{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-2121.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-2121.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-2121.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-2121.1.html"}],"law_id":56588,"edition_id":1,"section_id":56588,"structure_id":13445,"section_number":"46.2-2121.1","catch_line":"Declaration of for-hire operation; presumption of nonbusiness use","history":"2017, cc. 790, 815.","full_text":"Before any motor vehicle is used by a motor carrier to transport property for compensation over the highways of the Commonwealth, the owner of the vehicle shall declare to the Department that the operation of such vehicle is for hire.\n\t\tAny passenger car, motorcycle, autocycle, or pickup or panel truck, as defined in \u00a7 46.2-100, subject to the declaration required by this section and determined pursuant to \u00a7 58.1-3523 to be (i) privately owned, (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle, or (iii) held in a private trust for nonbusiness purposes and registered with the Department as a personal vehicle shall be presumed to be used for nonbusiness purposes in determining whether such vehicle is a qualifying vehicle under \u00a7 58.1-3523 absent clear and convincing evidence to the contrary. Any declaration given pursuant to this section shall not create any presumption of business or commercial use of the vehicle or of business activity on the part of the vehicle owner, lessee, or operator for purposes of any state or local requirement.","order_by":null,"text":{"0":{"id":207090,"text":"Before any motor vehicle is used by a motor carrier to transport property for compensation over the highways of the Commonwealth, the owner of the vehicle shall declare to the Department that the operation of such vehicle is for hire.\n\t\tAny passenger car, motorcycle, autocycle, or pickup or panel truck, as defined in \u00a7 46.2-100, subject to the declaration required by this section and determined pursuant to \u00a7 58.1-3523 to be (i) privately owned, (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle, or (iii) held in a private trust for nonbusiness purposes and registered with the Department as a personal vehicle shall be presumed to be used for nonbusiness purposes in determining whether such vehicle is a qualifying vehicle under \u00a7 58.1-3523 absent clear and convincing evidence to the contrary. Any declaration given pursuant to this section shall not create any presumption of business or commercial use of the vehicle or of business activity on the part of the vehicle owner, lessee, or operator for purposes of any state or local requirement.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13445,"edition_id":1,"name":"Motor Carriers of Property -- Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13444,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":232517,"object_type":"structure","relational_id":13445,"identifier":"1","token":"46.2\/V\/21\/1","url":"\/46.2\/V\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13444,"edition_id":1,"name":"Regulation of Property Carriers","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":13318,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":232515,"object_type":"structure","relational_id":13444,"identifier":"21","token":"46.2\/V\/21","url":"\/46.2\/V\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13318,"edition_id":1,"name":"Motor Carriers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231965,"object_type":"structure","relational_id":13318,"identifier":"V","token":"46.2\/V","url":"\/46.2\/V\/","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":85084,"structure_id":13445,"section_number":"46.2-2100","catch_line":"Definitions","url":"\/46.2-2100\/","token":"46.2\/V\/21\/1\/46.2-2100","metadata":false},{"id":68493,"structure_id":13445,"section_number":"46.2-2101","catch_line":"Exemptions from chapter","url":"\/46.2-2101\/","token":"46.2\/V\/21\/1\/46.2-2101","metadata":false},{"id":86770,"structure_id":13445,"section_number":"46.2-2102","catch_line":"Compliance with chapter