provision without regard to the funds
to be so distributed; the Commission shall then cause a reduction
of the rate provided for such endorsement or provision in proportion
to the funds to be distributed as provided herein. Should the amount
in the Fund exceed the amount necessary to cover the entire cost to
policyholders of the coverage required by paragraph (b) of § 38.1-381
of the Code, or if for any other reason such funds, or any of them, cannot
be so expended, the balance remaining in the Fund shall be paid into the
general fund in the State treasury. It is the intent of this section that each
policyholder shall have the cost of such endorsement or provision reduced
through such adjustment of rate, so far as possible out of the funds col-
lected from uninsured motorists and distributed as provided herein, and
that such reduction in the cost of such endorsement is intended to serve as
an added inducement to the uninsured motorist to procure insurance cover-
age. The amount payable to any such insurance company hereunder shall
apply only to those companies maintaining records satisfactory to the
Commission as will disclose loss experience under such endorsement.

§ 12-67. The Commission shall have power to issue such rules and
regulations as may be necessary to carry out the provisions and intent
of this chapter. .

2. This act shall be in effect on and after October one, nineteen hundred
fifty-eight.

CHAPTER 6
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
Article 1
General Provisions

§ 46.1-388. The short title of this chapter is “Virginia Motor Vehicle
Safety Responsibility Act’.

§ 46.1-889. Unless a different meaning is clearly required by the
context:

(a) “Conviction” means conviction upon a plea of guilty or the determi-
nation of guilt by a jury or by a court though no sentence has been imposed
or, if imposed, has been suspended and includes a forfeiture 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;

(b) “Insured” means the person in whose name there is issued a motor
vehicle liability policy, as defined in this chapter, and any other person
insured under its terms;

(c) “Judgment” means any judgment for fifty dollars or more arising
out of a motor vehicle accident because of injury to or destruction 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, including any judgment for contribution between joint tortfeasors
arising out of any motor vehicle accident which occurred within this
State, except a judgment rendered against the Commonwealth, which
has become final by expiration without appeal in the time within which
an appeal might be perfected or by final affirmance on appeal rendered
by a court of competent jurisdiction of this State or any other state or
court of the United States or of the Dominion of Canada or its provinces.

(d) “Motor Vehicle” for the purpose of this chapter means every
vehicle which is self-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 devices used exclusively upon stationary rails or
fea fo vehicles used in this State but not required to be licensed by

e ?

(e) “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 pro-
visions of this chapter, as proof of financial responsibility.

§ 46.1-890. It is the legislative intent that this chapter 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 motor vehicles in this State.

§ 46.1-391. This chapter shall not be construed to prevent the plain-
tiff in any action at law from relying upon any other process now or here-
after provided by law.

§ 46.1-392. This chapter, except its provisions as to the require-
ments 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
chauffeurs, does not apply to any motor vehicle: (1) Operated under a
certificate of convenience and necessity issued by the State Corporation
Commission if public liability and property damage insurance for the pro-
tection of the public is required to be carried upon it, or (2) owned by the
Commonwealth.

§ 46.1-893. (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 chapter; likewise included are persons who have been con-
victed of violations of the provisions of any law of this State or law of any
other state or county, city or town ordinance of either or a Federal law
pertaining to the operator, or operation, of motor vehicles or of violations
of any provisions of this title.

(b) Persons against whom judgments are obtained subsequent to Janu-
ary first, nineteen hundred and forty-five, as a result of an action for
damages arising out of an accident involving the operation of a motor
vehicle prior to such date are not subject to the provisions hereof.

§ 46.1-394. A discharge in bankruptcy listing a claim for d eS
arising out of the operation of a motor vehicle shall not relieve the judg-
ment debtor from any of the requirements of this chapter.

§ 46.1-895. (a) This chapter, except §§ 46.1-399 through 46.1-402
shall not apply to any person having registered in his name in this State
more than twenty motor vehicles nor to any person operating more than
twenty vehicles whether as owner or as lessee if such person seeking ex-
emption under this section shall obtain from the Commissioner a certificate
of self-insurance as provided in the following paragraph.

(b) The Commissioner may, in his discretion and upon the application
of such a person, issue a certificate of self-insurance when he is reasonably
satisfied that such person is possessed and will continue to be possessed
of financial ability to respond to a judgment as hereinbefore described,
obtained against such person, arising out of the ownership, maintenance,
use or operation of any of such person’s motor vehicles.

(c) Upon due notice and hearing, the Commissioner may, in his dis-
cretion and upon reasonable grounds cancel a certificate of self-insurance.

§ 46.1-396. The Commsisioner shall administer and enforce the pro-
visions of this chapter and he may adopt regulations for its administra-
tion in accordance with the principles prescribed in § 46.1-390. He may
issue subpoenas for witnesses to attend upon, administer oaths, and take
testimony in, the hearings provided in this chapter for the purpose of
finding whether or not operators’ or chauffeurs’ licenses, registration
plates or registrations should be suspended or revoked and taken up. If
any person shall fail or refuse to obey such subpoena, or to give such
testimony, the Commissioner shall notify the county or municipal court or
circuit court of the county, or the police, circuit, corporation or hustings
court of the city in which such hearing is being or was to have been held.
Upon the receipt of such notice, the court, or the judge thereof in recess,
shall, by appropriate process, compel such attendance or testimony or both,
to ny same extent that the same could be required in a proceeding in such
court.

§ 46.1-397. (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 Title 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 wilfully
failing to comply with this requirement is guilty of a misdemeanor.

(b) The Commissioner is authorized to take possession of any license,
registration certificate or set of registration plates upon their suspension
or revocation under the provisions of this chapter or to direct any police
officer to take possession of and return them to the office of the Com-
missioner.

§ 46.1-398. Any person who violates any provision of this chapter
for which another penalty is not prescribed by law shall be guilty of a
misdemeanor and upon conviction thereof be punished either by imprison-
ment for not more than ninety days or by a fine of not less than one
hundred dollars or more than one thousand dollars or by both such im-
prisonment or fine.

Article 2

Accident Reports, etc.

§ 46.1-899. The driver of any vehicle involved in any accident result-
ing in injury to or death of any person or some person acting for him
shall immediately by the quickest means of communication give notice of
the accident to a State trooper, sheriff or other police official or to the
local police department when the accident occurs within a municipality.
A wilful failure to make the report required in this section shall constitute
a misdemeanor and be punishable under§ 46.1-16.

§ 46.1-400. (a) The driver of a vehicle involved in an accident result-
ing in injury to or death of any person or total property damage to an
apparent extent of fifty dollars, or more, shall, within five days after the
accident, make a written report of it to the Division.

