{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1609.html"}],"law_id":76509,"edition_id":1,"section_id":76509,"structure_id":13677,"section_number":"46.2-1609","catch_line":"Penalties","history":"1979, c. 401, \u00a7 46.1-550.14; 1989, c. 727; 1992, c. 148; 2011, c. 824; 2014, c. 58.","full_text":"A\n\nFirst violations of any provision of this chapter shall constitute a Class 1 misdemeanor, and second and subsequent violations of any provision of this chapter shall constitute a Class 5 felony. Upon receipt of any such conviction, the Commissioner may suspend, revoke, cancel, or refuse to renew the license of any licensee under this chapter, and the Commissioner may also assess a civil penalty against such licensee not to exceed $2,500 for any conviction.B\n\nExcept as otherwise provided in this chapter, any licensee violating any of the provisions of this chapter may be assessed a civil penalty by the Commissioner not to exceed $1,000 for any single violation.C\n\nNotice of an order suspending, revoking, canceling, or denying renewal of a license, imposing a limitation on operation, or imposing a civil penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by first-class mail to the address as shown on the licensee’s most recent application for a license and shall be considered served when mailed. No order required by this section shall become effective until the Commissioner has offered the licensee an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order. Any request for an administrative hearing made by such person must be received by the Department within 30 days of the issuance date of the order unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order was issued.D\n\nUpon receipt of a request for a hearing appealing the suspension or imposition of civil penalties, 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. Any suspension shall remain in effect pending the outcome of the hearing.","order_by":null,"text":{"0":{"id":274628,"text":"First violations of any provision of this chapter shall constitute a Class 1 misdemeanor, and second and subsequent violations of any provision of this chapter shall constitute a Class 5 felony. Upon receipt of any such conviction, the Commissioner may suspend, revoke, cancel, or refuse to renew the license of any licensee under this chapter, and the Commissioner may also assess a civil penalty against such licensee not to exceed $2,500 for any conviction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274629,"text":"Except as otherwise provided in this chapter, any licensee violating any of the provisions of this chapter may be assessed a civil penalty by the Commissioner not to exceed $1,000 for any single violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274630,"text":"Notice of an order suspending, revoking, canceling, or denying renewal of a license, imposing a limitation on operation, or imposing a civil penalty and advising the licensee of the opportunity for a hearing shall be mailed to the licensee by first-class mail to the address as shown on the licensee’s most recent application for a license and shall be considered served when mailed. No order required by this section shall become effective until the Commissioner has offered the licensee an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order. Any request for an administrative hearing made by such person must be received by the Department within 30 days of the issuance date of the order unless the person presents to the Department evidence of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order was issued.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274631,"text":"Upon receipt of a request for a hearing appealing the suspension or imposition of civil penalties, 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. Any suspension shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13677,"edition_id":1,"name":"Salvage, Nonrepairable, and Rebuilt Vehicles","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:45:32","date_modified":"2026-06-26 03:45:32","permalink":{"id":231781,"object_type":"structure","relational_id":13677,"identifier":"16","token":"46.2\/IV\/16","url":"\/46.