{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1190.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1190.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1190.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1190.5.html"}],"law_id":62933,"edition_id":1,"section_id":62933,"structure_id":12839,"section_number":"46.2-1190.5","catch_line":"Penalties and remedies for violations of article","history":"2004, c. 734; 2013, c. 226.","full_text":"A\n\nThe Department shall impose the following penalties on any training center for violations of the requirements of this article:1\n\nLimit the type of instruction provided by the training center;2\n\nSuspend or revoke the license of the training center;3\n\nImpose a civil penalty as set forth in § 46.2-1190.7; or4\n\nImpose any combination of the penalties set forth in this subsection.B\n\nWhen violations occur that are not found by the Department to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department shall (i) notify the training center of the violations that have occurred, (ii) direct corrective action to be completed by the training center within 30 calendar days, and (iii) require a formal written response documenting that corrections have been made as directed. Such violations shall typically be associated with, but not limited to, training center administration and operations. If corrections are not completed as directed, the Department shall notify the training center and may impose any or all of the sanctions set forth in subsection A of this section. Such penalties shall continue until all required corrections are made and the Department receives formal documentation confirming compliance.\n\t\t\tThe Department shall suspend the license of any training center that receives three or more notices under this subsection within any 12-month period. Such suspensions shall be for an initial 90-day period and shall continue until all required corrections are made and the Department receives formal documentation confirming compliance.C\n\nWhen violations occur that are found by the Department to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department shall (i) notify the training center of the violations that have occurred and immediately limit all types of instruction provided by the training center, (ii) direct corrective action to be completed by the training center within 30 calendar days of receipt of notice of such violations and (iii) shall require a formal written response documenting that corrections have been made as directed. If corrections are not completed as directed, the Department shall suspend the license of the training center and impose a civil penalty as set forth in § 46.2-1190.7. The period of such license suspension shall continue until all required corrections are made and the Department receives formal documentation confirming compliance. If the required corrections are not made within 30 calendar days of the suspension, the Department shall revoke the license.D\n\nOnce a training center license is revoked, the Department shall not renew or reissue the license until (i) it receives formal documentation confirming compliance with the required corrective actions, and (ii) the training center applies for renewal or reissuance. Such training centers shall not be eligible to apply for a license again until 180 calendar days after the Department receives formal documentation confirming compliance with the required corrective actions.E\n\nNotice of an order suspending or revoking a license, imposing a limitation on training center operations or imposing a civil penalty, and advising the licensee of the opportunity for a hearing as a result of such order, shall be in writing and mailed to the licensee by registered mail to the training center address as shown on the most recent licensee’s application for license and shall be considered served when mailed.\n\t\t\tUpon receipt of a request for a hearing appealing the order, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.","order_by":null,"text":{"0":{"id":229542,"text":"The Department shall impose the following penalties on any training center for violations of the requirements of this article:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":229543,"text":"Limit the type of instruction provided by the training center;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":229544,"text":"Suspend or revoke the license of the training center;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":229545,"text":"Impose a civil penalty as set forth in § 46.2-1190.7; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":229546,"text":"Impose any combination of the penalties set forth in this subsection.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":229547,"text":"When violations occur that are not found by the Department to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department shall (i) notify the training center of the violations that have occurred, (ii) direct corrective action to be completed by the training center within 30 calendar days, and (iii) require a formal written response documenting that corrections have been made as directed. Such violations shall typically be associated with, but not limited to, training center administration and operations. If corrections are not completed as directed, the Department shall notify the training center and may impose any or all of the sanctions set forth in subsection A of this section. Such penalties shall continue until all required corrections are made and the Department receives formal documentation confirming compliance.