CHAPTER 64

AN ACT to amend and reenact § 8-67.1, as amended, of the Code of Vir-
ginia, relating to service of process on nonresident motorists. CH 38]

Approved February 17, 1956

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 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 * in this State otherwise than under such article, shall be deemed
equivalent to an appointment by such nonresident 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 nonresident or his agent or employee may be involved while oper-
ating a motor vehicle, trailer or semitrailer * in this Commonwealth, 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
accident 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
irrevocable and binding upon the executor, administrator or other per-
sonal 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 repre-
sentative 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
irrevocable and binding upon the executor, administrator or other personal
representative of such nonresident, with such additional notice of the
pendency of the action as the court deems proper.

The 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.