TITLE 46.2. MOTOR VEHICLES.

§ 46.2-100 amended; §§ 46.2-908.2 and 46.2-908.3 added.
Low-speed vehicles. Authorizes limited over-the-highway operation of low-speed vehicles, defined as four-wheeled electrically powered vehicles, other than golf carts, whose maximum speed is greater than 20 miles per hour but not greater than 25 miles per hour, that are manufactured to comply with safety standards contained in Title 49 of the Code of Federal Regulations, section 571.500. Low-speed vehicles may be operated on public highways with speed limits of no more than 35 miles per hour by licensed drivers or learner's permit holders accompanied by licensed drivers. The same registration and insurance requirements applicable to passenger cars apply also to low-speed vehicles. HB 571; CH. 214/SB 447; CH. 234.

§§ 15.2-1720, 46.2-100, 46.2-800, 46.2-839, 46.2-847, 46.2-849, 46.2-856, 46.2-857, 46.2-903 through 46.2-908.1, 46.2-932, 46.2-1015, 46.2-1066, and 46.2-1078 amended.
Electric personal assistive mobility device. Defines "electric personal assistive mobility device" and provides, generally, for its treatment as an electric power-assisted bicycle, except that it is explicitly limited to speeds of no more than 15 miles per hour. HB 905; CH. 254.

§ 46.2-102.1 added.
Cooperation of Department of Motor Vehicles and Department of State Police with certain federal agencies. Provides that the Department of State Police and the Department of Motor Vehicles are to enter into agreements with the United States Department of State, the Immigration and Naturalization Service, and other federal law-enforcement agencies to bring about the interchange of information concerning those aliens residing in the United States who hold or apply for Virginia driver's licenses, commercial driver's licenses, temporary driver's permits, learner's permits, motorcycle learner's permits, or special identification cards in order (i) to ensure that persons who hold or apply for these documents are lawfully entitled to do so and (ii) to facilitate the detection and prevention of criminal activity and the identification and apprehension of persons engaged in criminal activity. This bill will not become effective unless reenacted by the 2003 Regular Session of the General Assembly. HB 637; CH. 412 (effective - see bill).

§§ 46.2-105.2, 46.2-308, 46.2-323.1, 46.2-324, 46.2-341.11, 46.2-341.15, 46.2-342, and 46.2-345 amended.
Driver's licenses, etc. Provides that obtaining, aiding in obtaining, or possessing a Virginia driver's license, special identification card, vehicle registration, certificate of title or other document issued by the Department of Motor Vehicles (DMV) constitutes a Class 2 misdemeanor if the violation involved obtaining or possession of the document for purposes of engaging in an age-limited activity (such as obtaining, possessing, or consuming alcoholic beverages) but constitutes a Class 6 felony if the violation was committed for other purposes. The bill also allows persons moving to Virginia from another state or country 60 days (instead of 30 days) to obtain Virginia driver's licenses.
The bill prohibits the use of immigration visas and written statements (whether notarized or not) wherein another person "vouches" for the Virginia residency of an applicant for a Virginia driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card. For applicants less than 19 years old, however, proof that the applicant's parent or guardian is a Virginia resident may be accepted as evidence of the applicant's Virginia residency.
With certain exceptions (most notably for military personnel stationed outside Virginia and persons residing outside of Virginia in connection with their employment), the bill requires DMV to cancel the Virginia driver's licenses, commercial driver's license, and special identification cards or persons who change their address to a non-Virginia address.
Under this legislation, no person who holds a Virginia driver's license, commercial driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit would be allowed to hold a special identification card issued by DMV.
The legislation requires the DMV Commissioner, no later than December 1, 2002, to report to the Chairmen of the House and Senate Transportation Committees regarding the need for further modification or enhancement to the identity and residency requirements in the application process for Virginia driver's licenses, commercial driver's licenses, learner's permits, temporary driver's permits and special identification cards. The report specifically must include an assessment of the feasibility and effectiveness of requiring applicants for DMV documents to prove their legal presence in the United States. HB 638; CH. 767/SB 162; CH. 834.