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","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":58576,"structure_id":13677,"section_number":"46.2-1600","catch_line":"Definitions","url":"\/46.2-1600\/","token":"46.2\/IV\/16\/46.2-1600","metadata":false},{"id":58776,"structure_id":13677,"section_number":"46.2-1601","catch_line":"Licensing of dealers of salvage vehicles; fees","url":"\/46.2-1601\/","token":"46.2\/IV\/16\/46.2-1601","metadata":false},{"id":68846,"structure_id":13677,"section_number":"46.2-1601.1","catch_line":"Advertising and display of license; business hours","url":"\/46.2-1601.1\/","token":"46.2\/IV\/16\/46.2-1601.1","metadata":false},{"id":69351,"structure_id":13677,"section_number":"46.2-1601.2","catch_line":"Acts of officers, directors, and partners","url":"\/46.2-1601.2\/","token":"46.2\/IV\/16\/46.2-1601.2","metadata":false},{"id":82874,"structure_id":13677,"section_number":"46.2-1601.3","catch_line":"Grounds for denying, suspending, or revoking licenses","url":"\/46.2-1601.3\/","token":"46.2\/IV\/16\/46.2-1601.3","metadata":false},{"id":85538,"structure_id":13677,"section_number":"46.2-1602","catch_line":"Certain sales prohibited; exceptions","url":"\/46.2-1602\/","token":"46.2\/IV\/16\/46.2-1602","metadata":false},{"id":65231,"structure_id":13677,"section_number":"46.2-1602.1","catch_line":"Duties of insurance companies upon acquiring certain vehicles","url":"\/46.2-1602.1\/","token":"46.2\/IV\/16\/46.2-1602.1","metadata":false},{"id":81945,"structure_id":13677,"section_number":"46.2-1602.2","catch_line":"Exemptions","url":"\/46.2-1602.2\/","token":"46.2\/IV\/16\/46.2-1602.2","metadata":false},{"id":82091,"structure_id":13677,"section_number":"46.2-1602.3","catch_line":"Exception; vehicles sold for recycling parts, dismantling, demolishing, or utilizing for scrap","url":"\/46.2-1602.3\/","token":"46.2\/IV\/16\/46.2-1602.3","metadata":false},{"id":61621,"structure_id":13677,"section_number":"46.2-1603","catch_line":"Obtaining salvage certificate or certificate of title for an unrecovered stolen vehicle","url":"\/46.2-1603\/","token":"46.2\/IV\/16\/46.2-1603","metadata":false},{"id":69665,"structure_id":13677,"section_number":"46.2-1603.1","catch_line":"Duties of licensees","url":"\/46.2-1603.1\/","token":"46.2\/IV\/16\/46.2-1603.1","metadata":false},{"id":55704,"structure_id":13677,"section_number":"46.2-1603.2","catch_line":"Owner may declare vehicle nonrepairable; insurance company required to obtain a nonrepairable certificate; applicability of certain other laws to nonrepairable certificates; titling and registration of nonrepairable vehicle prohibited","url":"\/46.2-1603.2\/","token":"46.2\/IV\/16\/46.2-1603.2","metadata":false},{"id":59590,"structure_id":13677,"section_number":"46.2-1604","catch_line":"Rebuilders required to possess certificate of title or salvage certificate","url":"\/46.2-1604\/","token":"46.2\/IV\/16\/46.2-1604","metadata":false},{"id":56078,"structure_id":13677,"section_number":"46.2-1605","catch_line":"Vehicles rebuilt for highway use; examinations; branding of titles","url":"\/46.2-1605\/","token":"46.2\/IV\/16\/46.2-1605","metadata":false},{"id":54656,"structure_id":13677,"section_number":"46.2-1606","catch_line":"Certificates of title issued by other states; nonnegotiable titles","url":"\/46.2-1606\/","token":"46.2\/IV\/16\/46.2-1606","metadata":false},{"id":71773,"structure_id":13677,"section_number":"46.2-1607","catch_line":"Inspection of records and examination of inventory","url":"\/46.2-1607\/","token":"46.2\/IV\/16\/46.2-1607","metadata":false},{"id":60419,"structure_id":13677,"section_number":"46.2-1608","catch_line":"Maintenance and contents of records","url":"\/46.2-1608\/","token":"46.2\/IV\/16\/46.2-1608","metadata":false},{"id":67751,"structure_id":13677,"section_number":"46.2-1608.1","catch_line":"Reports to police department; local ordinance; holding period; penalty","url":"\/46.2-1608.1\/","token":"46.2\/IV\/16\/46.2-1608.1","metadata":false},{"id":77682,"structure_id":13677,"section_number":"46.2-1608.2","catch_line":"Licensees to update records of the Department for motor vehicles that are to be demolished or dismantled","url":"\/46.2-1608.2\/","token":"46.2\/IV\/16\/46.2-1608.2","metadata":false},{"id":76509,"structure_id":13677,"section_number":"46.2-1609","catch_line":"Penalties","url":"\/46.2-1609\/","token":"46.2\/IV\/16\/46.2-1609","metadata":false},{"id":73259,"structure_id":13677,"section_number":"46.2-1610","catch_line":"Disposition of fees","url":"\/46.2-1610\/","token":"46.2\/IV\/16\/46.2-1610","metadata":false}],"previous_section":{"id":77682,"structure_id":13677,"section_number":"46.2-1608.2","catch_line":"Licensees to update records of the Department for motor vehicles that are to be demolished or dismantled","url":"\/46.2-1608.2\/","token":"46.2\/IV\/16\/46.2-1608.2","metadata":false},"next_section":{"id":73259,"structure_id":13677,"section_number":"46.2-1610","catch_line":"Disposition of fees","url":"\/46.2-1610\/","token":"46.2\/IV\/16\/46.2-1610","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1609\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 401 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. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1989, chapter 727; in 1992, chapter 148; in 2011, chapter 824<\/a>; in 2014, chapter 58<\/a>.