{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-382.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-382.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-382.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-382.1.html"}],"law_id":68938,"edition_id":1,"section_id":68938,"structure_id":13851,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","history":"1989, c. 705, \u00a7 46.1-412.1.","full_text":"For the purpose of enforcing the Virginia Commercial Driver’s License Act (\u00a7 46.2-341.1 et seq.), in any case in which a person is charged with a violation of any law of the Commonwealth or of any ordinance of any county, city or town pertaining to the operator or operation of a motor vehicle, except parking violations, and the warrant or summons indicates that the motor vehicle so operated was a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act, or that it was a commercial motor vehicle carrying hazardous materials as defined by the Virginia Commercial Driver’s License Act, the court hearing such case shall make a finding, which shall be noted on the record, as to whether such vehicle was in fact a commercial motor vehicle and, if applicable, whether such vehicle was carrying hazardous materials.\n\t\tIf the offense charged is one in which operation of a commercial motor vehicle is an element of the offense, the conviction of the offense shall constitute the court’s finding that the vehicle was a commercial motor vehicle, but a separate finding shall be made as to whether such vehicle was carrying hazardous materials, if applicable. If the offense charged is one in which operation of a commercial motor vehicle is not an element of the offense, then the court, after convicting the person charged, shall make a separate finding as to whether the vehicle was a commercial motor vehicle and, if applicable, whether it was carrying hazardous materials. The separate findings required by this section shall be noted on the conviction record, and the following procedures shall apply to such separate findings:\n\n1\n\nIf the person charged prepays fines and costs pursuant to § 19.2-254.1, he shall be deemed to have admitted that such motor vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials at the time of the violation, as indicated on the warrant or summons, and such admission or admissions shall be noted on the conviction record as the court’s finding.2\n\nIn all other cases, the Commonwealth shall have the burden of proving by a preponderance of the evidence that the vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials.","order_by":null,"text":{"0":{"id":249580,"text":"For the purpose of enforcing the Virginia Commercial Driver’s License Act (\u00a7 46.2-341.1 et seq.), in any case in which a person is charged with a violation of any law of the Commonwealth or of any ordinance of any county, city or town pertaining to the operator or operation of a motor vehicle, except parking violations, and the warrant or summons indicates that the motor vehicle so operated was a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act, or that it was a commercial motor vehicle carrying hazardous materials as defined by the Virginia Commercial Driver’s License Act, the court hearing such case shall make a finding, which shall be noted on the record, as to whether such vehicle was in fact a commercial motor vehicle and, if applicable, whether such vehicle was carrying hazardous materials.\n\t\tIf the offense charged is one in which operation of a commercial motor vehicle is an element of the offense, the conviction of the offense shall constitute the court’s finding that the vehicle was a commercial motor vehicle, but a separate finding shall be made as to whether such vehicle was carrying hazardous materials, if applicable. If the offense charged is one in which operation of a commercial motor vehicle is not an element of the offense, then the court, after convicting the person charged, shall make a separate finding as to whether the vehicle was a commercial motor vehicle and, if applicable, whether it was carrying hazardous materials. The separate findings required by this section shall be noted on the conviction record, and the following procedures shall apply to such separate findings:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":249581,"text":"If the person charged prepays fines and costs pursuant to § 19.2-254.1, he shall be deemed to have admitted that such motor vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials at the time of the violation, as indicated on the warrant or summons, and such admission or admissions shall be noted on the conviction record as the court’s finding.