§ 46.2-205 amended.
Automated agencies of the Department of Motor Vehicles. Replaces the two-tier compensation scheme for automated DMV agencies with a single-tier system where the agency annually receives three and one-half percent of its gross collections. HB 278; CH. 110.

§ 46.2-207. See § 2.2-614.1; HB 825.

§ 46.2-208 amended.
Department of Motor Vehicle (DMV) Records. Provides that, on the written request of any person who has applied to be a volunteer with a Virginia affiliate of Compeer, the Department of Motor Vehicles (DMV) Commissioner will (i) compare personal information supplied by a Virginia affiliate of Compeer with that contained in the Department's records and, when the information supplied by a Virginia affiliate of Compeer is different from that contained in the Department's records, provide the Virginia affiliate of Compeer with correct information as contained in the Department's records and (ii) provide driver information (in the form of an abstract of the applicant's record showing all convictions, accidents, license suspensions or revocations, and any type of driver's license that the individual currently possesses). This information will be provided free of charge if the request is accompanied by evidence that the person receiving the information has applied to be a Compeer volunteer. HB 407; CH. 131.

§§ 46.2-208, 46.2-1176, 46.2-1178, 46.2-1178.1, and 46.2-1179 amended; § 46.2-1178.2 added.
Records of the Department of Motor Vehicles; on-road testing of motor vehicle emissions by Department of Environmental Quality; subsidies to owners of certain motor vehicles found not in compliance with motor vehicle emissions requirements. Authorizes the Department of Motor Vehicles to release vehicle owner data to the Department of Environmental Quality in connection with enforcement actions involving on-road testing of motor vehicles.
The bill also requires the State Air Pollution Control Board to establish separate and distinct emissions standards applicable to on-road testing of motor vehicles, with such criteria being applicable to all motor vehicles manufactured for a model year 25 years prior to January 1 of the present calendar year or any more recent model year and criteria for each model year being appropriate to that model year. Further provision is made for the expedited identification of "gross violators" of motor vehicle emissions inspection standards. Vehicles registered as "antique" vehicles are exempt.
The bill reduces from 90 days to 30 calendar days the time given to owners of vehicles found by on-road testing to be not in compliance with emissions standards to either show that the vehicles have passed a subsequent emissions inspection, qualify for waivers, or have been given waivers.
The bill also makes the Department of Environmental Quality responsible for the establishment and operation of a program to subsidize repairs of vehicles that fail to meet emissions standards, when the owner of the vehicle is financially unable to have the vehicle repaired. The costs of implementing and operating this program are to be borne by the Vehicle Emissions Inspection Program Fund. HB 570; CH. 710.

§ 46.2-221.1 added.
Applications for learner's permits, driver's licenses, commercial driver's licenses, and special identification cards. Requires that every male applicant for a learner's permit, driver's license, commercial driver's license, special identification card, or renewal of any such permit, license, or card who is less than 26 years old and is either a citizen of the United States or an immigrant shall, at the time of his application, be registered in compliance with the requirement of section 3 of the Military Selective Service Act, 50 U.S.C. App. 451 et seq. The data pertaining to any person less than 18 years old will not be used by Selective Service to register him with Selective Service until he turns 18. HB 669; CH. 118.

§ 46.2-224 amended.
Board of Transportation Safety. Requires that the interests of pedestrians and bicyclists be represented by the members of the Board of Transportation Safety. HB 836; CH. 249.

§§ 46.2-307, 46.2-308, and 46.2-309. See § 16.1-278.9; SB 655.

§§ 46.2-323 and 46.2-335.2 amended.
Driver's licenses for persons 19 years old and younger. Requires all applicants (rather than only unlicensed ones) for driver's licenses who are less than 19 years old to furnish proof that they have successfully completed a driver education program approved by the State Department of Education. The bill also requires persons under 19 (rather than those under 18) to hold learner's permits at least nine months before applying for a driver's license, and authorizes the issuance of temporary driver's licenses, valid for six months, to persons who are 18 years old and hold valid driver's licenses issued in another state. HB 655; CH. 535.

§ 46.2-334.01 amended.
Driver improvement clinics. Allows persons under 18 to receive good driving points for attending driver improvement clinics if they have not been directed to attend by the DMV Commissioner or required to attend by a court. HB 1358; CH. 807.