(b) The Commissioner may require any driver of a vehicle involved in
any accident of which report must be made to file a supplemental report
whenever any report is insufficient in his opinion and he may require
witnesses of accidents to render reports to the Division. A wilful failure
to file the report required in this section shall constitute a misdemeanor
and be punishable under § 46.1-16.

§ 46.1-401. Every law enforcement officer who in the course of duty
investigates a motor vehicle accident of which report must be made, either
at the time of and at the scene of the accident or thereafter and elsewhere,
by interviewing participants or witnesses shall, within twenty-four hours
after completing the investigation, forward a written report of the ac-
cident to the Division.

§ 46.1-402. Whenever the driver of a vehicle is physically incapable
of making an immediate or a written report of an accident of which a re-
port is required each other occupant of the vehicle at the time of the ac-
cident, if any, who is capable of so doing must make the report required by
this chapter to be made primarily by the driver. A wilful failure to file the
report required by this section shall constitute a misdemeanor and be
punishable under § 46.1-16.

§ 46.1-403. The Division shall prepare and upon request supply to
police departments, medical examiners or other officials exercising like
functions, sheriffs, garages and other suitable agencies forms for accident
reports and other reports required hereunder to be made to the Division
appropriate with respect to the persons required to make such reports and
the purpose to be served.

§ 46.1-404. Every person holding the office of medical examiner shall
report to the Superintendent of State Police: (1) the death of a person in
his jurisdiction as a result of a motor vehicle accident immediately upon
learning of such death; (2) on or before the tenth day of each month all
deaths resulting from motor vehicle accidents during the preceding calendar
month. Such reports shall be made in the form prescribed by the Super-
intendent of State Police.

§ 46.1-405. Conviction of a failure to report an accident as required or
conviction of a failure to give correctly the information required of him by
the Commissioner in connection with any requisite report shall be a mis-
demeanor and shall constitute a ground for suspension of the operator’s
or chauffeur’s license and all certificates of registration of all motor ve-
hicles, or of both, of the persons failing to make the report as required.
Such suspension shall continue until such time as the person has filed the
accident report as required or has given correctly the information re-
quested by the Commissioner.

46.1-406. The person in charge of any garage or repair shop to
which is brought any motor vehicle that shows evidence of having been in-
volved in a serious motor vehicle accident or with evidence of blood stains
shall report to the nearest police station or to the State Police, within
twenty-four 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. Reports required by this section shall
be made upon forms furnished by the Superintendent of State Police.

§ 46.1-407. All accident reports made by persons involved in acci-
dents or by garages shall be without prejudice to the individual so report-
ing and shall be for the confidential use of the Division or other State
agencies having use for the records for accident prevention purposes, ex-
cept that the Division may disclose the identity of a person involved in an
accident when his identity is not otherwise known or when he denies his
presence at the accident.

§ 46.1-408. No such report shall be used as evidence in any trial,
civil or criminal, arising out of an accident, except that the Division shall
furnish 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 specified
accident report has or has not been made to the Division, solely to prove
compliance or noncompliance with the requirement that the report be made
to the Division.

§ 46.1-409. Subject to the provisions of § 46.1-407 all accident reports
made by investigating officers shall be for the confidential use of the
Division and of other State agencies for accident prevention purposes and
shall not be used as evidence in any trial, civil or criminal, arising out of
any accident. 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 one investigating officer.

§ 46.1-410. But any report of an accident made pursuant to
§§ 46.1-400 through 46.1-402, 46.1-404 (2), 46.1-407 and 46.1-408 shall be
open to the inspection of any person involved or injured in the accident, or
as a result thereof, or his attorney; and provided, further, that the Com-
missioner or Superintendent shall upon written request of any such person
or attorney or any authorized representative of any insurance carrier rea-
sonably anticipating exposure to civil liability as a consequence of the acci-
dent furnish a copy of any such report at the expense of such person, at-
torney or representative. The Commissioner or Superintendent shall only
be required to furnish under this section copies of reports required by the
provisions of this Article to be made directly to the Commissioner or
Superintendent as the case may be.

§ 46.1-411. Any county or incorporated city or town may by ordinance
require that the driver of a vehicle involved in an accident file with a
designated 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 department and subject to the provisions of this
chapter. Provided that such county, city or town may, by ordinance, re-
quire such designated department to make such reports, including the re-
port of the police officer, available to any person involved or injured in the
accident or his attorney or to any authorized representative of any in-
surance carrier reasonably anticipating exposure to civil liability as a con-
sequence of the accident.

§ 46.1-412. Every county or municipal court or the clerk thereof
or clerk of a court of record in this State shall keep a full record of every
case in which:

(a) A person is charged with (1) A violation of any law of this State
pertaining to the operator or operation of a motor vehicle; (2) A violation
of any ordinance of any county, city or town pertaining to the operator or
operation of any motor vehicles except parking regulations;

(b) A person is charged with manslaughter or any other felony in the
commission of which a motor vehicle was used;

(c) There is rendered a judgment for damages the rendering and non-
payment of which under the terms of this title require the Commissioner
to suspend the operator’s or chauffeur’s license and registration in the name
of the judgment debtor.

§ 46.1-413. In the event a person is convicted of a charge described in
subdivision (a) or (b) of § 46.1-412 or forfeits bail or collateral or other
deposit to secure the defendant’s appearance upon such charges unless
the conviction has been set aside or the forfeiture vacated; or in the event
there is rendered a judgment for damages against a person as described in
subdivision (c) of § 46.1-412 every county or municipal court or clerk of a
court of record shall forward an abstract of the record to the Commissioner
within fifteen days after such conviction, forfeiture or judgment has become
final without appeal or has become final by affirmance on appeal. The
Commissioner shall keep such records in the offices of the Division and
they shall be opened to the inspection of any person during business hours,
provided the Commissioner with the approval of the governor may destroy
the record of any conviction, forfeiture or judgment, when five years have
elapsed from the date thereof except those records that alone or in con-
nection with other records will require suspension or revocation of a license
or registration under any applicable provisions of this title.

(d) There shall be allowed to the clerk of any court a fee of fifty
cents for each report hereunder to be taxed and payable as a part of the
court costs.

§ 46.1-414. Abstracts required by § 46.1-413 shall be made upon forms
prepared by the Division, shall include all necessary information as to the
parties to the case, the nature of the offense, the date of hearing, the plea,
the judgment, the amount of the fine or forfeiture as the case may be and
the residence address or whereabouts of the defendant. Every such ab-
stract shall be certified by the county or municipal judge or clerk of such
county or municipal court or clerk of a court of record as a true abstract of
the records of the court.

