Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Table of Contents
ALCOHOL & DRUG RELATED VIOLATIONS ............................................... 1
HB 1708 Alcohol-related reckless driving................................................................................................. 1
HB 2518 Driver's licenses issued to persons convicted of driving under the influence. .......................... 1
HB 3023 Use of synthetic urine to defeat a drug or alcohol test. ............................................................. 2
DMV FEES .......................................................................................... 3
HB 1930 & SB 1097 DMV fees................................................................................................................. 3
HB 2027 & SB 1153 DMV driver record abstracts.................................................................................... 3
HB 3028 CDL examination fees. .............................................................................................................. 3
HB 3202 (In part) Civil Remedial Fees. .................................................................................................... 4
DRIVER LICENSES & IDENTIFICATION CARDS......................................... 6
HB 1704 & SB 816 Driver's licenses; extension of period of validity........................................................ 6
HB 2177 Issuance of a license to operate a motorcycle. ......................................................................... 9
HB 2266 & SB 886 Limits on driving on a restricted permit. .................................................................. 10
HB 2471 Grandfathering ID Cards & Waiving Legal Presence for applicants born in 1937 or earlier. .. 10
SB 1039 Driver's license applicable to those under 18 years old. ......................................................... 11
FREEDOM OF INFORMATION ACT & DMV RECORDS................................ 16
HB 1790 Freedom of Information Act; access by persons civilly committed under the Sexually Violent
Predators Act. ......................................................................................................................................... 16
HB 1791 Freedom of Information Act; responses to requests for public records................................... 16
MISCELLANEOUS .............................................................................. 16
HB 1650 DMV Select compensation ...................................................................................................... 16
HB 1729 Maximum speed limit for school buses.................................................................................... 17
HB 1908 & SB 1060 Child restraint devices. .......................................................................................... 17
HB 1986 Parking; VDOT commuter parking lots. ...................................................................................17
PERSONAL PROPERTY TAX RELIEF ACT................................................. 18
HB 2975 Personal Property Tax Relief Act of 1998. .............................................................................. 18
PHOTOMONITORING.......................................................................... 18
HB 2462 & SB 1100 Photo Toll .............................................................................................................. 18
i
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
SPECIAL LICENSE PLATES .................................................................. 19
HB 1782 & SB 1350 Special license plates; Fraternal Order of Police of Virginia; fees. ....................... 19
HB 1964 Special license plates; nurses. ................................................................................................ 19
HB 2132 HOV lanes; exemption for clean special fuel vehicles............................................................. 20
HB 2536 Special license plates; repeal of authorizations. ..................................................................... 20
HB 2787 Special license plates; U.S. Coast Guard................................................................................ 20
SB 803 Special license plates; Robert E. Lee. ....................................................................................... 21
TITLES & REGISTRATION ................................................................... 21
HB 1817 Vehicle titling and registration.................................................................................................. 21
HB 2465 License plates for antique motor vehicles and antique trailers; penalties. .............................. 21
HB 2501 & SB 1383 Specially constructed, reconstructed, and replica vehicles................................... 22
HB 3071 Odometer readings. ................................................................................................................. 22
SB 993 Disabled parking. ....................................................................................................................... 23
ADMINISTRATIVE ACTIONS ................................................................ 24
Driver Improvement Clinic Reminder Letters.......................................................................................... 24
ii
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
ALCOHOL & DRUG RELATED VIOLATIONS
HB 1708 Alcohol-related reckless driving.
(Va. Code § 46.2-392 as amended and reenacted by Chapter 432)
Whenever a person is convicted of reckless driving and the offense is alcohol or drug
related, the court may suspend the person’s driving privileges and order enrollment and
completion of the Virginia Alcohol Safety Action Program (VASAP). Effective July 1,
2007, Va. Code §46.2-392 was amended to require DMV to wait until the person has
enrolled in an alcohol safety action program before reinstating the person’s driving
privileges.
VASAP enrollment will be listed on the reckless driving suspension order as a
requirement for the customer to reinstate driving privileges once the suspension period
has ended. If the court grants restricted driving privileges, the person will have to
comply with the VASAP enrollment requirement in order to obtain the restricted license
from DMV. When the person enrolls in VASAP, the VASAP representative will update
the customer’s record to reflect enrollment in the program.
Although the court may have required the person to enroll in and complete VASAP, for
purposes of driver’s license reinstatement and issuance of a restricted license, this bill
only requires that the person enroll in the program.
Contact: Shirley Jeffers (804) 367-6658
Email: Shirley.Jeffers@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, VASAP
HB 2518 Driver's licenses issued to persons convicted of driving under the
influence.
(Va. Code § 46.2-316 as amended and reenacted by Chapter 496)
Prohibits the Department of Motor Vehicles from issuing or reinstating the driver's
license of a person who has been convicted of driving under the influence or a related
offense during the three-year period following the conviction, unless the person provides
proof that he has in effect a motor vehicle liability insurance policy with limits that are
double the minimum limits required generally for motor vehicle liability insurance
policies.
Meetings will be held with representatives from the insurance industry prior to
implementation.
Note: This bill is effective January 1, 2008
Contact: James Junius (804) 367-8973
Email: James.Junius@dmv.virginia.gov
Distribution: DMV
All effective dates are July 1, 2007 unless otherwise noted
Page 1 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
HB 3023 Use of synthetic urine to defeat a drug or alcohol test.