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":249582,"text":"In all other cases, the Commonwealth shall have the burden of proving by a preponderance of the evidence that the vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13851,"edition_id":1,"name":"Accident Reports","identifier":"11","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":225679,"object_type":"structure","relational_id":13851,"identifier":"11","token":"46.2\/II\/3\/11","url":"\/46.2\/II\/3\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","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":85198,"structure_id":13851,"section_number":"46.2-371","catch_line":"Driver to give immediate notice of certain accidents","url":"\/46.2-371\/","token":"46.2\/II\/3\/11\/46.2-371","metadata":false},{"id":66632,"structure_id":13851,"section_number":"46.2-372","catch_line":"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses","url":"\/46.2-372\/","token":"46.2\/II\/3\/11\/46.2-372","metadata":false},{"id":60928,"structure_id":13851,"section_number":"46.2-373","catch_line":"Report by law-enforcement official investigating accident","url":"\/46.2-373\/","token":"46.2\/II\/3\/11\/46.2-373","metadata":false},{"id":66903,"structure_id":13851,"section_number":"46.2-373.1","catch_line":"Report of law-enforcement officer involved in accident","url":"\/46.2-373.1\/","token":"46.2\/II\/3\/11\/46.2-373.1","metadata":false},{"id":75021,"structure_id":13851,"section_number":"46.2-374","catch_line":"Department to prepare and supply forms for reports","url":"\/46.2-374\/","token":"46.2\/II\/3\/11\/46.2-374","metadata":false},{"id":79660,"structure_id":13851,"section_number":"46.2-375","catch_line":"Reports by medical examiners of deaths resulting from accidents","url":"\/46.2-375\/","token":"46.2\/II\/3\/11\/46.2-375","metadata":false},{"id":86185,"structure_id":13851,"section_number":"46.2-376","catch_line":"Report required of person in charge of garage or repair shop","url":"\/46.2-376\/","token":"46.2\/II\/3\/11\/46.2-376","metadata":false},{"id":86462,"structure_id":13851,"section_number":"46.2-377","catch_line":"Reports made by garages to be without prejudice and confidential; exceptions","url":"\/46.2-377\/","token":"46.2\/II\/3\/11\/46.2-377","metadata":false},{"id":57848,"structure_id":13851,"section_number":"46.2-378","catch_line":"Extent to which reports may be used as evidence","url":"\/46.2-378\/","token":"46.2\/II\/3\/11\/46.2-378","metadata":false},{"id":62688,"structure_id":13851,"section_number":"46.2-379","catch_line":"Use of crash reports made by investigating officers","url":"\/46.2-379\/","token":"46.2\/II\/3\/11\/46.2-379","metadata":false},{"id":60523,"structure_id":13851,"section_number":"46.2-380","catch_line":"Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period","url":"\/46.2-380\/","token":"46.2\/II\/3\/11\/46.2-380","metadata":false},{"id":84456,"structure_id":13851,"section_number":"46.2-381","catch_line":"Accident reports required by county or municipal ordinance; copies","url":"\/46.2-381\/","token":"46.2\/II\/3\/11\/46.2-381","metadata":false},{"id":55524,"structure_id":13851,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","url":"\/46.2-382\/","token":"46.2\/II\/3\/11\/46.2-382","metadata":false},{"id":68938,"structure_id":13851,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","url":"\/46.2-382.1\/","token":"46.2\/II\/3\/11\/46.2-382.1","metadata":false},{"id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","metadata":false},{"id":65847,"structure_id":13851,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records","url":"\/46.2-384\/","token":"46.2\/II\/3\/11\/46.2-384","metadata":false},{"id":57729,"structure_id":13851,"section_number":"46.2-385","catch_line":"Prosecuting attorneys to appear in certain cases","url":"\/46.2-385\/","token":"46.2\/II\/3\/11\/46.2-385","metadata":false},{"id":59992,"structure_id":13851,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","url":"\/46.2-386\/","token":"46.2\/II\/3\/11\/46.2-386","metadata":false},{"id":68441,"structure_id":13851,"section_number":"46.2-387","catch_line":"Penalty for failure to forward record of conviction or of judgment for damages","url":"\/46.2-387\/","token":"46.2\/II\/3\/11\/46.2-387","metadata":false},{"id":54873,"structure_id":13851,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","url":"\/46.2-388\/","token":"46.2\/II\/3\/11\/46.2-388","metadata":false}],"previous_section":{"id":55524,"structure_id":13851,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","url":"\/46.2-382\/","token":"46.2\/II\/3\/11\/46.2-382","metadata":false},"next_section":{"id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-382.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 705 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 1989 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"}],"refers_to":[{"id":75133,"section_number":"19.2-254.1","catch_line":"Procedure in traffic infraction cases","order_by":null,"url":"\/19.2-254.1\/"},{"id":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"}],"permalink":{"id":225733,"object_type":"law","relational_id":68938,"identifier":"46.2-382.1","token":"46.2\/II\/3\/11\/46.2-382.1","url":"\/46.2-382.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-382.1\/","token":"46.2\/II\/3\/11\/46.2-382.1","dublin_core":{"Title":"Courts to make findings relating to commercial motor vehicles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-382.