{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-116.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-116.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-116.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-116.html"}],"law_id":55270,"edition_id":1,"section_id":55270,"structure_id":14128,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","history":"2012, cc. 803, 835; 2014, cc. 59, 441; 2017, c. 503; 2020, cc. 829, 1237.","full_text":"A\n\nAs used in this section and §§ 46.2-117, 46.2-118, and 46.2-119:\n\t\t\t“Consumer” means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle.\n\t\t\t“Department” means the Department of Criminal Justice Services.\n\t\t\t“Tow truck driver” means an individual who drives a tow truck as defined in § 46.2-100.\n\t\t\t“Towing and recovery operator” means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. “Towing and recovery operator” shall not include a franchised motor vehicle dealer as defined in § 46.2-1500 using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest.B\n\nOn and after January 1, 2013, no tow truck driver shall drive any tow truck without being registered with the Department, except that this requirement shall not apply to any holder of a tow truck driver authorization document issued pursuant to former § 46.2-2814 until the expiration date of such document. The Department may offer a temporary registration or driver authorization document that is effective upon the submission of an application and that expires upon the issuance or denial of a permanent registration. Every applicant for an initial registration or renewal of registration pursuant to this section shall submit his registration application, fingerprints, and personal descriptive information to the Department and a nonrefundable application fee of $100. The Department shall forward the personal descriptive information along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. The cost of the fingerprinting and criminal history record check shall be paid by the applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the Department. If an applicant is denied registration as a tow truck driver because of the information appearing in his criminal history record, the Department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section.C\n\n1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (\u00a7 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime as defined in subsection C of \u00a7 17.1-805 unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (\u00a7 46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of \u00a7 17.1-805 subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.2\n\nThe Department may deny a registration to any person who (i) has been convicted more than 15 years prior to the date of the application of a violent crime as defined in subsection C of § 17.1-805 or (ii) has been convicted more than 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses. The Department shall deny a registration to a person described in clause (i) or (ii) if the person has not completed all terms of probation or parole related to such conviction.3\n\nAny person registered pursuant to this section shall report to the Department within 10 days of conviction any convictions for felonies or misdemeanors that occur while he is registered with the Department.D\n\nAny tow truck driver failing to register with the Department as required by this section is guilty of a Class 3 misdemeanor. A tow truck driver registered with the Department shall have such registration in his possession whenever driving a tow truck on the highways.E\n\nRegistrations issued by the Department pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department in accordance with § 46.2-117.","order_by":null,"text":{"0":{"id":202716,"text":"As used in this section and §§ 46.2-117, 46.2-118, and 46.2-119:\n\t\t\t“Consumer” means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle.\n\t\t\t“Department” means the Department of Criminal Justice Services.\n\t\t\t“Tow truck driver” means an individual who drives a tow truck as defined in § 46.2-100.\n\t\t\t“Towing and recovery operator” means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. “Towing and recovery operator” shall not include a franchised motor vehicle dealer as defined in § 46.2-1500 using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202717,"text":"On and after January 1, 2013, no tow truck driver shall drive any tow truck without being registered with the Department, except that this requirement shall not apply to any holder of a tow truck driver authorization document issued pursuant to former § 46.2-2814 until the expiration date of such document. The Department may offer a temporary registration or driver authorization document that is effective upon the submission of an application and that expires upon the issuance or denial of a permanent registration. Every applicant for an initial registration or renewal of registration pursuant