CHAPTER 344

AN ACT to amend and reenact § 8-67.1 of the Code of Virginia, re-
lating to service on Commissioner of Motor Vehicles as agent
of nonresident motor vehicle operator.

[S 164]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 8-67.1 of the Code of Virginia be amended and reen-
acted as follows:

§ 8-67.1. Service on Commissioner of Motor Vehicles as agent
of nonresident motor vehicle operator.—The acceptance by a non-
resident of the rights and privileges conferred by article 6 of
chapter 3 of Title 46 as evidenced by his operation, either in person
or by an agent or employee, of a motor vehicle, trailer or semi-
trailer hereunder, or the operation by a nonresident, either in per-
son or by an agent or employee, of a motor vehicle, trailer or semi-
trailer on a highway in this State otherwise than under such
article, shall be deemed equivalent to an appointment by such non-
resident of the Commissioner of the Division of Motor Vehicles or
his successors in office to be the true and lawful attorney of such
nonresident upon whom may be served all lawful process against
and notice to such nonresident in any action or proceeding against
him growing out of any accident or collision in which such non-
resident or his agent or employee may be involved while operating
a motor vehicle, trailer or semi-trailer on such highway, and such
acceptance or operation shall be a signification of his agreement
that any such process against or notice to him which is so served
shall be of the same legal force and validity as if served upon him
personally in the county or corporation in which such accident or
collision occurred or in which a resident defendant, if any, resides.

The term “nonresident” includes any person who though resi-
dent when the motor vehicle accident or collision occurred, has
been continuously outside the State for at least sixty days next
preceding the day on which notice or process is left with the
Commissioner.