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the purpose of enforcing the Virginia Commercial Driver<\/span>’s License Act (\u00a7 46.2-341.1<\/a> et seq.), in any case in which a person is charged with a violation of any law<\/span> of the Commonwealth or of any ordinance<\/span> of any county, city or town pertaining to the operator<\/span> or operation of a motor vehicle<\/span>, except parking violations, and the warrant or summons<\/span> indicates that the motor vehicle<\/span> so operated was a commercial motor vehicle<\/span> as defined in the Virginia Commercial Driver<\/span>’s License Act, or that it was a commercial motor vehicle<\/span> carrying hazardous materials<\/span> as defined by the Virginia Commercial Driver<\/span>’s License Act, the court<\/span> hearing<\/span> such case shall make a finding<\/span>, which shall be noted on the record, as to whether such vehicle was in fact<\/span> a commercial motor vehicle<\/span> and, if applicable, whether such vehicle was carrying hazardous materials<\/span>.\n\t\tIf the offense<\/span> charged is one in which operation of a commercial motor vehicle<\/span> is an element of the offense<\/span>, the conviction<\/span> of the offense<\/span> shall constitute the court<\/span>’s finding<\/span> that the vehicle was a commercial motor vehicle<\/span>, but a separate finding<\/span> shall be made as to whether such vehicle was carrying hazardous materials<\/span>, if applicable. If the offense<\/span> charged is one in which operation of a commercial motor vehicle<\/span> is not an element of the offense<\/span>, then the court<\/span>, after convicting the person charged, shall make a separate finding<\/span> as to whether the vehicle was a commercial motor vehicle<\/span> and, if applicable, whether it was carrying hazardous materials<\/span>. The separate findings<\/span> required by this section shall be noted on the conviction<\/span> record, and the following procedures shall apply to such separate findings<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the person charged prepays fines and costs pursuant to § 19.2-254.1<\/a>, he shall be deemed to have admitted that such motor vehicle<\/span> was a commercial motor vehicle<\/span> and, if applicable, that it carried hazardous materials<\/span> at the time of the violation, as indicated on the warrant or summons<\/span>, and such admission or admissions shall be noted on the conviction<\/span> record as the court<\/span>’s finding<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In all other cases, the Commonwealth shall have the burden of proving by a preponderance of the evidence<\/span> that the vehicle was a commercial motor vehicle<\/span> and, if applicable, that it carried hazardous materials<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURTS TO MAKE FINDINGS RELATING TO COMMERCIAL MOTOR VEHICLES (\u00a7 46.2-382.1)\n\nFor the purpose of enforcing the Virginia Commercial Driver’s License Act\n(\u00a7 46.2-341.1 et seq.), in any case in which a person is charged with a\nviolation of any law of the Commonwealth or of any ordinance of any county, city\nor town pertaining to the operator or operation of a motor vehicle, except\nparking violations, and the warrant or summons indicates that the motor vehicle\nso operated was a commercial motor vehicle as defined in the Virginia Commercial\nDriver’s License Act, or that it was a commercial motor vehicle carrying\nhazardous materials as defined by the Virginia Commercial Driver’s License\nAct, the court hearing such case shall make a finding, which shall be noted on\nthe record, as to whether such vehicle was in fact a commercial motor vehicle\nand, if applicable, whether such vehicle was carrying hazardous materials.\n\t\tIf the offense charged is one in which operation of a commercial motor vehicle\nis an element of the offense, the conviction of the offense shall constitute the\ncourt’s finding that the vehicle was a commercial motor vehicle, but a\nseparate finding shall be made as to whether such vehicle was carrying hazardous\nmaterials, if applicable. If the offense charged is one in which operation of a\ncommercial motor vehicle is not an element of the offense, then the court, after\nconvicting the person charged, shall make a separate finding as to whether the\nvehicle was a commercial motor vehicle and, if applicable, whether it was\ncarrying hazardous materials. The separate findings required by this section\nshall be noted on the conviction record, and the following procedures shall\napply to such separate findings:\n\n1. If the person charged prepays fines and costs pursuant to § 19.2-254.1,\nhe shall be deemed to have admitted that such motor vehicle was a commercial\nmotor vehicle and, if applicable, that it carried hazardous materials at the\ntime of the violation, as indicated on the warrant or summons, and such\nadmission or admissions shall be noted on the conviction record as the\ncourt’s finding.\n\n2. In all other cases, the Commonwealth shall have the burden of proving by a\npreponderance of the evidence that the vehicle was a commercial motor vehicle\nand, if applicable, that it carried hazardous materials.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-412.1.","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}}