\n\t\t\tThe Department shall suspend the license of any training center that receives three or more notices under this subsection within any 12-month period. Such suspensions shall be for an initial 90-day period and shall continue until all required corrections are made and the Department receives formal documentation confirming compliance.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":229548,"text":"When violations occur that are found by the Department to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department shall (i) notify the training center of the violations that have occurred and immediately limit all types of instruction provided by the training center, (ii) direct corrective action to be completed by the training center within 30 calendar days of receipt of notice of such violations and (iii) shall require a formal written response documenting that corrections have been made as directed. If corrections are not completed as directed, the Department shall suspend the license of the training center and impose a civil penalty as set forth in § 46.2-1190.7. The period of such license suspension shall continue until all required corrections are made and the Department receives formal documentation confirming compliance. If the required corrections are not made within 30 calendar days of the suspension, the Department shall revoke the license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":229549,"text":"Once a training center license is revoked, the Department shall not renew or reissue the license until (i) it receives formal documentation confirming compliance with the required corrective actions, and (ii) the training center applies for renewal or reissuance. Such training centers shall not be eligible to apply for a license again until 180 calendar days after the Department receives formal documentation confirming compliance with the required corrective actions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":229550,"text":"Notice of an order suspending or revoking a license, imposing a limitation on training center operations or imposing a civil penalty, and advising the licensee of the opportunity for a hearing as a result of such order, shall be in writing and mailed to the licensee by registered mail to the training center address as shown on the most recent licensee’s application for license and shall be considered served when mailed.\n\t\t\tUpon receipt of a request for a hearing appealing the order, the licensee shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12839,"edition_id":1,"name":"Motorcycle Rider Safety","identifier":"23","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":229359,"object_type":"structure","relational_id":12839,"identifier":"23","token":"46.2\/III\/10\/23","url":"\/46.2\/III\/10\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","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":73826,"structure_id":12839,"section_number":"46.2-1188","catch_line":"Motorcycle rider safety training courses","url":"\/46.2-1188\/","token":"46.2\/III\/10\/23\/46.2-1188","metadata":false},{"id":68660,"structure_id":12839,"section_number":"46.2-1189","catch_line":"Authority of the Department of Motor Vehicles","url":"\/46.2-1189\/","token":"46.2\/III\/10\/23\/46.2-1189","metadata":false},{"id":80353,"structure_id":12839,"section_number":"46.2-1190","catch_line":"Regional motorcycle rider safety training centers; requirements","url":"\/46.2-1190\/","token":"46.2\/III\/10\/23\/46.2-1190","metadata":false},{"id":55715,"structure_id":12839,"section_number":"46.2-1190.1","catch_line":"Curricula requirements","url":"\/46.2-1190.1\/","token":"46.2\/III\/10\/23\/46.2-1190.1","metadata":false},{"id":82157,"structure_id":12839,"section_number":"46.2-1190.2","catch_line":"Facilities and equipment; requirements and approval","url":"\/46.2-1190.2\/","token":"46.2\/III\/10\/23\/46.2-1190.2","metadata":false},{"id":64969,"structure_id":12839,"section_number":"46.2-1190.3","catch_line":"Instructor qualifications","url":"\/46.2-1190.3\/","token":"46.2\/III\/10\/23\/46.2-1190.3","metadata":false},{"id":68830,"structure_id":12839,"section_number":"46.2-1190.4","catch_line":"Administrative and reporting requirements","url":"\/46.2-1190.4\/","token":"46.2\/III\/10\/23\/46.2-1190.4","metadata":false},{"id":62933,"structure_id":12839,"section_number":"46.2-1190.5","catch_line":"Penalties and remedies for violations of article","url":"\/46.2-1190.5\/","token":"46.2\/III\/10\/23\/46.2-1190.5","metadata":false},{"id":65229,"structure_id":12839,"section_number":"46.2-1190.6","catch_line":"Other grounds for denying, suspending, or revoking licenses","url":"\/46.2-1190.6\/","token":"46.2\/III\/10\/23\/46.2-1190.6","metadata":false},{"id":60007,"structure_id":12839,"section_number":"46.2-1190.7","catch_line":"Civil