CHAPTER 544

An Act to amend and reenact §§ 46-409, 46-421, 46-428 and 46-424, of the
Code of Virginia, relating to accident reports by investigating officers,
notice and hearings required with reference to revocation of operators
and chauffeurs licenses, when such licenses and registration certtfi-
cates and plates may be revoked, and appeals from acts or orders
of the Commissioner of Motor Vehicles; and to amend the Code by
adding new sections numbered 46-422.1 and 46-422.2, providing how
such hearings shall be conducted and the manner of rendering dect-
sions or orders.

fH 587]

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 46-409, 46-421, 46-423, and 46-424 of the Code of Virginia
be amended and reenacted, and that the Code be amended by adding new
sections numbered 46-422.1 and 46-422.2, the amended and new sections
being as follows:

§ 46-409. Use of accident reports made by investigating officers.—
Subject to the provisions of § 46-407 all accident reports made by investi-
gating 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.

§ 46-421. Notice of hearing.—The notice of a hearing when mailed
to any person, as provided for in the preceding section, shall contain:

(a) A specific statement of the * alleged offense or offenses; including
the date, time and place thereof;

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

(c) The names and addresses of all known witnesses whose testimony
1s proposed to be taken at the hearing;

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

If these requirements are complied with it shall be sufficient regard-
less of whether or not the licensee appeared and regardless of whether
or not * the notice was ever received.

§ 46-422.1. How such hearings to be conducted.—(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 accord-
ing to the rules of evidence prevailing in courts of record; and (8) secon-
dary evidence of the contents of a document shall be received only tf 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 introduced at the hearing. Any certified copy of any conviction for-
warded to the Commissioner under the provisions of § 46-414 of this
chapter, shall be prima facie evidence of such conviction, and may be
introduced in evidence.

(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.

§ 46-422.2. Form and contents of decision.—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 Commissioner is based. Certified copies of
the decision or order shall be delivered to any party affected by it.

§ 46-423. When Commissioner may suspend or revoke license for
not more than five years.—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 provided in § 46-421, and hearing as * provided, in §§ 46-422, 46-422.1
and 46-422.2 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 provi-
sions of chapters 1 to 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.

§ 46-424. Appeal from order suspending or revoking license or
registration.—(a) Any person aggrieved by an order or act of the Com-
missioner requiring suspension or revocation of a license or registration
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
jurisdiction thereof, with a copy of said petition being sent to the Com-
missioner 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 §§ 46-420 or 46-423 of this
article, the Commissioner shall transmit to the clerk of the court to which
the appeal 1s 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
1s 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 an 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 tt may reverse or modify
the decision if the findings, conclusion, or decision of the Commissioner is
(1) in violation of constitutional provisions or (2) in excess of statutory
authority or jurisdiction of the Commissioner; or (8) 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 1s heard
may affirm, reverse or modify the decision as the ends of justice may
require.

(f) The filing of a notice of appeal shall not operate to stay the
enforcement 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 Commis-
sioner, and a stay pending the appeal shall be granted 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 shall have an
appeal as of right to the Supreme Court of Appeals of Virginia.