(Va. Code § 46.2-341.18:2 as amended and reenacted by Chapter 422)
Requires the Department of Motor Vehicles (DMV) Commissioner to disqualify for a
period of one year any commercial driver's license holder who has been convicted of a
violation of §18.2-251.4 (falsifying urine tests). These violations will not typically occur
as a result of the operation of a motor vehicle. For example, convictions may result
from an individual’s attempt to falsify urine tests related to their participation in drug
rehabilitation programs.
Virginia Code §46.2-341.18:2 requires that the disqualification order run concurrently
with other outstanding suspension and revocation orders. The conviction and
disqualification order will appear on transcripts as follows:
CONVICTED
ON 06/01/2007 OFFENS DESC IN VA
CODE SEC 46.2-341.18:2
OFFENSE DATE: 05/01/2007
GENERAL DISTRICT CT ROANOKE COUNTY
DEMERIT PTS: 0
CODE SECTION: 18.2-251.4
COUNSEL: PRIVATE
DEFENDANT: PRESENT
COMMERCIAL VEHICLE
CDL HOLDER: YES
DISQUAL
ISS: 06/25/2007 TERM: 05/30/2008
CDL DISQUALIFICATION
CONVICTION: 01/01/2007 GENERAL DISTRICT CT ROANOKE COUNTY
ORDER DELIVERY DATE:
ORDER MAILED
DISQ LENGTH: 1 YEAR
Although this bill specifically applies to sanctioning of commercial driver license holders
upon conviction of Va. Code § 18.2-251.5, existing law (Va. Code § 46.2-390.1) also
requires DMV to administratively revoke a person’s privilege to drive regular passenger
vehicles for a period of six months for drug-related violations. This driver’s license
revocation runs consecutively with any other suspension/revocation in effect.
DMV Only:
A new one-year disqualification order (CD25) will be issued to holders of commercial
driver licenses (CDL) upon receipt of this conviction.
No points will be assessed for this violation.
Contact: Ronnie Hall (804) 367-6824
Email: Ronnie.Hall@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, VASAP,
Virginia Trucking Association, FMCSA, 3RD Party Testers, Class A Driver Training
Schools
All effective dates are July 1, 2007 unless otherwise noted
Page 2 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
DMV FEES
HB 1930 & SB 1097 DMV fees.
(Va. Code §§ 46.2-208 and 46.2-214 as amended and reenacted by Chapters 156 &
447)
These bills amend Va. Code §46.2-208 (9) and §46.2-214 (repeals HB 646 passed
during the 2006 General Assembly).
Effective July 1, 2007 DMV will no longer charge any federal, state, or local
governmental entity, local government group self-insurance pool, law enforcement
officer, attorney for the Commonwealth, court or the authorized agent of any of the
foregoing half the normal fee for a transcript (abstract). Nor will these groups be
charged for any special programming needed to change an existing program used by
their agency or to exact data for a special data run needed to perform their official
functions.
Contact: Janet Williams (804) 497-7191 or Linda Harry (804) 497-7155
Email: Janet.Williams@dmv.virginia.gov or Linda.Harry@dmv.virginia.gov
Distribution: DMV
HB 2027 & SB 1153 DMV driver record abstracts.
(Va. Code § 46.2-208 as amended and reenacted by Chapters 70 & 188)
Allows DMV to provide a driving record at half-price to a volunteer driver for Faith in
Action.
Contact: Janet Williams (804) 497-7191 or Linda Harry (804) 497-7155
Email: Janet.Williams@dmv.virginia.gov or Linda.Harry@dmv.virginia.gov
Distribution: DMV
HB 3028 CDL examination fees.
(Va. Code § 46.2-332 as amended and reenacted by Chapter 223)
Provides for a fee of $50 to be charged by DMV every time an applicant for a
commercial driver's license (CDL) fails to attend a scheduled skills test appointment,
unless such applicant cancels his appointment with the assigned driver's license
examiner at least 24 hours in advance of the scheduled appointment. The
Commissioner may, on a case-by-case basis, waive such fee for good cause shown.
Contact: David Pierce (804) 367-8809
Email: David.Pierce@dmv.virginia.gov
Distribution: DMV, Virginia Trucking Association, Class A Driving Schools, Community
College System
All effective dates are July 1, 2007 unless otherwise noted
Page 3 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
HB 3202 (In part) Civil Remedial Fees.
(Va. Code §46.2-206.1 as amended and reenacted by Chapter 896)
This portion of HB3202 requires the imposition of civil remedial fees on drivers
convicted of certain offenses committed on or after July 1, 2007, as well as drivers who
accumulate 8 or more demerit points related to any demerit point conviction with an
offense date of July 1, 2007 or after.
These fees apply to any resident of Virginia operating a motor vehicle on the highways
of Virginia, including persons:
y
y
y
Holding a Virginia driver's license, commercial driver's license, or learner's
permit.
Operating motor vehicles without licenses.
Operating motor vehicles when license has been revoked or suspended.
Imposition of Fees - Convictions
If convicted of the following offenses, committed on or after July 1, 2007, the court will
order the person to pay the amount indicated below each year for three years:
y
y
y
y
y
Driving while his driver's license was suspended or revoked - $250 each;
Reckless driving or aggressive driving - $350 each;
Driving while intoxicated - $750 each;
Any other misdemeanor conviction for a driving and/or motor vehicle related
violation - $300 each; and
Any felony conviction for a driving or motor vehicle-related offense - $1,000
each.