to this section shall submit his registration application, fingerprints, and personal descriptive information to the Department and a nonrefundable application fee of $100. The Department shall forward the personal descriptive information along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. The cost of the fingerprinting and criminal history record check shall be paid by the applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the Department. If an applicant is denied registration as a tow truck driver because of the information appearing in his criminal history record, the Department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":202718,"text":"1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (\u00a7 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime as defined in subsection C of \u00a7 17.1-805 unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (\u00a7 46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of \u00a7 17.1-805 subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":202719,"text":"The Department may deny a registration to any person who (i) has been convicted more than 15 years prior to the date of the application of a violent crime as defined in subsection C of § 17.1-805 or (ii) has been convicted more than 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses. The Department shall deny a registration to a person described in clause (i) or (ii) if the person has not completed all terms of probation or parole related to such conviction.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":202720,"text":"Any person registered pursuant to this section shall report to the Department within 10 days of conviction any convictions for felonies or misdemeanors that occur while he is registered with the Department.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"5":{"id":202721,"text":"Any tow truck driver failing to register with the Department as required by this section is guilty of a Class 3 misdemeanor. A tow truck driver registered with the Department shall have such registration in his possession whenever driving a tow truck on the highways.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"6":{"id":202722,"text":"Registrations issued by the Department pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department in accordance with § 46.2-117.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14128,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13270,"metadata":{},"date_created":"2026-06-26 03:46:57","date_modified":"2026-06-26 03:46:57","permalink":{"id":225293,"object_type":"structure","relational_id":14128,"identifier":"1","token":"46.2\/I\/1","url":"\/46.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13270,"edition_id":1,"name":"General Provisions; Department of Motor Vehicles","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":225291,"object_type":"structure","relational_id":13270,"identifier":"I","token":"46.2\/I","url":"\/46.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82691,"structure_id":14128,"section_number":"46.2-100","catch_line":"Definitions","url":"\/46.2-100\/","token":"46.2\/I\/1\/46.2-100","metadata":false},{"id":79952,"structure_id":14128,"section_number":"46.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/46.2-100.1\/","token":"46.2\/I\/1\/46.2-100.1","metadata":false},{"id":66965,"structure_id":14128,"section_number":"46.2-101","catch_line":"Applicability of title to vehicles on certain toll roads and parking facilities","url":"\/46.2-101\/","token":"46.2\/I\/1\/46.2-101","metadata":false},{"id":73192,"structure_id":14128,"section_number":"46.2-102","catch_line":"Enforcement by law-enforcement officers; officers to be uniformed; officers to be paid fixed salaries","url":"\/46.2-102\/","token":"46.2\/I\/1\/46.2-102","metadata":false},{"id":58256,"structure_id":14128,"section_number":"46.2-103","catch_line":"Stopping vehicles for inspection or to secure information","url":"\/46.2-103\/","token":"46.2\/I\/1\/46.2-103","metadata":false},{"id":59128,"structure_id":14128,"section_number":"46.2-104","catch_line":"Possession of registration cards; exhibiting registration card and licenses; failure to carry license or registration card","url":"\/46.2-104\/","token":"46.2\/I\/1\/46.2-104","metadata":false},{"id":66134,"structure_id":14128,"section_number":"46.2-105","catch_line":"Making false affidavit or swearing falsely, perjury","url":"\/46.2-105\/","token":"46.2\/I\/1\/46.2-105","metadata":false},{"id":56208,"structure_id":14128,"section_number":"46.2-105.1","catch_line":"Unlawful procurement of certificate, license, or permit; unauthorized possession of examination or answers; unlawful distribution of false operator's license; penalty","url":"\/46.2-105.1\/","token":"46.2\/I\/1\/46.2-105.1","metadata":false},{"id":68909,"structure_id":14128,"section_number":"46.2-105.2","catch_line":"Obtaining documents from the Department when not entitled