{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-503.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-503.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-503.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-503.html"}],"law_id":54759,"edition_id":1,"section_id":54759,"structure_id":13753,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","history":"2004, c. 783, \u00a7 33.1-56.3; 2008, cc. 167, 280; 2013, cc. 85, 101; 2014, c. 805; 2015, cc. 502, 503; 2016, c. 753; 2020, cc. 964, 965.","full_text":"Any person operating a motor vehicle on designated HOT lanes shall make arrangements with the HOT lanes operator for payment of the required toll prior to entering such HOT lanes. The operator of a vehicle who enters the HOT lanes in an unauthorized vehicle, in violation of the conditions for use of such HOT lanes established pursuant to \u00a7 33.2-502, without payment of the required toll or without having made arrangements with the HOT lanes operator for payment of the required toll shall have committed a violation of this section, which may be enforced in the following manner:\n\n1\n\nOn a form prescribed by the Supreme Court, a summons for a violation of this section may be executed by a law-enforcement officer, when such violation is observed by such officer. The form shall contain the option for the operator of the vehicle to prepay the unpaid toll and all penalties, administrative fees, and costs.2\n\na. A HOT lanes operator shall install and operate, or cause to be installed or operated, a photo-enforcement system at locations where tolls are collected for the use of such HOT lanes.\n\t\t\tb. A summons for a violation of this section may be executed when such violation is evidenced by information obtained from a photo-enforcement system as defined in this chapter. A certificate, sworn to or affirmed by a technician employed or authorized by the HOT lanes operator, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-enforcement system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation under this subdivision 2. Any vehicle rental or vehicle leasing company, if named in a summons, shall be released as a party to the action if it provides to the HOT lanes operator a copy of the vehicle rental agreement or lease or an affidavit identifying the renter or lessee prior to the date of hearing set forth in the summons. Upon receipt of such rental agreement, lease, or affidavit, a summons shall be issued for the renter or lessee identified therein. Release of this information shall not be deemed a violation of any provision of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) or the Insurance Information and Privacy Protection Act (§ 38.2-600 et seq.).\n\t\t\tc. On a form prescribed by the Supreme Court, a summons issued under this subdivision 2 may be executed as provided in § 19.2-76.2. Such form shall contain the option for the owner or operator to prepay the unpaid toll and all penalties, administrative fees, and costs. A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner or, if the owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subdivision e, such named operator of the vehicle. Such summons shall be signed either originally or by electronic signature. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.\n\t\t\td. No summons may be issued by a HOT lanes operator for a violation of this section unless the HOT lanes operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection not less than 30 days prior to issuance of the summons and (ii) 120 days have elapsed since the unpaid toll or, in a summons for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons. For purposes of this subdivision, “debt collection” means the collection of unpaid tolls and applicable administrative fees by (a) retention of a third-party debt collector or (b) collection practices undertaken by employees of a HOT lanes operator that are materially similar to a third-party debt collector.\n\t\t\te. The owner of such vehicle shall be given reasonable notice by way of a summons as provided in this subdivision 2 that his vehicle had been used in violation of this section, and such owner shall be given notice of the time and place of the hearing and notice of the civil penalty and costs for such offense.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons issued pursuant to subdivision 2 was operated in violation of this section. Records obtained from the Department of Motor Vehicles pursuant to § 33.2-504 and certified in accordance with § 46.2-215 or from the equivalent agency in another state and certified as true and correct copies by the head of such agency or his designee identifying the owner of such vehicle shall give rise to a rebuttable presumption that the owner of the vehicle is the person named in the summons.\n\t\t\tUpon the filing of an affidavit with the court at least 14 days prior to the hearing date by the owner of the vehicle stating that he was not the operator of the vehicle on the date of the violation and providing the legal name and address of the operator of the vehicle at the time of the violation, a summons will also be issued to the alleged operator of the vehicle at the time of the offense. The affidavit shall constitute prima facie evidence that the person named in the affidavit was driving the vehicle at all the relevant times relating to the matter named in the affidavit.\n\t\t\tIf the owner of the vehicle produces a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the court shall dismiss the summons issued to the owner of the vehicle.3\n\na. The HOT lanes operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. The operator of the vehicle shall pay the unpaid tolls and any administrative fee detailed in a notice or invoice issued by a HOT lanes operator. If paid within 60 days of notification, the administrative fee shall not exceed $25. The HOT lanes operator shall notify the owner of the vehicle of any unpaid tolls and administrative fees by mailing an invoice pursuant to § 46.2-819.6.\n\t\t\tb. Upon a finding by a court of competent jurisdiction that the operator of the vehicle observed by a law-enforcement officer under subdivision 1 or the vehicle described in the summons for a violation issued pursuant to evidence obtained by a photo-enforcement system under subdivision 2 was in violation of this section, the court shall impose a civil penalty upon the operator of such vehicle issued a summons under subdivision 1, or upon the operator or owner of such vehicle issued a summons under subdivision 2, payable to the HOT lanes operator as follows: for a first offense, $50; for a second offense, $100; for a third offense within a period of two years of the second offense, $250; and for a fourth and subsequent offense within a period of three years of the second offense, $500, together with, in each case, the unpaid toll, all accrued administrative fees imposed by the HOT lanes operator as authorized by this section, and applicable court costs. The court shall remand penalties, the unpaid toll, and administrative fees assessed for violation of this section to the treasurer or director of finance of the county or city in which the violation occurred for payment to the HOT lanes operator for expenses associated with operation of the HOT lanes and payments against any bonds or other liens issued as a result of the construction of the HOT lanes. No person shall be subject to prosecution under both subdivisions 1 and 2 for actions arising out of the same transaction or occurrence.