The court will collect the first payment and DMV will collect the second and third
payments for the same amount. At this time, there is no designated vendor to allow for
prepayment of the second and third payments. If the person does not pay the first fee
(or comply with the terms of the court’s installment agreement), the court will direct
DMV, through a designated vendor, to suspend the person’s driving privilege. In this
case, DMV will send the customer a notice of the court suspension for nonpayment of
fines, costs and fees (CV99 or CV97).
A vendor designated by DMV will send all customer notices of the second and third
payments via first class mail. The notices will instruct customers to make the second
payment to the vendor within 14 months and the third payment within 26 months from
the conviction date.
If the customer fails to pay the required fees, an order of suspension will be issued and
sent via certified mail. The suspension effective date will be 10 days after the due date.
All effective dates are July 1, 2007 unless otherwise noted
Page 4 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Imposition of Fees – Point Balance
The law requires DMV to assess a fee to customers whose record reflects a point
balance of 8 demerit points or more as of July 15 of each year. The assessment of fees
will only apply to demerit points assessed for convictions of offenses committed on or
after July 1, 2007. No demerit point fees will be assessed until July 2008.
Assessments will be as follows:
y
y
y
8 demerit point balance
Each demerit point above 8
Maximum fee
$100
$75
$700
Any safe driving points the customer receives for completing a driver improvement clinic
or for driving one calendar year conviction/suspension free will be used to offset demerit
points. The law requires that DMV apply safe driving points to the convictions with the
chronologically earliest offense date, for which demerit points have been assigned and
are valid. Therefore, if a driver already has a demerit point balance associated with
convictions with an offense date prior to July 1, 2007, gets a ticket and conviction after
July 1, any safe driving points received will be applied to offset demerit points for the
oldest conviction(s).
When a customer accumulates 3 to 7 demerit points, the vendor designated by DMV
will send the customer a warning letter regarding possible imposition of fees beginning
at the 8 demerit point level via first class mail.
Once the customer reaches the 8 demerit point level, the vendor will send all customer
notices of the requirement to pay the fee specified by DMV. The notices will be sent via
first class mail and provide the customer with the due date, the payment amount and
instructions for paying the fee(s).
If the customer fails to pay the required fees, an order of suspension will be issued and
sent via certified mail. The suspension effective date will be 10 days after the due date.
Once a person’s driving privilege is suspended, an $85 reinstatement fee will also be
required.
Suspensions for nonpayment of civil remedial fees related to convictions and points will
display on the transcript as follows:
SUSPENSION ISS: 06/25/2008 EFFECTIVE: 08/24/2008
FOR FAIL PAY 2ND REMEDIAL FEE
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT AUGUSTA COUNTY
NOTIFIED: 06/20/2007 BY COURT DC225
ORDER DELIVERY DATE:
ORDER PEND RESPONSE
SUSPENSION ISS: 06/25/2008 EFFECTIVE: 08/24/2008
FOR FAIL PAY 3RD REMEDIAL FEE
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT AUGUSTA COUNTY
NOTIFIED: 06/20/2007 BY COURT DC225
ORDER DELIVERY DATE:
ORDER PEND RESPONSE
All effective dates are July 1, 2007 unless otherwise noted
Page 5 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
SUSPENSION ISS: 06/25/2008 EFFECTIVE: 08/24/2008
FOR FAIL PAY DEMERIT POINT FEE
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT HANOVER COUNTY
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT AUGUSTA COUNTY
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT GOOCHLAND COUNTY
CONVICTION: 06/01/2007 GENERAL DISTRICT COURT CHESTERFIELD COUNTY
ORDER DELIVERY DATE:
ORDER PEND RESPONSE
Customer Inquiries
The vendor will respond to customer inquiries regarding payment of the fees, and will
direct customers with questions about their driving record to the DMV Customer Contact
Center.
Appeal Process:
If a person disputes a conviction on his driver's record based upon identity, the person
may petition the convicting court. Once DMV receives a certified copy of a petition to a
court seeking to vacate the suspension order, DMV will hold the order in abeyance for
up to one year from the date the petition was filed, or until 30 days after an entry of a
final order on such petition, whichever occurs first.
Contact: Millicent Ford (804) 367-2454
Email: Millicent.Ford@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, Driver
Training Schools, Driver Improvement Clinics, Department of Education
DRIVER LICENSES & IDENTIFICATION CARDS
HB 1704 & SB 816 Driver's licenses; extension of period of validity.
(Va. Code § 46.2-221.2 as amended and reenacted by Chapters 249 and 589)
This bill adds another group of Virginia drivers to the list of those who are eligible to
obtain a 3-year extension of their Virginia driver’s license.
Currently eligible groups:
1. A person serving outside the Commonwealth as an active duty member of the
armed forces of the Unites States.
2. A person serving outside the United States as a member of the diplomatic service of
the United States.
3. A spouse and dependents of #1 and #2.
All effective dates are July 1, 2007 unless otherwise noted
Page 6 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Newly eligible groups:
1. A civilian employee of a contractor or agency of the U.S. government acting on
behalf of the U.S. government.
2. A spouse and dependents of #1.
Military extensions are valid for three years OR for 60 days after the holder’s return to
Virginia, whichever occurs first.
Diplomatic and civilian employee/contractor extensions are valid for three years OR for
60 days after the holder’s return to the United States, whichever occurs first.
An extension can be granted after the expiration of the driver’s license, provided it is
within the three-year extension period. (Example: The license expired 6/30/07. An
extension can be granted until 6/30/10.)
