{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-772.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-772.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-772.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-772.html"}],"law_id":70851,"edition_id":1,"section_id":70851,"structure_id":13896,"section_number":"46.2-772","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Highway use fee","history":"2020, cc. 1230, 1275; 2022, c. 446; 2023, cc. 537, 548.","full_text":"A\n\nExcept as provided in subsection C, there is hereby imposed an annual highway use fee on any motor vehicle registered in the Commonwealth under § 46.2-694 or 46.2-697 that is an alternative fuel vehicle, an electric motor vehicle, or a fuel-efficient vehicle. The fee shall be collected by the Department at the time of vehicle registration. If the vehicle is registered for a period of other than one year as provided in § 46.2-646, the highway use fee shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.B\n\n1. For an electric motor vehicle, the highway use fee shall be 85 percent of the amount of taxes paid under subsection A of \u00a7 58.1-2217 on fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth, as determined by the Commissioner. For all other fuel-efficient vehicles, the highway use fee shall be 85 percent of the difference between the tax paid under subsection A of \u00a7 58.1-2217 on the fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner, and the tax paid under subsection A of \u00a7 58.1-2217 on the fuel used by the vehicle being registered for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner.\n\t\t\tFor purposes of this chapter, the Commissioner shall use combined fuel economy as determined by the manufacturer of the vehicle. If the Commissioner is unable to obtain the manufacturer’s fuel economy for a vehicle, then the Commissioner shall use the final estimate of average fuel economy, as determined by the U.S. Environmental Protection Agency, of (i) all trucks having the same model year as the vehicle being registered, if the vehicle has a gross weight between 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model year as the vehicle. If data is not available for the model year of the vehicle being registered, then the Commissioner shall use available data for the model year that is closest to the model year of the vehicle being registered.\n\t\t\tThe Commissioner shall update the fees calculated under this section by July 1 of each year.2\n\nThe Department shall establish and administer a process whereby a vehicle owner may contest the fee assessed pursuant to this section. The Department shall reimburse the vehicle owner for any contested fee or portion thereof incorrectly collected pursuant to this section.C\n\nThis section shall not apply to:1\n\nAn autocycle, moped, or motorcycle;2\n\nA vehicle with a gross weight over 10,000 pounds;3\n\nA vehicle that is owned by a governmental entity as defined in § 58.1-2201; or4\n\nA vehicle that is registered under the International Registration Plan.\n\t\t\t\tNotwithstanding the provisions of this section, the annual highway use fee for a low-speed vehicle that is registered under Chapter 6 (§ 46.2-600 et seq.) shall be $25.\n\t\t\t\tA vehicle shall not be subject to the fee set forth in this section in any year in which such vehicle is registered to participate in the mileage-based user fee program established pursuant to § 46.2-773.D\n\nIn any case where an applicant has requested and is eligible for a refund pursuant to § 46.2-688, the Commissioner shall refund to the applicant the cost of the highway use fee, prorated in six-month increments, if such application is made when six or more months remain in the registration period.","order_by":null,"text":{"0":{"id":255486,"text":"Except as provided in subsection C, there is hereby imposed an annual highway use fee on any motor vehicle registered in the Commonwealth under § 46.2-694 or 46.2-697 that is an alternative fuel vehicle, an electric motor vehicle, or a fuel-efficient vehicle. The fee shall be collected by the Department at the time of vehicle registration. If the vehicle is registered for a period of other than one year as provided in § 46.2-646, the highway use fee shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255487,"text":"1. For an electric motor vehicle, the highway use fee shall be 85 percent of the amount of taxes paid under subsection A of \u00a7 58.1-2217 on fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth, as determined by the Commissioner. For all other fuel-efficient vehicles, the highway use fee shall be 85 percent of the difference between the tax paid under subsection A of \u00a7 58.1-2217 on the fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner, and the tax paid under subsection A of \u00a7 58.1-2217 on the fuel used by the vehicle being registered for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner.