CHAPTER 188

An Act to amend and reenact §§ 46.1-167.1, 46.1-167.2, 46.1-167.8,
46.1-167.4 and 46.1-167.5 of the Code of Virginia, relating to additional
fee and certificates required for registration of uninsured motor
vehicles; definition of insured and uninsured motor vehicles; to pre-
scribe penalties for giving false information to the Commissioner of
Motor Vehicles; and to provide for suspension or revocation of
licenses and registration in certain cases.

[H 7]

Approved March 4, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-167.1, 46.1-167.2, 46.1-167.3, 46.1-167.4 and 46.1-167.5
of the Code of Virginia be amended and reenacted as follows:

§ 46.1-167.1. In addition to any other fees prescribed by law, every
person registering an uninsured motor vehicle, as hereinafter defined, *
shall pay at the time of registering the same a fee of * twenty dollars. *
Every person applying for registration for a motor vehicle and declaring
the same to be an insured motor vehicle shall, under the penalties set forth
in § 46.1-167.8, execute and furnish to the Commissioner his certificate that
such motor vehicle is an insured motor vehicle as herein defined, or that
the Commissioner has issued to the owner thereof, in accordance with the
provisions of § 46.1-395, a certificate of self-insurance applicable to the
vehicle sought to be registered. The Commissioner, or his duly authorized
agent, may require any registered owner of a motor vehicle declared to be
insured or any applicant for registration of a motor vehicle declared to
be an insured motor vehicle to submit a certificate of insurance executed
by an authorized agent or representative of an insurance company author-
ized to do business in this State. Such certificates of insurance shall be in
a form prescribed by the Commissioner.

§ 46.1-167.2. * (a) For purposes of this article, a “motor vehicle” is
defined as a vehicle capable of self-propulsion which is required to be titled
and licensed and for which a license fee is required to be paid by the owner
thereof.
(b) As used in this article, the term “insured motor vehicle” means
a motor vehicle as to which there is bodily injury liability insurance and
property damage liability insurance, both in the amounts specified tn
§ 46.1-504, as amended from time to time, issued by an insurance carrer
authorized to do business in this State, or as to which a bond has been
given or cash or securities delivered in lieu of such insurance; or as to
which the owner has qualified as a self-insurer in accordance with the pro-
visions of § 46.1-895; and the term “uninsured motor vehicle” means a
motor vehicle as to which there is no such bodily injury lability insurance
and property damage liability insurance, or no such bond has been given
or cash or securities delivered in lieu thereof, or the owner of which has
not so qualified as a self-insurer.

§ 46.1-167.3. * If during the period for which it is licensed a motor
vehicle is or becomes an uninsured motor vehicle and the fee of twenty
dollars required by § 46.1-167.1 has not been paid, the owner thereof who
operates or permits the operation thereof by another person shall be guilty
of a misdemeanor, punishable as set forth in § 46.1-16.

Any person who presents or causes to be presented to the Commis-
sioner a false certificate that a motor vehicle is an insured motor vehicle
or false evidence that a motor vehicle sought to be registered 1s an insured
ane vehicle, shall be guilty of a misdemeanor, punishable as set forth in

46.1-16.

Provided that the foregoing portions of this section shall not be ap-
plicable if it is established that such owner or person had good cause to
believe and did believe that such motor vehicle was an insured motor ve-
hicle, in which event the provisions of § 46.1-59 shall be applicable.

Abstracts of records of conviction, as defined in this title, of any viola-
tion of any of the provisions of this section shall be forwarded to the Com-
missioner as prescribed by § 46.1-418.

The Commissioner shall suspend the operator's and/or chauffeur’s
license and all registration certificates and license plates of any person
upon receiving a record of his conviction of a violation of any provisions
of this section, and he shall not thereafter reissue the operator’s and/or
chauffeur’s license and the registration certificates and license plates issued
in the name of such person until such person shall pay the twenty dollar
fee applicable to the registration of an uninsured motor vehicle and shall
have furnished proof of financial responsibility for the future as prescribed
by Article 6 of Chapter 6 of this Title; provided, however, that when five
years have elapsed from the date of the suspension herein required, the
Commissioner may relieve such person of the requirement of furnishing
proof of financial responsibility for the future; provided further, that
when such suspension results from a conviction for presenting or causing
to be presented to the Commissioner a false certificate as to whether a,
motor vehicle is an insured motor vehicle or false evidence that any motor
vehicle sought to be registered is insured, then the Commissioner shall
not thereafter reissue the operator’s and/or chauffeur’s license and the
registration certificates and license plates issued in the name of such per-
son so convicted for a period of one hundred eighty days from the date of
such order of suspension, and only then when all other provisions of law
have been complied with by such person.

§ 46.1-167.4. * When it shall appear to the Commissioner from the
records of his office:

(1) That an uninsured motor vehicle as herein defined, subject
to registration in this State, is involved in a reportable accident in
this State resulting in death, injury or property damage with respect
to which motor vehicle the owner thereof has not paid the uninsured
motor vehicle fee of twenty dollars as prescribed in § 46.1-167.1, or,
That a resident operator of a motor vehicle not registered
in this State is involved in a reportable accident in this State result-
ing in death, injury or property damage and there is not in effect as
to such operator a standard provisions automobile liability surance
policy with limits as specified in § 46.1-504, as may be amended from
time to time, a

the Commissioner shall, in addition to enforcing the applicable provisions

of Article 4 of Chapter 6 of this Title, suspend such owner’s or operator’s,
operator’s and/or chauffeur’s license and all of his license plates and
registration certificates until such person has complied with the pro-
visions of Article 4 of Chapter 6 of this Title and has paid to the Com-
missioner a fee of seventy-five dollars, to be disposed of as provided by

§ 46.1-167.6, with respect to the motor vehicle involved in the accident

and furnishes proof of financial responsibility for the future in the man-

ner prescribed in Article 6 of Chapter 6 of this Title.

However, when five years have elapsed from the date of the suspen-
sion herein required, the Commissioner may relieve such person of the
requirement of furnishing proof of financial responsibility for the future.
The presentation by a person subject to the provisions of this section of a
certificate of insurance, executed by an agent or representative of an insur-
ance company qualified to do business in this State, showing that on the
date and at the time of the accident the vehicle was an insured motor ve-
hicle as herein defined, or, presentation by such person of evidence that
the additional fee applicable to the registration of an uninsured motor ve-
hicle had been paid to the Division prior to the date and time of the acct-
dent, shall be sufficient bar to the suspension provided for in this section.

§ 46.1-167.5. * (a) Whenever any proof of financial responsibility
filed by any person as required by this article no longer fulfills the purpose
for which required, the Commissioner shall require other proof of financial
responsibility as required by this article and shall suspend such person’s
operator's and/or chauffeur’s license, registration certificates and license
plates pending the furnishing of proof as required.

(b) Any person whose operator’s and/or chauffeur’s license or regts-
tration certificates or license plates have been suspended as provided in
this article and have not been reinstated shall immediately return every
such license, registration certificate, and set of license plates held by him
to the Commissioner. Any person failing to comply with this requirement
shall be guilty of a misdemeanor and upon conviction thereof shall be pun-
ished as provided in § 46.1-16.

(c) The Commissioner is authorized to take possession of any license,
registration certificate or set of license plates upon their suspension under
the provisions of this article or to direct any police officer to take possession
of and return them to the office of the Commissioner.

2. Anemergency exists and this act shall be in force on and after March

fifteenth, nineteen hundred and sixty.