{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-613.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-613.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-613.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-613.3.html"}],"law_id":77914,"edition_id":1,"section_id":77914,"structure_id":12880,"section_number":"46.2-613.3","catch_line":"Special processing provisions for civil penalties levied for violation of license, registration, and tax requirements and vehicle size limitations","history":"2011, cc. 62, 73.","full_text":"Notwithstanding any other provision of law, all civil penalties levied pursuant to \u00a7 46.2-613.1 shall be processed in the following manner:\n\n1\n\nThe size and weight compliance agent charging the violation shall serve a citation on the operator of the vehicle. The citation shall be directed to the owner, operator, or other person responsible for the violation as determined by the size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the violation as provided in § 46.2-613.5.2\n\nThe size and weight compliance agent charging the violation shall cause the citation to be delivered or sent by first-class mail to the Department within 24 hours after it is served.3\n\nThe owner, operator, or other person charged with the violation shall, within 21 days after the citation is served upon the vehicle operator, either make full payment to the Department of the civil penalty and processing fee as stated on the citation or deliver to the Department a written notice of his election to contest the charges in court.4\n\nFailure of the owner, operator, or other person charged with the violation to timely deliver to the Department either payment in full of the uncontested civil penalty and processing fee or a notice of contest of the violation shall cause the Department to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the violation. Any such administrative order shall have the same effect as a judgment entered by a general district court.5\n\nUpon timely receipt of a notice of contest of a violation under § 46.2-613.1, the Department shall:\n\t\t\ta. Forward the citation to the general district court named in the citation; and\n\t\t\tb. Send by first-class mail to the person charged with the violation and to the size and weight compliance agent who issued the citation confirmation that the citation has been forwarded to the court for trial.6\n\nNotices and pleadings may be served by first-class mail to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered.7\n\nAn alleged violation that is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record that may be otherwise required by § 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.8\n\nNotwithstanding any other provisions of this section, any and all citations and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation as set out in subdivision 1, may be served or provided in an electronic manner if the Department and the person charged with the violation have agreed to utilize electronic notification.","order_by":null,"text":{"0":{"id":279385,"text":"Notwithstanding any other provision of law, all civil penalties levied pursuant to \u00a7 46.2-613.1 shall be processed in the following manner:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":279386,"text":"The size and weight compliance agent charging the violation shall serve a citation on the operator of the vehicle. The citation shall be directed to the owner, operator, or other person responsible for the violation as determined by the size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the violation as provided in § 46.2-613.5.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":279387,"text":"The size and weight compliance agent charging the violation shall cause the citation to be delivered or sent by first-class mail to the Department within 24 hours after it is served.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":279388,"text":"The owner, operator, or other person charged with the violation shall, within 21 days after the citation is served upon the vehicle operator, either make full payment to the Department of the civil penalty and processing fee as stated on the citation or deliver to the Department a written notice of his election to contest the charges in court.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":279389,"text":"Failure of the owner, operator, or other person charged with the violation to timely deliver to the Department either payment in full of the uncontested civil penalty and processing fee or a notice of contest of the violation shall cause the Department to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the violation. Any such administrative order shall have the same effect as a judgment entered by a general district court.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":279390,"text":"Upon timely receipt of a notice of contest of a violation under § 46.2-613.1, the Department shall:\n\t\t\ta. Forward the citation to the general district court named in the citation; and\n\t\t\tb. Send by first-class mail to the person charged with the violation and to the size and weight compliance agent who issued the citation confirmation that the citation has been forwarded to the court for trial.