An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1952 |
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Law Number | 681 |
Subjects |
Law Body
CHAPTER 681
An Act to amend and reenact § 8-67.1, as amended, of the Code of Vir-
ginia, relating to service on Commissioner of Motor Vehicles as agent
and attorney of the nonresident motor vehicle operator and of the
personal representative of such nonresident.
[H 756]
Approved April 4, 1952
Be it enacted by the General Assembly of Virginia:
1. That § 8-67.1, as amended, of the Code of Virginia, be amended and
reenacted so as to read as follows:
§ 8-67.1. The acceptance by a nonresident of the rights and privi-
leges 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 semitrailer hereunder, or the operation by a nonresident, either
in person 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 nonresident of the Com-
missioner 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 nonresident or his agent or employee may be involved while
operating a motor vehicle, trailer or semitrailer 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.
Such nonresident operator of a motor vehicle which is involved in
an acetdent or collision in this Commonwealth shall likewise be deemed to
have consented that the appointment of the Commissioner of the Division
of Motor Vehicles or his successors in office, as the true and lawful
attorney of such nonresident upon whom may be served all lawful process
and notice pursuant to the provisions of law pertaining thereto, shall be
arrevocable and binding upon the executor, administrator or other personal
representative of such nonresident. Where such nonresident has died prior
to the commencement of an action against such nonresident pursuant to
the provisions of law pertaining thereto, service of process or notice shall
be made upon the executor, administrator or other personal representative
of such nonresident in the same manner and on the same notice as is
provided in the case of such nonresident motorist. Where an action has
been duly commenced against such nonresident operator, pursuant to the
provisions of law pertaining thereto and such nonresident dies after the
commencement of such action, the action shall continue and shall be
wrrevocable and binding upon the executor, administrator or other per-
sonal representative of such nonresident, with such additional notice of
the pendency of the action as the court deems proper.
e term “nonresident” includes any person who though resident
when the motor vehicle accident or collision occurred, has been continu-
ously outside the State for at least sixty days next preceding the day on
which notice or process is left with the Commissioner.