{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-613.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-613.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-613.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-613.4.html"}],"law_id":77194,"edition_id":1,"section_id":77194,"structure_id":12880,"section_number":"46.2-613.4","catch_line":"Special seizure provisions for unpaid fees and penalties","history":"2011, cc. 62, 73; 2012, cc. 22, 111.","full_text":"Any size and weight compliance agent authorized to serve process under the provisions of this chapter may hold a vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the previously assessed fees and penalties due the Commonwealth or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer, who shall transmit the citation along with the fees and penalties to the Department for distribution in accordance with subsection B of \u00a7 46.2-613.1.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The size and weight compliance agent authorized to hold the vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.\n\t\tIn the event the fees and penalties are not paid in full, or no bond is given by, or for the person responsible for paying the fees and penalties, the vehicle shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for unpaid fees and penalties the court shall forward to the Department both a copy of the order disposing of the case and the citation prepared by the size and weight compliance agent but not served.\n\t\tUpon notification of the judgment or administrative order entered for such unpaid fees and penalties and notification of the failure of such person to satisfy the judgment or order, the Department, the Department of State Police, or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles on any highway of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which the civil penalties levied pursuant to \u00a7 46.2-613.1 are paid.\n\t\tOfficers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.","order_by":null,"text":{"0":{"id":276922,"text":"Any size and weight compliance agent authorized to serve process under the provisions of this chapter may hold a vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the previously assessed fees and penalties due the Commonwealth or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer, who shall transmit the citation along with the fees and penalties to the Department for distribution in accordance with subsection B of \u00a7 46.2-613.1.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The size and weight compliance agent authorized to hold the vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.\n\t\tIn the event the fees and penalties are not paid in full, or no bond is given by, or for the person responsible for paying the fees and penalties, the vehicle shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for unpaid fees and penalties the court shall forward to the Department both a copy of the order disposing of the case and the citation prepared by the size and weight compliance agent but not served.\n\t\tUpon notification of the judgment or administrative order entered for such unpaid fees and penalties and notification of the failure of such person to satisfy the judgment or order, the Department, the Department of State Police, or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles on any highway of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which the civil penalties levied pursuant to \u00a7 46.2-613.1 are paid.\n\t\tOfficers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-613.4\/","history_text":"<p>This law was first created in 2011. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0062\">62<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0073\">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. 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 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0022\">22<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0111\">111<\/a>.<\/p>","references":[{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"}],"refers_to":[{"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\/"},{"id":64400,"section_number":"8.01-553","catch_line":"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551","order_by":null,"url":"\/8.01-553\/"},{"id":76308,"section_number":"8.01-554","catch_line":"Where bond returned and filed; exceptions to bond","order_by":null,"url":"\/8.01-554\/"}],"permalink":{"id":227019,"object_type":"law","relational_id":77194,"identifier":"46.2-613.4","token":"46.2\/II\/6\/1\/46.2-613.4","url":"\/46.2-613.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-613.4\/","token":"46.2\/II\/6\/1\/46.2-613.4","dublin_core":{"Title":"Special seizure provisions for unpaid fees and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-613.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any size and weight compliance <span class=\"dictionary\">agent<\/span> authorized to serve process under the provisions of this chapter may hold a vehicle without an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> or <span class=\"dictionary\">court order<\/span>, but only for such time as is reasonably necessary to promptly <span class=\"dictionary\">petition<\/span> for an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> to attach the vehicle.\n\t\tAfter <span class=\"dictionary\">finding<\/span> reasonable cause for the issuance of an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span>, the judicial officer conducting the <span class=\"dictionary\">hearing<\/span> shall inform the <span class=\"dictionary\">operator<\/span> of the vehicle of his option to either pay the previously assessed fees and penalties due the Commonwealth or contest the charge through the <span class=\"dictionary\">attachment<\/span> proceeding. If the <span class=\"dictionary\">operator<\/span> chooses to make payment, he shall do so to the judicial officer, who shall transmit the <span class=\"dictionary\">citation<\/span> along with the fees and penalties to the <span class=\"dictionary\">Department<\/span> for distribution in accordance with subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations\" href=\"\/46.2-613.1\/\">46.2-613.1<\/a>.\n\t\tThe Commonwealth shall not be required to post <span class=\"dictionary\">bond<\/span> in order to attach a vehicle pursuant to this section. The size and weight compliance <span class=\"dictionary\">agent<\/span> authorized to hold the vehicle pending a <span class=\"dictionary\">hearing<\/span> on the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">petition<\/span> shall also be empowered to execute the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> if issued. Any <span class=\"dictionary\">bond<\/span> for the retention of the vehicle or for release of the <span class=\"dictionary\">attachment<\/span> shall be given in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551\" href=\"\/8.01-553\/\">8.01-553<\/a> except that the <span class=\"dictionary\">bond<\/span> shall be taken by a judicial officer. The judicial officer shall return the <span class=\"dictionary\">bond<\/span> to the clerk of the appropriate court in place of the officer serving the <span class=\"dictionary\">attachment<\/span> as otherwise provided in \u00a7&nbsp;<a class=\"law\" title=\"Where bond returned and filed; exceptions to bond\" href=\"\/8.01-554\/\">8.01-554<\/a>.