§ 46.1-415. The clerk of each court of record shall certify to such
court, and every trial justice, as the term is defined in § 1-13.30 shall
certify to the court of record having appellate jurisdiction in the county,
city or town in which the trial justice holds office, or to the judge in
vacation, between the first and tenth of each month that each abstract re-
quired by the provisions of § 46.1-413 to be forwarded to the Commissioner
during the preceding calendar month, has been forwarded as required.
Such certification shall be in such form and contain such information as the
judge may require.

§ 46.1-416. (a) Any person required to forward to the Commissioner
a record of a conviction or of a judgment for damages as provided in this
chapter 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 dere-
liction 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 by this chapter is
cumulative to the other penalties prescribed and may be imposed by the
ou having jurisdiction over the official whose negligence is complained
of.

ARTICLE 8
Revocation of Licenses

§ 46.1-417. The Commissioner shall forthwith revoke, and not there-
after reissue during the period of one year, the license of any person,
resident or nonresident, upon receiving a record of his conviction 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 amendments of it:

(a) Voluntary or involuntary manslaughter resulting from the opera-
tion of a motor vehicle;

(b) Violation of the provisions of § 18-75 or § 18-78, or violation of
a valid town, city or county ordinance paralleling and substantially con-
forming to §§ 18-75 to 18-79;

(c) Perjury or the making of a false affidavit to the Division under
this chapter 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;

(d) 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;

(e) 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; or

(f) 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.

§ 46.1-418. 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, except
that he shall not suspend such registration certificate or registration plates,
unless otherwise required by law, in the event the owner has previously
given, or gives and thereafter maintains, proof of his financial responsi-
bilty in the future in the manner specified in this chapter with respect
to each and every motor vehicle owned and registered by such person.

§ 46.1-419. The Commissioner shall forthwith revoke, and shall not
thereafter reissue during a period of not less than sixty days but shall
thereafter reissue within a period of six months, the license of any person,
resident or nonresident, upon receiving records of two or more successive
and distinct convictions of violations committed within a twelve month
period of any provision of law, or any rules, regulations, or ordinances
duly enacted in pursuance thereof, establishing the lawful rates of speed
of motor vehicles and making the violation thereof punishable as a crime,
provided that if there be more than two such convictions the period during
which such license may not be reissued shall be at least sixty days and
not more than one year. The provisions of §§ 46.1-418 and 46.1-438 shal
not apply to any person whose license is revoked under the provisions of
this section.

§ 46.1-420. (a) The Commissioner shall forthwith revoke and not
thereafter reissue during a period of sixty days the license of any person,
resident or nonresident, upon receipt of a record of his conviction of reck-
less driving and of any provision of law establishing the lawful rates of
speed of motor vehicles when the offenses upon which the convictions are
based were committed within a period of twelve consecutive months.

(b) The two offenses for convictions of which a permit can be revoked
hereunder must have occurred at separate times. The provisions of
§§ 46.1-418 and 46.1-438 shall not apply to any person whose license is
revoked under the provisions of this section.

§ 46.1-421. The Commissioner shall forthwith revoke and not there-
after reissue for three years the operator’s or chauffeur’s license of any
person: (a) upon receiving a record of a second or additional conviction
of such person for a violation of the provisions of § 18-75 pertaining to
driving while under the influence of drugs or intoxicants or of § 18-78
pertaining to driving while the driver’s license has been forfeited for a
conviction under § 18-75, if such violation is committed within a period of
ten years from the first violation of either of such sections or (b) upon
receiving a record of a second or additional conviction for a violation of a
Federal law, or law of any other state or a valid ordinance of any city,
town or county of this state, or of any other state similar to §§ 18-75 or
18-78, committed within a period of 10 years from a first violation of such
Federal law, law of any other state or town, city or county ordinance of
this State or of any other state or of the provisions of §§ 18-75 or 18-78.

§ 46.1-422. (a) In addition to the penalties for reckless driving
prescribed in § 46.1-192 and except in those cases for which a revocation of
license is provided in paragraph (e) of § 46.1-417 any court may suspend
any license issued to a convicted person under Chapter 5 of this title for a
period of not less than 10 days nor more than 6 months and such court shall
require the convicted person to surrender his license so suspended to the
court where it will be disposed of in accordance with § 46.1-425.

(b) If a person so convicted has not obtained the license required by
such chapter, or is a nonresident, the court may direct in the judgment of
conviction that such person shall not, for a period of not less than 10
days or more than 6 months as may be prescribed in the judgment, drive
or operate any motor vehicle in this state. The court or the clerk of court
shall transmit the license to the Commissioner along with the report of the
conviction required to be sent to the Division. Where the conviction is a
second conviction which will require revocation under § 46.1-417, the court
shall suspend the operator’s or chauffeur’s license of such person and there-
upon transmit the same to the Division of Motor Vehicles as provided by
aw.

§ 46.1-428. When any person shall be convicted of reckless driving
for exceeding a speed of 65 or 75 miles per hour as the case may be upon
the highways of this state under § 46.1-190 (i) or § 46.1-190 (1), then in
addition to any other penalties provided by law, except in those cases for
which revocation of licenses is provided in § 46.1-417, the operator’s or
chauffeur’s license of such person shall be suspended by the court or judge
for a period of not less than 60 days nor more than 6 months. In case of
conviction the court or judge shall order the surrender of the license to
the court where it shall be disposed of in accordance with the provisions
of § 46.1-425. Where the conviction is a second conviction which would
require revocation under the provisions of § 46.1-417, the court shall
suspend the operator’s or chauffeur’s license of such person and there-
upon transmit the same to the Division of Motor Vehicles as provided by
aw. If such person so convicted has not obtained a license required by
Chapter 5 of this Title or is a nonresident, such court may direct in the
judgment of conviction that for such period of not less than ten days nor
more than six months, as may be prescribed in the judgment, such person
shall not drive or operate any motor vehicle in this State.

_ _ § 46.1-424. When the driver of any motor vehicle is convicted of a
violation of any of the provisions of §§ 46.1-189, 46.1-190, 46.1-213, 46.1-221,
46.1-222 or 46.1-223, or of any of the applicable speed limits prescribed in
§ 46.1-193 and such violation was committed while operating a motor
vehicle, tractor truck trailer or semitrailer, transporting explosives or any
inflammable gas or liquid, in addition to any other penalty imposed, the
court may suspend the operator’s or chauffeur’s license of such person 80
convicted for a period of ninety days from the date of conviction. This
penalty shall be in addition to any other penalties for such violation.