<\/p>","references":[{"id":82874,"section_number":"46.2-1601.3","catch_line":"Grounds for denying, suspending, or revoking licenses","order_by":null,"url":"\/46.2-1601.3\/"}],"refers_to":false,"permalink":{"id":231859,"object_type":"law","relational_id":76509,"identifier":"46.2-1609","token":"46.2\/IV\/16\/46.2-1609","url":"\/46.2-1609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1609\/","token":"46.2\/IV\/16\/46.2-1609","dublin_core":{"Title":"Penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> First violations of any provision of this chapter shall constitute a Class 1 misdemeanor<\/span>, and second and subsequent violations of any provision of this chapter shall constitute a Class 5 felony<\/span>. Upon receipt of any such conviction<\/span>, the Commissioner<\/span> may suspend<\/span>, revoke<\/span>, cancel<\/span>, or refuse to renew the license of any licensee<\/span> under this chapter, and the Commissioner<\/span> may also assess a civil penalty<\/span> against such licensee<\/span> not to exceed $2,500 for any conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in this chapter, any licensee<\/span> violating any of the provisions of this chapter may be assessed a civil penalty<\/span> by the Commissioner<\/span> not to exceed $1,000 for any single violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of an order<\/span> suspending, revoking, canceling, or denying renewal of a license, imposing a limitation on operation, or imposing a civil penalty<\/span> and advising the licensee<\/span> of the opportunity for a hearing<\/span> shall be mailed to the licensee<\/span> by first-class mail to the address as shown on the licensee<\/span>’s most recent application for a license and shall be considered served when mailed. No order<\/span> required by this section shall become effective until the Commissioner<\/span> has offered the licensee<\/span> an opportunity for an administrative hearing<\/span> to show cause why the order<\/span> should not be enforced. Notice of the opportunity for an administrative hearing<\/span> may be included in the order<\/span>. Any request for an administrative hearing<\/span> made by such person must be received by the Department<\/span> within 30 days of the issuance date of the order<\/span> unless the person presents to the Department<\/span> evidence<\/span> of military service as defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration, commitment, hospitalization, or physical presence outside the United States at the time the order<\/span> was issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of a request for a hearing<\/span> appealing the suspension<\/span> or imposition of civil penalties, the licensee<\/span> 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. Any suspension<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES (\u00a7 46.2-1609)\n\nA. First violations of any provision of this chapter shall constitute a Class 1\nmisdemeanor, and second and subsequent violations of any provision of this\nchapter shall constitute a Class 5 felony. Upon receipt of any such conviction,\nthe Commissioner may suspend, revoke, cancel, or refuse to renew the license of\nany licensee under this chapter, and the Commissioner may also assess a civil\npenalty against such licensee not to exceed $2,500 for any conviction.\n\nB. Except as otherwise provided in this chapter, any licensee violating any of\nthe provisions of this chapter may be assessed a civil penalty by the\nCommissioner not to exceed $1,000 for any single violation.\n\nC. Notice of an order suspending, revoking, canceling, or denying renewal of a\nlicense, imposing a limitation on operation, or imposing a civil penalty and\nadvising the licensee of the opportunity for a hearing shall be mailed to the\nlicensee by first-class mail to the address as shown on the licensee’s\nmost recent application for a license and shall be considered served when\nmailed. No order required by this section shall become effective until the\nCommissioner has offered the licensee an opportunity for an administrative\nhearing to show cause why the order should not be enforced. Notice of the\nopportunity for an administrative hearing may be included in the order. Any\nrequest for an administrative hearing made by such person must be received by\nthe Department within 30 days of the issuance date of the order unless the\nperson presents to the Department evidence of military service as defined by the\nfederal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.),\nincarceration, commitment, hospitalization, or physical presence outside the\nUnited States at the time the order was issued.\n\nD. Upon receipt of a request for a hearing appealing the suspension or\nimposition of civil penalties, the licensee shall be afforded the opportunity\nfor a hearing as soon as practicable, but in no case later than 30 days from\nreceipt of the hearing request. Any suspension shall remain in effect pending\nthe outcome of the hearing.\n\nHISTORY: 1979, c. 401, \u00a7 46.1-550.14; 1989, c. 727; 1992, c. 148; 2011, c. 824;\n2014, c. 58.","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}}