\n\t\t\tc. Notwithstanding subdivisions a and b, for a first conviction of an operator or owner of a vehicle under this section, the total amount for the first conviction shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses the operator or owner of a vehicle is convicted of on that date.\n\t\t\td. Upon a finding by a court that a resident of the Commonwealth has violated this section, in the event such person fails to pay the required penalties, fees, and costs, the court shall notify the Commissioner of the Department of Motor Vehicles, who shall suspend all of the registration certificates and license plates issued for any motor vehicles registered solely in the name of such person and shall not issue any registration certificate or license plate for any other vehicle that such person seeks to register solely in his name until the court has notified the Commissioner of the Department of Motor Vehicles that such penalties, fees, and costs have been paid. Upon a finding by a court that a nonresident of the Commonwealth has violated this section, in the event that such person fails to pay the required penalties, fees, and costs, the court shall notify the Commissioner of the Department of Motor Vehicles, who shall, when the vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9, provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court’s finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court has notified the Commissioner of the Department of Motor Vehicles that such penalties, fees, and costs have been paid. Upon receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall notify the state where the vehicle is registered of such payment. The HOT lanes operator and the Commissioner of the Department of Motor Vehicles may enter into an agreement whereby the HOT lanes operator may reimburse the Department of Motor Vehicles for its reasonable costs to develop, implement, and maintain this enforcement mechanism, and that specifies that the Commissioner of the Department of Motor Vehicles shall have an obligation to suspend such registration certificates or to provide notice to such entities in other states so long as the HOT lanes operator makes the required reimbursements in a timely manner in accordance with the agreement.\n\t\t\te. An action brought under subdivision 1 or 2 shall be commenced within two years of the commission of the offense and shall be considered a traffic infraction. Except as provided in subdivisions 4 and 5, imposition of a civil penalty pursuant to this section shall not be deemed a conviction as an operator of a motor vehicle under Title 46.2 and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.4\n\na. The HOT lanes operator may restrict the usage of the HOT lanes to designated vehicle classifications pursuant to an interim or final comprehensive agreement executed pursuant to § 33.2-1808 or 33.2-1809. Notice of any such vehicle classification restrictions shall be provided through the placement of signs or other markers prior to and at all HOT lanes entrances.\n\t\t\tb. Any person driving an unauthorized vehicle on the designated HOT lanes is guilty of a traffic infraction, which shall not be a moving violation, and shall be punishable as follows: for a first offense, by a fine of $125; for a second offense within a period of five years from a first offense, by a fine of $250; for a third offense within a period of five years from a first offense, by a fine of $500; and for a fourth and subsequent offense within a period of five years from a first offense, by a fine of $1,000. No person shall be subject to prosecution under both this subdivision and subdivision 1 or 2 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles, in accordance with § 46.2-383, an abstract of the record of such conviction, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492, no driver demerit points shall be assessed for any violation of this subdivision, except that persons convicted of a second, third, fourth, or subsequent violation within five years of a first offense shall be assessed three demerit points for each such violation.5\n\nThe operator of a vehicle who enters the HOT lanes by crossing through any barrier, buffer, or other area separating the HOT lanes from other lanes of travel is guilty of a violation of § 46.2-852, unless the vehicle is a state or local law-enforcement vehicle, firefighting truck, or emergency medical services vehicle used in the performance of its official duties. No person shall be subject to prosecution both under this subdivision and under subdivision 1, 2, or 4 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with § 46.2-383 an abstract of the record of such conviction, which shall become a part of the convicted person’s driving record.6\n\nNo person shall be subject to prosecution both under this section and under § 33.2-501, 46.2-819, or 46.2-819.1 for actions arising out of the same transaction or occurrence.7\n\nAny action under this section shall be brought in the general district court of the county or city in which the violation occurred.","order_by":null,"text":{"0":{"id":200982,"text":"Any person operating a motor vehicle on designated HOT lanes shall make arrangements with the HOT lanes operator for payment of the required toll prior to entering such HOT lanes. The operator of a vehicle who enters the HOT lanes in an unauthorized vehicle, in violation of the conditions for use of such HOT lanes established pursuant to \u00a7 33.2-502, without payment of the required toll or without having made arrangements with the HOT lanes operator for payment of the required toll shall have committed a violation of this section, which may be enforced in the following manner:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":200983,"text":"On a form prescribed by the Supreme Court, a summons for a violation of this section may be executed by a law-enforcement officer, when such violation is observed by such officer. The form shall contain the option for the operator of the vehicle to prepay the unpaid toll and all penalties, administrative fees, and costs.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":200984,"text":"a. A HOT lanes operator shall install and operate, or cause to be installed or operated, a photo-enforcement system at locations where tolls are collected for the use of such HOT lanes.\n\t\t\tb. A summons for a violation of this section may be executed when such violation is evidenced by information obtained from a photo-enforcement system as defined in this chapter. A certificate, sworn to or affirmed by a technician employed or authorized by the HOT lanes operator, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-enforcement system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation under this subdivision 2. Any vehicle rental or vehicle leasing company, if named in a summons, shall be released as a party to the action if it provides to the HOT lanes operator a copy of the vehicle rental agreement or lease or an affidavit identifying the renter or lessee prior to the date of hearing set forth in the summons. Upon receipt of such rental agreement, lease, or affidavit, a summons shall be issued for the renter or lessee identified therein. Release of this information shall not be deemed a violation of any provision of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) or the Insurance Information and Privacy Protection Act (§ 38.2-600 et seq.).