Bill Text: VA SB280 | 2012 | Regular Session | Prefiled
Bill Title: Motor vehicle insurance; places time limits on appeals to DMV for suspension of driver's license.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-30 - Governor: Acts of Assembly Chapter text (CHAP0471) [SB280 Detail]
Download: Virginia-2012-SB280-Prefiled.html
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12101902D Be it enacted by the General Assembly of Virginia: 1. That §§46.2-706 and 46.2-708 of the Code of Virginia are amended and reenacted as follows: §46.2-706. Additional fee; proof of insurance required of applicants for registration of insured motor vehicles; verification of insurance; suspension of driver's license, registration certificates, and license plates for certain violations. In addition to any other fees prescribed by law, every person registering an uninsured motor vehicle, as defined in §46.2-705, at the time of registering or reregistering the uninsured vehicle, shall pay a fee of $500; however, if the uninsured motor vehicle is being registered or reregistered for a period of less than a full year, the uninsured motor vehicle fee shall be prorated for the unexpired portion of the registration period. If the vehicle is a motor vehicle being registered or reregistered as provided in subsection B of § 46.2-697, the fee shall be one-fourth of the annual uninsured motor vehicle fee for each quarter for which the vehicle is registered. If the owner of a motor vehicle registered under this article as an uninsured motor vehicle, during the period for which such vehicle is registered, obtains insurance coverage adequate to permit such vehicle's registration as an insured motor vehicle and presents evidence satisfactory to the Commissioner of the existence of such insurance coverage, the Commissioner shall amend the Department's records to show such vehicle to be registered as an insured motor vehicle and shall refund to the owner a prorated portion of the additional fee required by this section for registration of an uninsured motor vehicle. Such proration shall be on a monthly basis, except that no such refund shall be made (i) as to any registration during the last three months of its validity or (ii) on any portion of any such fee required to be paid resulting from a determination by the Department or any court that a vehicle was uninsured and no fee had been paid. Every person applying for registration of a motor vehicle and declaring it to be an insured motor vehicle shall, under the penalties set forth in §46.2-707, execute and furnish to the Commissioner his certificate that the motor vehicle is an insured motor vehicle as defined in §46.2-705, or that the Commissioner has issued to its owner, in accordance with §46.2-368, a certificate of self-insurance applicable to the vehicle sought to be registered. The Commissioner, or his duly authorized agent, may verify that the motor vehicle is properly insured by comparing owner and vehicle identification information on file at the Department of Motor Vehicles with liability information on the owner and vehicle transmitted to the Department by any insurance company licensed to do business in the Commonwealth as provided in § 46.2-706.1. If no record of liability insurance is found, the Department may require the motor vehicle owner to verify insurance in a method prescribed by the Commissioner. The refusal or neglect of any owner within thirty days to
submit the liability insurance information when required by the Commissioner or
his duly authorized agent, or the electronic notification by the insurance
company or surety company that the policy or bond named in the certificate of
insurance is not in effect, shall require the Commissioner to suspend any
driver's license and all registration certificates and license plates issued to
the owner of the motor vehicle until the person (i) has paid to the
Commissioner a fee of $500 to be disposed of as provided for in §46.2-710 with
respect to the motor vehicle determined to be uninsured and (ii) furnishes
proof of financial responsibility for the future in the manner prescribed in
Article 15 (§46.2-435 et seq.) of Chapter 3 The Commissioner shall suspend the driver's license and all registration certificates and license plates of any person on receiving a record of his conviction of a violation of any provisions of §46.2-707, but the Commissioner shall dispense with the suspension when the person is convicted for a violation of §46.2-707 and the Department's records show conclusively that the motor vehicle was insured or that the fee applicable to the registration of an uninsured motor vehicle has been paid by the owner prior to the date and time of the alleged offense. §46.2-708. Suspension of driver's license and registration when uninsured motor vehicle is involved in reportable accident; hearing prior to suspension. When it appears to the Commissioner from the records of his
office that an uninsured motor vehicle as defined in §46.2-705, subject to
registration in the Commonwealth, is involved in a reportable accident in the
Commonwealth resulting in death, injury or property damage with respect to
which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee
as prescribed in §46.2-706, the Commissioner shall, in addition to enforcing
the applicable provisions of Article 13 (§46.2-417 et seq.) of Chapter 3 However, when three years have elapsed from the effective date of the suspension herein required, the Commissioner may relieve such person of the requirement of furnishing proof of future financial responsibility. 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 insurance company qualified to do business in this Commonwealth, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined, or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the Department prior to the date and time of the accident, shall be sufficient bar to the suspension provided for in this section. |