thereto; penalty","url":"\/46.2-105.2\/","token":"46.2\/I\/1\/46.2-105.2","metadata":false},{"id":57524,"structure_id":14128,"section_number":"46.2-106","catch_line":"Reciprocal agreements entered into by Governor","url":"\/46.2-106\/","token":"46.2\/I\/1\/46.2-106","metadata":false},{"id":82668,"structure_id":14128,"section_number":"46.2-107","catch_line":"Lists of vehicles used for rent or hire, or by contract carriers","url":"\/46.2-107\/","token":"46.2\/I\/1\/46.2-107","metadata":false},{"id":87378,"structure_id":14128,"section_number":"46.2-108","catch_line":"Records required of persons renting motor vehicles without drivers; inspections; insurance","url":"\/46.2-108\/","token":"46.2\/I\/1\/46.2-108","metadata":false},{"id":78969,"structure_id":14128,"section_number":"46.2-109","catch_line":"Reports by persons in charge of garages and repair shops; vehicles equipped with bullet-proof glass or smoke projectors or struck by bullets","url":"\/46.2-109\/","token":"46.2\/I\/1\/46.2-109","metadata":false},{"id":74372,"structure_id":14128,"section_number":"46.2-110","catch_line":"Right to inspect vehicles in garages","url":"\/46.2-110\/","token":"46.2\/I\/1\/46.2-110","metadata":false},{"id":78142,"structure_id":14128,"section_number":"46.2-111","catch_line":"Flares and other signals relating to stopped commercial motor vehicles","url":"\/46.2-111\/","token":"46.2\/I\/1\/46.2-111","metadata":false},{"id":86621,"structure_id":14128,"section_number":"46.2-112","catch_line":"Tampering with odometer; penalty; civil liability","url":"\/46.2-112\/","token":"46.2\/I\/1\/46.2-112","metadata":false},{"id":56620,"structure_id":14128,"section_number":"46.2-113","catch_line":"Violations of this title; penalties","url":"\/46.2-113\/","token":"46.2\/I\/1\/46.2-113","metadata":false},{"id":63404,"structure_id":14128,"section_number":"46.2-114","catch_line":"Disposition of fines and forfeitures","url":"\/46.2-114\/","token":"46.2\/I\/1\/46.2-114","metadata":false},{"id":83135,"structure_id":14128,"section_number":"46.2-115","catch_line":"Inapplicability of title on Tangier Island; adoption of local ordinances; penalties","url":"\/46.2-115\/","token":"46.2\/I\/1\/46.2-115","metadata":false},{"id":55270,"structure_id":14128,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","url":"\/46.2-116\/","token":"46.2\/I\/1\/46.2-116","metadata":false},{"id":84528,"structure_id":14128,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","url":"\/46.2-117\/","token":"46.2\/I\/1\/46.2-117","metadata":false},{"id":82474,"structure_id":14128,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","url":"\/46.2-118\/","token":"46.2\/I\/1\/46.2-118","metadata":false},{"id":84696,"structure_id":14128,"section_number":"46.2-119","catch_line":"Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General","url":"\/46.2-119\/","token":"46.2\/I\/1\/46.2-119","metadata":false}],"previous_section":{"id":83135,"structure_id":14128,"section_number":"46.2-115","catch_line":"Inapplicability of title on Tangier Island; adoption of local ordinances; penalties","url":"\/46.2-115\/","token":"46.2\/I\/1\/46.2-115","metadata":false},"next_section":{"id":84528,"structure_id":14128,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","url":"\/46.2-117\/","token":"46.2\/I\/1\/46.2-117","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-116\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 803<\/a> and 835<\/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 3 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 2014, chapters 59<\/a> and 441<\/a>; in 2017, chapter 503<\/a>; in 2020, chapters 829<\/a> and 1237<\/a>.<\/p>","references":[{"id":84528,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","order_by":null,"url":"\/46.2-117\/"},{"id":82474,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","order_by":null,"url":"\/46.2-118\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"refers_to":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":84528,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","order_by":null,"url":"\/46.2-117\/"},{"id":82474,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","order_by":null,"url":"\/46.2-118\/"},{"id":84696,"section_number":"46.2-119","catch_line":"Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General","order_by":null,"url":"\/46.2-119\/"},{"id":84929,"section_number":"46.2-1500","catch_line":"Definitions","order_by":null,"url":"\/46.2-1500\/"},{"id":58786,"section_number":"46.2-2800","catch_line":"Repealed","order_by":null,"url":"\/46.2-2800\/"},{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":225371,"object_type":"law","relational_id":55270,"identifier":"46.2-116","token":"46.2\/I\/1\/46.2-116","url":"\/46.2-116\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-116\/","token":"46.2\/I\/1\/46.2-116","dublin_core":{"Title":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-116","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section and §§ 46.2-117<\/a>, 46.2-118<\/a>, and 46.2-119<\/a>:\n\t\t\t“Consumer<\/span>” means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent<\/span> of the owner<\/span> as defined in clause (i); or (iii) is an employee, agent<\/span>, or representative of an insurance company representing any party<\/span> involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner<\/span> or his agent<\/span> or the lessee of the vehicle to obtain possession<\/span> of the vehicle.