CHAPTER 247

An Act to provide for the issuance of citations on arrest for certain of-
fenses in lieu of requiring posting of bond or collateral for appear-
ance for trial to persons who are residents of or licensed by certain
states which confer the same privileges on residents of this State; and
to provide for suspension of the operator’s or chauffeur’s license of a
Virginia resident for noncompliance with a similar citation issued
by such a state to a person licensed in Virginia. 9 84

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Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:
1. §1. As used in this act:
(a) “State” means the State of Maryland and the District of Columbia.
(b) “Reciprocating State’? means any state which extends by its laws
to residents of Virginia substantially the rights and privileges provided by

act.

(c) “Citation” means any citation, summons, ticket, or other docu-
ment issued by an arresting officer for violation of a traffic law, ordinance,
rule or regulation, ordering the arrested motorist to appear.

(d) “License” means any operator’s or chauffeur’s permit or any
other license or permit to operate a motor vehicle issued under the laws
of a reciprocating state including—

(1) any temporary or learner’s permit;

(2) the privilege of any person to drive a motor vehicle whether or
not such person holds a valid license; and

(8) any nonresident’s operating privilege conferred upon a nonresi-
dent of a state pertaining to the operation by such person of a motor ve-
hicle in such state.

(e) “Collateral” or “bond” means any cash or other security deposited
to secure an appearance for trial following a citation by an arresting
officer for violation of a traffic law, ordinance, rule or regulation.

(f) “Personal Recognizance”’ means a signed agreement by an ar-
rested motorist that he will comply with the terms of the citation served
upon him at the time of arrest.

(g) “Nonresident” refers only to a person who is a resident of or
holds an operator’s or chauffeur’s license issued by a reciprocating state.

§ 2. (a) Notwithstanding the provisions of clause (3) of § 46.1-179
of the Code of Virginia, a police officer making an arrest for a traffic viola-
tion shall issue a citation as appropriate to any motorist who is a resident of
or holds a license issued by a reciprocating state and shall not, subject to
the exceptions noted in paragraph (b) of this section, require such motor-
ist to post collateral or bond to secure appearance for trial, but shall ac-
cept such motorist’s personal recognizance that he will comply with the
terms of such citation; provided, however, that a person so arrested shall
have the right upon his request to post collateral or bond in a manner
provided by law and, in such case, the provisions of this act shall not apply.

b) No motorist shall be entitled to receive a citation under the terms
of paragraph (a) of this section nor shall any police officer issue such
citation under the same in the event the offense for which the citation be
issued shall be one of the following:(1) an offense for which the issuance
of a citation in lieu of a hearing or the posting of collateral or bond is
prohibited by the laws of this State; or (2) an offense, the conviction of
or the forfeiture of collateral for which requires the revocation of the
motorist’s license.

(c) Upon the failure of any nonresident to comply with the terms
of a traffic citation, the arresting officer shall obtain a warrant for arrest
and shall report this fact to the Division of Motor Vehicles. Such report
shall clearly identify the person arrested; describe the violation, specify-
ing the section of the statute, code or ordinance violated; shall indicate
the location of the offense, give description of vehicle involved, and show
the registration or license number of the vehicle. Such report shall be
signed by the arresting officer.

§ 8. (a) Upon receipt of an arresting officer’s report as described

n § 2, the Division of Motor Vehicles shall transmit a certified copy of
such report to the official in charge of the issuance of licenses in the
reciprocating state in which the nonresident resides or by which he is

cens
(b) Upon receipt from the licensing authority of a reciprocating
state in which an arrest was made, of a certification of noncompliance
with a citation issued in a reciprocating state by a person holding an
operator’s or chauffeur’s license issued by this State, the Commissioner of
the Division of Motor Vehicles forthwith shall suspend such person’s
license. The order of suspension shall indicate the reason for the order,
and shall notify the motorist that his license shall remain suspended until
he has furnished evidence satisfactory to the Commissioner that he has
fully complied with the terms of the citation which was the basis for the
suspension order.

(c) A copy of any suspension order issued hereunder shall be fur-
nished to the licensing authority of the reciprocating state in which the
arrest was made.

(d) It shall be the duty of the Commissioner of Motor Vehicles to
ascertain and remain informed as to which states are “reciprocating
states” hereunder and, accordingly, to maintain a current listing of such
states, which listing he shall from time to time cause to be disseminated
among the appropriate departments, divisions, bureaus and agencies of
this State, the principal executive officers of the several counties, cities
and towns of this State and the licensing authorities in all other states
‘faoirs are, have been, or claim to be a “reciprocating state” pursuant

ereto.