§ 46.2-334.01 amended.
Youthful drivers. Makes it clear that volunteer firefighters and volunteer rescue squad personnel responding to emergency calls are exempt from the midnight-to-4:00 a.m. "curfew" for drivers under 18. SB 656; CH. 61.

§ 46.2-342 amended.
Driver's licenses; use of social security numbers. Requires the Department of Motor Vehicles to assign to applicants for driver's licenses driver's license numbers that are not social security numbers, except when applicants request in writing that their social security numbers be used as their driver's license numbers. HB 564; CH. 135.

§ 46.2-364 amended.
Suspension of operator's license and tags for failure to satisfy judgment. Expands the definition of judgment to include a civil action filed pursuant to § 15.2-1716 (reimbursement of expenses incurred in responding to DUI incident). This expansion allows the Commissioner, pursuant to § 46.2-417, to suspend the driver's license and all of the registration certificates and license plates for any person who has failed to satisfy the judgment resulting from emergency response expenses incurred on his behalf in response to his DUI. HB 1060; CH. 289.

§ 46.2-383 amended.
Department of Motor Vehicles (DMV); abstracts of records conviction. Requires the courts to forward abstracts of conviction to DMV within 18 days instead of the current 15 days. HB 955; CH. 258.

§§ 46.2-391.01 and 46.2-410.1 amended.
Ignition interlock and review of DMV order for manifest injustice; commercial driver's license. Removes judicial discretion to allow a DUI second offender to drive his vehicle without an ignition interlock. Currently, the court may allow such person to drive without the interlock if the court states in its order why the interlock is not required. The bill also provides that administrative revocation or suspension of a person's driver's license by the DMV is not subject to judicial review on the basis of manifest injustice unless the Commissioner's revocation order was the result of an error or was issued without authority. The bill also provides, in a provision that appears only in the enactment clause and not in the Code, that a judge shall send a second or third DUI conviction order to the DMV only if the defendant was convicted on a process alleging second or third DUI. SB 521; CH. 811.

§ 46.2-395 amended.
Restoration of suspended driver's license; fines. Provides for automatic restoration of a driver's license when a defendant enters into a deferred or installment payment agreement that is acceptable to the court. Under current law only the court can restore the driver's license. This bill amends a provision added to the Code of Virginia by the 2000 General Assembly (HB 355, SB 183), which provided that a person with a suspended license could have the license restored if he paid the reinstatement fee to DMV and entered into an agreement acceptable to the court to make deferred or installment payments. The 2000 bill stated that the court shall restore the defendant's license and an Attorney General's Opinion issued on December 29, 2001, stated that the court must enter an order for restoration to occur. This bill is a recommendation of the Committee on District Courts. HB 817; CH. 246.

§ 46.2-396.1 added.
Conviction of a serious driving offense. Provides that a conviction for traffic offenses that cause the death of any person may include suspension of the driver's license for not more than 12 months. SB 602; CH. 849.

§ 46.2-411. See § 51.5-12.1; SB 620.

§ 46.2-490. See § 22.1-205; SB 597.

§ 46.2-492 amended; § 46.2-868.1 added.
Aggressive Driving; offense and penalty. Creates the new offense of aggressive driving and provides that a person is guilty of aggressive driving if he violates one or more of an enumerated list of traffic violations, e.g., following too closely, failure to observe lanes marked for traffic, stopping on highway, etc., with the intent to harass, intimidate, injure or obstruct another person. Aggressive driving shall be punished as a Class 2 misdemeanor, however, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. HB 1342; CH. 782/SB 522; CH. 75.

§ 46.2-501 amended.
Drivers required to attend driver improvement clinics. Allows the DMV Commissioner, for a good cause shown, to extend the time limit for attending a driver improvement clinic when the person required to attend the clinic is (i) attending an institution of higher education outside Virginia or (ii) in the military and stationed outside the U.S. or is the dependant of a person in the military stationed outside the U.S. HB 679; CH. 385.