\n\t\t\tc. On a form prescribed by the Supreme Court, a summons issued under this subdivision 2 may be executed as provided in § 19.2-76.2. Such form shall contain the option for the owner or operator to prepay the unpaid toll and all penalties, administrative fees, and costs. A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner or, if the owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subdivision e, such named operator of the vehicle. Such summons shall be signed either originally or by electronic signature. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.\n\t\t\td. No summons may be issued by a HOT lanes operator for a violation of this section unless the HOT lanes operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection not less than 30 days prior to issuance of the summons and (ii) 120 days have elapsed since the unpaid toll or, in a summons for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons. For purposes of this subdivision, “debt collection” means the collection of unpaid tolls and applicable administrative fees by (a) retention of a third-party debt collector or (b) collection practices undertaken by employees of a HOT lanes operator that are materially similar to a third-party debt collector.\n\t\t\te. The owner of such vehicle shall be given reasonable notice by way of a summons as provided in this subdivision 2 that his vehicle had been used in violation of this section, and such owner shall be given notice of the time and place of the hearing and notice of the civil penalty and costs for such offense.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons issued pursuant to subdivision 2 was operated in violation of this section. Records obtained from the Department of Motor Vehicles pursuant to § 33.2-504 and certified in accordance with § 46.2-215 or from the equivalent agency in another state and certified as true and correct copies by the head of such agency or his designee identifying the owner of such vehicle shall give rise to a rebuttable presumption that the owner of the vehicle is the person named in the summons.\n\t\t\tUpon the filing of an affidavit with the court at least 14 days prior to the hearing date by the owner of the vehicle stating that he was not the operator of the vehicle on the date of the violation and providing the legal name and address of the operator of the vehicle at the time of the violation, a summons will also be issued to the alleged operator of the vehicle at the time of the offense. The affidavit shall constitute prima facie evidence that the person named in the affidavit was driving the vehicle at all the relevant times relating to the matter named in the affidavit.\n\t\t\tIf the owner of the vehicle produces a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the court shall dismiss the summons issued to the owner of the vehicle.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":200985,"text":"a. The HOT lanes operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. The operator of the vehicle shall pay the unpaid tolls and any administrative fee detailed in a notice or invoice issued by a HOT lanes operator. If paid within 60 days of notification, the administrative fee shall not exceed $25. The HOT lanes operator shall notify the owner of the vehicle of any unpaid tolls and administrative fees by mailing an invoice pursuant to § 46.2-819.6.\n\t\t\tb. Upon a finding by a court of competent jurisdiction that the operator of the vehicle observed by a law-enforcement officer under subdivision 1 or the vehicle described in the summons for a violation issued pursuant to evidence obtained by a photo-enforcement system under subdivision 2 was in violation of this section, the court shall impose a civil penalty upon the operator of such vehicle issued a summons under subdivision 1, or upon the operator or owner of such vehicle issued a summons under subdivision 2, payable to the HOT lanes operator as follows: for a first offense, $50; for a second offense, $100; for a third offense within a period of two years of the second offense, $250; and for a fourth and subsequent offense within a period of three years of the second offense, $500, together with, in each case, the unpaid toll, all accrued administrative fees imposed by the HOT lanes operator as authorized by this section, and applicable court costs. The court shall remand penalties, the unpaid toll, and administrative fees assessed for violation of this section to the treasurer or director of finance of the county or city in which the violation occurred for payment to the HOT lanes operator for expenses associated with operation of the HOT lanes and payments against any bonds or other liens issued as a result of the construction of the HOT lanes. No person shall be subject to prosecution under both subdivisions 1 and 2 for actions arising out of the same transaction or occurrence.\n\t\t\tc. Notwithstanding subdivisions a and b, for a first conviction of an operator or owner of a vehicle under this section, the total amount for the first conviction shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses the operator or owner of a vehicle is convicted of on that date.\n\t\t\td. Upon a finding by a court that a resident of the Commonwealth has violated this section, in the event such person fails to pay the required penalties, fees, and costs, the court shall notify the Commissioner of the Department of Motor Vehicles, who shall suspend all of the registration certificates and license plates issued for any motor vehicles registered solely in the name of such person and shall not issue any registration certificate or license plate for any other vehicle that such person seeks to register solely in his name until the court has notified the Commissioner of the Department of Motor Vehicles that such penalties, fees, and costs have been paid. Upon a finding by a court that a nonresident of the Commonwealth has violated this section, in the event that such person fails to pay the required penalties, fees, and costs, the court shall notify the Commissioner of the Department of Motor Vehicles, who shall, when the vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9, provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court’s finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court has notified the Commissioner of the Department of Motor Vehicles that such penalties, fees, and costs have been paid. Upon receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall notify the state where the vehicle is registered of such payment. The HOT lanes operator and the Commissioner of the Department of Motor Vehicles may enter into an agreement whereby the HOT lanes operator may reimburse the Department of Motor Vehicles for its reasonable costs to develop, implement, and maintain this enforcement mechanism, and that specifies that the Commissioner of the Department of Motor Vehicles shall have an obligation to suspend such registration certificates or to provide notice to such entities in other states so long as the HOT lanes operator makes the required reimbursements in a timely manner in accordance with the agreement.