{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-117.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-117.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-117.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-117.html"}],"law_id":84528,"edition_id":1,"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","history":"2012, cc. 803, 835; 2020, c. 829.","full_text":"A\n\nUpon receipt of written notice from the Division of Consumer Counsel of the Office of the Attorney General that it has obtained a civil judgment against a tow truck driver for a violation of subsection A of § 46.2-118 or § 46.2-1217, 46.2-1231, or 46.2-1233.1 or upon the failure of a tow truck driver to report to the Department within 10 days any conviction for a felony or misdemeanor that occurred while he is registered in accordance with § 46.2-116, the Department may revoke or suspend the registration of a tow truck driver after notice and hearing as provided in subsection C.B\n\nFurthermore, the Department shall, after notice and hearing as provided in subsection C, revoke or suspend the registration of a tow truck driver for:1\n\nConviction of any crime for which a person must register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 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;2\n\nConviction of a violent crime as defined in subsection C of § 17.1-805; or3\n\nConviction of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.C\n\nBefore suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck driver by the Department in accordance with the provisions of § 2.2-4020 of the Administrative Process Act. In suspending or revoking the registration of a tow truck driver, the Department may assess the tow truck driver the cost of conducting the hearing unless the Department determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute. Any costs assessed by the Department shall be limited to (i) the reasonable hourly rate of the hearing officer and (ii) the actual cost of recording the hearing.","order_by":null,"text":{"0":{"id":302928,"text":"Upon receipt of written notice from the Division of Consumer Counsel of the Office of the Attorney General that it has obtained a civil judgment against a tow truck driver for a violation of subsection A of § 46.2-118 or § 46.2-1217, 46.2-1231, or 46.2-1233.1 or upon the failure of a tow truck driver to report to the Department within 10 days any conviction for a felony or misdemeanor that occurred while he is registered in accordance with § 46.2-116, the Department may revoke or suspend the registration of a tow truck driver after notice and hearing as provided in subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302929,"text":"Furthermore, the Department shall, after notice and hearing as provided in subsection C, revoke or suspend the registration of a tow truck driver for:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":302930,"text":"Conviction of any crime for which a person must register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":302931,"text":"Conviction of a violent crime as defined in subsection C of § 17.1-805; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":302932,"text":"Conviction of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":302933,"text":"Before suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck driver by the Department in accordance with the provisions of § 2.2-4020 of the Administrative Process Act. In suspending or revoking the registration of a tow truck driver, the Department may assess the tow truck driver the cost of conducting the hearing unless the Department determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute. Any costs assessed by the Department shall be limited to (i) the reasonable hourly rate of the hearing officer and (ii) the actual cost of recording the hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-117\/","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 1 time. 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. That modification is as follows: in 2020, chapter 829<\/a>.<\/p>","references":[{"id":55270,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","order_by":null,"url":"\/46.2-116\/"},{"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":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":55270,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","order_by":null,"url":"\/46.2-116\/"},{"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":60919,"section_number":"46.2-1217","catch_line":"Local governing body may regulate certain towing","order_by":null,"url":"\/46.2-1217\/"},{"id":68405,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","order_by":null,"url":"\/46.2-1231\/"},{"id":57172,"section_number":"46.2-1233.1","catch_line":"Limitation on charges for towing and storage of certain vehicles","order_by":null,"url":"\/46.2-1233.1\/"},{"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":225375,"object_type":"law","relational_id":84528,"identifier":"46.2-117","token":"46.2\/I\/1\/46.2-117","url":"\/46.2-117\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-117\/","token":"46.2\/I\/1\/46.2-117","dublin_core":{"Title":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-117","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receipt of written notice from the Division of Consumer Counsel<\/span> of the Office of the Attorney General<\/span> that it has obtained a civil judgment<\/span> against a tow truck<\/span> driver<\/span> for a violation of subsection A of § 46.2-118<\/a> or § 46.2-1217<\/a>, 46.2-1231<\/a>, or 46.2-1233.1<\/a> or upon the failure of a tow truck<\/span> driver<\/span> to report to the Department<\/span> within 10 days any conviction<\/span> for a felony<\/span> or misdemeanor<\/span> that occurred while he is registered in accordance with § 46.2-116<\/a>, the Department<\/span> may revoke<\/span> or suspend<\/span> the registration of a tow truck<\/span> driver<\/span> after notice and hearing<\/span> as provided in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Furthermore, the Department<\/span> shall, after notice and hearing<\/span> as provided in subsection C, revoke<\/span> or suspend<\/span> the registration of a tow truck<\/span> driver<\/span> for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conviction<\/span> of any crime<\/span> for which a person must register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to Chapter 9 (§ 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>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Conviction<\/span> of a violent crime<\/span> as defined in subsection C of § 17.1-805<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Conviction<\/span> of any crime<\/span> involving the driving of a tow truck<\/span>, including drug or alcohol offenses<\/span>, but not traffic infraction<\/span> convictions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck<\/span> driver<\/span> by the Department<\/span> in accordance with the provisions of § 2.2-4020<\/a> of the Administrative Process Act. In suspending or revoking the registration of a tow truck<\/span> driver<\/span>, the Department<\/span> may assess the tow truck<\/span> driver<\/span> the cost of conducting the hearing<\/span> unless the Department<\/span> determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute<\/span>. Any costs assessed by the Department<\/span> shall be limited to (i) the reasonable hourly rate of the hearing<\/span> officer and (ii) the actual cost of recording the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION AND SUSPENSION OF REGISTRATION OF TOW TRUCK DRIVER; NOTICE AND\nHEARING; ASSESSMENT OF COSTS (\u00a7 46.2-117)\n\nA. Upon receipt of written notice from the Division of Consumer Counsel of the\nOffice of the Attorney General that it has obtained a civil judgment against a\ntow truck driver for a violation of subsection A of § 46.2-118 or §\n46.2-1217, 46.2-1231, or 46.2-1233.1 or upon the failure of a tow truck driver\nto report to the Department within 10 days any conviction for a felony or\nmisdemeanor that occurred while he is registered in accordance with §\n46.2-116, the Department may revoke or suspend the registration of a tow truck\ndriver after notice and hearing as provided in subsection C.\n\nB. Furthermore, the Department shall, after notice and hearing as provided in\nsubsection C, revoke or suspend the registration of a tow truck driver for:\n\n 1. Conviction of any crime for which a person must register with the Sex\n Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§\n 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other\n state, the United States, or any foreign jurisdiction;\n\n 2. Conviction of a violent crime as defined in subsection C of §\n 17.1-805; or\n\n 3. Conviction of any crime involving the driving of a tow truck, including\n drug or alcohol offenses, but not traffic infraction convictions.\n\nC. Before suspending or revoking any registration, reasonable notice of such\nproposed action shall be given to the tow truck driver by the Department in\naccordance with the provisions of § 2.2-4020 of the Administrative Process\nAct. In suspending or revoking the registration of a tow truck driver, the\nDepartment may assess the tow truck driver the cost of conducting the hearing\nunless the Department determines that the violation was inadvertent or done in a\ngood faith belief that such act did not violate a statute. Any costs assessed by\nthe Department shall be limited to (i) the reasonable hourly rate of the hearing\nofficer and (ii) the actual cost of recording the hearing.\n\nHISTORY: 2012, cc. 803, 835; 2020, c. 829.","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}}