§ 46.2-505 amended; §§ 46.2-341.18:1, 46.2-341.20:1, and 46.2-341.20:2 added.
Commercial motor vehicles; alcohol and grade crossing violations; civil penalties. Provides for disqualification of a person holding a commercial driver's license for certain alcohol-related offenses committed in other states where disqualification was imposed through a civil or administrative hearing without any court proceedings. The bill further provides for disqualification of a commercial driver's license holder for 60 days for violations committed at railroad/highway grade crossings. Longer disqualifications are authorized for repeat offenses. In addition, the bill authorizes imposition of civil penalties up to $10,000 for employers who allow or require an employee to operate a commercial motor vehicle in violation of any law or regulation pertaining to railroad/highway grade crossings and provides that no court may reduce, dismiss, or defer the conviction of a person charged with any offense committed while operating a commercial motor vehicle because the person has attended a driver improvement clinic. HB 934; CH. 724.

§§ 46.2-613 and 46.2-620 amended.
Deletion of obsolete code references. Strikes cross-references to § 46.2-626, which was repealed in 1996. This bill is a recommendation of the Virginia Code Commission in furtherance of the objective to identify obsolete provisions of law pursuant to § 30-151. HB 52; CH. 93.

§ 46.2-622 amended.
Motor vehicle titles; joint owners. Clarifies that the issuance by the Department of Motor Vehicles of a certificate of title to two natural persons, jointly with right of survivorship, shall not be used by one of the joint owners as a defense to the lienor's enforcement of a security interest in the vehicle that was granted by one or both of the joint owners of the vehicle on the same date or prior to the issuance of the certificate of title. SB 68; CH. 432.

§ 46.2-649 amended.
Motor carriers; registration. Prohibits the Department of Motor Vehicles from registering or reregistering motor vehicles owned by a motor carrier if the State Corporation Commission notifies the Department that the motor carrier has not filed an annual report or paid taxes due to the State Corporation Commission. SB 256; CH. 47.

§ 46.2-676 amended.
Golf carts. Allows operation of golf carts on highways other than Virginia Route 205 in Colonial Beach. The bill also allows the Town Council to place further limitations on over-the-road operation of golf carts within the Town. HB 115; CH. 98/SB 157; CH. 44.

§ 46.2-694 amended.
Four-for-life. Increases, effective July 1, 2002, from two dollars per year (two-for-life) to four dollars per year (four-for-life) the motor vehicle registration surcharge used to support emergency medical services. From July 1, 2002, through June 30, 2004, the additional two dollars per year will be used for emergency medical services, first responders, and public safety purposes, with the existing two dollars per year continuing to be used to support emergency medical services. On and after July 1, 2004, all revenues will be used to support emergency medical services. HB 82; CH. 794.

§§ 15.2-949, 38.2-2217.1, 46.2-695, 46.2-749.10, 46.2-1167, 46.2-1401, 46.2-1404, 46.2-1405, 46.2-1407, 46.2-2000.1, and 58.1-3506 amended.
Vanpools and ridesharing. Revises several Code sections to eliminate conflicts and inconsistencies that arose as the result of 2001 legislation revising Virginia's motor carrier laws. Specifically, the bill (i) amends several statutes so that definitions and provisions applicable to small vanpool vehicles conform to federal regulations and other provisions of Virginia law; (ii) clarifies the use and cost of "PV" license tags for small vanpool vans; (iii) removes a meaningless reference to ridesharing in the shared ride taxi statute (§ 15.2-949) and substitutes language authorizing vanpool capital assistance by a locality, in lieu of establishing a shared ride taxi service; (iv) authorizes localities to give personal property tax breaks to all small non-profit vanpool vans; and (v) provides statutory recognition of the State Corporation Commission's interpretation view that the vanpool notice requirement for insurance purposes, applicable to vanpools using vehicles seating ten or more, includes the driver in the count. HB 1188; CH. 337.

§ 46.2-703 amended.
"Apportioned" license plates. Provides that failure to display "apportioned" license plates or a trip permit constitutes prima facie evidence that apportioned or allocated fees as to the vehicle have not been paid. HB 705; CH. 239.

