§ 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 or from a report submitted by an insurance company licensed to do business in the Commonwealth 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, the Commissioner shall, in addition to enforcing the applicable provisions of Article 13 (§ 46.2-417 et seq.) of Chapter 3, suspend such owner’s driver’s license and all of his license plates and registration certificates until such person has complied with Article 13 of Chapter 3 and has paid to the Commissioner a noncompliance fee of $600, to be disposed of as provided by § 46.2-710, with respect to the motor vehicle involved in the accident and furnishes proof of financial responsibility in the future in the manner prescribed in Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, no order of suspension required by this section shall become effective until the Commissioner has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. Any request for an administrative hearing made by such person must be received by the Department within 180 days of the issuance date of the order of suspension unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order of suspension was issued. 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 financial responsibility in the future. 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 shall be sufficient bar to the suspension provided for in this section.
History
This law was first created in 1958. The record of its establishment is cataloged in chapter 407 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1958 “Acts” aren’t available online. It has been modified 16 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 188; in 1966, chapters 181 and 548; in 1970, chapter 68; in 1972, chapters 552, 638, and 729; in 1973, chapter 25; in 1974, chapter 604; in 1978, chapter 563; in 1981, chapter 193; in 1984, chapters 399 and 780; in 1988, chapter 470; in 1989, chapter 727; in 1998, chapter 404; in 2012, chapters 151 and 471; in 2019, chapters 149 and 193; in 2023, chapter 538; in 2025, chapters 163 and 177.
1958, c. 407, § 46.1-167.4; 1960, c. 188; 1966, cc. 181, 548; 1970, c. 68; 1972, cc. 552, 638, 729; 1973, c. 25; 1974, c. 604; 1978, c. 563; 1981, c. 193; 1984, cc. 399, 780; 1988, c. 470; 1989, c. 727; 1998, c. 404; 2012, cc. 151, 471; 2019, cc. 149, 193; 2023, c. 538; 2025, cc. 163, 177.