\n\t\t\tFor purposes of this chapter, the Commissioner shall use combined fuel economy as determined by the manufacturer of the vehicle. If the Commissioner is unable to obtain the manufacturer’s fuel economy for a vehicle, then the Commissioner shall use the final estimate of average fuel economy, as determined by the U.S. Environmental Protection Agency, of (i) all trucks having the same model year as the vehicle being registered, if the vehicle has a gross weight between 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model year as the vehicle. If data is not available for the model year of the vehicle being registered, then the Commissioner shall use available data for the model year that is closest to the model year of the vehicle being registered.\n\t\t\tThe Commissioner shall update the fees calculated under this section by July 1 of each year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":255488,"text":"The Department shall establish and administer a process whereby a vehicle owner may contest the fee assessed pursuant to this section. The Department shall reimburse the vehicle owner for any contested fee or portion thereof incorrectly collected pursuant to this section.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":255489,"text":"This section shall not apply to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"4":{"id":255490,"text":"An autocycle, moped, or motorcycle;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"5":{"id":255491,"text":"A vehicle with a gross weight over 10,000 pounds;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"6":{"id":255492,"text":"A vehicle that is owned by a governmental entity as defined in § 58.1-2201; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"7":{"id":255493,"text":"A vehicle that is registered under the International Registration Plan.\n\t\t\t\tNotwithstanding the provisions of this section, the annual highway use fee for a low-speed vehicle that is registered under Chapter 6 (§ 46.2-600 et seq.) shall be $25.\n\t\t\t\tA vehicle shall not be subject to the fee set forth in this section in any year in which such vehicle is registered to participate in the mileage-based user fee program established pursuant to § 46.2-773.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"8":{"id":255494,"text":"In any case where an applicant has requested and is eligible for a refund pursuant to § 46.2-688, the Commissioner shall refund to the applicant the cost of the highway use fee, prorated in six-month increments, if such application is made when six or more months remain in the registration period.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":13896,"edition_id":1,"name":"Highway Use Fee and Mileage-Based User Fee Program","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":228575,"object_type":"structure","relational_id":13896,"identifier":"7","token":"46.2\/II\/7","url":"\/46.2\/II\/7\/","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":84580,"structure_id":13896,"section_number":"46.2-770","catch_line":" (For contingent expiration, see Acts 2020, cc. 1230 and 1275) Definitions","url":"\/46.2-770\/","token":"46.2\/II\/7\/46.2-770","metadata":false},{"id":68086,"structure_id":13896,"section_number":"46.2-771","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Purpose","url":"\/46.2-771\/","token":"46.2\/II\/7\/46.2-771","metadata":false},{"id":70851,"structure_id":13896,"section_number":"46.2-772","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Highway use fee","url":"\/46.2-772\/","token":"46.2\/II\/7\/46.2-772","metadata":false},{"id":54937,"structure_id":13896,"section_number":"46.2-773","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Mileage-based user fee program","url":"\/46.2-773\/","token":"46.2\/II\/7\/46.2-773","metadata":false},{"id":67153,"structure_id":13896,"section_number":"46.2-774","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Distribution of revenues","url":"\/46.2-774\/","token":"46.2\/II\/7\/46.2-774","metadata":false}],"previous_section":{"id":68086,"structure_id":13896,"section_number":"46.2-771","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Purpose","url":"\/46.2-771\/","token":"46.2\/II\/7\/46.2-771","metadata":false},"next_section":{"id":54937,"structure_id":13896,"section_number":"46.2-773","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Mileage-based user fee program","url":"\/46.2-773\/","token":"46.2\/II\/7\/46.2-773","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-772\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1230<\/a> and 1275<\/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 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2022, chapter 446<\/a>; in 2023, chapters 537<\/a> and 548<\/a>.