\n\t\t\te. An action brought under subdivision 1 or 2 shall be commenced within two years of the commission of the offense and shall be considered a traffic infraction. Except as provided in subdivisions 4 and 5, imposition of a civil penalty pursuant to this section shall not be deemed a conviction as an operator of a motor vehicle under Title 46.2 and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":200986,"text":"a. The HOT lanes operator may restrict the usage of the HOT lanes to designated vehicle classifications pursuant to an interim or final comprehensive agreement executed pursuant to § 33.2-1808 or 33.2-1809. Notice of any such vehicle classification restrictions shall be provided through the placement of signs or other markers prior to and at all HOT lanes entrances.\n\t\t\tb. Any person driving an unauthorized vehicle on the designated HOT lanes is guilty of a traffic infraction, which shall not be a moving violation, and shall be punishable as follows: for a first offense, by a fine of $125; for a second offense within a period of five years from a first offense, by a fine of $250; for a third offense within a period of five years from a first offense, by a fine of $500; and for a fourth and subsequent offense within a period of five years from a first offense, by a fine of $1,000. No person shall be subject to prosecution under both this subdivision and subdivision 1 or 2 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles, in accordance with § 46.2-383, an abstract of the record of such conviction, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492, no driver demerit points shall be assessed for any violation of this subdivision, except that persons convicted of a second, third, fourth, or subsequent violation within five years of a first offense shall be assessed three demerit points for each such violation.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":200987,"text":"The operator of a vehicle who enters the HOT lanes by crossing through any barrier, buffer, or other area separating the HOT lanes from other lanes of travel is guilty of a violation of § 46.2-852, unless the vehicle is a state or local law-enforcement vehicle, firefighting truck, or emergency medical services vehicle used in the performance of its official duties. No person shall be subject to prosecution both under this subdivision and under subdivision 1, 2, or 4 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with § 46.2-383 an abstract of the record of such conviction, which shall become a part of the convicted person’s driving record.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":200988,"text":"No person shall be subject to prosecution both under this section and under § 33.2-501, 46.2-819, or 46.2-819.1 for actions arising out of the same transaction or occurrence.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":200989,"text":"Any action under this section shall be brought in the general district court of the county or city in which the violation occurred.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":13753,"edition_id":1,"name":"High-Occupancy Vehicle Lanes and High-Occupancy Toll Lanes","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:45:47","date_modified":"2026-06-26 03:45:47","permalink":{"id":206111,"object_type":"structure","relational_id":13753,"identifier":"5","token":"33.2\/II\/5","url":"\/33.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83043,"structure_id":13753,"section_number":"33.2-500","catch_line":"Definitions","url":"\/33.2-500\/","token":"33.2\/II\/5\/33.2-500","metadata":false},{"id":80087,"structure_id":13753,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","url":"\/33.2-501\/","token":"33.2\/II\/5\/33.2-501","metadata":false},{"id":73601,"structure_id":13753,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","url":"\/33.2-502\/","token":"33.2\/II\/5\/33.2-502","metadata":false},{"id":54759,"structure_id":13753,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","url":"\/33.2-503\/","token":"33.2\/II\/5\/33.2-503","metadata":false},{"id":64332,"structure_id":13753,"section_number":"33.2-504","catch_line":"Release of personal information to or by HOT lanes operators; penalty","url":"\/33.2-504\/","token":"33.2\/II\/5\/33.2-504","metadata":false},{"id":82578,"structure_id":13753,"section_number":"33.2-505","catch_line":"Exclusion of HOT lanes from certain other laws","url":"\/33.2-505\/","token":"33.2\/II\/5\/33.2-505","metadata":false}],"previous_section":{"id":73601,"structure_id":13753,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","url":"\/33.2-502\/","token":"33.2\/II\/5\/33.2-502","metadata":false},"next_section":{"id":64332,"structure_id":13753,"section_number":"33.2-504","catch_line":"Release of personal information to or by HOT lanes operators; penalty","url":"\/33.2-504\/","token":"33.2\/II\/5\/33.2-504","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-503\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 783<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 167<\/a> and 280<\/a>; in 2013, chapters 85<\/a> and 101<\/a>; in 2014, chapter 805<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2016, chapter 753<\/a>; in 2020, chapters 964<\/a> and 965<\/a>.<\/p>","references":[{"id":83043,"section_number":"33.2-500","catch_line":"Definitions","order_by":null,"url":"\/33.2-500\/"},{"id":64332,"section_number":"33.2-504","catch_line":"Release of personal information to or by HOT lanes operators; penalty","order_by":null,"url":"\/33.2-504\/"},{"id":82784,"section_number":"46.2-646.2","catch_line":"Registration extension for satisfaction of certain requirements","order_by":null,"url":"\/46.2-646.2\/"},{"id":55410,"section_number":"46.2-819.6","catch_line":"Invoice for unpaid toll","order_by":null,"url":"\/46.2-819.6\/"},{"id":67355,"section_number":"46.2-819.8","catch_line":"Toll grace period","order_by":null,"url":"\/46.2-819.8\/"}],"refers_to":[{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"},{"id":66460,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","order_by":null,"url":"\/19.2-76.2\/"},{"id":83631,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","order_by":null,"url":"\/19.2-76.3\/"},{"id":69409,"section_number":"2.2-3800","catch_line":"Short title; findings; principles of information practice","order_by":null,"url":"\/2.2-3800\/"},{"id":67786,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","order_by":null,"url":"\/33.2-1808\/"},{"id":84012,"section_number":"33.2-1809","catch_line":"Interim agreement","order_by":null,"url":"\/33.2-1809\/"},{"id":80087,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","order_by":null,"url":"\/33.2-501\/"},{"id":73601,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","order_by":null,"url":"\/33.2-502\/"},{"id":64332,"section_number":"33.2-504","catch_line":"Release of personal information to or by HOT lanes operators; penalty","order_by":null,"url":"\/33.2-504\/"},{"id":64742,"section_number":"38.2-600","catch_line":"Purposes","order_by":null,"url":"\/38.2-600\/"},{"id":63300,"section_number":"46.2-215","catch_line":"Certification of certain records and admissibility in evidence","order_by":null,"url":"\/46.2-215\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"},{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"},{"id":61262,"section_number":"46.2-819","catch_line":"Use of toll facility without payment of toll; circumstances to be considered in assessing penalty","order_by":null,"url":"\/46.2-819\/"},{"id":54310,"section_number":"46.2-819.1","catch_line":"Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty","order_by":null,"url":"\/46.2-819.1\/"},{"id":55410,"section_number":"46.2-819.6","catch_line":"Invoice for unpaid