                                 CODE OF VIRGINIA

REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE OR OTHER PRIVILEGE TO OPERATE OR
REGISTER A MOTOR VEHICLE; PROOF OF FINANCIAL RESPONSIBILITY; REINSTATEMENT FEE
(§ 46.2-411)

A. The Commissioner may refuse, after a hearing if demanded, to issue to any
person whose license has been suspended or revoked any new or renewal license,
or to register any motor vehicle in the name of the person, whenever he deems or
in case of a hearing finds it necessary for the safety of the public on the
highways in the Commonwealth.

B. Before granting or restoring a license or registration to any person whose
driver&#8217;s license or other privilege to drive motor vehicles or privilege
to register a motor vehicle has been revoked or suspended pursuant to &#xA7;
46.2-389, 46.2-391, 46.2-391.1, or 46.2-417, the Commissioner shall require
proof of financial responsibility in the future as provided in Article 15
(&#xA7; 46.2-435 et seq.), but no person shall be licensed who may not be
licensed under the provisions of &#xA7;&#xA7; 46.2-389 through 46.2-431.

C. Whenever the driver&#8217;s license or registration cards, license plates and
decals, or other privilege to drive or to register motor vehicles of any
resident or nonresident person is suspended or revoked by the Commissioner or by
a district court or circuit court pursuant to the provisions of Title 18.2 or
this title, or any valid local ordinance, the order of suspension or revocation
shall remain in effect and the driver&#8217;s license, registration cards,
license plates and decals, or other privilege to drive or register motor
vehicles shall not be reinstated and no new driver&#8217;s license, registration
cards, license plates and decals, or other privilege to drive or register motor
vehicles shall be issued or granted unless such person, in addition to complying
with all other provisions of law, pays to the Commissioner a reinstatement fee
of $30. The reinstatement fee shall be increased by $30 whenever such suspension
or revocation results from conviction of involuntary manslaughter in violation
of &#xA7; 18.2-36.1; conviction of maiming resulting from driving while
intoxicated in violation of &#xA7; 18.2-51.4; conviction of driving while
intoxicated in violation of &#xA7; 18.2-266 or 46.2-341.24; conviction of
driving after illegally consuming alcohol in violation of &#xA7; 18.2-266.1 or
failure to comply with court imposed conditions pursuant to subsection D of
&#xA7; 18.2-271.1; unreasonable refusal to submit to drug or alcohol testing in
violation of &#xA7; 18.2-268.2; conviction of driving while a license, permit or
privilege to drive was suspended or revoked in violation of &#xA7; 46.2-301 or
46.2-341.21; disqualification pursuant to &#xA7; 46.2-341.20; violation of
driver&#8217;s license probation pursuant to &#xA7; 46.2-499; failure to attend
a driver improvement clinic pursuant to &#xA7; 46.2-503 or interventions
pursuant to former &#xA7; 46.2-351.1; conviction of eluding police in violation
of &#xA7; 46.2-817; conviction of hit and run in violation of &#xA7; 46.2-894;
conviction of reckless driving in violation of Article 7 (&#xA7; 46.2-852 et
seq.) of Chapter 8 of Title 46.2 or a conviction, finding or adjudication under
any similar local ordinance, federal law or law of any other state. Five dollars
of the additional amount shall be retained by the Department as provided in this
section and $25 shall be transferred to the Commonwealth Neurotrauma Initiative
Trust Fund established pursuant to Article 12 (&#xA7; 51.5-178 et seq.) of
Chapter 14 of Title 51.5. When three years have elapsed from the termination
date of the order of suspension or revocation and the person has complied with
all other provisions of law, the Commissioner may relieve him of paying the
reinstatement fee.

D. No reinstatement fee shall be required when the suspension or revocation of
license results from the person&#8217;s suffering from mental or physical
infirmities or disabilities from natural causes not related to the use of
self-administered intoxicants or drugs. No reinstatement fee shall be collected
from any person whose license is suspended by a court of competent jurisdiction
for any reason, other than a cause for mandatory suspension as provided in this
title, provided the court ordering the suspension is not required by &#xA7;
46.2-398 to forward the license to the Department during the suspended period.

E. Except as otherwise provided in this section and &#xA7; 18.2-271.1,
reinstatement fees collected under the provisions of this section shall be paid
by the Commissioner into the state treasury and shall be set aside as a special
fund to be used to meet the expenses of the Department.

F. Before granting or restoring a license or registration to any person whose
driver&#8217;s license or other privilege to drive motor vehicles or privilege
to register a motor vehicle has been revoked or suspended, the Commissioner
shall collect from such person, in addition to all other fees provided for in
this section, an additional fee of $40. The Commissioner shall pay all fees
collected pursuant to this subsection into the Trauma Center Fund, created
pursuant to &#xA7; 18.2-270.01, for the purpose of defraying the costs of
providing emergency medical care to victims of automobile accidents attributable
to alcohol or drug use.

G. Whenever any person is required to pay a reinstatement fee pursuant to
subsection C or pursuant to subsection E of &#xA7; 18.2-271.1 and such person
has more than one suspension or revocation on his record for which reinstatement
is required, then such person shall be required to pay one reinstatement fee,
the amount of which shall equal the full reinstatement fee attributable to the
one of his revocations or suspensions that would trigger the highest
reinstatement fee, plus an additional $5 fee for administrative costs associated
with compliance for each additional suspension or revocation. Fees collected
pursuant to this subsection shall be set aside as a special fund to be used to
meet the expenses of the Department.

HISTORY: Code 1950, § 46-425; 1958, c. 541, § 46.1-438; 1973, c. 396; 1980, c.
29; 1982, c. 671; 1984, c. 780; 1987, c. 696; 1988, c. 860; 1989, c. 727; 1992,
c. 109; 1998, c. 703; 1999, cc. 945, 987; 2002, c. 60; 2005, c. 886; 2011, cc.
54, 71; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 463.