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":279391,"text":"Notices and pleadings may be served by first-class mail to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":279392,"text":"An alleged violation that is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record that may be otherwise required by § 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":279393,"text":"Notwithstanding any other provisions of this section, any and all citations and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation as set out in subdivision 1, may be served or provided in an electronic manner if the Department and the person charged with the violation have agreed to utilize electronic notification.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":12880,"edition_id":1,"name":"Titling and Registration, Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12879,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":226925,"object_type":"structure","relational_id":12880,"identifier":"1","token":"46.2\/II\/6\/1","url":"\/46.2\/II\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12879,"edition_id":1,"name":"Titling and Registration of Motor Vehicles","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":226923,"object_type":"structure","relational_id":12879,"identifier":"6","token":"46.2\/II\/6","url":"\/46.2\/II\/6\/","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":87484,"structure_id":12880,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","url":"\/46.2-600\/","token":"46.2\/II\/6\/1\/46.2-600","metadata":false},{"id":64770,"structure_id":12880,"section_number":"46.2-600.1","catch_line":"Indication of special communication needs","url":"\/46.2-600.1\/","token":"46.2\/II\/6\/1\/46.2-600.1","metadata":false},{"id":75107,"structure_id":12880,"section_number":"46.2-601","catch_line":"Appointment of Commissioner agent for service of process","url":"\/46.2-601\/","token":"46.2\/II\/6\/1\/46.2-601","metadata":false},{"id":69821,"structure_id":12880,"section_number":"46.2-602","catch_line":"Titling and registration of foreign market vehicles","url":"\/46.2-602\/","token":"46.2\/II\/6\/1\/46.2-602","metadata":false},{"id":64808,"structure_id":12880,"section_number":"46.2-602.1","catch_line":"Titling and registration of replica vehicles","url":"\/46.2-602.1\/","token":"46.2\/II\/6\/1\/46.2-602.1","metadata":false},{"id":75086,"structure_id":12880,"section_number":"46.2-602.2","catch_line":"Titling and registration of company vehicles of automotive manufacturers","url":"\/46.2-602.2\/","token":"46.2\/II\/6\/1\/46.2-602.2","metadata":false},{"id":66957,"structure_id":12880,"section_number":"46.2-602.3","catch_line":"Titling and registration of converted electric vehicles","url":"\/46.2-602.3\/","token":"46.2\/II\/6\/1\/46.2-602.3","metadata":false},{"id":58198,"structure_id":12880,"section_number":"46.2-602.4","catch_line":"Titling and registration of off-road motorcycle converted to on-road use","url":"\/46.2-602.4\/","token":"46.2\/II\/6\/1\/46.2-602.4","metadata":false},{"id":84134,"structure_id":12880,"section_number":"46.2-603","catch_line":"Issuance of certificate of title and registration card","url":"\/46.2-603\/","token":"46.2\/II\/6\/1\/46.2-603","metadata":false},{"id":78960,"structure_id":12880,"section_number":"46.2-603.1","catch_line":"Electronic titling and registration program","url":"\/46.2-603.1\/","token":"46.2\/II\/6\/1\/46.2-603.1","metadata":false},{"id":63997,"structure_id":12880,"section_number":"46.2-604","catch_line":"Contents of registration card and certificate; vehicle color data; notation of certain disabled owners","url":"\/46.2-604\/","token":"46.2\/II\/6\/1\/46.2-604","metadata":false},{"id":69241,"structure_id":12880,"section_number":"46.2-605","catch_line":"Altering or forging certificate of title, salvage\/nonrepairable certificate, or registration card; penalty","url":"\/46.2-605\/","token":"46.2\/II\/6\/1\/46.2-605","metadata":false},{"id":60976,"structure_id":12880,"section_number":"46.2-606","catch_line":"Notice of change of address or incorrect address","url":"\/46.2-606\/","token":"46.2\/II\/6\/1\/46.2-606","metadata":false},{"id":55505,"structure_id":12880,"section_number":"46.2-607","catch_line":"Duplicates for lost or mutilated indicia of titling and registration","url":"\/46.2-607\/","token":"46.2\/II\/6\/1\/46.2-607","metadata":false},{"id":72871,"structure_id":12880,"section_number":"46.2-608","catch_line":"When application for registration or certificate of title rejected","url":"\/46.2-608\/","token":"46.2\/II\/6\/1\/46.2-608","metadata":false},{"id":75843,"structure_id":12880,"section_number":"46.2-609","catch_line":"When registration may be suspended or revoked","url":"\/46.2-609\/","token":"46.2\/II\/6\/1\/46.2-609","metadata":false},{"id":78476,"structure_id":12880,"section_number":"46.2-610","catch_line":"Suspension of registration on theft or embezzlement of vehicle; notices","url":"\/46.2-610\/","token":"46.2\/II\/6\/1\/46.2-610","metadata":false},{"id":86199,"structure_id":12880,"section_number":"46.2-611","catch_line":"Appeal","url":"\/46.2-611\/","token":"46.2\/II\/6\/1\/46.2-611","metadata":false},{"id":54007,"structure_id":12880,"section_number":"46.2-612","catch_line":"Failure to surrender revoked certificate of title, registration card, license plates or decals; other offenses relating to registration, licensing, and certificates of