required","url":"\/46.2-2102\/","token":"46.2\/V\/21\/1\/46.2-2102","metadata":false},{"id":65539,"structure_id":13445,"section_number":"46.2-2103","catch_line":"Repealed","url":"\/46.2-2103\/","token":"46.2\/V\/21\/1\/46.2-2103","metadata":false},{"id":56247,"structure_id":13445,"section_number":"46.2-2108.1","catch_line":"Disposition of funds collected","url":"\/46.2-2108.1\/","token":"46.2\/V\/21\/1\/46.2-2108.1","metadata":false},{"id":84548,"structure_id":13445,"section_number":"46.2-2108.2","catch_line":"Necessity of a permit or certificate","url":"\/46.2-2108.2\/","token":"46.2\/V\/21\/1\/46.2-2108.2","metadata":false},{"id":59213,"structure_id":13445,"section_number":"46.2-2108.3","catch_line":"Repealed","url":"\/46.2-2108.3\/","token":"46.2\/V\/21\/1\/46.2-2108.3","metadata":false},{"id":65235,"structure_id":13445,"section_number":"46.2-2108.4","catch_line":"Application; notice requirements","url":"\/46.2-2108.4\/","token":"46.2\/V\/21\/1\/46.2-2108.4","metadata":false},{"id":61323,"structure_id":13445,"section_number":"46.2-2108.5","catch_line":"Registered for fuels tax; business, professional, and occupational license taxes","url":"\/46.2-2108.5\/","token":"46.2\/V\/21\/1\/46.2-2108.5","metadata":false},{"id":68542,"structure_id":13445,"section_number":"46.2-2108.6","catch_line":"Considerations for determination of issuance of permit, or certificate","url":"\/46.2-2108.6\/","token":"46.2\/V\/21\/1\/46.2-2108.6","metadata":false},{"id":64408,"structure_id":13445,"section_number":"46.2-2109","catch_line":"Action on applications; hearings on denials and protests","url":"\/46.2-2109\/","token":"46.2\/V\/21\/1\/46.2-2109","metadata":false},{"id":80632,"structure_id":13445,"section_number":"46.2-2110","catch_line":"Repealed","url":"\/46.2-2110\/","token":"46.2\/V\/21\/1\/46.2-2110","metadata":false},{"id":87417,"structure_id":13445,"section_number":"46.2-2114.1","catch_line":"Expired","url":"\/46.2-2114.1\/","token":"46.2\/V\/21\/1\/46.2-2114.1","metadata":false},{"id":73412,"structure_id":13445,"section_number":"46.2-2115","catch_line":"Determination for issuance of permit or certificate","url":"\/46.2-2115\/","token":"46.2\/V\/21\/1\/46.2-2115","metadata":false},{"id":72828,"structure_id":13445,"section_number":"46.2-2116","catch_line":"Repealed","url":"\/46.2-2116\/","token":"46.2\/V\/21\/1\/46.2-2116","metadata":false},{"id":79672,"structure_id":13445,"section_number":"46.2-2117","catch_line":"Temporary emergency operation","url":"\/46.2-2117\/","token":"46.2\/V\/21\/1\/46.2-2117","metadata":false},{"id":75174,"structure_id":13445,"section_number":"46.2-2118","catch_line":"Issuance, expiration, and renewal of permit and certificate","url":"\/46.2-2118\/","token":"46.2\/V\/21\/1\/46.2-2118","metadata":false},{"id":69533,"structure_id":13445,"section_number":"46.2-2119","catch_line":"Repealed","url":"\/46.2-2119\/","token":"46.2\/V\/21\/1\/46.2-2119","metadata":false},{"id":71425,"structure_id":13445,"section_number":"46.2-2120","catch_line":"Filing and application fees","url":"\/46.2-2120\/","token":"46.2\/V\/21\/1\/46.2-2120","metadata":false},{"id":62672,"structure_id":13445,"section_number":"46.2-2121","catch_line":"Vehicle fees","url":"\/46.2-2121\/","token":"46.2\/V\/21\/1\/46.2-2121","metadata":false},{"id":56588,"structure_id":13445,"section_number":"46.2-2121.1","catch_line":"Declaration of for-hire operation; presumption of nonbusiness use","url":"\/46.2-2121.1\/","token":"46.2\/V\/21\/1\/46.2-2121.1","metadata":false},{"id":83423,"structure_id":13445,"section_number":"46.2-2122","catch_line":"Bond and letter of credit requirements of applicants for certificate","url":"\/46.2-2122\/","token":"46.2\/V\/21\/1\/46.2-2122","metadata":false},{"id":72841,"structure_id":13445,"section_number":"46.2-2123","catch_line":"Repealed","url":"\/46.2-2123\/","token":"46.2\/V\/21\/1\/46.2-2123","metadata":false},{"id":76034,"structure_id":13445,"section_number":"46.2-2124","catch_line":"Notice of discontinuance of