toll","order_by":null,"url":"\/46.2-819.6\/"},{"id":80400,"section_number":"46.2-819.9","catch_line":"Agreements for enforcement of tolling violations against nonresidents","order_by":null,"url":"\/46.2-819.9\/"},{"id":81167,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","order_by":null,"url":"\/46.2-852\/"}],"permalink":{"id":206125,"object_type":"law","relational_id":54759,"identifier":"33.2-503","token":"33.2\/II\/5\/33.2-503","url":"\/33.2-503\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-503\/","token":"33.2\/II\/5\/33.2-503","dublin_core":{"Title":"HOT lanes enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-503","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person operating a motor vehicle on designated HOT lanes shall make arrangements with the HOT lanes operator<\/span> for payment of the required toll prior to entering such HOT lanes. The operator of a vehicle who enters the HOT lanes in an unauthorized vehicle<\/span>, in violation of the conditions for use of such HOT lanes established pursuant to \u00a7 33.2-502<\/a>, without payment of the required toll or without having made arrangements with the HOT lanes operator<\/span> for payment of the required toll shall have committed a violation of this section, which may be enforced in the following manner:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On a form prescribed by the Supreme Court<\/span>, a summons<\/span> for a violation of this section may be executed by a law<\/span>-enforcement officer, when such violation is observed by such officer. The form shall contain the option for the operator of the vehicle to prepay the unpaid toll and all penalties, administrative fees, and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a. A HOT lanes operator<\/span> shall install and operate, or cause to be installed or operated, a photo-enforcement system<\/span> at locations where tolls are collected for the use of such HOT lanes.\n\t\t\tb. A summons<\/span> for a violation of this section may be executed when such violation is evidenced by information obtained from a photo-enforcement system<\/span> as defined in this chapter. A certificate, sworn to or affirmed<\/span> by a technician employed or authorized by the HOT lanes operator<\/span>, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-enforcement system<\/span>, shall be prima facie evidence<\/span> of the facts<\/span> contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate<\/span> the liability for such violation under this subdivision 2. Any vehicle rental or vehicle leasing company, if named in a summons<\/span>, shall be released as a party<\/span> to the action if it provides to the HOT lanes operator<\/span> a copy of the vehicle rental agreement or lease or an affidavit<\/span> identifying the renter or lessee prior to the date of hearing<\/span> set forth in the summons<\/span>. Upon receipt of such rental agreement, lease, or affidavit<\/span>, a summons<\/span> shall be issued for the renter or lessee identified therein. Release of this information shall not be deemed a violation of any provision of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800<\/a> et seq.) or the Insurance Information and Privacy Protection Act (§ 38.2-600<\/a> et seq.).\n\t\t\tc. On a form prescribed by the Supreme Court<\/span>, a summons<\/span> issued under this subdivision 2 may be executed as provided in § 19.2-76.2<\/a>. Such form shall contain the option for the owner<\/span> or operator to prepay the unpaid toll and all penalties, administrative fees, and costs. A summons<\/span> for a violation of this section may set forth multiple violations occurring within one jurisdiction<\/span>. Notwithstanding the provisions of § 19.2-76<\/a>, a summons<\/span> for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner<\/span> or, if the owner<\/span> has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit<\/span> executed pursuant to subdivision e, such named operator of the vehicle. Such summons<\/span> shall be signed either originally or by electronic signature. If the summoned person fails to appear on the date of return set out in the summons<\/span> mailed pursuant to this section, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>.\n\t\t\td. No summons<\/span> may be issued by a HOT lanes operator<\/span> for a violation of this section unless the HOT lanes operator<\/span> can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection<\/span> not less than 30 days prior to issuance of the summons<\/span> and (ii) 120 days have elapsed since the unpaid toll or, in a summons<\/span> for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons<\/span>. For purposes of this subdivision, “debt collection<\/span>” means the collection of unpaid tolls and applicable administrative fees by (a) retention of a third-party<\/span> debt collector or (b) collection practices undertaken by employees of a HOT lanes operator<\/span> that are materially similar to a third-party<\/span> debt collector.\n\t\t\te. The owner<\/span> of such vehicle shall be given reasonable notice by way of a summons<\/span> as provided in this subdivision 2 that his vehicle had been used in violation of this section, and such owner<\/span> shall be given notice of the time and place of the hearing<\/span> and notice of the civil penalty<\/span> and costs for such offense<\/span>.\n\t\t\tIt shall be prima facie evidence<\/span> that the vehicle described in the summons<\/span> issued pursuant to subdivision 2 was operated in violation of this section. Records obtained from the Department<\/span> of Motor Vehicles pursuant to § 33.2-504<\/a> and certified in accordance with § 46.2-215<\/a> or from the equivalent agency in another state and certified as true and correct copies by the head of such agency or his designee identifying the owner<\/span> of such vehicle shall give rise to a rebuttable presumption<\/span> that the owner<\/span> of the vehicle is the person named in the summons<\/span>.\n\t\t\tUpon the filing of an affidavit<\/span> with the court<\/span> at least 14 days prior to the hearing<\/span> date by the owner<\/span> of the vehicle stating that he was not the operator of the vehicle on the date of the violation and providing the legal name and address of the operator of the vehicle at the time of the violation, a summons<\/span> will also be issued to the alleged operator of the vehicle at the time of the offense<\/span>. The affidavit<\/span> shall constitute prima facie evidence<\/span> that the person named in the affidavit<\/span> was driving the vehicle at all the relevant times relating to the matter named in the affidavit<\/span>.\n\t\t\tIf the owner<\/span> of the vehicle produces a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense<\/span> and remained stolen at the time of the alleged offense<\/span>, then the court<\/span> shall dismiss the summons<\/span> issued to the owner<\/span> of the vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a. The HOT lanes operator<\/span> may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. The operator of the vehicle shall pay the unpaid tolls and any administrative fee detailed in a notice or invoice issued by a HOT lanes operator<\/span>. If paid within 60 days of notification, the administrative fee shall not exceed $25. The HOT lanes operator<\/span> shall notify the owner<\/span> of the vehicle of any unpaid tolls and administrative fees by mailing an invoice pursuant to § 46.2-819.6<\/a>.