§ 46.1-425. (a) In any case in which the accused is convicted of an
offense, upon the conviction of which the law requires revocation or suspen-
sion of the operator’s or chauffeur’s license of the person so convicted, the
court shall order the surrender of such license, which shall remain in the
custody of the court until (1) the time allowed by law for appeal has
elapsed, when it shall be forwarded to the Commissioner, or (2) an appeal
is effected and proper bond posted, at which time it shall be returned to
the accused.

(b) Provided, however, when the time of suspension or revocation
coincides or approximately coincides with the appeal time, the court may
retain the license and return the same to the accused upon the expiration
of the suspension or revocation.

§ 46.1-426. The Division shall revoke an operator’s license or
chauffeur’s license whenever the person to whom the license has been issued
shall make or permit to be made an unlawful use of the same or permit
the use thereof by a person not entitled thereto or fail or refuse to pay
within the time prescribed by law, any lawful road taxes due the State.

§ 46.1-427. (a) The Commissioner, upon receipt of notice that any
person has been legally adjudged to be mentally ill, epileptic, or mentally
deficient, shall forthwith suspend his license but he shall not suspend the
license if the person has been adjudged competent by judicial order or
decree, or discharged as recovered from an institution for the mentally
ill, epileptic or mentally deficient or, having been committed as mentally
ill, is found after examination to be not mentally ill.

(b) In any case in which the person’s license has been suspended prior
to his release it shall not be returned to him unless the Commissioner is
satisfied, after an examination such as is required of applicants by § 46.1-
369, that such person is competent to operate a motor vehicle with safety
to persons and property.
(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.

§ 46.1-428. (a) The Commissioner, upon receipt of notice that any
person has been committed to, or has been admitted to an institution as an
inebriate, or an habitual user of drugs, shall forthwith suspend his license.
Such suspension shall be terminated by the Commissioner after the release
of the person from the institution, in the event the Commissioner is
furnished a statement executed by two members of the Commission com-
mitting such person, or by the judge of the county or municipal court of
the jurisdiction in which such person resides, that the person is sufficiently
recovered to operate a motor vehicle safely. If the two members of the
Commission, or the judge of the county or municipal court fail or refuse
to execute said statement, the person affected may appeal to the circuit
court having jurisdiction. Provided, if such person shall thereafter re-
turn to an institution for the care or treatment of inebriates or habitual
users of drugs the license shall be forthwith suspended and not thereafter
be reissued until such person is adjudged competent by judicial order or
decree, or discharged as cured from an institution for the cure of inebriates
or for the treatment of habitual users of drugs.

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

(c) Any person heretofore required to give proof of financial respon-
sibility by reason of his commitment to an institution as an inebriate, or
an habitual user of drugs, shall be relieved of such requirement as of July
one, nineteen hundred fifty-four.

§ 46.1-429. The person in charge of every institution of any nature
for the care or cure of the mentally ill, epileptic, mentally deficient,
inebriates or habitual users of drugs, shall forthwith report to the Com-
missioner in sufficient detail for accurate identification the admission of
every patient.

§ 46.1-480. (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 chauffeur’s
license issued to any person under the provisions of this chapter whenever
it is satisfactorily proved at the hearing conducted by the Commissioner
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,

(2) Is incompetent to drive a motor vehicle,

(3) Is afflicted with mental or physical infirmities or disabilities
rendering it unsafe for him to drive a motor vehicle upon the highways,
(4) Is habitually a reckless or negligent driver of a motor vehicle,

(5) Has committed a serious violation ef the motor vehicle laws of
this State,

(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 in this section, may take into consideration
facts and conditions antedating the issuance of the current license.

§ 46.1-481. (a) The notice of a hearing when mailed to any person,
as provided in § 46.1-480 shall contain:

(1) A specific statement of the alleged offense or offenses or other
grounds for suspension or revocation of the license, including the date,
time and place thereof when applicable.

(2) The date, time and place of the hearing; ;

(3) The names and addresses of all known witnesses whose testimony
is proposed to be taken at the hearing;

(4) As to any record of conviction of any offense which is to be offered
as Se tence, the date of such conviction and the court in which the same
was had.

(b) If these requirements are complied with it shall be sufficient re-
gardless of whether or not the licensee appeared and regardless of whether
or not the notice was ever received.

§ 46.1-482. The hearing shall be in the county or city where the li-
censee 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 him.

§ 46.1-433. (a) In any such hearing all relevant and material evidence
shall be received, except that:

(1) The rules relating to privileged communications and privileged
topics shall be observed; (2) hearsay evidence shall be received only ac-
cording to the rules of evidence prevailing in courts of record; and (3)
secondary evidence of the contents of a document shall be received only if
the original is not readily available.

(b) All reports of inspectors and subordinates of the Division and other
records and documents in the possession of the Division bearing on the
case subject to the provisions of subsection (a) of this section shall be in-
troduced at the hearing. Any certified copy of any conviction forwarded
fo the Commissioner under the provisions of § 46.1-418 of this chapter, shall
be prima facie evidence of such conviction, and may be introduced in evi-

ence.

(c) Subject to the provisions of subsection (a) of this section, every
party shall have the right to cross-examine adverse witnesses and any
inspector or subordinate of the Division whose report is in evidence, and
to submit rebuttal evidence.

(d) The decision shall be based only on evidence received at the
hearing and matters of which a court of record could take judicial notice.

§ 46.1-434. The Commissioner may appoint one or more persons to
conduct the hearings provided for in this Title. Such hearing officers are
hereby authorized to administer oaths, take acknowledgments and affi-
davits, take testimony and depositions, and perform such other duties
which are incidental to conducting such hearings.

§ 46.1-435. Any decision or order of the Commissioner to be valid and
operative, must be reduced to writing and contain the explicit findings of
fact and conclusions of law upon which the decision or order of the Com-
missioner is based. Certified copies of the decision or order shall be de-
livered to any party affected by it.

§ 46.1-436. 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 as pro-
vided in § 46.1-431 and hearing as provided in §§ 46.1-482, 46.1-438,
46.1-434 and 46.1-485 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 any of
the provisions of Chapters 1 through 4, inclusive, of this title 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 certificates and
registration plates for any motor vehicle.

§ 46.1-487. (a) Any person aggrieved by an order or act of the
Commissioner requiring suspension or revocation of a license or registra-
tion under the provisions of this chapter, may, within thirty days from the
date of such order or act, file a petition of appeal in the Circuit Court of
the city of Richmond or any court of record having jurisdiction in the city
or county wherein such person resides, which said courts shall have juris-
diction thereof, with a copy of said petition being sent to the Commissioner
at the time of the filing of the same in the aforesaid court, and the original
shall show by certificate the date of mailing such copy to the Commissioner.
No appeal 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.