§§ 46.2-742.1, 46.2-743, 46.2-746.2:2, 46.2-746.7, and 46.2-746.9 amended; §§ 46.2-742.1:1, 46.2-742.3, 46.2-749.36:1, 46.2-749.49, and 46.2-749.77 added.
Special license plates; supporters of the Motorcycle Rider Safety Training Program; fees. Authorizes the issuance of special license plates to supporters of the Motorcycle Rider Safety Training Program. These plates would be subject to standard fees and prepaid application requirements contained in § 46.2-725. The bill also provides that persons awarded multiple Bronze Star, Bronze Star with a "V" for valor, or Silver Star medals can obtain special license plates that indicated their multiple awards. The bill authorizes the issuance of special license plates to: persons awarded the Air Medal or the Air Medal with a "V" for valor, the Combat Infantry Badge, members and former members of the 173rd Airborne Brigade, members of Rotary International, members of Optimist International, supporters of the Shenandoah National Park Association, printers, supporters of Big Brothers Big Sisters of America, Rocky Mountain Elk Foundation volunteers, members of BoatU.S., members and associates of the Virginia Court Appointed Special Advocate Association, supporters of the American Cancer Society, beekeepers and supporters of beekeepers, Pony Club members, Parrothead Club members, 1600 Communications Association members, Blue Knights organization members, supporters of professional motor sports, supporters of Virginia's zoos, supporters of the Washington Redskins football team, supporters of youth soccer, supporters of crime prevention, and retired member of the U.S. Air Force. In addition, the bill authorizes special license plates celebrating the 250th anniversary of the Town of Smithfield, the 200th anniversary of the City of Salem, the 250th anniversary of the City of Portsmouth, the values of diversity and the contributions of African-American communities, and Virginia's Indian tribes. Also authorized are special license plates displaying the following mottos: fox hunting, unlock autism, fight terrorism, and proud to be an American. It also provides for special license plates commemorating: the victims of the bombing of the USS Cole, the September 11, 2001, attack on the Pentagon, and the coming of the first Africans to Virginia in 1619. The bill also authorizes issuance of a special license plate to promote childhood cancer awareness. HB 385; CH. 864.

§§ 46.2-743, 46.2-746.4, 46.2-746.7, and 46.2-746.8 amended; §§ 46.2-734.1, 46.2-738.1, 46.2-746.01, 46.2-746.13, 46.2-746.15, 46.2-746.16, 46.2-746.17, 46.2-746.18, 46.2-746.19, 46.2-746.20, 46.2-747.1, 46.2-748.2, 46.2-749.2:8, 46.2-749.2:9, 46.2-749.2:11, 46.2-749.2:12, 46.2-749.2:17, 46.2-749.4:1, 46.2-749.4:2, 46.2-749.4:3, 46.2-749.6:1, 46.2-749.6:1.1, and 46.2-749.7:2 repealed.
Special license plates. Repeals authorization for issuance of special license plates as to which insufficient applications have been received within the time (three years; see subdivision 1 of subsection B of § 46.2-725) provided by law. The affected plates are those for participants in Operation Desert Shield/Desert Storm; those for Virginia Scuba divers, law-enforcement officers, persons once declared missing in action, employees of the Virginia Department of Transportation, returned Peace Corps volunteers; those celebrating the 250th anniversary of the County of Culpeper; those bearing the legends: GLOUCESTER COUNTY, WILDLIFE FOUNDATION OF VIRGINIA, VIRGINIA WILDLIFE FEDERATION, and HISTORIC YORKTOWN; those for members of the Loyal Order of Moose, the American Radio Relay League, the National Speleological Society, the Disabled American Veterans organization, the Gold Wing Road Riders Association, the Old Dominion Boat Club, the State Fire Chiefs Association of Virginia, and the Virginia State Firefighters Association; and those for supporters of the American Automobile Association, Great Meadow, the Richmond Braves, the Salem Avalanche, the Norfolk Tides, the Prince William Cannons, the Pulaski Rangers, the Lynchburg Hillcats, the Martinsville Phillies, the Danville Braves, the Bristol Tigers, D.A.R.E., Inc., parental involvement in local public school programs, Operation Smile, the Virginia Education Foundation, the Virginia's Western Highlands Travel Council, and the Washington D.C. United Soccer team. HB 35; CH. 90.