Only one extension can be granted. There is no charge for an extension.
Applicants will need to submit an application along with documentation to support
eligibility according to the above categories.
Once an extension has been authorized an extension card will be printed and mailed to
the customer to carry with their expired Virginia driver’s license.
If an applicant for an extension no longer has their Virginia driver’s license because it
has been lost, stolen, or mutilated and there is a digital image to retrieve from our
records, a duplicate license can be issued for an expired license that has been
extended. The normal driver’s license replacement fee will be charged.
Sample Civilian Employee/Contractor Extension Cards
VIRGINIA DEPARTMENT OF MOTOR VEHICLES
CIVILIAN EMPLOYEE/CONTRACTOR
CUSTOMER NO:
LICENSE EXPIRATION DT:
EXTENSION EXPIRATION DT:
OR
60 DAYS AFTER RETURNING TO THE UNITED STATES.
WHICHEVER COMES FIRST
THIS EXTENSION ALLOWS THE ABOVE PERSON TO DRIVE IN
ACCORDANCE WITH ANY RESTRICTIONS NOTED ON THE LICENSE
THIS EXTENSION MUST BE CARRIED WITH THE DRIVER'S LICENSE
AND DOCUMENTED PROOF THE LICENSEE IS ENTITLED TO THE
EXTENSION
All effective dates are July 1, 2007 unless otherwise noted
Page 7 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
LICENSE EXTENSION REQUIREMENTS
1.
BE A CIVILIAN EMPLOYEE OF A CONTRACTOR OR AGENCY OF THE U.S. GOVERNMENT
ACTING ON BEHALF OF THE U.S. GOVERNMENT.
2.
HAVE A DRIVER'S LICENSE THAT IS EXPIRED FOR NOT MORE THAN 3 YEARS.
3.
HAVE BEEN OUTSIDE OF THE UNITED STATES SERVING AS A CIVILIAN EMPLOYEE OF A
CONTRACTOR OR AGENCY OF THE U.S. GOVERNMENT ACTING ON BEHALF OF THE U.S.
GOVERNMENT WHEN THE LICENSE EXPIRED.
4.
HAVE NOT BEEN RELOCATED IN THE UNITED STATES FOR MORE THAN 60 DAYS.
5.
BE A CIVILIAN EMPLOYEE OF A CONTRACTOR OR AGENCY OF THE U.S. GOVERNMENT
ACTING ON BEHALF OF THE U.S. GOVERNMENT WHO HAS NOT BEEN SEPARATED FROM
SERVICE FOR MORE THAN 60 DAYS.
VIRGINIA DEPARTMENT OF MOTOR VEHICLES
CIVILIAN EMPLOYEE/CONTRACTOR
(Spouse or Dependent)
CUSTOMER NO:
LICENSE EXPIRATION DT:
EXTENSION EXPIRATION DT:
OR
60 DAYS AFTER RETURNING TO THE UNITED STATES
WHICHEVER COMES FIRST
THIS EXTENSION ALLOWS THE ABOVE PERSON TO DRIVE IN
ACCORDANCE WITH ANY RESTRICTIONS NOTED ON THE LICENSE
THIS EXTENSION MUST BE CARRIED WITH THE DRIVER'S LICENSE
AND DOCUMENTED PROOF THE LICENSEE IS ENTITLED TO THE
EXTENSION
LICENSE EXTENSION REQUIREMENTS
1.
BE A SPOUSE OR DEPENDENT OF A CIVILIAN EMPLOYEE OF A CONTRACTOR OR
AGENCY OF THE U.S. GOVERNMENT ACTING ON BEHALF OF THE U.S. GOVERNMENT.
2.
HAVE A DRIVER'S LICENSE THAT IS EXPIRED FOR NOT MORE THAN 3 YEARS.
3.
HAVE BEEN OUTSIDE OF THE UNITED STATES ACCOMPANYING A CIVILIAN EMPLOYEE
OF A CONTRACTOR OR AGENCY OF THE U.S. GOVERNMENT ACTING ON BEHALF OF
THE U.S. GOVERNMENT WHEN THE LICENSE EXPIRED.
4.
5.
HAVE NOT BEEN RELOCATED IN THE UNITED STATES FOR MORE THAN 60 DAYS.
BE A SPOUSE OR DEPENDENT OFA CIVILIAN EMPLOYEE OF A CONTRACTOR OR
AGENCY OF THE U.S. GOVERNMENT ACTING ON BEHALF OF THE U.S. GOVERNMENT
WHO HAS NOT BEEN DISCHARGED FOR MORE THAN 60 DAYS.
Contact: Patricia Pringle (804) 367-6165
Email: Patricia.Pringle@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys
All effective dates are July 1, 2007 unless otherwise noted
Page 8 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
HB 2177 Issuance of a license to operate a motorcycle.
(Va. Code §§ 46.2-325, 46.2-328, 46.2-332, 46.2-337 and 46.2-1190.2 as amended and
reenacted by Chapter 190)
This legislation has four components:
1. Allows DMV to waive the motorcycle knowledge exam for customers who
successfully complete a Virginia-approved Motorcycle Rider Safety course on or
after July 1, 2007.
2. Requires any applicant for a motorcycle classification who fails the DMV
motorcycle road skills test twice after June 30, 2007 to successfully complete a
Virginia-approved Motorcycle Rider Safety course before obtaining a motorcycle
classification.