(b) Within thirty days thereafter, if such notice of appeal relates to
an order or act of the Commissioner suspending or revoking a license or
registration pursuant to the provisions of §§ 46.1-420 or 46.1-435 of this
article, the Commissioner shall transmit to the clerk of the court to which
the appeal is taken:

(1) A copy of the notice of the hearing.

(2) A copy of the order appealed from.

(3) The transcript of the testimony together with a certificate that
it is correct.

(4) The exhibits.

(c) The failure of the Commissioner to transmit the record within the
time allowed shall not prejudice the rights of the appellant. The court, on
motion of the appellant, may enter an order requiring the Commissioner to
transmit the record on or before a certain date.

(d) The court, sitting without a jury, shall hear the appeal on the
record transmitted by the Commissioner and such additional evidence as
may be necessary to resolve any controversy as to the correctness of the
record, and the court shall receive such other evidence as the ends of
justice require.

(e) The court may affirm the decision of the Commissioner or remand
the case for further proceedings; or it may reverse or modify the decision if
the findings, conclusion, or decision of the Commisisoner are (1) in violation
of constitutional provisions or (2) in excess of statutory authority or
jurisdiction of the Commissioner; or (3) made upon unlawful procedure;
or (4) affected by other error of law; or (5) unsupported by the evidence
on the record considered as a whole; or (6) arbitrary, capricious, or an
abuse of discretion; or (7) if such other evidence is heard may affirm,
reverse or modify the decision as the ends of justice require.

(f) The filing of a notice of appeal shall not operate to stay the en-
forcement of the order. The appellant, at any time after the filing of his
notice of appeal, may apply to the court to which he has appealed for a
stay. The application shall be on motion after notice to the Commissioner,
and a stay pending the appeal shall be granted, provided the applicant
enter into proper bond in an amount to be determined by the court (not
to exceed $1000) to observe the motor vehicle laws of this Commonwealth,
unless it appears to the court that immediate enforcement of the order is
essential to the public safety.

(g) From the final decision of the court of record, either the person
who petitioned the court for an appeal or the Commissioner shal] have an
appeal as of right to the Supreme Court of Appeals of Virginia.

46.1-488. (a) The Commissioner may refuse, after a hearing if de-
manded 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 neces-
sary for the safety of the public upon the highways of the State.

(b) Before granting or restoring a license or registration to any
person whose operator’s or chauffeur’s license or other privilege to operate
motor vehicles or privilege to register a motor vehicle has been revoked or
suspended pursuant to the provisions of §§ 46.1-417, 46.1-418, 46.1-421 and
46.1-442, the Commissioner shall require proof of financial responsibility
in the future as provided in Article 6 of this chapter, but no person shall
be licensed who may not be licensed under the provisions of §§ 46.1-357
through 46.1-362.

d 46.1-439. Every 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 pro-
visions of this chapter, except that when five years shall have elapsed from
the date of the termination of the revocation provided by § 46.1-417 or
§ 46.1-421, or in the case of a suspension pursuant to the provisions of
§ 46.1-442, when five years have elapsed from the date of satisfaction of
the judgment or judgments, 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 chapter. The requirement of this section for giving
and maintaining proof of financial responsibility shall not, however,
ret pe case of a person whose license has been revoked under

§ 46.1-440. Reversal on appeal of any conviction because of which
conviction any license or registration has been suspended or revoked pur-
suant to the provisions of this chapter will entitle the holder to the restora-
tion thereof forthwith without proof of financial responsibility.

§ 46.1-441. Wherever it is provided in this title that the operator’s or
chauffeur’s license, or the registration certificates or license plates of any
person be suspended or revoked for a period of time on conviction of cer-
tain offenses, or after a hearing before the Commissioner of Motor Vehicles
as provided by law, such period shall be counted from one hundred eighty
days after said conviction becomes final or after the order of the Com-
missioner, as a result of such hearing, becomes final, or shall be counted
from the date on which said license, certificate or plates are surrendered
to the Commissioner or his agent, or to the court or clerk thereof, regard-
less of whether or not the record of conviction has been received by the
Commissioner or his agent, whichever period shall first commence; pro-
vided, however, that the provisions of this section shall not apply in any
case where the person whose license is subject to suspension or revocation
gives a false name or otherwise conceals his identity.

ARTICLE 4
Suspension for Unsatisfied Judgments or After Certain Accidents

46.1-442. (a) The Commissioner shall suspend the operator’s or
chauffeur’s license and all of the registration certificates and registration
plates issued to any person who has failed for a period of thirty days to
satisfy any judgment in an amount and upon a cause of action as herein-
after stated, immediately upon receiving an authenticated report as herein-
after 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.

§ 46.1-448. The Commissioner shall take action as required in § 46.1-
442 upon receiving proper evidence that the person has failed for a period
of thirty days to satisfy any judgment, in amount and upon a cause of
action as stated in §§ 46.1-442 and 46.1-389 (c), rendered by a court
of competent jurisdiction of this State, any other state of the United
States, the United States, the Dominion of Canada or its provinces.

_§ 46.1-444. (a) Every judgment for damages in any motor vehicle
accident herein referred to shall for the purpose of this Chapter only be
deemed satisfied :

(1) When paid in full or when ten thousand dollars has been credited
upon any judgment or judgments rendered in excess of that amount be-
cae of bodily injury to or death of one person as the result of any one
accident;

_(2) When, subject to the limit of ten thousand dollars because of
bodily injury to or death of one person, the judgment has been paid in
full or when the sum of twenty 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
dollars has been credited upon any judgment or judgments rendered in
excess 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 because of bodily
injury, death or property damage arising from a motor vehicle accident
shall be credited in reduction of the amount provided in this section.

§ 46.1-445. 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.

§ 46.1-446. The Commissioner shall not suspend a license or regis-
tration of a motor vehicle and shall restore any license or registration sus-
pended following nonpayment of a judgment, if the judgment debtor ob-
tains an order from the court in which the judgment was rendered per-
mitting payment of the judgment in installments and if the judgment
debtor gives proof of his financial responsibility in the future as herein-
after provided.

§ 46.1-447. If the judgment debtor fails to pay any installment as
permitted by the order of the court, then upon notice of default the Com-
missioner shall forthwith suspend the license and registration certificates
and registration plates of the judgment debtor until the judgment is satis-
fied as provided in this chapter, except that the judgment debtor may
apply, after due notice to the judgment creditor, to the court which allowed
installment payment of the judgment, within thirty days after the default,
for resumption of the privilege of paying the judgment in installments,
if past due installments are first paid.

