{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-773.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-773.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-773.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-773.html"}],"law_id":54937,"edition_id":1,"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","history":"2020, cc. 1230, 1275; 2022, cc. 236, 446.","full_text":"A\n\nThere is hereby established a mileage-based user fee program. The program shall be a voluntary program that allows owners of vehicles subject to the highway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu of the highway use fee. No owner of a motor vehicle registered in the Commonwealth shall be required to participate in the program established pursuant to this section.B\n\nIn any year that an owner pays the fee set forth in this section, such owner shall not be subject to the fee set forth in § 46.2-772 for the same vehicle. In no case shall the fees paid pursuant to this section during a 12-month period exceed the annual highway use fee that would have otherwise been paid.C\n\nThe fee schedule for the mileage-based user fee program shall be calculated by dividing the amount of the highway use fee as determined pursuant to subsection B of § 46.2-772 by the average number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per mile driven.D\n\nThe Department shall establish procedures for the collection of the fees set forth in this section. Such procedures may limit the total number of participants during the first four years of the program.E\n\nThe Department shall offer program participants the option to participate without location tracking.F\n\nInformation collected by the Department and any other entity pursuant to this chapter shall be limited exclusively to that information necessary for the administration of the mileage-based user fee and shall be used solely for such purpose. Information collected shall not (i) be open to the public or subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid mileage-based user fees or to the owner of a vehicle as part of the owner’s challenge to the imposition of a mileage-based user fee.","order_by":null,"text":{"0":{"id":201548,"text":"There is hereby established a mileage-based user fee program. The program shall be a voluntary program that allows owners of vehicles subject to the highway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu of the highway use fee. No owner of a motor vehicle registered in the Commonwealth shall be required to participate in the program established pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201549,"text":"In any year that an owner pays the fee set forth in this section, such owner shall not be subject to the fee set forth in § 46.2-772 for the same vehicle. In no case shall the fees paid pursuant to this section during a 12-month period exceed the annual highway use fee that would have otherwise been paid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201550,"text":"The fee schedule for the mileage-based user fee program shall be calculated by dividing the amount of the highway use fee as determined pursuant to subsection B of § 46.2-772 by the average number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per mile driven.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201551,"text":"The Department shall establish procedures for the collection of the fees set forth in this section. Such procedures may limit the total number of participants during the first four years of the program.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":201552,"text":"The Department shall offer program participants the option to participate without location tracking.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":201553,"text":"Information collected by the Department and any other entity pursuant to this chapter shall be limited exclusively to that information necessary for the administration of the mileage-based user fee and shall be used solely for such purpose. Information collected shall not (i) be open to the public or subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid mileage-based user fees or to the owner of a vehicle as part of the owner’s challenge to the imposition of a mileage-based user fee.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-773\/","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 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 2022, chapters 236<\/a> and 446<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":70851,"section_number":"46.2-772","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Highway use fee","order_by":null,"url":"\/46.2-772\/"}],"permalink":{"id":228589,"object_type":"law","relational_id":54937,"identifier":"46.2-773","token":"46.2\/II\/7\/46.2-773","url":"\/46.2-773\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-773\/","token":"46.2\/II\/7\/46.2-773","dublin_core":{"Title":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Mileage-based user fee program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-773","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby established a mileage-based user fee program. The program shall be a voluntary program that allows owners<\/span> of vehicles<\/span> subject to the highway<\/span> use fee pursuant to § 46.2-772<\/a> to pay a mileage-based fee in lieu of the highway<\/span> use fee. No owner<\/span> of a motor vehicle<\/span> registered in the Commonwealth shall be required to participate in the program established pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any year that an owner<\/span> pays the fee set forth in this section, such owner<\/span> shall not be subject to the fee set forth in § 46.2-772<\/a> for the same vehicle. In no case shall the fees paid pursuant to this section during a 12-month period exceed the annual highway<\/span> use fee that would have otherwise been paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The fee schedule for the mileage-based user fee program shall be calculated by dividing the amount of the highway<\/span> use fee as determined pursuant to subsection B of § 46.2-772<\/a> by the average number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per mile driven. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall establish procedures for the collection of the fees set forth in this section. Such procedures may limit the total number of participants during the first four years of the program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> shall offer program participants the option to participate without location tracking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Information collected by the Department<\/span> and any other entity pursuant to this chapter shall be limited exclusively to that information necessary for the administration of the mileage-based user fee and shall be used solely for such purpose. Information collected shall not (i) be open to the public or subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid mileage-based user fees or to the owner<\/span> of a vehicle as part of the owner<\/span>’s challenge to the imposition of a mileage-based user fee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR CONTINGENT EXPIRATION, SEE ACTS 2020, CC. 1230 AND 1275) MILEAGE-BASED USER\nFEE PROGRAM (\u00a7 46.2-773)\n\nA. There is hereby established a mileage-based user fee program. The program\nshall be a voluntary program that allows owners of vehicles subject to the\nhighway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu\nof the highway use fee. No owner of a motor vehicle registered in the\nCommonwealth shall be required to participate in the program established\npursuant to this section.\n\nB. In any year that an owner pays the fee set forth in this section, such owner\nshall not be subject to the fee set forth in § 46.2-772 for the same\nvehicle. In no case shall the fees paid pursuant to this section during a\n12-month period exceed the annual highway use fee that would have otherwise been\npaid.\n\nC. The fee schedule for the mileage-based user fee program shall be calculated\nby dividing the amount of the highway use fee as determined pursuant to\nsubsection B of § 46.2-772 by the average number of miles traveled by a\npassenger vehicle in the Commonwealth to determine a fee per mile driven.\n\nD. The Department shall establish procedures for the collection of the fees set\nforth in this section. Such procedures may limit the total number of\nparticipants during the first four years of the program.\n\nE. The Department shall offer program participants the option to participate\nwithout location tracking.\n\nF. Information collected by the Department and any other entity pursuant to this\nchapter shall be limited exclusively to that information necessary for the\nadministration of the mileage-based user fee and shall be used solely for such\npurpose. Information collected shall not (i) be open to the public or subject to\ndisclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700\net seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii)\nbe disclosed to any other entity except as may be necessary for the collection\nof unpaid mileage-based user fees or to the owner of a vehicle as part of the\nowner’s challenge to the imposition of a mileage-based user fee.\n\nHISTORY: 2020, cc. 1230, 1275; 2022, cc. 236, 446.","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}}