service","url":"\/46.2-2124\/","token":"46.2\/V\/21\/1\/46.2-2124","metadata":false},{"id":78118,"structure_id":13445,"section_number":"46.2-2125","catch_line":"Reports, records, etc","url":"\/46.2-2125\/","token":"46.2\/V\/21\/1\/46.2-2125","metadata":false},{"id":86441,"structure_id":13445,"section_number":"46.2-2126","catch_line":"Certificate or permit holder not relieved of liability for negligence","url":"\/46.2-2126\/","token":"46.2\/V\/21\/1\/46.2-2126","metadata":false},{"id":58068,"structure_id":13445,"section_number":"46.2-2127","catch_line":"Freight bill violation","url":"\/46.2-2127\/","token":"46.2\/V\/21\/1\/46.2-2127","metadata":false},{"id":58427,"structure_id":13445,"section_number":"46.2-2128","catch_line":"Vehicle seizure; penalty","url":"\/46.2-2128\/","token":"46.2\/V\/21\/1\/46.2-2128","metadata":false},{"id":70819,"structure_id":13445,"section_number":"46.2-2129","catch_line":"Unlawful use of registration and identification markers","url":"\/46.2-2129\/","token":"46.2\/V\/21\/1\/46.2-2129","metadata":false},{"id":56166,"structure_id":13445,"section_number":"46.2-2130","catch_line":"Registration violations; penalties","url":"\/46.2-2130\/","token":"46.2\/V\/21\/1\/46.2-2130","metadata":false},{"id":75052,"structure_id":13445,"section_number":"46.2-2131","catch_line":"Violation; criminal penalties","url":"\/46.2-2131\/","token":"46.2\/V\/21\/1\/46.2-2131","metadata":false},{"id":62350,"structure_id":13445,"section_number":"46.2-2132","catch_line":"Violations; civil penalties","url":"\/46.2-2132\/","token":"46.2\/V\/21\/1\/46.2-2132","metadata":false},{"id":85153,"structure_id":13445,"section_number":"46.2-2133","catch_line":"Grounds for denying, suspending, or revoking certificates","url":"\/46.2-2133\/","token":"46.2\/V\/21\/1\/46.2-2133","metadata":false},{"id":82953,"structure_id":13445,"section_number":"46.2-2134","catch_line":"Grounds for denying, suspending, or revoking permits","url":"\/46.2-2134\/","token":"46.2\/V\/21\/1\/46.2-2134","metadata":false},{"id":71443,"structure_id":13445,"section_number":"46.2-2135","catch_line":"Altering or amending permits or certificates","url":"\/46.2-2135\/","token":"46.2\/V\/21\/1\/46.2-2135","metadata":false},{"id":69264,"structure_id":13445,"section_number":"46.2-2136","catch_line":"Suspension, revocation, and refusal to renew permit or certificate; notice and hearing","url":"\/46.2-2136\/","token":"46.2\/V\/21\/1\/46.2-2136","metadata":false},{"id":65776,"structure_id":13445,"section_number":"46.2-2137","catch_line":"Basis for reinstatement of suspended permits or certificates; reinstatement fees","url":"\/46.2-2137\/","token":"46.2\/V\/21\/1\/46.2-2137","metadata":false},{"id":81379,"structure_id":13445,"section_number":"46.2-2138","catch_line":"Basis for reissuance after revocation of permits or certificates; fees","url":"\/46.2-2138\/","token":"46.2\/V\/21\/1\/46.2-2138","metadata":false},{"id":54406,"structure_id":13445,"section_number":"46.2-2139","catch_line":"Surrender of license plate and registration card; removal by law enforcement; operation of vehicle denied","url":"\/46.2-2139\/","token":"46.2\/V\/21\/1\/46.2-2139","metadata":false},{"id":61219,"structure_id":13445,"section_number":"46.2-2140","catch_line":"Title to plates","url":"\/46.2-2140\/","token":"46.2\/V\/21\/1\/46.2-2140","metadata":false}],"previous_section":{"id":62672,"structure_id":13445,"section_number":"46.2-2121","catch_line":"Vehicle fees","url":"\/46.2-2121\/","token":"46.2\/V\/21\/1\/46.2-2121","metadata":false},"next_section":{"id":83423,"structure_id":13445,"section_number":"46.2-2122","catch_line":"Bond and letter of credit requirements of applicants for certificate","url":"\/46.2-2122\/","token":"46.2\/V\/21\/1\/46.2-2122","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-2121.1\/","history_text":"<p>This law was first created in 2017. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0790\">790<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0815\">815<\/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.