§ 46.1-448. If the judgment creditor consents in writing, in such
form as the Commissioner prescribes, that the judgment debtor be allowed
a license and registration the Commissioner may allow the same, notwith-
standing default in the payment of the judgment or any installment
thereof, for six months from the date of consent and thereafter until it is
revoked in writing, if the judgment debtor furnishes proof of his financial
responsibility in the future as hereinafter provided.

§ 46.1-449. 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 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 acci-
dent as may be recovered against the operator or chauffeur by or on behalf
of any person aggrieved or his legal representative; 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 investigating officer, if any, the accident reports and
any affidavits of persons having knowledge of the facts.

§ 46.1-450. The provisions of § 46.1-449 shall not apply to:

(a) 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 author-
ized 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 substan-
tially the equivalent of a standard provisions automobile liability policy;
. b) An operator or chauffeur if not the owner of the motor vehicle,
if there was in effect at the time of the accident 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

(c) An owner, operator or chauffeur if his liability for damages
resulting from the accident is, in the judgment of the Commissioner,
covered by any other form of liability insurance policy issued by an insur-
ance carrier authorized to do business in this State or by a bond; pro-
vided, that 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 ten 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 twenty thousand dollars because of bodily injury to
or death of two or more persons in any one accident and, if the accident
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.

§ 46.1-451. (a) Upon receipt of notice of the accident, the insurance
carrier or surety company which issued the policy or bond shall determine
whether or not the policy or bond was applicable to liability if any there
was, as to the named insured and any other person using the automobile,
resulting from the accident. Thereupon and not later than sixty days
following receipt of notice of the accident, the insurance company or surety
company shall cause to be filed with the Commissioner a written notice
that the policy or bond was or was not applicable to liability if any there
was, as to the named insured and any other person using the automobile,
resulting from the accident.

(b) If the records of the Division of Motor Vehicles reasonably in-
dicate that any insurance carrier or surety company does not cause to be
filed the notice herein required, the Commissioner shall report every
such omission to the State Corporation Commission.

(c) The State Corporation Commission shall investigate every such
report of omission. If the Commission shall find that any insurance
carrier or surety company licensed to transact business in this State,
without good reason, has failed to cause to be filed the notice required
hereunder, the State Corporation Commission may assess such carrier or
company the sum of fifty dollars for each such omission.

§ 46.1-452. In case an operator, 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 chapter 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
§§ 46.1-417 and 46.1-421.

§ 46.1-453. Security, when required, shall be in such form and amount
as the Commissioner prescribes.

_ § 46.1-454. Cash or securities furnished in compliance with the re-
quirements of this chapter shall be placed by the Commissioner in the
custody of the State Treasurer and shall be applicable only to the payment
of any judgment against the depositor for damages arising out of the
accident in 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
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
ppinien the rights of any other person or persons shall not be prejudiced

ereby.

§ 46.1-455. In lieu of deposit of security when required pursuant to
the provisions of this chapter the motor vehicle owner, operator or chauf-
feur may, if 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, make a confession of judgment for the
amount payable or in such installments as agreed upon and deliver to the
Commissioner an abstract thereof.

§ 46.1-456. In the event the judgment debtor fails to pay any install-
ment if the judgment is payable in installments upon notice of default the
Commissioner shall forthwith suspend the license and registration certifi-
cates and registration plates of the judgment debtor until the judgment
is satisfied as provided in this chapter.

§ 46.1-457. In no case may a confession of judgment be used in lieu
of future financial responsibility as required by this chapter.

§ 46.1-458. The provisions of §§ 46.1-449 through 46.1-457 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, or to the owner or the operator of a motor vehicle which, when
parked not in violation of law, is involved in an accident.

§ 46.1-459. (a) The suspensions required by the provisions of
§ 46.1-449 shall continue until the person whose license or registration cer-
tificate and plates have been suspended

(1) Furnishes security as required by § 46.1-449 or

(2) Satisfies within thirty days final judgments on behalf of all parties
aggrieved as prescribed in § 46.1-444 or

(3) Has final judgment returned in his favor in actions brought by
or on behalf of all parties aggrieved or

(4) Obtains releases from all parties aggrieved or

(5) Has no actions brought against him by parties aggrieved for a
period of one year from the date of the accident and has not agreed to pay
anything for damages resulting from the accident.
_ (b) The suspensions required by the provisions of § 46.1-442 shall con-
tinue except as otherwise provided by §§ 46.1-446 and 46.1-448 until the
person satisfies the judgment or judgments as prescribed in § 46.1-444 and
gives proof of his financial responsibility in the future. .

(c) The motor vehicle involved in the accident upon which the sus-
pension under § 46.1-449 or § 46.1-442 is based shall not be registered in
the name of any other person when the Commissioner has reasonable
grounds to believe that the registration of the vehicle will have the effect of
defeating the purpose of this chapter and no other motor vehicle shall be
registered, and no operator’s or chauffeur’s license or instruction permit
shall be issued in the name of the person suspended except as prescribed in
§ 46.1-469 until the suspension is terminated.

(d) The provisions of this section shall not relieve any person from
giving or maintaining proof of his financial responsibility when he is re-
quired so to do for some reason rather than having been involved in a
motor vehicle accident.

§ 46.1-460. The State shall be responsible for the safekeeping of all
bonds, cash and securities deposited with the State Treasurer under the
provisions of this chapter, and if the deposit or any part thereof be lost,
destroyed or misappropriated the State shall make good the loss to any
person entitled thereto.

46.1-461. Bonds, cash or securities so deposited shall only be
released by the State Treasurer upon consent of the Commissioner given
in conformity with the terms of this chapter.

ARTICLE 5
Nonresidents and Accidents in Other States

§ 46.1-462. Whenever by the laws of this State the Commissioner may
suspend or revoke: (1) The license of a resident operator or chauffeur,
or (2) the registration certificates and registration plates of a resident
owner, he may: (1) suspend or revoke the privilege of operating a motor
vehicle in this State by a nonresident operator or chauffeur and (2) sus-
pend the privilege of operating a vehicle owned by a nonresident whether
such vehicle is registered in this State or not.

§ 46.1-468. Every provision of this chapter 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
chapter with respect to furnishing security and giving proof of financial
responsibility in the future.

§ 46.1-464. 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 operation
within this State of any motor vehicle owned by him.

§ 46.1-465. Upon conviction of a nonresident or in case any unsatis-
fied judgment results in 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 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 chapter, the Commissioner shall
transmit a certified copy of the record of the conviction or the unsatisfied
judgrnent, or any other action pursuant to this chapter resulting in suspen-
sion of a nonresident’s driving privileges in this State and the prohibition
of the operation within this State of any motor vehicle owned by such
nonresident, to the motor vehicle commissioner or officer performing the
functions of a commissioner in the state of the United States, territory
or possession under the exclusive control of the United States, or the
Dominion of Canada or its provinces in which the nonresident resides.