§§ 46.2-749.30:1 and 46.2-749.49 through 46.2-749.54 added.
Special license plates; United We Stand. Authorizes the issuance of special license plates whose design incorporates the flag of the Unites States of America and the legend: United We Stand. Issuance of these plates would be subject to an annual surcharge of $25. For each set of plates issued beyond 1,000 sets, $15 of each $25 fee would be paid to the Rewards for Justice Fund and used solely as reward payments to informants with information about known terrorists or terrorist plans.
The bill also authorizes special license plates (i) for supporters of the councils of the Girls Scouts of the USA serving Virginia Girl Scouts, (ii) depicting a Holstein dairy cow, (iii) with the legend EDUCATION BEGINS AT HOME, (iv) for supporters of the NASA Langley Research Center, (v) for supporters of the Relay for Life, and (vi) bearing the legend: "God Bless America." HB 89; CH. 893.

§ 46.2-752 amended.
Local vehicle licenses; fees. Authorizes any county, city, or town to enter into an agreement with the DMV Commissioner whereby the Commissioner will refuse to issue or renew any vehicle registration of any applicant who has not paid (i) the locality's vehicle license (decal) fee or (ii) tangible personal property taxes. Current provisions exempting delinquent personal property taxes of $50 or less and requiring that the tax be levied against the vehicle whose registration is being denied are eliminated. HB 486; CH. 206.

§ 46.2-752 amended.
Parking fines; personal property taxes on vehicles. Allows local governing bodies to enter into regional compacts for the interjurisdictional enforcement of local parking and vehicular personal property tax ordinances assessed against vehicles of persons. HB 1192; CH. 553.

§ 46.2-817 amended.
Eluding police; penalty. Provides for mandatory suspension of a driver's license for not less than 30 days and no more than one year when a person is convicted of an offense for eluding police. Currently, the court has the discretion to suspend a person's license for that period of time, unless the person exceeded the speed limit by 20 miles an hour, in which case the court is required to suspend the license for not less than 90 days. SB 405; CH. 505.

§§ 46.2-844 and 46.2-859 amended.
Passing stopped school buses. Adds passing a school bus on a private road to the existing language, which only includes highway or school driveway. HB 896; CH. 541.

§ 46.2-870 amended.
Speeding; prepayment of fines. Requires the Traffic Infractions and Uniform Fine Schedule adopted by the Supreme Court for the prepayment of fines to include a fine of not less than five dollars per mile over the posted speed limit for speeding on certain roads where the maximum speed limit is 55 or 65 miles per hour. HB 606; CH. 872.

§ 46.2-878.2 amended.
Speed limits in counties, cities, and towns. Expands the provisions of § 46.2-878.2 to apply the penalties presently applicable only to speeding in residence districts (fine up to $200) to all roads and streets in residence districts in counties, cities, and towns. HB 1030; CH. 882.

§ 46.2-882 amended.
Laser speed detection devices. Allows Culpeper County and towns located therein to use laser speed detection devices. HB 272; CH. 109.

§ 46.2-894 amended.
Duty of driver to stop; hit and run. Provides that any person convicted of hit and run is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results only in damage to property and the damage is at least $1,000 or (ii) a Class 1 misdemeanor if the accident results only in damage to property less than $1,000. Under current law, anyone convicted of hit and run is guilty of a Class 5 felony, regardless of the extent of injury or damage. HB 345; CH. 115.

§ 46.2-902.1 added.
Proof of insurance, etc., for vehicles involved in accidents. Authorizes law-enforcement officers present at the scene of reportable motor vehicle accidents to require the operators of motor vehicles involved to furnish proof that, at the time of such accident, either (i) the vehicles they were operating were insured motor vehicles as defined in § 46.2-705 or (ii) the fee required by § 46.2-706 for registration of uninsured vehicles had been paid. Failure to furnish proof of such within 30 days would constitute a Class 2 misdemeanor (jail up to six months and/or a fine up to $1,000). SB 358; CH. 450.