3. Creates a new Motorcycle Rider Safety course completion certificate. Holders of
a valid Virginia driver’s license and this completion certificate may operate a
motorcycle unaccompanied for a period of 30-days from course completion date. To
operate a motorcycle unaccompanied after 30-days the individual must visit a DMV
office to have the motorcycle classification added to their valid Virginia driver’s
license.
Additionally, this certificate can be used for one-year from course completion date to
waive the knowledge exam, road skills exam, and the 30-day motorcycle learner’s
permit holding period. It will NOT however, waive the 9-month motorcycle learner’s
permit holding period for an applicant under 19 years of age.
Sample Motorcycle Safety Course Certificate
4. Establishes minimum criteria for the paved range area used for the Motorcycle
Rider Safety course.
All effective dates are July 1, 2007 unless otherwise noted
Page 9 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Contact: Sharon Brown (804) 367-4371
Email: Sharon.Brown@dmv.virginia.gov
Distribution: DMV, Courts, Commonwealth’s Attorneys, Law Enforcement,
Department of Education, Driver Training Schools, Insurance Companies
HB 2266 & SB 886 Limits on driving on a restricted permit.
(Va. Code § 18.2-271.1 as amended and reenacted by Chapters 194 & 553)
This bill expands the limits on restricted driving privileges granted by the court for
medically necessary transportation. It allows a person whose driver’s license is
suspended or revoked to provide medically necessary transportation for any person
residing in the person's household with a serious medical problem upon written
verification of need by a licensed health professional.
Currently, the restriction is narrower, allowing for transportation of (i) the driver himself
or a spouse to and from health care services, (ii) an elderly parent for a medical
necessity, and (iii) minor children to medical care facilities.
All court restricted license order forms have been revised to reflect the new provision.
When the court has granted this type of restriction, it will display on the transcript as
follows:
COURT RESTRICTIONS: MEDICAL REASONS
These additional provisions do not apply to the restricted privileges granted by DMV for
violation of probation as authorized under the Driver Improvement statutes. Therefore,
the DI-100 restricted license order form does not include this change.
Contact: Ronnie Hall (804) 367-6824
Email: Ronnie.Hall@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, VASAP
HB 2471 Grandfathering ID Cards & Waiving Legal Presence for applicants born
in 1937 or earlier.
(Va. Code § 46.2-328.1 as amended and reenacted by Chapter 493)
This legislation has two components:
1. Grandfathers holders of Virginia ID cards issued prior to January 1, 2004 from
having to present proof of legal presence to renew an unexpired ID card. However,
as with driver’s licenses, if the ID card expires for as little as one day, is cancelled, or
the holder has an existing legal presence requirement on DMV records, the holder
will be required to present proof of legal presence prior to renewing the ID card.
All effective dates are July 1, 2007 unless otherwise noted
Page 10 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
2. Waives the legal presence requirement for applicants for ID cards who were born in
1937 or earlier AND hold a Virginia driver’s license or ID card that is valid or expired
for not more than 5-years.
NOTE: This exemption does not apply to applicants for driver’s licenses.
Contact: Patricia Pringle (804) 367-6165
Email: Patricia.Pringle@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement
SB 1039 Driver's license applicable to those under 18 years old.
(Va. Code § 46.2-334.01 as amended and reenacted by Chapter 777)
Amends §46.2-334.01 to prohibit provisional driver's license holders from using any
cellular telephone or any other wireless telecommunications device while operating a
motor vehicle. The bill provides exemptions for an emergency or when the vehicle is
legally parked.
In conjunction with the bill, certificates issued to students completing driver education
courses at public, private, home school and commercial driver training schools have
been revised to show the cell phone and other telecommunication devices restriction.
These certificates accompanied by a valid Virginia learner’s permit are a temporary
driver's license. The validity period of these certificates (forms DTC-B; HS-2 and PDL180), effective July 1, 2007, has been increased from 90 days to 180 days to provide
Juvenile and Domestic Courts additional time to schedule licensing ceremonies for
students.
Copies of certificates to follow:
All effective dates are July 1, 2007 unless otherwise noted
Page 11 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
All effective dates are July 1, 2007 unless otherwise noted
Page 12 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
All effective dates are July 1, 2007 unless otherwise noted
Page 13 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Sample Transcript and VCIN Report
All effective dates are July 1, 2007 unless otherwise noted
Page 14 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
Contact: James Junius (804) 367-8973
Email: James.Junius@dmv.virginia.gov
Distribution: Courts, Law Enforcement, Commonwealth’s Attorneys, Driver Training
Schools, Driver Improvement Clinics, Insurance Companies, Department of Education
All effective dates are July 1, 2007 unless otherwise noted
Page 15 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
FREEDOM OF INFORMATION ACT & DMV RECORDS
HB 1790 Freedom of Information Act; access by persons civilly committed under
the Sexually Violent Predators Act.
(Va. Code § 2.2-3703 as amended and reenacted by Chapter 438)
Provides that the Freedom of Information Act does not afford any rights to persons
civilly committed pursuant to the Sexually Violent Predators Act, except in exercising
their constitutionally protected rights.
Contact: Dean Ricks (804) 367-8959
Email: Dean.Ricks@dmv.virginia.gov
Distribution: DMV
HB 1791 Freedom of Information Act; responses to requests for public records.
(Va. Code § 2.2-3704 as amended and reenacted by Chapter 439)
Allows a public body that receives a request for records under FOIA to respond that it
cannot find the requested records or the requested records do not exist when that is the
case. The bill also clarifies the other responses to requests for public records under
FOIA. The bill also contains technical amendments.
