                                 CODE OF VIRGINIA

DECLARATION OF FOR-HIRE OPERATION; PRESUMPTION OF NONBUSINESS USE (§
46.2-2121.1)

Before any motor vehicle is used by a motor carrier to transport property for
compensation over the highways of the Commonwealth, the owner of the vehicle
shall declare to the Department that the operation of such vehicle is for hire.
		Any passenger car, motorcycle, autocycle, or pickup or panel truck, as defined
in § 46.2-100, subject to the declaration required by this section and
determined pursuant to § 58.1-3523 to be (i) privately owned, (ii) leased
pursuant to a contract requiring the lessee to pay the tangible personal
property tax on such vehicle, or (iii) held in a private trust for nonbusiness
purposes and registered with the Department as a personal vehicle shall be
presumed to be used for nonbusiness purposes in determining whether such vehicle
is a qualifying vehicle under § 58.1-3523 absent clear and convincing evidence
to the contrary. Any declaration given pursuant to this section shall not create
any presumption of business or commercial use of the vehicle or of business
activity on the part of the vehicle owner, lessee, or operator for purposes of
any state or local requirement.

HISTORY: 2017, cc. 790, 815.