<\/p>","references":[{"id":68493,"section_number":"46.2-2101","catch_line":"Exemptions from chapter","order_by":null,"url":"\/46.2-2101\/"},{"id":56166,"section_number":"46.2-2130","catch_line":"Registration violations; penalties","order_by":null,"url":"\/46.2-2130\/"},{"id":55667,"section_number":"46.2-613.1","catch_line":"Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations","order_by":null,"url":"\/46.2-613.1\/"}],"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":58763,"section_number":"58.1-3523","catch_line":"Definitions","order_by":null,"url":"\/58.1-3523\/"}],"permalink":{"id":232599,"object_type":"law","relational_id":56588,"identifier":"46.2-2121.1","token":"46.2\/V\/21\/1\/46.2-2121.1","url":"\/46.2-2121.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-2121.1\/","token":"46.2\/V\/21\/1\/46.2-2121.1","dublin_core":{"Title":"Declaration of for-hire operation; presumption of nonbusiness use","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-2121.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Before any <span class=\"dictionary\">motor vehicle<\/span> is used by a <span class=\"dictionary\">motor carrier<\/span> to transport property for compensation over the <span class=\"dictionary\"><span class=\"dictionary\">highways<\/span><\/span> of the Commonwealth, the <span class=\"dictionary\">owner<\/span> of the vehicle shall declare to the <span class=\"dictionary\">Department<\/span> that the operation of such vehicle is for hire.\n\t\tAny <span class=\"dictionary\">passenger car<\/span>, <span class=\"dictionary\">motorcycle<\/span>, <span class=\"dictionary\">autocycle<\/span>, or <span class=\"dictionary\">pickup or panel truck<\/span>, as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/46.2-100\/\">46.2-100<\/a>, subject to the declaration required by this section and determined pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/58.1-3523\/\">58.1-3523<\/a> to be (i) privately owned, (ii) leased pursuant to a <span class=\"dictionary\">contract<\/span> requiring the lessee to pay the tangible personal property tax on such vehicle, or (iii) held in a private trust for nonbusiness purposes and registered with the <span class=\"dictionary\">Department<\/span> as a personal vehicle shall be presumed to be used for nonbusiness purposes in determining whether such vehicle is a qualifying vehicle under \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/58.1-3523\/\">58.1-3523<\/a> absent clear and convincing <span class=\"dictionary\">evidence<\/span> to the contrary. Any declaration given pursuant to this section shall not create any <span class=\"dictionary\">presumption<\/span> of business or commercial use of the vehicle or of business activity on the part of the vehicle <span class=\"dictionary\">owner<\/span>, lessee, or <span class=\"dictionary\">operator<\/span> for purposes of any state or local requirement.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDECLARATION OF FOR-HIRE OPERATION; PRESUMPTION OF NONBUSINESS USE (\u00a7\n46.2-2121.1)\n\nBefore any motor vehicle is used by a motor carrier to transport property for\ncompensation over the highways of the Commonwealth, the owner of the vehicle\nshall declare to the Department that the operation of such vehicle is for hire.\n\t\tAny passenger car, motorcycle, autocycle, or pickup or panel truck, as defined\nin \u00a7 46.2-100, subject to the declaration required by this section and\ndetermined pursuant to \u00a7 58.1-3523 to be (i) privately owned, (ii) leased\npursuant to a contract requiring the lessee to pay the tangible personal\nproperty tax on such vehicle, or (iii) held in a private trust for nonbusiness\npurposes and registered with the Department as a personal vehicle shall be\npresumed to be used for nonbusiness purposes in determining whether such vehicle\nis a qualifying vehicle under \u00a7 58.1-3523 absent clear and convincing evidence\nto the contrary. Any declaration given pursuant to this section shall not create\nany presumption of business or commercial use of the vehicle or of business\nactivity on the part of the vehicle owner, lessee, or operator for purposes of\nany state or local requirement.\n\nHISTORY: 2017, cc. 790, 815.","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}}