\n\t\t\t“Department<\/span>” means the Department<\/span> of Criminal Justice Services.\n\t\t\t“Tow truck driver<\/span>” means an individual who drives a tow truck as defined in § 46.2-100<\/a>.\n\t\t\t“Towing and recovery operator<\/span>” means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. “Towing and recovery operator<\/span>” shall not include a franchised motor vehicle<\/span> dealer as defined in § 46.2-1500<\/a> using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner<\/span> for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> On and after January 1, 2013, no tow truck driver<\/span> shall drive any tow truck without being registered with the Department<\/span>, except that this requirement shall not apply to any holder of a tow truck driver<\/span> authorization document issued pursuant to former § 46.2-2814 until the expiration date of such document. The Department<\/span> may offer a temporary registration or driver authorization document that is effective upon the submission of an application and that expires upon the issuance or denial of a permanent registration. Every applicant for an initial registration or renewal of registration pursuant to this section shall submit his registration application, fingerprints, and personal descriptive information to the Department<\/span> and a nonrefundable application fee of $100. The Department<\/span> shall forward the personal descriptive information along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. The cost of the fingerprinting and criminal history record check shall be paid by the applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the Department<\/span>. If an applicant is denied registration as a tow truck driver<\/span> because of the information appearing in his criminal history record, the Department<\/span> shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to Chapter 9 (\u00a7 9.1-900<\/a> et seq.) of Title 9.1 or in a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span>; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime<\/span> as defined in subsection C of \u00a7 17.1-805<\/a> unless such person held a valid tow truck driver<\/span> authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators<\/span> pursuant to former Chapter 28 (\u00a7 46.2-2800<\/a> et seq.), and has not been convicted of a violent crime<\/span> as defined in subsection C of \u00a7 17.1-805<\/a> subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime<\/span> involving the driving of a tow truck, including drug or alcohol offenses<\/span>, but not traffic infraction<\/span> convictions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Department<\/span> may deny a registration to any person who (i) has been convicted more than 15 years prior to the date of the application of a violent crime<\/span> as defined in subsection C of § 17.1-805<\/a> or (ii) has been convicted more than 15 years prior to the date of the application of any crime<\/span> involving the driving of a tow truck, including drug or alcohol offenses<\/span>. The Department<\/span> shall deny a registration to a person described in clause (i) or (ii) if the person has not completed all terms of probation<\/span> or parole<\/span> related to such conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person registered pursuant to this section shall report to the Department<\/span> within 10 days of conviction<\/span> any convictions<\/span> for felonies or misdemeanors<\/span> that occur while he is registered with the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any tow truck driver<\/span> failing to register with the Department<\/span> as required by this section is guilty of a Class 3 misdemeanor<\/span>. A tow truck driver<\/span> registered with the Department<\/span> shall have such registration in his possession<\/span> whenever driving a tow truck on the highways<\/span><\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Registrations issued by the Department<\/span> pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department<\/span> in accordance with § 46.2-117<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGISTRATION WITH DEPARTMENT OF CRIMINAL JUSTICE SERVICES REQUIRED FOR TOW TRUCK\nDRIVERS; PENALTY (\u00a7 46.2-116)\n\nA. As used in this section and §§ 46.2-117, 46.2-118, and 46.2-119:\n\t\t\t“Consumer” means a person who (i) has vested ownership, dominion,\nor title to the vehicle; (ii) is the authorized agent of the owner as defined in\nclause (i); or (iii) is an employee, agent, or representative of an insurance\ncompany representing any party involved in a collision that resulted in a\npolice-requested tow who represents in writing that the insurance company had\nobtained the oral or written consent of the title owner or his agent or the\nlessee of the vehicle to obtain possession of the vehicle.