\n\t\tIn the event the fees and penalties are not paid in full, or no <span class=\"dictionary\">bond<\/span> is given by, or for the person responsible for paying the fees and penalties, the vehicle shall be stored in a secure place, as may be designated by the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of the vehicle. If no place is designated, the officer or size and weight compliance <span class=\"dictionary\">agent<\/span> executing the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> shall designate the place of storage. The <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of the vehicle.\n\t\tWhenever an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> is issued for unpaid fees and penalties the court shall forward to the <span class=\"dictionary\">Department<\/span> both a copy of the order disposing of the case and the <span class=\"dictionary\">citation<\/span> prepared by the size and weight compliance <span class=\"dictionary\">agent<\/span> but not served.\n\t\tUpon notification of the <span class=\"dictionary\">judgment<\/span> or administrative order entered for such unpaid fees and penalties and notification of the failure of such person to satisfy the <span class=\"dictionary\">judgment<\/span> or order, the <span class=\"dictionary\">Department<\/span>, the <span class=\"dictionary\">Department<\/span> of State Police, or any <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or size and weight compliance <span class=\"dictionary\">agent<\/span> shall thereafter deny the offending person the right to operate a <span class=\"dictionary\">motor vehicle<\/span> or <span class=\"dictionary\">vehicles<\/span> on any <span class=\"dictionary\">highway<\/span> of the Commonwealth until the <span class=\"dictionary\">judgment<\/span> or order has been satisfied and a reinstatement fee of $50 has been paid to the <span class=\"dictionary\">Department<\/span>. Reinstatement fees collected under the provisions of this section shall be paid by the <span class=\"dictionary\">Commissioner<\/span> into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the <span class=\"dictionary\">Department<\/span>.\n\t\tWhen informed that the right to operate the <span class=\"dictionary\">motor vehicle<\/span> has been denied, the <span class=\"dictionary\">driver<\/span> shall drive the <span class=\"dictionary\">motor vehicle<\/span> to a nearby location off the public <span class=\"dictionary\"><span class=\"dictionary\">highways<\/span><\/span> and not move it or permit it to be moved until such <span class=\"dictionary\">judgment<\/span> or order has been satisfied. Failure by the <span class=\"dictionary\">driver<\/span> to comply with this provision shall constitute a Class 4 <span class=\"dictionary\">misdemeanor<\/span>.\n\t\tAll costs incurred by the Commonwealth and all <span class=\"dictionary\">judgments<\/span>, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which the civil penalties levied pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations\" href=\"\/46.2-613.1\/\">46.2-613.1<\/a> are paid.\n\t\tOfficers of the <span class=\"dictionary\">Department<\/span> of State Police and all other <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officers<\/span> are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal <span class=\"dictionary\">laws<\/span> of the Commonwealth.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSPECIAL SEIZURE PROVISIONS FOR UNPAID FEES AND PENALTIES (\u00a7 46.2-613.4)\n\nAny size and weight compliance agent authorized to serve process under the\nprovisions of this chapter may hold a vehicle without an attachment summons or\ncourt order, but only for such time as is reasonably necessary to promptly\npetition for an attachment summons to attach the vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the\njudicial officer conducting the hearing shall inform the operator of the vehicle\nof his option to either pay the previously assessed fees and penalties due the\nCommonwealth or contest the charge through the attachment proceeding. If the\noperator chooses to make payment, he shall do so to the judicial officer, who\nshall transmit the citation along with the fees and penalties to the Department\nfor distribution in accordance with subsection B of \u00a7 46.2-613.1.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a\nvehicle pursuant to this section. The size and weight compliance agent\nauthorized to hold the vehicle pending a hearing on the attachment petition\nshall also be empowered to execute the attachment summons if issued. Any bond\nfor the retention of the vehicle or for release of the attachment shall be given\nin accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial\nofficer. The judicial officer shall return the bond to the clerk of the\nappropriate court in place of the officer serving the attachment as otherwise\nprovided in \u00a7 8.01-554.\n\t\tIn the event the fees and penalties are not paid in full, or no bond is given\nby, or for the person responsible for paying the fees and penalties, the vehicle\nshall be stored in a secure place, as may be designated by the owner or operator\nof the vehicle. If no place is designated, the officer or size and weight\ncompliance agent executing the attachment summons shall designate the place of\nstorage. The owner or operator shall be afforded the right of unloading and\nremoving the cargo from the vehicle. The risk and cost of the storage shall be\nborne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for unpaid fees and penalties the\ncourt shall forward to the Department both a copy of the order disposing of the\ncase and the citation prepared by the size and weight compliance agent but not\nserved.\n\t\tUpon notification of the judgment or administrative order entered for such\nunpaid fees and penalties and notification of the failure of such person to\nsatisfy the judgment or order, the Department, the Department of State Police,\nor any law-enforcement officer or size and weight compliance agent shall\nthereafter deny the offending person the right to operate a motor vehicle or\nvehicles on any highway of the Commonwealth until the judgment or order has been\nsatisfied and a reinstatement fee of $50 has been paid to the Department.\nReinstatement fees collected under the provisions of this section shall be paid\nby the Commissioner into the state treasury and shall be set aside as a special\nfund to be used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the\ndriver shall drive the motor vehicle to a nearby location off the public\nhighways and not move it or permit it to be moved until such judgment or order\nhas been satisfied. Failure by the driver to comply with this provision shall\nconstitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the\nCommonwealth due to action taken pursuant to this section shall be paid from the\nfund into which the civil penalties levied pursuant to \u00a7 46.2-613.1 are paid.\n\t\tOfficers of the Department of State Police and all other law-enforcement\nofficers are vested with the same powers with respect to the enforcement of this\nchapter as they have with respect to the enforcement of the criminal laws of the\nCommonwealth.\n\nHISTORY: 2011, cc. 62, 73; 2012, cc. 22, 111.","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}}