\n\t\t\tb. Upon a finding<\/span> by a court<\/span> of competent jurisdiction<\/span> that the operator of the vehicle observed by a law<\/span>-enforcement officer under subdivision 1 or the vehicle described in the summons<\/span> for a violation issued pursuant to evidence<\/span> obtained by a photo-enforcement system<\/span> under subdivision 2 was in violation of this section, the court<\/span> shall impose a civil penalty<\/span> upon the operator of such vehicle issued a summons<\/span> under subdivision 1, or upon the operator or owner<\/span> of such vehicle issued a summons<\/span> under subdivision 2, payable to the HOT lanes operator<\/span> as follows: for a first offense<\/span>, $50; for a second offense<\/span>, $100; for a third offense<\/span> within a period of two years of the second offense<\/span>, $250; and for a fourth and subsequent offense<\/span> within a period of three years of the second offense<\/span>, $500, together with, in each case, the unpaid toll, all accrued administrative fees imposed by the HOT lanes operator<\/span> as authorized by this section, and applicable court<\/span> costs. The court<\/span> shall remand<\/span> penalties, the unpaid toll, and administrative fees assessed for violation of this section to the treasurer or director of finance of the county or city in which the violation occurred for payment to the HOT lanes operator<\/span> for expenses associated with operation of the HOT lanes and payments against any bonds<\/span> or other liens<\/span> issued as a result of the construction of the HOT lanes. No person shall be subject to prosecution<\/span> under both subdivisions 1 and 2 for actions arising out of the same transaction or occurrence.\n\t\t\tc. Notwithstanding subdivisions a and b, for a first conviction<\/span> of an operator or owner<\/span> of a vehicle under this section, the total amount for the first conviction<\/span> shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses<\/span> the operator or owner<\/span> of a vehicle is convicted of on that date.\n\t\t\td. Upon a finding<\/span> by a court<\/span> that a resident of the Commonwealth has violated this section, in the event such person fails to pay the required penalties, fees, and costs, the court<\/span> shall notify the Commissioner<\/span> of the Department<\/span> of Motor Vehicles, who shall suspend all of the registration certificates and license plates issued for any motor vehicles registered solely in the name of such person and shall not issue<\/span> any registration certificate or license plate for any other vehicle that such person seeks to register solely in his name until the court<\/span> has notified the Commissioner<\/span> of the Department<\/span> of Motor Vehicles that such penalties, fees, and costs have been paid. Upon a finding<\/span> by a court<\/span> that a nonresident of the Commonwealth has violated this section, in the event that such person fails to pay the required penalties, fees, and costs, the court<\/span> shall notify the Commissioner<\/span> of the Department<\/span> of Motor Vehicles, who shall, when the vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9<\/a>, provide to the entity authorized to issue<\/span> vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence<\/span> of the court<\/span>’s finding<\/span> to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court<\/span> has notified the Commissioner<\/span> of the Department<\/span> of Motor Vehicles that such penalties, fees, and costs have been paid. Upon receipt of such notification from the court<\/span>, the Commissioner<\/span> of the Department<\/span> of Motor Vehicles shall notify the state where the vehicle is registered of such payment. The HOT lanes operator<\/span> and the Commissioner<\/span> of the Department<\/span> of Motor Vehicles may enter into an agreement whereby the HOT lanes operator<\/span> may reimburse the Department<\/span> of Motor Vehicles for its reasonable costs to develop, implement, and maintain this enforcement mechanism, and that specifies that the Commissioner<\/span> of the Department<\/span> of Motor Vehicles shall have an obligation to suspend such registration certificates or to provide notice to such entities in other states so long as the HOT lanes operator<\/span> makes the required reimbursements in a timely manner in accordance with the agreement.\n\t\t\te. An action brought under subdivision 1 or 2 shall be commenced within two years of the commission of the offense<\/span> and shall be considered a traffic infraction. Except as provided in subdivisions 4 and 5, imposition of a civil penalty<\/span> pursuant to this section shall not be deemed a conviction<\/span> as an operator of a motor vehicle under Title 46.2 and shall not be made part of the driving record of the person upon whom such civil penalty<\/span> is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> a. The HOT lanes operator<\/span> may restrict the usage of the HOT lanes to designated vehicle classifications pursuant to an interim or final comprehensive agreement executed pursuant to § 33.2-1808<\/a> or 33.2-1809<\/a>. Notice of any such vehicle classification restrictions shall be provided through the placement of signs or other markers prior to and at all HOT lanes entrances.\n\t\t\tb. Any person driving an unauthorized vehicle<\/span> on the designated HOT lanes is guilty of a traffic infraction, which shall not be a moving violation, and shall be punishable as follows: for a first offense<\/span>, by a fine of $125; for a second offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $250; for a third offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $500; and for a fourth and subsequent offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $1,000. No person shall be subject to prosecution<\/span> under both this subdivision and subdivision 1 or 2 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction<\/span> under this subdivision, the court<\/span> shall furnish to the Commissioner<\/span> of the Department<\/span> of Motor Vehicles, in accordance with § 46.2-383<\/a>, an abstract of the record of such conviction<\/span>, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492<\/a>, no driver demerit points shall be assessed for any violation of this subdivision, except that persons convicted of a second, third, fourth, or subsequent violation within five years of a first offense<\/span> shall be assessed three demerit points for each such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The operator of a vehicle who enters the HOT lanes by crossing through any barrier, buffer, or other area separating the HOT lanes from other lanes of travel is guilty of a violation of § 46.2-852<\/a>, unless the vehicle is a state or local law<\/span>-enforcement vehicle, firefighting truck, or emergency medical services vehicle used in the performance of its official duties. No person shall be subject to prosecution<\/span> both under this subdivision and under subdivision 1, 2, or 4 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction<\/span> under this subdivision, the court<\/span> shall furnish to the Commissioner<\/span> of the Department<\/span> of Motor Vehicles in accordance with § 46.2-383<\/a> an abstract of the record of such conviction<\/span>, which shall become a part of the convicted person’s driving record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> No person shall be subject to prosecution<\/span> both under this section and under § 33.2-501<\/a>, 46.2-819<\/a>, or 46.2-819.1<\/a> for actions arising out of the same transaction or occurrence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any action under this section shall be brought in the general district court<\/span> of the county or city in which the violation occurred. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOT LANES ENFORCEMENT (\u00a7 33.2-503)\n\nAny person operating a motor vehicle on designated HOT lanes shall make\narrangements with the HOT lanes operator for payment of the required toll prior\nto entering such HOT lanes. The operator of a vehicle who enters the HOT lanes\nin an unauthorized vehicle, in violation of the conditions for use of such HOT\nlanes established pursuant to \u00a7 33.2-502, without payment of the required toll\nor without having made arrangements with the HOT lanes operator for payment of\nthe required toll shall have committed a violation of this section, which may be\nenforced in the following manner:\n\n1. On a form prescribed by the Supreme Court, a summons for a violation of this\nsection may be executed by a law-enforcement officer, when such violation is\nobserved by such officer. The form shall contain the option for the operator of\nthe vehicle to prepay the unpaid toll and all penalties, administrative fees,\nand costs.\n\n2. a. A HOT lanes operator shall install and operate, or cause to be installed\nor operated, a photo-enforcement system at locations where tolls are collected\nfor the use of such HOT lanes.\n\t\t\tb. A summons for a violation of this section may be executed when such\nviolation is evidenced by information obtained from a photo-enforcement system\nas defined in this chapter. A certificate, sworn to or affirmed by a technician\nemployed or authorized by the HOT lanes operator, or a facsimile of such a\ncertificate, based on inspection of photographs, microphotographs, videotapes,\nor other recorded images produced by a photo-enforcement system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape, or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to adjudicate the\nliability for such violation under this subdivision 2. Any vehicle rental or\nvehicle leasing company, if named in a summons, shall be released as a party to\nthe action if it provides to the HOT lanes operator a copy of the vehicle rental\nagreement or lease or an affidavit identifying the renter or lessee prior to the\ndate of hearing set forth in the summons. Upon receipt of such rental agreement,\nlease, or affidavit, a summons shall be issued for the renter or lessee\nidentified therein. Release of this information shall not be deemed a violation\nof any provision of the Government Data Collection and Dissemination Practices\nAct (§ 2.2-3800 et seq.) or the Insurance Information and Privacy\nProtection Act (§ 38.2-600 et seq.).\n\t\t\tc. On a form prescribed by the Supreme Court, a summons issued under this\nsubdivision 2 may be executed as provided in § 19.2-76.2. Such form shall\ncontain the option for the owner or operator to prepay the unpaid toll and all\npenalties, administrative fees, and costs. A summons for a violation of this\nsection may set forth multiple violations occurring within one jurisdiction.\nNotwithstanding the provisions of § 19.2-76, a summons for a violation of\nthis section may be executed by mailing by first-class mail a copy thereof to\nthe address of the owner or, if the owner has named and provided a valid address\nfor the operator of the vehicle at the time of the violation in an affidavit\nexecuted pursuant to subdivision e, such named operator of the vehicle. Such\nsummons shall be signed either originally or by electronic signature. If the\nsummoned person fails to appear on the date of return set out in the summons\nmailed pursuant to this section, the summons shall be executed in the manner set\nout in § 19.2-76.3.\n\t\t\td. No summons may be issued by a HOT lanes operator for a violation of this\nsection unless the HOT lanes operator can demonstrate that (i) there was an\nattempt to collect the unpaid tolls and applicable administrative fees through\ndebt collection not less than 30 days prior to issuance of the summons and (ii)\n120 days have elapsed since the unpaid toll or, in a summons for multiple\nviolations, 120 days have elapsed since the most recent unpaid toll noticed on\nthe summons. For purposes of this subdivision, “debt collection”\nmeans the collection of unpaid tolls and applicable administrative fees by (a)\nretention of a third-party debt collector or (b) collection practices undertaken\nby employees of a HOT lanes operator that are materially similar to a\nthird-party debt collector.\n\t\t\te. The owner of such vehicle shall be given reasonable notice by way of a\nsummons as provided in this subdivision 2 that his vehicle had been used in\nviolation of this section, and such owner shall be given notice of the time and\nplace of the hearing and notice of the civil penalty and costs for such offense.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons\nissued pursuant to subdivision 2 was operated in violation of this section.\nRecords obtained from the Department of Motor Vehicles pursuant to §\n33.2-504 and certified in accordance with § 46.2-215 or from the equivalent\nagency in another state and certified as true and correct copies by the head of\nsuch agency or his designee identifying the owner of such vehicle shall give\nrise to a rebuttable presumption that the owner of the vehicle is the person\nnamed in the summons.\n\t\t\tUpon the filing of an affidavit with the court at least 14 days prior to the\nhearing date by the owner of the vehicle stating that he was not the operator of\nthe vehicle on the date of the violation and providing the legal name and\naddress of the operator of the vehicle at the time of the violation, a summons\nwill also be issued to the alleged operator of the vehicle at the time of the\noffense. The affidavit shall constitute prima facie evidence that the person\nnamed in the affidavit was driving the vehicle at all the relevant times\nrelating to the matter named in the affidavit.\n\t\t\tIf the owner of the vehicle produces a certified copy of a police report\nshowing that the vehicle had been reported to the police as stolen prior to the\ntime of the alleged offense and remained stolen at the time of the alleged\noffense, then the court shall dismiss the summons issued to the owner of the\nvehicle.\n\n3. a. The HOT lanes operator may impose and collect an administrative fee in\naddition to the unpaid toll so as to recover the expenses of collecting the\nunpaid toll, which administrative fee shall be reasonably related to the actual\ncost of collecting the unpaid toll and not exceed $100 per violation. The\noperator of the vehicle shall pay the unpaid tolls and any administrative fee\ndetailed in a notice or invoice issued by a HOT lanes operator. If paid within\n60 days of notification, the administrative fee shall not exceed $25. The HOT\nlanes operator shall notify the owner of the vehicle of any unpaid tolls and\nadministrative fees by mailing an invoice pursuant to § 46.2-819.6.