Contact: Dean Ricks (804) 367-8959
Email: Dean.Ricks@dmv.virginia.gov
Distribution: DMV
MISCELLANEOUS
HB 1650 DMV Select compensation
(The Budget Bill as amended and reenacted by Chapter 847)
432-1c: D. Effective July 1, 2007, the base compensation for DMV Select Agents shall
be set at 4.5 percent of gross collections for the first $500,000 and 5.0 percent of all
gross collections in excess of $500,000 made by the entity during each fiscal year. The
Commissioner shall supply the agents with all necessary agency forms to provide
services to the public, and shall cause to be paid all freight and postage, but shall not be
responsible for any extra clerk hire or other business-related expenses.
Contact: Kathy Jarrell 804.367.0543
Email: Kathy.Jarrell@dmv.virginia.gov
Distribution: DMV, DMV Selects
All effective dates are July 1, 2007 unless otherwise noted
Page 16 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
HB 1729 Maximum speed limit for school buses.
(Va. Code § 46.2-871 as amended and reenacted by Chapter 98)
Increases the maximum speed limit to 60 miles per hour for school buses traveling on
interstates and highways where the speed limit is greater than 55 miles per hour.
Contact: Sharon Brown (804) 367-4371
Email: Sharon.Brown@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Department of Education
HB 1908 & SB 1060 Child restraint devices.
(Va. Code §§ 46.2-1095 and 46.2-1100 as amended and reenacted by Chapters 91 &
935)
Increases the age that children must be secured in a child restraint device from up to
five years of age to up to eight years of age. Also requires that rear-facing child restraint
devices shall be secured only in the back seat of motor vehicles unless the vehicle does
not have a back seat and is not equipped with a passenger side airbag or the airbag
has been deactivated. The bill also removes the exemption from required child restraint
device use for the rear cargo area of vehicles other than pickup trucks. The bill also
increases the age from less than six years old to less than eight years old for the
permitted use of standard seat belt equipment for certain children and requires an
evaluation and written statement from a physician in order to qualify for an exemption
from the child restraint device requirement based on size/weight of the child.
Contact: David Mosley (804) 367-1143
Email: David.Mosley@dmv.virginia.gov
Distribution: DMV, Law Enforcement, Department of Health
HB 1986 Parking; VDOT commuter parking lots.
(Va. Code § 46.2-1219.2 as amended and reenacted by Chapter 263)
Provides that parking a vehicle in a VDOT-owned commuter parking lot in a way not in
conformance with posted signs and pavement markings is a traffic infraction.
This new conviction will display on driving records as:
IMPROPER PARKING-COMMUTER LOT
All effective dates are July 1, 2007 unless otherwise noted
Page 17 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
No demerit points will be assessed for this conviction.
Contact: Ronnie Hall (804) 367-6824
Email: Ronnie.Hall@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, VDOT
PERSONAL PROPERTY TAX RELIEF ACT
HB 2975 Personal Property Tax Relief Act of 1998.
(Va. Code § 58.1-3523 as amended and reenacted by Chapter 815)
Requires the commissioner of the revenue to rely upon the information at the
Department of Motor Vehicles in determining whether a vehicle qualifies for tax relief,
unless he has information that the Department's registration information is incorrect or
incomplete.
Contact: Theresa Gonyo (804) 367-1499
Email: Theresa.Gonyo@dmv.virginia.gov
Distribution: DMV
PHOTOMONITORING
HB 2462 & SB 1100 Photo Toll
(Va. Code §§ 46.2-819.1 and 46.2-819.3 as amended and reenacted by Chapters 78 &
200)
This bill removes a provision for the suspension of driving privileges if the court finds
that the violator has three or more unpaid tolls and failed to pay the required penalties,
fees and unpaid tolls. Effective July 1, 2007, when the court notifies DMV that a person
has failed to pay three or more tolls, the court will instruct DMV to refuse to issue or
renew the violator’s vehicle registration privileges. This stop will apply to any vehicles
owned/co-owned by the violator/non-owner, and the specific vehicle identified by the
court for the violator/owner. The stop on the violator’s vehicle registration privileges will
continue until the person has paid the required fees to the court and paid the $40
vehicle administrative stop fee to DMV.
Contact: James Gurney (804) 367-0453
Email: Jim.Gurney@dmv.virginia.gov
Distribution: DMV, VDOT, Law Enforcement
All effective dates are July 1, 2007 unless otherwise noted
Page 18 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
SPECIAL LICENSE PLATES
HB 1782 & SB 1350 Special license plates; Fraternal Order of Police of Virginia;
fees.
(Va. Code § 46.2-746.8 as amended and reenacted by Chapters 172 & 181)
Repeals the existing authorization for the FOP plate.
Authorizes the issuance of a revenue sharing special plate for members of the Fraternal
Order of Police (FOP), subject to the standard issuance requirements and an annual
$25 issuance fee.
Requires for each $25 fee collected in excess of 1,000, $15 be paid annually to the
Fraternal Order of Police of Virginia Charitable Foundation. The remaining fees will be
set aside for DMV's use.
Allows the current special license plates issued to members of the Fraternal Order of
Police prior to July 1, 2007, to remain valid until their expiration date, and prohibits the
renewal of those license plates thereafter.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
HB 1964 Special license plates; nurses.
