Chap. 324.—An ACT to amend and re-enact section 2 of an act entitled an act
to provide for the suspension of operator’s and chauffeur’s licenses and reg-
istration certificate, and the right of non-residents to operate a motor vehicle,
in certain cases; to prescribe procedure where damages to property and/or
injuries to persons have been caused by the operation of motor vehicles, and
to prescribe penalties, approved March 24, 1932, and_to provide for the
collection and distribution of fees from judgment creditors requesting sus-
pension of operator’s, chauffeur’s and motor vehicle licenses. [H B 208]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That section
two of an act entitled an act to provide for the suspension of operator’s
and chauffeur’s licenses and registration certificate, and the right of
non-residents to operate a motor vehicle, in certain cases; to prescribe
procedure where damages to property and/or injuries to persons have
been caused by the operation of motor vehicles, and to prescribe pen-
alties, approved March twenty-fourth, nineteen hundred and _ thirty-
two, be amended and re-enacted so as to read as follows:

Section 2. (a) The operator’s or chauffeur’s license and all of the
motor vehicle registration certificates and motor vehicle licenses of any
person shall in the event of his failure to satisfy any final judgment or
judgments rendered against him by any court of competent jurisdic-
tion in this or any other State, for damages on account of personal
injury, or damage to property, resulting from the ownership or oper-
ation of a motor vehicle heretofore or hereafter by him or his agent,
be forthwith suspended by the Director of the Division of Motor Ve-
hicles upon receiving a certified copy of such final judgment or judg-
ments from the court in which the same is or are rendered, together
with a fee of two dollars and fifty cents ($2.50) to be paid by the
judgment creditor, and such licenses and registration certificates shall
remain so suspended while any such judgment remains unsatisfied
and subsisting, and it shall be the duty of the court in which any such
judgment is rendered, upon written request of such judgment creditor
and the furnishing of the residence and business address of the de-
fendant or defendants affected, and the payment by him into court or
to the clerk thereof of two dollars and fifty cents ($2.50), to forward
immediately to the Director of the Division of Motor Vehicles a cer-
tified copy of such judgment, and the residence and business address
of such defendant or defendants affected, together with a fee of two
dollars and fifty cents, and such fee so paid by such judgment creditor
shall be assessed by the court or clerk wherein such judgment is ren-
dered as a part of the costs of the suit to be collected from the de-
fendant. And the discharge in bankruptcy of such defendant shall
not, for purposes of this act, be a satisfaction of such judgment or
judgments. All fees accruing under the provisions of this section
shall be paid to and received by the director and by him forthwith
paid into the treasury, and shall be set aside as a special fund in the
treasury to be used to meet the necessary additional expenses incurred
by the Division of Motor Vehicles and the director thereof in the
performance of the duties required by this act.

If any other such judgment shall be thereafter obtained against
such person for any accident, such license and certificates shall again be
and remain suspended while any such judgment remains unsatisfied and
subsisting ; provided, however, that, (1) when five thousand dollars has
been credited upon any judgment or judgments, rendered in excess of
that amount for personal injury to, or the death of, one person as the
result of any one accident, or (2) when subject to the limit of five
thousand dollars, for each person, the sum of ten thousand dollars has
been credited upon any judgment or judgments, rendered in excess of
that amount for personal injury to, or the death of, more than one
person as the result of any one accident, or (3) when one thousand
dollars has been credited upon any judgment or judgments, rendered
in excess of that amount for damages to property as the result of any
one accident, resulting from the ownership or operation of a motor
vehicle by such judgment debtor, then and in either such event, such
payment or payments shall be deemed a satisfaction of such judgment
or judgments for the purposes of this section only.

(b) If, after the expiration of one year from the date of rendition
thereof, any such final judgment shall remain unsatisfied, or if pay-
ment, or payments shall not have been made thereon as hereinbefore
provided, it shall be the duty of the Director of the Division of Motor
Vehicles, upon the application of the judgment debtor, to review the
case and hear such proper evidence as may be produced before him,
and if he shall be of opinion that such debtor has made a bona fide
effort to satisfy such judgment, or has received his discharge in bank-
ruptcy or to pay the required amount, or amounts, thereon, and has
been unable to do so, the said director may restore to such judgment
debtor his registration certificates and re-issue his operator’s or chauf-
feur’s license, provided he shall prove his ability to respond in damages

which may thereafter be adjudged against him on account of accidents
resulting from his ownership or operation of a motor vehicle, to the
amount of five thousand dollars for personal injury to, or the death of,
one person as the result of one accident, and to the amount of ten
thousand dollars for personal injury to, or the death of, more than one
person as the result of one accident, and to the amount of one thousand
dollars for damages to property, as the result of one accident; and the
filing by him with the said director, of either an adequate liability
insurance policy, or a bond with surety to be approved by the director,
shall be sufficient proof of his ability to so respond in damages.

(c) If any such motor vehicle operator shall not be a resident of
this State, his right to operate any motor vehicle in this State shall be
withdrawn for so long as any final judgment rendered against him for
damages including personal injury, or death, caused by the operation
of any motor vehicle, either within or without this State, shall be un-
satisfied and subsisting, or until he shall have made payment, or
payments thereon, or given proof of his ability to respond in damages,
as hereinbefore provided for.

(d) From any action of the director in suspending any license, or
right to operate a.motor vehicle, or registration certificate, or in refus-
ing to remove any such suspension, in accordance with the provisions
of this section, the person aggrieved thereby shall have an appeal as
of right, to any court of record having civil jurisdiction in the city or
county in which the accident occurred, or, if the accident occurred
without the State, then to any court of record having a civil jurisdic-
tion in the city or county in which such person resides, with the right
of appeal from such court to the Supreme Court of Appeals of Vir-
ginia, both to the person so aggrieved and to the Commonwealth.