\n\t\t\tb. Upon a finding by a court of competent jurisdiction that the operator of\nthe vehicle observed by a law-enforcement officer under subdivision 1 or the\nvehicle described in the summons for a violation issued pursuant to evidence\nobtained by a photo-enforcement system under subdivision 2 was in violation of\nthis section, the court shall impose a civil penalty upon the operator of such\nvehicle issued a summons under subdivision 1, or upon the operator or owner of\nsuch vehicle issued a summons under subdivision 2, payable to the HOT lanes\noperator as follows: for a first offense, $50; for a second offense, $100; for a\nthird offense within a period of two years of the second offense, $250; and for\na fourth and subsequent offense within a period of three years of the second\noffense, $500, together with, in each case, the unpaid toll, all accrued\nadministrative fees imposed by the HOT lanes operator as authorized by this\nsection, and applicable court costs. The court shall remand penalties, the\nunpaid toll, and administrative fees assessed for violation of this section to\nthe treasurer or director of finance of the county or city in which the\nviolation occurred for payment to the HOT lanes operator for expenses associated\nwith operation of the HOT lanes and payments against any bonds or other liens\nissued as a result of the construction of the HOT lanes. No person shall be\nsubject to prosecution under both subdivisions 1 and 2 for actions arising out\nof the same transaction or occurrence.\n\t\t\tc. Notwithstanding subdivisions a and b, for a first conviction of an\noperator or owner of a vehicle under this section, the total amount for the\nfirst conviction shall not exceed $2,200, including civil penalties and\nadministrative fees regardless of the total number of offenses the operator or\nowner of a vehicle is convicted of on that date.\n\t\t\td. Upon a finding by a court that a resident of the Commonwealth has violated\nthis section, in the event such person fails to pay the required penalties,\nfees, and costs, the court shall notify the Commissioner of the Department of\nMotor Vehicles, who shall suspend all of the registration certificates and\nlicense plates issued for any motor vehicles registered solely in the name of\nsuch person and shall not issue any registration certificate or license plate\nfor any other vehicle that such person seeks to register solely in his name\nuntil the court has notified the Commissioner of the Department of Motor\nVehicles that such penalties, fees, and costs have been paid. Upon a finding by\na court that a nonresident of the Commonwealth has violated this section, in the\nevent that such person fails to pay the required penalties, fees, and costs, the\ncourt shall notify the Commissioner of the Department of Motor Vehicles, who\nshall, when the vehicle is registered in a state with which the Commonwealth has\nentered into an agreement to enforce tolling violations pursuant to §\n46.2-819.9, provide to the entity authorized to issue vehicle registration\ncertificates or license plates in the state in which the vehicle is registered\nsufficient evidence of the court’s finding to take action against the\nvehicle registration certificate or license plates in accordance with the terms\nof the agreement, until the court has notified the Commissioner of the\nDepartment of Motor Vehicles that such penalties, fees, and costs have been\npaid. Upon receipt of such notification from the court, the Commissioner of the\nDepartment of Motor Vehicles shall notify the state where the vehicle is\nregistered of such payment. The HOT lanes operator and the Commissioner of the\nDepartment of Motor Vehicles may enter into an agreement whereby the HOT lanes\noperator may reimburse the Department of Motor Vehicles for its reasonable costs\nto develop, implement, and maintain this enforcement mechanism, and that\nspecifies that the Commissioner of the Department of Motor Vehicles shall have\nan obligation to suspend such registration certificates or to provide notice to\nsuch entities in other states so long as the HOT lanes operator makes the\nrequired reimbursements in a timely manner in accordance with the agreement.\n\t\t\te. An action brought under subdivision 1 or 2 shall be commenced within two\nyears of the commission of the offense and shall be considered a traffic\ninfraction. Except as provided in subdivisions 4 and 5, imposition of a civil\npenalty pursuant to this section shall not be deemed a conviction as an operator\nof a motor vehicle under Title 46.2 and shall not be made part of the driving\nrecord of the person upon whom such civil penalty is imposed, nor shall it be\nused for insurance purposes in the provision of motor vehicle insurance\ncoverage.\n\n4. a. The HOT lanes operator may restrict the usage of the HOT lanes to\ndesignated vehicle classifications pursuant to an interim or final comprehensive\nagreement executed pursuant to § 33.2-1808 or 33.2-1809. Notice of any such\nvehicle classification restrictions shall be provided through the placement of\nsigns or other markers prior to and at all HOT lanes entrances.\n\t\t\tb. Any person driving an unauthorized vehicle on the designated HOT lanes is\nguilty of a traffic infraction, which shall not be a moving violation, and shall\nbe punishable as follows: for a first offense, by a fine of $125; for a second\noffense within a period of five years from a first offense, by a fine of $250;\nfor a third offense within a period of five years from a first offense, by a\nfine of $500; and for a fourth and subsequent offense within a period of five\nyears from a first offense, by a fine of $1,000. No person shall be subject to\nprosecution under both this subdivision and subdivision 1 or 2 for actions\narising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the\nCommissioner of the Department of Motor Vehicles, in accordance with §\n46.2-383, an abstract of the record of such conviction, which shall become a\npart of the person’s driving record. Notwithstanding the provisions of\n§ 46.2-492, no driver demerit points shall be assessed for any violation of\nthis subdivision, except that persons convicted of a second, third, fourth, or\nsubsequent violation within five years of a first offense shall be assessed\nthree demerit points for each such violation.\n\n5. The operator of a vehicle who enters the HOT lanes by crossing through any\nbarrier, buffer, or other area separating the HOT lanes from other lanes of\ntravel is guilty of a violation of § 46.2-852, unless the vehicle is a\nstate or local law-enforcement vehicle, firefighting truck, or emergency medical\nservices vehicle used in the performance of its official duties. No person shall\nbe subject to prosecution both under this subdivision and under subdivision 1,\n2, or 4 for actions arising out of the same transaction or occurrence.\n\t\t\tUpon a conviction under this subdivision, the court shall furnish to the\nCommissioner of the Department of Motor Vehicles in accordance with §\n46.2-383 an abstract of the record of such conviction, which shall become a part\nof the convicted person’s driving record.\n\n6. No person shall be subject to prosecution both under this section and under\n§ 33.2-501, 46.2-819, or 46.2-819.1 for actions arising out of the same\ntransaction or occurrence.\n\n7. Any action under this section shall be brought in the general district court\nof the county or city in which the violation occurred.\n\nHISTORY: 2004, c. 783, \u00a7 33.1-56.3; 2008, cc. 167, 280; 2013, cc. 85, 101;\n2014, c. 805; 2015, cc. 502, 503; 2016, c. 753; 2020, cc. 964, 965.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}