§ 46.1-466. (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 jurisdiction of
this State, any other State of the United States, the United States, the
Dominion of Canada or its provinces or any territorial subdivision of such
state or country, 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. No sus-
pension or revocation under this paragraph shall continue for a longer
period in this State than in the jurisdiction in which such offense occurred,
provided such person gives proof of his financial responsibility in the
future for the period provided in § 46.1-489 of this chapter.

(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, the Dominion of
Gama or its provinces or any territorial subdivision of such state or
country.

Article 6
Proof of Financial Responsibility

§ 46.1-467. Proof of financial responsibility in the amounts required
by this chapter shall be furnished for each motor vehicle registered by the
person required to furnish such proof.

§ 46.1-468. Proof of financial responsibility when required under
this chapter may be given by proof that:

(a) A policy or policies of motor vehicle liability insurance have been
obtained and are in full force and effect.

(b) A bond has been duly executed.

(c) A deposit has been made of money or securities, or

(d) A self-insurance certificate has been filed, all as herein provided.

§ 46.1-469. When the Commissioner finds that any person required
to give proof or furnish security under this chapter 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 financial respon-
sibility given by the owner in lieu 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 is furnished proof of financial
responsibility by his employer, he shall not be required to furnish security.
The Commissioner shall designate the restrictions imposed by this section
on the face of such person’s, operator’s or chauffeur’s license.

§ 46.1-470. 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 behalf of
another as provided by this chapter 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 § 46.1-395.

§ 46.1-471. (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 required to
furnish proof of financial responsibility. This certificate shall give its
effective date and the effective date of the policy and, unless the policy
is issued to a person who is not the owner of a motor vehicle, must desig-
nate by explicit description 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.

_ ,§ 46.1-472. A nonresident owner of a vehicle not registered in Vir-
ginia may give proof of financial responsibility by filing with the Com-
missioner a written certificate or certificates of an insurance carrier not
authorized to transact business in this State but authorized to transact
business in any other state, any territory or possession of the United
States and under its exclusive control, the Dominion of Canada or its
provinces or the territorial subdivisions of such states or countries, in
which such motor vehicle described in the certificate is registered or, if
the nonresident does not own a motor vehicle, then in the like jurisdiction
in which the insured resides and otherwise conforming to the provisions
of this chapter. The Commissioner shall accept the same if the insurance
carrier, in addition to having complied with all other provisions of this
chapter as requisite, shall:

(a) Execute a power of attorney authorizing 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;

(b) 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 chapter relating to the terms of motor
vehicle liability policies issued herein;

(c) 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;

(d) Deposit with the State Treasury cash or securities such as are
mentioned in § 46.1-485 or the surety bond of a company authorized to do
business in Virginia equal in value to twenty-one thousand dollars for
each insurance policy filed as proof of financial responsibility.

§ 46.1-473. If a nonresident required to file a certificate of insurance
under this chapter files the certificate of insurance of a company authorized
to do business in this State the provisions of § 46.1-472 shall not apply.

§ 46.1-474. If any insurance carrier not authorized to do business in
this state which is qualified to furnish proof of financial responsibility
defaults in any of its undertakings or agreements, the Commissioner shall
not thereafter accept any certificate of that carrier so long as the default
continues and shall revoke licenses theretofore granted on the basis of its
policies unless the default be immediately repaired.

§ 46.1-475. This chapter does not apply to or affect:

(a) 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 chapter shall be accepted
as proof of financial responsibility when required under this chapter or

(b) Policies insuring solely the insured named in the policy against
liability resulting from the maintenance, use or operation by persons in the
insured’s employ or in his behalf of motor vehicles not owned by the in-

ured.
§ 46.1-476. The bond mentioned in § 46.1-468 (b) shall be duly
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 and the
real estate shall be scheduled in the bond. But the Commissioner may not
accept any real estate bond unless it is first approved by the judge of the
circuit court of the county or the corporation, hustings or other court of
record of the city wherein the real estate is located.

§ 46.1-477. The Commissioner shall not accept any such bond unless
it is conditioned for payments in amounts and under the same circum-
stances as would be required in a motor vehicle liability policy furnished
by the person giving proof.

_ § 46.1-478. No such bond shall be cancelled unless twenty days’ prior
written notice of cancellation is given the Commissioner but cancellation
of the bond shall not prevent recovery thereon with respect to any right or
cause of action arising prior to the date of cancellation.

§ 46.1-479. A bond with individual sureties shall constitute a lien in
favor of the State upon the real estate of any individual surety. The lien
shall exist in favor of any holder of any final judgment against the principal
on account of damage to property or injury to or death of 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.

§ 46.1-480. Notice of cancellation is to be signed by the Commissioner
or by someone designated by him and the seal of the Division placed there-
on. 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 indices thereto for grantors and grantees, under the respective
names of the individual sureties in the column for grantors, and the Com-
monwealth of Virginia in the column for grantees, for which he shall re-
ceive the sum of two dollars and fifty cents to be paid by the principal in
full payment of all services in connection with the recordation and release
of the bond. The clerk shall place on the notice a statement showing the
time of recording and the book and page of recording and return the notice
to the Commissioner.

§ 46.1-481. When a bond with individual sureties filed with the Com-
missioner is no longer required under this chapter, the Commissioner shall,
upon request, cancel it as to liability for damage to property or injury
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.

§ 46.1-482. Upon satisfactory proof that the bond has been cancelled
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 effect, the
judge in the clerk’s office of which the bond was admitted 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.

§ 46.1-483. If a final judgment rendered against the principal on the
bond filed with the Commissioner as provided in this chapter 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.

§ 46.1-484. When the sureties on the bond are individuals the judg-
ment 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.

_ § 46.1-485. A person may give proof of financial responsibility by
delivering to the Commissioner twenty-one thousand dollars in cash or in
securities such as fiduciaries may invest in according to the provisions of
§§ 26-40 through 26-45.

§ 46.1-486. All moneys or securities so delivered to the Commissioner
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 chapter for motor vehicle liability insurance policies.

§ 46.1-487. (a) 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 depositor 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 chapter.

(b) 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 chapter.

§ 46.1-488. 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 chapter,
and upon his direction to such effect the State Treasurer shall return any
money or securities on deposit with him to the person entitled thereto.

§ 46.1-489. The Commissioner and the State 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 Commonwealth under this chapter.

