                                 CODE OF VIRGINIA

UNIFORM SUMMONS TO BE USED FOR REPORTABLE MOTOR VEHICLE LAW VIOLATIONS;
CITATIONS (§ 46.2-388)

A. The Attorney General, after consultation with the Committee on District
Courts, the Superintendent of State Police and the Commissioner, shall approve a
form for the summons to be issued in either an electronic or paper format and
all revisions to the form to be used by all law-enforcement officers throughout
the Commonwealth in cases of motor vehicle law violations reportable to the
Department under the provisions of &#xA7;&#xA7; 46.2-382 and 46.2-383 and for
other offenses charged on a summons pursuant to &#xA7; 19.2-74. The commencement
and termination date for the use of the form and each revised version of the
form shall be made by the Attorney General after consultation with the Committee
on District Courts, the Superintendent of State Police and the Commissioner. The
law-enforcement agency issuing the summons shall determine whether to use an
electronic or paper format.
			The form of the summons shall include multiple copies with the original to be
used for court records and other copies in sufficient number to permit the use
of one copy by the courts for purposes of filing abstracts of records with the
Department as required by &#xA7; 46.2-383 and shall be a form prepared by the
Department within the meaning of &#xA7; 46.2-386. The form of the summons shall
also include appropriate space for use in cases of violation of either state
laws or local ordinances.

B. A separate citation which has been approved in the manner prescribed in
subsection A shall be used for violations of §§ 46.2-1122 through 46.2-1127
and 46.2-1130. The citation shall be directed to the owner, operator or other
person responsible for the overweight violation, and shall advise him of:

   1. The nature of the violation charged against him;

   2. The amount of monetary fees, penalties, and damages that may be assessed
   for violations;

   3. The requirement that he either pay the fees, penalties, and damages in full
   or deliver a notice of his intent to contest the charge to the Department;

   4. The procedures and time limits for making the payments or contesting such
   charge, which shall include the trial date, which shall in no event be earlier
   than 60 days after the violation; and

   5. The consequences of a failure to timely pay or contest the charge.

C. A separate citation that has been approved in the manner prescribed in
subsection A shall be used for violations of § 46.2-613.1. The citation shall
be directed to the owner, operator, or other person responsible for the
violation and shall advise him of:

   1. The nature of the violation charged against him;

   2. The amount of monetary fees and penalties that may be assessed for
   violations;

   3. The requirement that he either pay the fee and penalties in full or deliver
   a notice of his intent to contest the charge to the Department;

   4. The procedures and time limits for making the payments or contesting such
   charge which shall include the trial date, which shall in no event be earlier
   than 60 days after the violation; and

   5. The consequences of a failure to timely pay or contest the charge.

HISTORY: 1968, c. 712, § 46.1-416.1; 1977, cc. 81, 585; 1984, c. 24; 1986, c.
588; 1989, c. 727; 2005, c. 589; 2011, cc. 62, 73.