<\/p>","references":[{"id":54937,"section_number":"46.2-773","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Mileage-based user fee program","order_by":null,"url":"\/46.2-773\/"}],"refers_to":[{"id":87484,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","order_by":null,"url":"\/46.2-600\/"},{"id":77786,"section_number":"46.2-646","catch_line":"Expiration and renewal of registration","order_by":null,"url":"\/46.2-646\/"},{"id":73617,"section_number":"46.2-688","catch_line":"Refund of fees paid","order_by":null,"url":"\/46.2-688\/"},{"id":76988,"section_number":"46.2-694","catch_line":"(Contingent effective date) Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof","order_by":null,"url":"\/46.2-694\/"},{"id":71868,"section_number":"46.2-697","catch_line":"(Contingent effective date \u2014 see Editor's note) Fees for vehicles not designed or used for transportation of passengers","order_by":null,"url":"\/46.2-697\/"},{"id":59020,"section_number":"58.1-2201","catch_line":"Definitions","order_by":null,"url":"\/58.1-2201\/"},{"id":66220,"section_number":"58.1-2217","catch_line":"Taxes levied; rate","order_by":null,"url":"\/58.1-2217\/"}],"permalink":{"id":228585,"object_type":"law","relational_id":70851,"identifier":"46.2-772","token":"46.2\/II\/7\/46.2-772","url":"\/46.2-772\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-772\/","token":"46.2\/II\/7\/46.2-772","dublin_core":{"Title":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Highway use fee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-772","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection C, there is hereby imposed an annual highway<\/span> use fee on any motor vehicle registered in the Commonwealth under § 46.2-694<\/a> or 46.2-697<\/a> that is an alternative fuel vehicle<\/span>, an electric motor vehicle<\/span>, or a fuel-efficient vehicle<\/span>. The fee shall be collected by the Department<\/span> at the time of vehicle registration. If the vehicle is registered for a period of other than one year as provided in § 46.2-646<\/a>, the highway<\/span> use fee shall be multiplied by the number of years or fraction thereof that the vehicle will be registered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. For an electric motor vehicle<\/span>, the highway<\/span> use fee shall be 85 percent of the amount of taxes paid under subsection A of \u00a7 58.1-2217<\/a> on fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth, as determined by the Commissioner<\/span>. For all other fuel-efficient vehicles<\/span>, the highway<\/span> use fee shall be 85 percent of the difference between the tax paid under subsection A of \u00a7 58.1-2217<\/a> on the fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner<\/span>, and the tax paid under subsection A of \u00a7 58.1-2217<\/a> on the fuel used by the vehicle being registered for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner<\/span>.\n\t\t\tFor purposes of this chapter, the Commissioner<\/span> shall use combined fuel economy as determined by the manufacturer of the vehicle. If the Commissioner<\/span> is unable to obtain the manufacturer’s fuel economy for a vehicle, then the Commissioner<\/span> shall use the final estimate of average fuel economy, as determined by the U.S. Environmental Protection Agency, of (i) all trucks<\/span> having the same model year as the vehicle being registered, if the vehicle has a gross weight<\/span> between 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model year as the vehicle. If data is not available for the model year of the vehicle being registered, then the Commissioner<\/span> shall use available data for the model year that is closest to the model year of the vehicle being registered.\n\t\t\tThe Commissioner<\/span> shall update the fees calculated under this section by July 1 of each year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Department<\/span> shall establish and administer a process whereby a vehicle owner<\/span> may contest the fee assessed pursuant to this section. The Department<\/span> shall reimburse the vehicle owner<\/span> for any contested fee or portion thereof incorrectly collected pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An autocycle<\/span>, moped<\/span>, or motorcycle<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A vehicle with a gross weight<\/span> over 10,000 pounds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A vehicle that is owned by a governmental entity as defined in § 58.1-2201<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A vehicle that is registered under the International Registration Plan.