(Enacted by Chapter 184)
Allows for the issuance of revenue sharing special license plates to registered nurses,
subject to the standard issuance requirements and an annual $25 issuance fee.
Requires for each $25 fee collected in excess of 1,000, $15 be paid annually to the
Virginia Nurses Association Foundation and used by the Foundation to support
initiatives to alleviate Virginia's nursing shortage. The remaining fees will be set aside
for DMV's use.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
All effective dates are July 1, 2007 unless otherwise noted
Page 19 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
HB 2132 HOV lanes; exemption for clean special fuel vehicles.
(Va. Code § 33.1-46.2 as amended and reenacted by Chapter 317)
Extends the "sunset" to 2008 authorizing the use of certain HOV lanes by vehicles
bearing clean special fuel vehicle license plates.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
HB 2536 Special license plates; repeal of authorizations.
(Chapter 522 of the Acts of Assembly of 2006, §§ 1, 3, 4, and 5 of the second
enactment of Chapter 852 of the Acts of Assembly of 2006, and §§ 1, 2, 3, 5, 7, 8, 9, 10,
11, and 12 of Chapter 918 of the Acts of Assembly of 2006 as repealed by Chapter 201)
Repeals 2006 Session authorizations of special license plates that failed to obtain the
required number of prepaid orders. These are special license plates for members of the
Virginia State Defense Force, supporters of childhood cancer awareness, supporters of
youth soccer, honoring Robert E. Lee, bearing the legend "I VOTED," supporters of the
USO, supporters of the National D-Day Memorial Foundation, supporters of the National
Multiple Sclerosis Society, veterans of U.S. military operations since September 11,
2001, in Afghanistan and Iraq, supporters of the Boy Scouts of America, and supporters
of 9-1-1 communications professionals.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
HB 2787 Special license plates; U.S. Coast Guard.
(Enacted by Chapter 669)
Authorizes the issuance of special license plates for members and unremarried
surviving spouses of members of the U.S. Coast Guard.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
All effective dates are July 1, 2007 unless otherwise noted
Page 20 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
SB 803 Special license plates; Robert E. Lee.
(Enacted by Chapter 235)
Authorizes the Commissioner of the Department of Motor Vehicles to issue special
license plates honoring Robert E. Lee.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects
TITLES & REGISTRATION
HB 1817 Vehicle titling and registration.
(Va. Code § 46.2-600 as amended and reenacted by Chapter 934)
This bill amends § 46.2-600 to exempt from the Virginia titling and registration
requirements any vehicle registered to a non-Virginia resident active duty military
service member, activated reserve or national guard member, or mobilized reserve or
national guard member living in Virginia.
As long as the service member is the sole owner of the vehicle, the vehicle is not used
in or arising from a trade or business, and the vehicle is registered in the service
member's home state, the service member is exempt from Virginia's titling and
registration requirements.
Contact: Eula Moore-Anderson (804) 367-2634
Email: Eula.Moore-Anderson@dmv.virginia.gov
Distribution: DMV, DMV Selects, Courts, Commonwealth’s Attorneys, Law
Enforcement, Insurance Companies
HB 2465 License plates for antique motor vehicles and antique trailers; penalties.
(Va. Code § 46.2-730 as amended and reenacted by Chapter 492)
Provides that applicants for antique license plates show evidence of ownership or
regular use of another passenger car or motorcycle. The bill also changes the fee for
registration and license plates from a $10 one-time fee to a $50 one-time fee; corrects
the dates for issuance of metal tabs; prohibits commercial use of vehicles displaying
antique license plates; maintains the 250-mile occasional pleasure driving distance
restriction; permits use of these plates to carry or transport passengers, personal
effects, or other antique motor vehicles being transported for show; and requires that
vehicles must meet safety equipment requirements for the model year in which they
were manufactured. In addition, the bill (i) provides that DMV shall suspend the
registration of vehicles registered with antique plates if the vehicle is not properly
All effective dates are July 1, 2007 unless otherwise noted
Page 21 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
equipped or is otherwise unsafe to operate, (ii) establishes a Class 4 misdemeanor for
violations of this act, and (iii) requires that DMV revoke and not reinstate the owner's
privilege to register the vehicle with antique license plates for a period of five years.
Lastly, the bill provides for the cancellation of antique vehicle plates issued prior to July
1, 2007 if, prior to January 1, 2008, registrants do not provide the Department with
evidence of owning or having regular use of another passenger car or motorcycle and
do not have the required safety certification.
Contact: Carolyn Easley (804) 367-0368
Email: Carolyn.Easley@dmv.virginia.gov
Distribution: DMV, DMV Selects, Courts, Commonwealth’s Attorneys, Law
Enforcement, Insurance Companies
HB 2501 & SB 1383 Specially constructed, reconstructed, and replica vehicles.
(Va. Code §§ 46.2-100, 46.2-625 and 46.2-602.1 as amended, reenacted and added by
Chapters 325 & 393)
Revises procedures whereby specially constructed, reconstructed, and replica vehicles
are titled and registered by DMV. The bill also provides that these vehicles meet safety
and emission standards for the year of which the vehicle is a replica.
Requires any registered vehicles constructed or assembled by multiple manufacturers
or assemblers to be subject to vehicle safety inspections and emissions inspections,
and to meet the safety and emission requirements established for the model year of
which the vehicle is a replica. Requires DMV to assign a new vehicle identification
number, line-make, and model year to each replica vehicle, if required.
Requires certificates of titles and registrations for specially constructed, reconstructed,
and replica vehicles be branded with the words "specially constructed," "reconstructed,"
or "replica" as appropriate.