§ 46.2-920 amended.
Emergency vehicles; exceeding speed limits. Allows law-enforcement vehicles to exceed speed limits, without displaying warning lights or sounding sirens, for the purpose of "pacing" vehicles suspected of speeding. HB 539; CH. 134 (effective 3/19/02).

§ 46.2-921.1 added.
Approaching stationary emergency vehicles on highways. Requires drivers, when approaching stationary emergency vehicles on highways, where reasonable, to change lanes or, when lane changing is either unreasonable or unsafe, to proceed with caution. Violations are Class 1 misdemeanors. However, if a violation results in damage to property of another person, the court may order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty, order the suspension of the driver's privilege to operate a motor vehicle for two years. This bill is modeled on "Scott's Law" from Illinois. HB 1261; CH. 341/SB 367; CH. 163.

§ 46.2-924 amended.
Failure to yield to pedestrians. Allows Fairfax County the same ability as Arlington and Alexandria to provide for enhanced penalties for motorists who fail to yield the right-of-way to pedestrians in specially marked crosswalks. HB 1027; CH. 327.

§ 46.2-932.1. See § 63.1-1.1; SB 303.

§ 46.2-941 amended.
Law-enforcement notices sent through the mail. Revises the printing specifications for the words "Law-Enforcement Notice" on official mailing envelopes so that the words are no smaller than the print size of the primary address on the envelope. The bill also requires that the words be clearly visible through "window" envelopes. HB 167; CH. 102.

§ 46.2-1001 amended.
"Out-of-service" inspections. Allows specially trained law-enforcement officers of Washington County and Portsmouth to perform "out-of-service" inspections of trucks. HB 1242 adds Pulaski County; SB 108 adds Portsmouth and Pulaski County. HB 1102; CH. 223.

§ 46.2-1001 amended.
"Out-of-service" inspections. Adds Pulaski County to the list of localities whose specially trained law-enforcement officers are authorized to conduct "out-of-service" inspections of vehicles subject to federal motor carrier safety requirements. HB 1102 adds Washington County and Portsmouth; SB 108 authorizes Portsmouth and Pulaski County. HB 1242; CH. 263.

§ 46.2-1001 amended.
"Out-of-service" inspections. Allows specially trained law-enforcement officers of Portsmouth and Pulaski County to conduct "out-of-service" inspections of vehicles subject to federal motor carrier safety requirements. SB 108; CH. 142.

§ 46.2-1088.3 added.
Air bags. Provides that any person who, without the vehicle owner's knowledge, knowingly installs or reinstalls as part of the vehicle inflatable restraint system of a motor vehicle any air bag that was not designed in accordance with federal safety regulations for that make, model, and year of motor vehicle is guilty of a Class 1 misdemeanor (jail for up to 12 months and/or a fine up to $2,500) and that any person, without the vehicle owner's knowledge, installs or reinstalls an air bag that was previously installed in another motor vehicle is guilty of a Class 2 misdemeanor. HB 499; CH. 402.

§§ 46.2-1095 and 46.2-1098 amended.
Child restraint devices. Provides for a mandatory $50 civil penalty for violations of laws that require use of child restraint devices or safety belt systems when transporting children less than 16 years old in motor vehicles, except that a court may still waive or suspend the imposition of the penalty if it finds that the violation occurred because of the defendant's financial inability to acquire a child restraint system. HB 254; CH. 358.

§§ 46.2-1095 and 46.2-1100 amended.
Child restraint devices. Increases the maximum age of children that must be secured in child restraint devices when traveling in motor vehicles. The bill also allows restraining a child who is at least four years old but less than six years old with a standard automobile seat belt instead of a child restraint device, if the weight and size of the child is such as to make the use of such seat belt practical and the use of an approved child restraint impractical. HB 1328; CH. 660/SB 395; CH. 616.

§§ 46.2-1128, 58.1-2700.1, 58.1-2701, and 58.1-2709 amended; §§ 46.2-1139.1 and 46.2-1143.1 added.
Truck weights; overweight permits; road tax; penalties. Provides for an increase of the maximum weight of vehicles operating under "bought tolerances" from 80,000 pounds to 84,000 pounds. The bill also allows the DMV Commissioner to authorize agencies other than DMV to issue overweight permits for trucks, provides for overweight permits for trucks used to haul "excavated material," and replaces the present 19.5 cents-per-gallon road use tax with a flat fee of $100 per qualified vehicle. There are also editorial changes. HB 1244; CH. 265.