\n\t\t\t“Department” means the Department of Criminal Justice Services.\n\t\t\t“Tow truck driver” means an individual who drives a tow truck as\ndefined in § 46.2-100.\n\t\t\t“Towing and recovery operator” means any person engaging in the\nbusiness of providing or offering to provide services involving the use of a tow\ntruck and services incidental to use of a tow truck. “Towing and recovery\noperator” shall not include a franchised motor vehicle dealer as defined\nin § 46.2-1500 using a tow truck owned by a dealer when transporting a\nvehicle to or from a repair facility owned by the dealer when the dealer does\nnot receive compensation from the vehicle owner for towing of the vehicle or\nwhen transporting a vehicle in which the dealer has an ownership or security\ninterest.\n\nB. On and after January 1, 2013, no tow truck driver shall drive any tow truck\nwithout being registered with the Department, except that this requirement shall\nnot apply to any holder of a tow truck driver authorization document issued\npursuant to former § 46.2-2814 until the expiration date of such document.\nThe Department may offer a temporary registration or driver authorization\ndocument that is effective upon the submission of an application and that\nexpires upon the issuance or denial of a permanent registration. Every applicant\nfor an initial registration or renewal of registration pursuant to this section\nshall submit his registration application, fingerprints, and personal\ndescriptive information to the Department and a nonrefundable application fee of\n$100. The Department shall forward the personal descriptive information along\nwith the applicant’s fingerprints through the Central Criminal Records\nExchange to the Federal Bureau of Investigation for the purpose of obtaining a\nnational criminal history record check regarding such applicant. The cost of the\nfingerprinting and criminal history record check shall be paid by the applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall make a report to the\nDepartment. If an applicant is denied registration as a tow truck driver because\nof the information appearing in his criminal history record, the Department\nshall notify the applicant that information obtained from the Central Criminal\nRecords Exchange contributed to such denial. The information shall not be\ndisseminated except as provided in this section.\n\nC. 1. No registration shall be issued to any person who (i) is required to\nregister with the Sex Offender and Crimes Against Minors Registry pursuant to\nChapter 9 (\u00a7 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of\nany other state, the United States, or any foreign jurisdiction; (ii) has been\nconvicted within the 15 years prior to the date of the application of a violent\ncrime as defined in subsection C of \u00a7 17.1-805 unless such person held a valid\ntow truck driver authorization document on January 1, 2013, issued by the Board\nof Towing and Recovery Operators pursuant to former Chapter 28 (\u00a7 46.2-2800 et\nseq.), and has not been convicted of a violent crime as defined in subsection C\nof \u00a7 17.1-805 subsequent to the abolition of the Board; or (iii) has been\nconvicted within the 15 years prior to the date of the application of any crime\ninvolving the driving of a tow truck, including drug or alcohol offenses, but\nnot traffic infraction convictions.\n\n 2. The Department may deny a registration to any person who (i) has been\n convicted more than 15 years prior to the date of the application of a violent\n crime as defined in subsection C of § 17.1-805 or (ii) has been convicted\n more than 15 years prior to the date of the application of any crime involving\n the driving of a tow truck, including drug or alcohol offenses. The Department\n shall deny a registration to a person described in clause (i) or (ii) if the\n person has not completed all terms of probation or parole related to such\n conviction.\n\n 3. Any person registered pursuant to this section shall report to the\n Department within 10 days of conviction any convictions for felonies or\n misdemeanors that occur while he is registered with the Department.\n\nD. Any tow truck driver failing to register with the Department as required by\nthis section is guilty of a Class 3 misdemeanor. A tow truck driver registered\nwith the Department shall have such registration in his possession whenever\ndriving a tow truck on the highways.\n\nE. Registrations issued by the Department pursuant to this section shall be\nvalid for a period not to exceed 24 months, unless revoked or suspended by the\nDepartment in accordance with § 46.2-117.\n\nHISTORY: 2012, cc. 803, 835; 2014, cc. 59, 441; 2017, c. 503; 2020, cc. 829,\n1237.","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}}