Requires applicant to specify year of assembly completion, which will be used to
determine antique plate eligibility.
Contact: Joe Owsiak 804.367.2977
Email: Joseph.Owsiak@dmv.virginia.gov
Distribution: VADA, VIADA, MVDB, Courts, Commonwealth’s Attorneys, Law
Enforcement, Insurance Companies
HB 3071 Odometer readings.
(Va. Code § 46.2-629 as amended and reenacted by Chapter 225)
Exempts vehicles that were manufactured for a model year at least 10 years earlier than
the calendar year in which a sale or transfer occurs and were previously exempt from
All effective dates are July 1, 2007 unless otherwise noted
Page 22 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
recording an odometer reading on the certificate of title in another state from odometer
reading certifications.
Contact: Eula Moore-Anderson (804) 367-2634
Email: Eula.Moore-Anderson@dmv.virginia.gov
Distribution: DMV, DMV Selects, VADA, VIADA, MVDB
SB 993 Disabled parking.
(Va. Code §§ 46.2-731, 46.2-739, 46.2-1240 and 46.2-1241 as amended and reenacted
by Chapter 715)
This bill expands the disabled parking certification authority for licensed podiatrists and
chiropractors and gives licensed physician assistants the same disabled parking
certification authority as licensed physicians and nurse practitioners. Specifically,
effective July 1, 2007, licensed podiatrists and chiropractors are able to complete
certifications for patients to obtain permanent placards and disabled parking license
plates. These certifications will be limited to the following conditions and disabilities that
limit or impair the ability to walk as outlined in Va. Code §§ 46.2-100 and 46.2-1240:
y
y
y
y
Cannot walk 200 feet without stopping to rest.
Cannot walk without the use of or assistance from a brace, cane, crutch,
another person, prosthetic device, wheelchair, or other assistive device.
Is severely limited in ability to walk due to an arthritic, neurological, or
orthopedic condition.
Has some other debilitating condition that, in the view of a licensed physician,
nurse practitioner, physician's assistant, podiatrist, or chiropractor, limits or
impairs ability to walk.
DMV has revised the Disabled Parking Plates or Placard Application (MED 10) and the
Disabled Parking Privileges Information (MED 12) brochure to coincide with the
changes noted above. The application form provides a section for certifications by
physicians, nurse practitioners and physician’s assistants, and a separate section for
podiatrists and chiropractors to complete certifications for disabled parking license
plates, and permanent and temporary placards.
Contact: Billie Vaughan (804) 367-0670
Email: Billie.Vaughan@dmv.virginia.gov
Distribution: DMV, Department of Health Professions
All effective dates are July 1, 2007 unless otherwise noted
Page 23 of 24
Virginia Department of Motor Vehicles
2007 Legislative Bulletin
ADMINISTRATIVE ACTIONS
Driver Improvement Clinic Reminder Letters
In accordance with Va. Code § 46.2-498, whenever a person accumulates 12 demerit
points within a 12-month period or 18 demerit points within a 24-month period, DMV
sends the person an Official Notice/Order of Suspension requiring the completion of a
driver improvement clinic within 90 days. DMV sends this notice/order via certified mail.
If the person does not complete the clinic within this timeframe, the person’s driver’s
license status changes to “suspended” on the date stated in the notice/order.
Effective July 1, 2007, DMV will begin sending a reminder letter to customers required
to comply with the clinic requirement. If the customer’s record reflects an outstanding
clinic requirement, DMV will send the customer a reminder letter via first class mail
approximately 30 days before the deadline date. DMV is implementing this change in
an effort to ensure that customers are not unnecessarily suspended for failure to
comply. If the customer has not completed a clinic this will serve as a reminder. If the
person has completed the clinic, but for some reason the completion information has
not been entered on their record, it will alert the customer to follow up with the clinic
provider regarding submission of the clinic completion information.
Information regarding the issuance of the reminder letter will appear on transcripts
within the suspension event for noncompliance with the clinic requirement as displayed
below:
SUSPENSION
ISSUED: 07/11/2007 DI CLINIC REQUIREMENT
NOTIFIED: 09/11/2007 BY DI REMINDER LTR
EFFECTIVE: 10/12/07
ACTION: CLINIC INTERVIEW
NOTIFIED: 07/13/2007 BY ORDER DELIVERY ACCEPTED BY ADDRESSEE
ORDER DELIVERY DATE: 07/13/2007 ORDER ACCEPTED BY ADDRESSEE
DMV Only:
The fact that a clinic reminder letter (DINO) was issued will display as a part of the clinic
order on the Order Inquiry (ORDINQ) screen. When the clinic order is issued, DINO will
display in the Follow Up Process CD field with the Follow Up DT as the date the
reminder letter will be issued (30 days before the order issue date). Once the follow up
date comes, CSS will automatically issue the reminder letter. At that time, the NTFY
SRC, NTFY DT and NTFY DOC# fields will appear and be populated with “DI
REMINDER LTR”, the reminder letter issue date, and all 9’s as the document number.
Images of the reminder letters will be captured and retained in the OnBase system.
Contact: Ronnie Hall (804) 367-6824
Email: Ronnie.Hall@dmv.virginia.gov
Distribution: DMV, Courts, Law Enforcement, Commonwealth’s Attorneys, Driver
Improvement Clinics
All effective dates are July 1, 2007 unless otherwise noted
Page 24 of 24