§ 46.2-1137 amended.
Overweight vehicles; liquidated damages; ability to shift load of certain overweight vehicles. Provides that motor vehicles that qualify for weight extensions under § 46.2-1129 and whose load can be shifted by sliding the axle or axles of the semitrailer or the fifth wheel of the tractor truck and motor vehicles transporting off-the-road mobile construction equipment will be assessed liquidated damages after load shifting rather than prior to shifting. HB 128; CH. 99/SB 63; CH. 431.

§ 46.2-1143 amended.
Trucks hauling gravel, sand, or crushed stone. Extends to July 1, 2007, the temporary application of coal truck weight limits to trucks hauling gravel, sand, or crushed stone in counties authorized to impose a coal severance tax. HB 1243; CH. 264.

§§ 46.2-1167 and 46.2-1182 amended.
Vehicle safety inspections and emissions inspections; maximum fees. Increases "cap" on motor vehicle safety inspection fees for passenger cars and pickup or panel trucks from $10 to $15 and increases "cap" on emission inspection fees from $20 to $28. HB 196; CH. 322.

§ 46.2-1220 amended.
Parking ordinances; Pittsylvania County. Adds Pittsylvania County to the list of counties that may by ordinance provide for the regulation of parking, stopping, and standing of vehicles within its boundaries (including the installation and maintenance of parking meters). HB 430; CH. 132/SB 287; CH. 48.

§ 46.2-1220 amended.
Parking. Prohibits localities to adopt ordinances prohibiting parking of two motorcycles in single parking spaces marked or sized for single four-wheel vehicles. Counties, cities, and towns may adopt ordinances permitting parking of three or more motorcycles in single parking spaces. HB 1255; CH. 266.

§ 46.2-1240 amended.
Disabled parking placards. Allows persons to whom disabled parking placards are issued to cover their age as shown on the placard with opaque removable tape. HB 265; CH. 108.

§ 46.2-1241 amended.
Disabled parking placards. Provides that no physician's certification of an applicant's disability will be required for the renewal of any disabled parking placard of an applicant to whom disabled parking license plates have been issued. HB 439; CH. 133.

§ 46.2-1243 amended.
Disabled parking ordinances; enforcement by owners. Authorizes Henry County (in addition to Franklin County, Danville and Martinsville) by ordinance to provide that a summons for disabled parking ordinances may be issued by any owner of a private parking area of a nursing home, provided the owner has registered his intention to issue summonses with the chief law-enforcement officer of the locality. HB 708; CH. 390.

§§ 46.2-2000, 46.2-2001, 46.2-2001.1, 46.2-2011.4, 46.2-2011.10, 46.2-2011.14, 46.2-2011.15, 46.2-2011.16, 46.2-2011.22, and 46.2-2099.30 amended; §§ 46.2-2099.20, 46.2-2099.22 through 46.2-2099.29, and 46.2-2099.31 through 46.2-2099.40 repealed.
Sight-seeing carriers by boat; special or charter party carriers by boat; motor carriers by launch. Repeals regulation of sight-seeing carriers by boat, special or charter party carriers by boat, and motor carriers by launch by the Department of Motor Vehicles except for insurance requirements. HB 301; CH. 861.

§§ 46.2-2001.3, 46.2-2005, and 46.2-2109 amended.
Property and passenger carriers. Clarifies legislation enacted by the 2001 Session to correct an erroneous cross-reference and to establish the procedure by which to appeal a denial by the Department of Motor Vehicles of an application for a license or certificate as a broker or a motor carrier of property or passengers. HB 541; CH. 870.

§§ 46.2-2005 and 46.2-2080 amended.
Motor carriers. Provides that DMV will not hear protests by aggrieved parties in cases where an applicant for licensure as a common carrier has received notice of intent to award a contract under the Virginia Public Procurement Act for irregular route services to or from Norfolk Airport. HB 1183; CH. 734/SB 435; CH. 681.

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