penalties","url":"\/46.2-1190.7\/","token":"46.2\/III\/10\/23\/46.2-1190.7","metadata":false},{"id":53986,"structure_id":12839,"section_number":"46.2-1191","catch_line":"Motorcycle Rider Safety Training Program Fund","url":"\/46.2-1191\/","token":"46.2\/III\/10\/23\/46.2-1191","metadata":false},{"id":57946,"structure_id":12839,"section_number":"46.2-1192","catch_line":"Issuance and renewal of licenses by Department; payments to regional training centers","url":"\/46.2-1192\/","token":"46.2\/III\/10\/23\/46.2-1192","metadata":false}],"previous_section":{"id":68830,"structure_id":12839,"section_number":"46.2-1190.4","catch_line":"Administrative and reporting requirements","url":"\/46.2-1190.4\/","token":"46.2\/III\/10\/23\/46.2-1190.4","metadata":false},"next_section":{"id":65229,"structure_id":12839,"section_number":"46.2-1190.6","catch_line":"Other grounds for denying, suspending, or revoking licenses","url":"\/46.2-1190.6\/","token":"46.2\/III\/10\/23\/46.2-1190.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1190.5\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 734<\/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 2013, chapter 226<\/a>.<\/p>","references":[{"id":80353,"section_number":"46.2-1190","catch_line":"Regional motorcycle rider safety training centers; requirements","order_by":null,"url":"\/46.2-1190\/"}],"refers_to":[{"id":60007,"section_number":"46.2-1190.7","catch_line":"Civil penalties","order_by":null,"url":"\/46.2-1190.7\/"}],"permalink":{"id":229389,"object_type":"law","relational_id":62933,"identifier":"46.2-1190.5","token":"46.2\/III\/10\/23\/46.2-1190.5","url":"\/46.2-1190.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1190.5\/","token":"46.2\/III\/10\/23\/46.2-1190.5","dublin_core":{"Title":"Penalties and remedies for violations of article","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1190.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall impose the following penalties on any training center for violations of the requirements of this article: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Limit the type of instruction provided by the training center; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Suspend<\/span> or revoke<\/span> the license of the training center; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Impose a civil penalty<\/span> as set forth in § 46.2-1190.7<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Impose any combination of the penalties set forth in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When violations occur that are not found by the Department<\/span> to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department<\/span> shall (i) notify the training center of the violations that have occurred, (ii) direct corrective action to be completed by the training center within 30 calendar days, and (iii) require a formal written response documenting that corrections have been made as directed. Such violations shall typically be associated with, but not limited to, training center administration and operations. If corrections are not completed as directed, the Department<\/span> shall notify the training center and may impose any or all of the sanctions<\/span> set forth in subsection A of this section. Such penalties shall continue until all required corrections are made and the Department<\/span> receives formal documentation confirming compliance.\n\t\t\tThe Department<\/span> shall suspend<\/span> the license of any training center that receives three or more notices under this subsection within any 12-month period. Such suspensions<\/span> shall be for an initial 90-day period and shall continue until all required corrections are made and the Department<\/span> receives formal documentation confirming compliance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When violations occur that are found by the Department<\/span> to pose a threat to the health, safety or welfare of the public or the course participants, instructors or others associated with the course, the Department<\/span> shall (i) notify the training center of the violations that have occurred and immediately limit all types of instruction provided by the training center, (ii) direct corrective action to be completed by the training center within 30 calendar days of receipt of notice of such violations and (iii) shall require a formal written response documenting that corrections have been made as directed. If corrections are not completed as directed, the Department<\/span> shall suspend<\/span> the license of the training center and impose a civil penalty<\/span> as set forth in § 46.2-1190.7<\/a>. The period of such license suspension<\/span> shall continue until all required corrections are made and the Department<\/span> receives formal documentation confirming compliance. If the required corrections are not made within 30 calendar days of the suspension<\/span>, the Department<\/span> shall revoke<\/span> the license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Once a training center license is revoked, the Department<\/span> shall not renew or reissue the license until (i) it receives formal documentation confirming compliance with the required corrective actions, and (ii) the training center applies for renewal or reissuance. Such training centers shall not be eligible to apply for a license again until 180 calendar days after the Department<\/span> receives formal documentation confirming compliance with the required corrective actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notice of an order<\/span> suspending or revoking a license, imposing a limitation on training center operations or imposing a civil penalty<\/span>, and advising the licensee of the opportunity for a hearing<\/span> as a result of such order<\/span>, shall be in writing and mailed to the licensee by registered mail to the training center address as shown on the most recent licensee’s application for license and shall be considered served when mailed.