title; penalties","url":"\/46.2-612\/","token":"46.2\/II\/6\/1\/46.2-612","metadata":false},{"id":63815,"structure_id":12880,"section_number":"46.2-613","catch_line":"Infractions relating to registration, licensing, and certificates of title; penalties","url":"\/46.2-613\/","token":"46.2\/II\/6\/1\/46.2-613","metadata":false},{"id":55667,"structure_id":12880,"section_number":"46.2-613.1","catch_line":"Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations","url":"\/46.2-613.1\/","token":"46.2\/II\/6\/1\/46.2-613.1","metadata":false},{"id":77208,"structure_id":12880,"section_number":"46.2-613.2","catch_line":"Service of process in civil penalty cases for violation of license, registration, and tax requirements and vehicle size limitations","url":"\/46.2-613.2\/","token":"46.2\/II\/6\/1\/46.2-613.2","metadata":false},{"id":77914,"structure_id":12880,"section_number":"46.2-613.3","catch_line":"Special processing provisions for civil penalties levied for violation of license, registration, and tax requirements and vehicle size limitations","url":"\/46.2-613.3\/","token":"46.2\/II\/6\/1\/46.2-613.3","metadata":false},{"id":77194,"structure_id":12880,"section_number":"46.2-613.4","catch_line":"Special seizure provisions for unpaid fees and penalties","url":"\/46.2-613.4\/","token":"46.2\/II\/6\/1\/46.2-613.4","metadata":false},{"id":67437,"structure_id":12880,"section_number":"46.2-613.5","catch_line":"Procedures for issuing and serving process in civil penalty cases","url":"\/46.2-613.5\/","token":"46.2\/II\/6\/1\/46.2-613.5","metadata":false},{"id":61717,"structure_id":12880,"section_number":"46.2-614","catch_line":"Right to recover damages not affected","url":"\/46.2-614\/","token":"46.2\/II\/6\/1\/46.2-614","metadata":false},{"id":57242,"structure_id":12880,"section_number":"46.2-615","catch_line":"Registration effective after death of owner","url":"\/46.2-615\/","token":"46.2\/II\/6\/1\/46.2-615","metadata":false}],"previous_section":{"id":77208,"structure_id":12880,"section_number":"46.2-613.2","catch_line":"Service of process in civil penalty cases for violation of license, registration, and tax requirements and vehicle size limitations","url":"\/46.2-613.2\/","token":"46.2\/II\/6\/1\/46.2-613.2","metadata":false},"next_section":{"id":77194,"structure_id":12880,"section_number":"46.2-613.4","catch_line":"Special seizure provisions for unpaid fees and penalties","url":"\/46.2-613.4\/","token":"46.2\/II\/6\/1\/46.2-613.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-613.3\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapters 62<\/a> and 73<\/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":73189,"section_number":"46.2-703","catch_line":"Reciprocal agreement with other states; assessment and collection of fees on an apportionment or allocation basis; registration of vehicles and reporting of road tax; violations; vehicle seizures; penalties","order_by":null,"url":"\/46.2-703\/"}],"refers_to":[{"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\/"},{"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\/"}],"permalink":{"id":227015,"object_type":"law","relational_id":77914,"identifier":"46.2-613.3","token":"46.2\/II\/6\/1\/46.2-613.3","url":"\/46.2-613.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-613.3\/","token":"46.2\/II\/6\/1\/46.2-613.3","dublin_core":{"Title":"Special processing provisions for civil penalties levied for violation of license, registration, and tax requirements and vehicle size limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-613.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any other provision of law<\/span>, all civil penalties levied pursuant to \u00a7 46.2-613.1<\/a> shall be processed in the following manner:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The size and weight compliance agent<\/span> charging the violation shall serve a citation<\/span> on the operator<\/span> of the vehicle<\/span>. The citation<\/span> shall be directed to the owner<\/span>, operator<\/span>, or other person responsible for the violation as determined by the size and weight compliance agent<\/span>. Service of the citation<\/span> on the vehicle<\/span> operator<\/span> shall constitute service of process<\/span> upon the owner<\/span>, operator<\/span>, or other person charged with the violation as provided in § 46.2-613.5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The size and weight compliance agent<\/span> charging the violation shall cause the citation<\/span> to be delivered or sent by first-class mail to the Department<\/span> within 24 hours after it is served. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The owner<\/span>, operator<\/span>, or other person charged with the violation shall, within 21 days after the citation<\/span> is served upon the vehicle<\/span> operator<\/span>, either make full payment to the Department<\/span> of the civil penalty<\/span> and processing fee as stated on the citation<\/span> or deliver to the Department<\/span> a written notice of his election to contest the charges in court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Failure of the owner<\/span>, operator<\/span>, or other person charged with the violation to timely deliver to the Department<\/span> either payment in full of the uncontested civil penalty<\/span> and processing fee or a notice of contest of the violation shall cause the Department<\/span> to issue<\/span> an administrative order<\/span> of