                                 CODE OF VIRGINIA

COURTS TO MAKE FINDINGS RELATING TO COMMERCIAL MOTOR VEHICLES (§ 46.2-382.1)

For the purpose of enforcing the Virginia Commercial Driver&#8217;s License Act
(§ 46.2-341.1 et seq.), in any case in which a person is charged with a
violation of any law of the Commonwealth or of any ordinance of any county, city
or town pertaining to the operator or operation of a motor vehicle, except
parking violations, and the warrant or summons indicates that the motor vehicle
so operated was a commercial motor vehicle as defined in the Virginia Commercial
Driver&#8217;s License Act, or that it was a commercial motor vehicle carrying
hazardous materials as defined by the Virginia Commercial Driver&#8217;s License
Act, the court hearing such case shall make a finding, which shall be noted on
the record, as to whether such vehicle was in fact a commercial motor vehicle
and, if applicable, whether such vehicle was carrying hazardous materials.
		If the offense charged is one in which operation of a commercial motor vehicle
is an element of the offense, the conviction of the offense shall constitute the
court&#8217;s finding that the vehicle was a commercial motor vehicle, but a
separate finding shall be made as to whether such vehicle was carrying hazardous
materials, if applicable. If the offense charged is one in which operation of a
commercial motor vehicle is not an element of the offense, then the court, after
convicting the person charged, shall make a separate finding as to whether the
vehicle was a commercial motor vehicle and, if applicable, whether it was
carrying hazardous materials. The separate findings required by this section
shall be noted on the conviction record, and the following procedures shall
apply to such separate findings:

1. If the person charged prepays fines and costs pursuant to &#xA7; 19.2-254.1,
he shall be deemed to have admitted that such motor vehicle was a commercial
motor vehicle and, if applicable, that it carried hazardous materials at the
time of the violation, as indicated on the warrant or summons, and such
admission or admissions shall be noted on the conviction record as the
court&#8217;s finding.

2. In all other cases, the Commonwealth shall have the burden of proving by a
preponderance of the evidence that the vehicle was a commercial motor vehicle
and, if applicable, that it carried hazardous materials.

HISTORY: 1989, c. 705, § 46.1-412.1.