\n\t\t\tUpon receipt of a request for a hearing<\/span> appealing the order<\/span>, the licensee shall be afforded the opportunity for a hearing<\/span> as soon as practicable, but in no case later than 30 days from receipt of the hearing<\/span> request. The order<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES AND REMEDIES FOR VIOLATIONS OF ARTICLE (\u00a7 46.2-1190.5)\n\nA. The Department shall impose the following penalties on any training center\nfor violations of the requirements of this article:\n\n 1. Limit the type of instruction provided by the training center;\n\n 2. Suspend or revoke the license of the training center;\n\n 3. Impose a civil penalty as set forth in § 46.2-1190.7; or\n\n 4. Impose any combination of the penalties set forth in this subsection.\n\nB. When violations occur that are not found by the Department to pose a threat\nto the health, safety or welfare of the public or the course participants,\ninstructors or others associated with the course, the Department shall (i)\nnotify the training center of the violations that have occurred, (ii) direct\ncorrective action to be completed by the training center within 30 calendar\ndays, and (iii) require a formal written response documenting that corrections\nhave been made as directed. Such violations shall typically be associated with,\nbut not limited to, training center administration and operations. If\ncorrections are not completed as directed, the Department shall notify the\ntraining center and may impose any or all of the sanctions set forth in\nsubsection A of this section. Such penalties shall continue until all required\ncorrections are made and the Department receives formal documentation confirming\ncompliance.\n\t\t\tThe Department shall suspend the license of any training center that receives\nthree or more notices under this subsection within any 12-month period. Such\nsuspensions shall be for an initial 90-day period and shall continue until all\nrequired corrections are made and the Department receives formal documentation\nconfirming compliance.\n\nC. When violations occur that are found by the Department to pose a threat to\nthe health, safety or welfare of the public or the course participants,\ninstructors or others associated with the course, the Department shall (i)\nnotify the training center of the violations that have occurred and immediately\nlimit all types of instruction provided by the training center, (ii) direct\ncorrective action to be completed by the training center within 30 calendar days\nof receipt of notice of such violations and (iii) shall require a formal written\nresponse documenting that corrections have been made as directed. If corrections\nare not completed as directed, the Department shall suspend the license of the\ntraining center and impose a civil penalty as set forth in § 46.2-1190.7.\nThe period of such license suspension shall continue until all required\ncorrections are made and the Department receives formal documentation confirming\ncompliance. If the required corrections are not made within 30 calendar days of\nthe suspension, the Department shall revoke the license.\n\nD. Once a training center license is revoked, the Department shall not renew or\nreissue the license until (i) it receives formal documentation confirming\ncompliance with the required corrective actions, and (ii) the training center\napplies for renewal or reissuance. Such training centers shall not be eligible\nto apply for a license again until 180 calendar days after the Department\nreceives formal documentation confirming compliance with the required corrective\nactions.\n\nE. Notice of an order suspending or revoking a license, imposing a limitation on\ntraining center operations or imposing a civil penalty, and advising the\nlicensee of the opportunity for a hearing as a result of such order, shall be in\nwriting and mailed to the licensee by registered mail to the training center\naddress as shown on the most recent licensee’s application for license and\nshall be considered served when mailed.\n\t\t\tUpon receipt of a request for a hearing appealing the order, the licensee\nshall be afforded the opportunity for a hearing as soon as practicable, but in\nno case later than 30 days from receipt of the hearing request. The order shall\nremain in effect pending the outcome of the hearing.\n\nHISTORY: 2004, c. 734; 2013, c. 226.","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}}