assessment against such person. A copy of the order<\/span> shall be sent by first-class mail to the person charged with the violation. Any such administrative order<\/span> shall have the same effect as a judgment<\/span> entered by a general district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Upon timely receipt of a notice of contest of a violation under § 46.2-613.1<\/a>, the Department<\/span> shall:\n\t\t\ta. Forward the citation<\/span> to the general district court<\/span> named in the citation<\/span>; and\n\t\t\tb. Send by first-class mail to the person charged with the violation and to the size and weight compliance agent<\/span> who issued the citation<\/span> confirmation that the citation<\/span> has been forwarded to the court<\/span> for trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Notices and pleadings<\/span> may be served by first-class mail to the address shown on the citation<\/span> as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle<\/span> is registered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> An alleged violation that is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition<\/span> of the case shall be recorded in an appropriate order<\/span>, a copy of which shall be sent to the Department<\/span> in lieu of any record that may be otherwise required by § 46.2-383<\/a>. If judgment<\/span> is for the Commonwealth, payment shall be made to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Notwithstanding any other provisions of this section, any and all citations<\/span> and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation<\/span> as set out in subdivision 1, may be served or provided in an electronic manner if the Department<\/span> and the person charged with the violation have agreed to utilize electronic notification. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL PROCESSING PROVISIONS FOR CIVIL PENALTIES LEVIED FOR VIOLATION OF\nLICENSE, REGISTRATION, AND TAX REQUIREMENTS AND VEHICLE SIZE LIMITATIONS (\u00a7\n46.2-613.3)\n\nNotwithstanding any other provision of law, all civil penalties levied pursuant\nto \u00a7 46.2-613.1 shall be processed in the following manner:\n\n1. The size and weight compliance agent charging the violation shall serve a\ncitation on the operator of the vehicle. The citation shall be directed to the\nowner, operator, or other person responsible for the violation as determined by\nthe size and weight compliance agent. Service of the citation on the vehicle\noperator shall constitute service of process upon the owner, operator, or other\nperson charged with the violation as provided in § 46.2-613.5.\n\n2. The size and weight compliance agent charging the violation shall cause the\ncitation to be delivered or sent by first-class mail to the Department within 24\nhours after it is served.\n\n3. The owner, operator, or other person charged with the violation shall, within\n21 days after the citation is served upon the vehicle operator, either make full\npayment to the Department of the civil penalty and processing fee as stated on\nthe citation or deliver to the Department a written notice of his election to\ncontest the charges in court.\n\n4. Failure of the owner, operator, or other person charged with the violation to\ntimely deliver to the Department either payment in full of the uncontested civil\npenalty and processing fee or a notice of contest of the violation shall cause\nthe Department to issue an administrative order of assessment against such\nperson. A copy of the order shall be sent by first-class mail to the person\ncharged with the violation. Any such administrative order shall have the same\neffect as a judgment entered by a general district court.\n\n5. Upon timely receipt of a notice of contest of a violation under §\n46.2-613.1, the Department shall:\n\t\t\ta. Forward the citation to the general district court named in the citation;\nand\n\t\t\tb. Send by first-class mail to the person charged with the violation and to\nthe size and weight compliance agent who issued the citation confirmation that\nthe citation has been forwarded to the court for trial.\n\n6. Notices and pleadings may be served by first-class mail to the address shown\non the citation as the address of the person charged with the weight violation\nor, if none is shown, to the address of record for the person to whom the\nvehicle is registered.\n\n7. An alleged violation that is contested shall be tried as a civil case. The\nattorney for the Commonwealth shall represent the interests of the Commonwealth.\nThe disposition of the case shall be recorded in an appropriate order, a copy of\nwhich shall be sent to the Department in lieu of any record that may be\notherwise required by § 46.2-383. If judgment is for the Commonwealth,\npayment shall be made to the Department.\n\n8. Notwithstanding any other provisions of this section, any and all citations\nand notices required by this section to be provided to the person charged with a\nviolation or received from the person charged with a violation, with the\nexclusion of the citation as set out in subdivision 1, may be served or provided\nin an electronic manner if the Department and the person charged with the\nviolation have agreed to utilize electronic notification.\n\nHISTORY: 2011, cc. 62, 73.","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}}