\n\t\t\t\tNotwithstanding the provisions of this section, the annual highway<\/span> use fee for a low-speed vehicle<\/span> that is registered under Chapter 6 (§ 46.2-600<\/a> et seq.) shall be $25.\n\t\t\t\tA vehicle shall not be subject to the fee set forth in this section in any year in which such vehicle is registered to participate in the mileage-based user fee program established pursuant to § 46.2-773<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case where an applicant has requested and is eligible for a refund pursuant to § 46.2-688<\/a>, the Commissioner<\/span> shall refund to the applicant the cost of the highway<\/span> use fee, prorated in six-month increments, if such application is made when six or more months remain in the registration period. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR CONTINGENT EXPIRATION, SEE ACTS 2020, CC. 1230 AND 1275) HIGHWAY USE FEE\n(\u00a7 46.2-772)\n\nA. Except as provided in subsection C, there is hereby imposed an annual highway\nuse fee on any motor vehicle registered in the Commonwealth under §\n46.2-694 or 46.2-697 that is an alternative fuel vehicle, an electric motor\nvehicle, or a fuel-efficient vehicle. The fee shall be collected by the\nDepartment at the time of vehicle registration. If the vehicle is registered for\na period of other than one year as provided in § 46.2-646, the highway use\nfee shall be multiplied by the number of years or fraction thereof that the\nvehicle will be registered.\n\nB. 1. For an electric motor vehicle, the highway use fee shall be 85 percent of\nthe amount of taxes paid under subsection A of \u00a7 58.1-2217 on fuel used by a\nvehicle with a combined fuel economy of 23.7 miles per gallon for the average\nnumber of miles traveled by a passenger vehicle in the Commonwealth, as\ndetermined by the Commissioner. For all other fuel-efficient vehicles, the\nhighway use fee shall be 85 percent of the difference between the tax paid under\nsubsection A of \u00a7 58.1-2217 on the fuel used by a vehicle with a combined fuel\neconomy of 23.7 miles per gallon for the average number of miles traveled by a\npassenger vehicle in the Commonwealth in a year, as determined by the\nCommissioner, and the tax paid under subsection A of \u00a7 58.1-2217 on the fuel\nused by the vehicle being registered for the average number of miles traveled by\na passenger vehicle in the Commonwealth in a year, as determined by the\nCommissioner.\n\t\t\tFor purposes of this chapter, the Commissioner shall use combined fuel\neconomy as determined by the manufacturer of the vehicle. If the Commissioner is\nunable to obtain the manufacturer’s fuel economy for a vehicle, then the\nCommissioner shall use the final estimate of average fuel economy, as determined\nby the U.S. Environmental Protection Agency, of (i) all trucks having the same\nmodel year as the vehicle being registered, if the vehicle has a gross weight\nbetween 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model\nyear as the vehicle. If data is not available for the model year of the vehicle\nbeing registered, then the Commissioner shall use available data for the model\nyear that is closest to the model year of the vehicle being registered.\n\t\t\tThe Commissioner shall update the fees calculated under this section by July\n1 of each year.\n\n 2. The Department shall establish and administer a process whereby a vehicle\n owner may contest the fee assessed pursuant to this section. The Department\n shall reimburse the vehicle owner for any contested fee or portion thereof\n incorrectly collected pursuant to this section.\n\nC. This section shall not apply to:\n\n 1. An autocycle, moped, or motorcycle;\n\n 2. A vehicle with a gross weight over 10,000 pounds;\n\n 3. A vehicle that is owned by a governmental entity as defined in §\n 58.1-2201; or\n\n 4. A vehicle that is registered under the International Registration Plan.\n \t\t\t\tNotwithstanding the provisions of this section, the annual highway use fee\n for a low-speed vehicle that is registered under Chapter 6 (§ 46.2-600 et\n seq.) shall be $25.\n \t\t\t\tA vehicle shall not be subject to the fee set forth in this section in any\n year in which such vehicle is registered to participate in the mileage-based\n user fee program established pursuant to § 46.2-773.\n\nD. In any case where an applicant has requested and is eligible for a refund\npursuant to § 46.2-688, the Commissioner shall refund to the applicant the\ncost of the highway use fee, prorated in six-month increments, if such\napplication is made when six or more months remain in the registration period.\n\nHISTORY: 2020, cc. 1230, 1275; 2022, c. 446; 2023, cc. 537, 548.","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}}