§ 46.1-490. Whenever any proof of financial responsibility filed by
any person under the provisions of this chapter no longer fulfills the pur-
pose for which required the Commissioner shall require other proof of
financial responsibility as required by this chapter and shall suspend such
person’s, operator’s or chauffeur’s license, registration certificates and
registration plates pending the furnishing of proof as required.

§ 46.1-491. The Commissioner, upon request and subject to the pro-
visions of § 46.1-492 shall consent to the cancellation of any bond or in-
surance policy or to the return to the person entitled thereto of any money
or securities deposited pursuant to this chapter as proof of financial re-
aponsibrilty or he shall not require proof of financial responsibility in the
event:

(a) Of the death of the person on whose behalf the proof was filed ;

(b) Of his permanent incapacity to operate a motor vehicle; or

(c) 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.
§ 46.1-492. (a) Notwithstanding the provisions of § 46.1-491 the
Commissioner shall not release the proof in the event:

(1) Any action for damages upon a liability included in this chapter
is then pending;

(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 in-
volved as a driver in any motor vehicle accident.

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

§ 46.1-493. Whenever any person to whom proof has been surrendered
as provided in § 46.1-491 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.

§ 46.1-494. The Commissioner upon request shall furnish any in-
surance carrier or any person or surety a certified abstract of the operating
record of any person subject to the provisions of this chapter. The abstract
shall fully designate the motor vehicles, if any, registered in the name of
the person and, if there is no record of the conviction of the person of a
violation of any provision of any statute or ordinance relating to the
operation of a motor vehicle or of any injury or damage caused by him as
provided in this chapter, the Commissioner shall so certify, upon the pay-
ment to him of a fee of one dollar; provided further, however, that such
certified abstract shall not be admissible in evidence in any court proceed-
ings.

§ 46.1-495. Any person whose registration certificate has been sus-
pended or revoked, restoration thereof or the issuance of a new registra-
tion being contingent upon the furnishing of proof of financial responsi-
bility, 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 chapter 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 nor more than five hundred dollars, either or both.

§ 46.1-496. Any person who forges or without authority signs any
evidence of ability to respond in damages or knowingly attempts to employ
or use any evidence of ability to respond in damages, as required by the
Commissioner in the administration of this chapter shall be guilty of
a misdemeanor and upon conviction be punished by a fine of not more than
one Speisand dollars or imprisonment for not more than thirty days, either
or 7

ARTICLE 7
Assignment of Risks

§ 46.1-497. 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 (hereinafter called the “Commission’’) to have his risk
assigned to an insurance carrier licensed to write and writing motor
vehicle liability insurance in this State and the insurance carrier, whether
a stock or mutual company, reciprocal or interinsurance 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 re-
loa ga for establishing financial responsibility as provided in this
chapter.

§ 46.1-498. (a) The Commission may 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 chapter 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.

_ § 46.1-499. The Commission may, if in its judgment it deems such
action to be justified after reviewing all information pertaining to the
applicant or policyholder available from its records, the records of the
Division of Motor Vehicles or from other sources:

(a) Refuse to assign an application;

(b) Approve the rejection of an application by an insurance carrier;

_(c) Approve the cancellation of a motor vehicle liability policy by
an insurance carrier; or
" (d) Refuse to approve the renewal or the reassignment of an expiring
policy.

§ 46.1-500. Any and all information filed with the Commission by an
insurance carrier in connection with an assigned risk shall be confidential
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.

§ 46.1-501. (a) 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; or

(4) Refusing to approve the renewal or the reassignment of an
expiring policy.

(b) The Commission shall not nor shall 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 chapter, except upon proof
of actual malfeasance.

§ 46.1-502. The provisions of this chapter 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 regis-
tered and used in this State.

§ 46.1-508. Notwithstanding the provisions of § 46.1-392, the pro-
visions of this chapter relating to assignment of risks shall be available
to carriers by motor vehicle who are required by law or by regulation of
the State Corporation Commission to carry public liability and property
damage insurance for the protection of the public.

Article 8
Policies
§ 46.1-504. Every owner’s policy shall:
(a) Designate by explicit description or by appropriate reference, all

motor vehicles with respect to which coverage is intended to be granted.
(b) 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.

(c) Insure the insured or other person against loss from any liability
imposed 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 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 in the United States, any territory, district or
possession of the United States and under its exclusive control or the
Dominion of Canada, subject to a limit exclusive of interest and costs, with
respect to each motor vehicle, of ten thousand dollars because of bodily
injury to or death of one person in any one accident and, subject to the
limit for one person, to a limit of twenty 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.

§ 46.1-505. 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.

§ 46.1-506. Every policy of insurance subject to the provisions of
this chapter:

(a) Shall contain an agreement that the insurance is provided in
accordance with the coverage defined in this chapter as respects bodily
injury, death, property damage and destruction and that it is subject to
all the provisions of this chapter and of the laws of this State relating to
this kind of insurance; and

(b) May grant any lawful coverage in excess of or in addition to the
coverage herein specified and this excess or additional coverage shall not
be subject to the provisions of this chapter but shall be subject to other
applicable laws of this State.

§ 46.1-507. No policy required under this chapter shall be issued or
delivered in this State unless it complies with §§ 38.1-882 through 38.1-388,
with all other applicable and not inconsistent laws of the State now or
hereafter in force, and with the terms and conditions of this chapter.

§ 46.1-508. Policies issued under the provisions of this chapter 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.

§ 46.1-509. The provisions of this chapter shall not apply to any
policy of insurance except as to liability thereunder incurred after certifica-
tion thereof as proof of financial responsibility.

§ 46.1-510. Several policies of one or more insurance carriers which
together meet the relevant requirements of this chapter shall be deemed
a motor vehicle liability policy within the meaning of this chapter.

. ; 46.1-511. Every policy shall be subject to the following provisions
which need not be contained therein:

_ (a) 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 account of the loss or damage;

(b) 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;

.__,,(¢) 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 ;

(d) 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;

_.. (e) If the death, insolvency 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; and

(f) No statement made by the insured 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 within the limits provided in this chapter.

§ 46.1-512. Any policy may provide:

(a) 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; or

(b) For proration of the insurance with other applicable valid and

collectible insurance.
_ ,,§ 46.1-518. Insurance carriers authorized to issue policies as provided
in this chapter 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
soeur The provisions of this chapter apply to such binders and endorse-
ments.

§ 46.1-514. When an insurance carrier has certified a policy under
the provisions of this chapter the insurance so certified cannot be can-
celled or terminated until at least twenty days after notice of cancellation
or termination of the insurance has been filed in the office of the Com-
missioner, except that a subsequent policy 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 certificates.
Any policy required to be filed under the provisions of this chapter shall
be marked “paid” by the issuing agent.

PART IV
MOTOR VEHICLE DEALERS