CHAPTER 518

An Act to amend and reenact § 8-67.1, as amended, of the Code of Vir
ginta, relating to service of process on Commissioner of Motor Vehicle
as agent of nonresident motor vehicle operator.

[fH 863
Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 8-67.1, as amended, of the Code of Virginia be amended an
reenacted as follows:

§ 8-67.1. The acceptance by a nonresident of the rights and priv
leges conferred by Article 6 (§ 46-110 et seq.) of Chapter 3 of Title 46 3
evidenced by his operation, either in person or by an agent or employe
of a motor vehicle, trailer or semitrailer hereunder, or the operation by
nonresident, either in person or by an agent or employee, of a motor vehicl
trailer or semitrailer in this State otherwise than under such article, sha
be deemed equivalent to an appointment by such nonresident of the Con
missioner of the Division of Motor Vehicles or his successors in office to k
the true and lawful attorney of such nonresident upon whom may be serve
all lawful process against and notice to such nonresident in any action c
proceeding against him growing out of any accident or collision in whic
such nonresident or his agent or employee may be involved while operatin
a motor vehicle, trailer or semitrailer in this Commonwealth, and suc
acceptance or operation shall be a signification of his agreement that an
such process against or notice to him which is so served shall be of the sar
legal force and validity as if served upon him personally in the county
corporation in which such accident or collision occurred or in which
resident defendant, if any, resides.

Such nonresident operator of a motor vehicle which is involved in a
accident or collision in this Commonwealth shall likewise be deemed 1
have consented that the appointment of the Commissioner of the Divisio
of Motor Vehicles or his successors in office, as the true and lawful attorne
of such nonresident upon whom may be served all lawful process and notic
pursuant to the provisions of law pertaining thereto, shall be irrevocab
and binding upon the executor, administrator or other personal represe!
tative of such nonresident. Where such nonresident has died prior to th
commencement of an action against such nonresident pursuant to th
provisions of law pertaining thereto, service of process or notice shall t
made upon the executor, administrator or other personal representative ¢
such nonresident in the same manner and on the same notice as is provide
in the case of such nonresident motorist. Where an action has been dul
commenced against such nonresident operator, pursuant to the provisior
of law pertaining thereto and such nonresident dies after the commence
ment of such action, the action shall continue and shall be irrevocable an
binding upon the executor, administrator or other personal representativ
of such nonresident, with such additional notice of the pendency of th
action as the court deems proper.

The term “nonresident” includes any person who though resider
when the motor vehicle accident or collision occurred, has been contin
ously outside the State for at least sixty days next preceding the day 0
which notice or process is left with the Commissioner, and includes an
person against whom an order of publication may be issued under th

mrnanuoeinmme nt §& 274