                                 CODE OF VIRGINIA

SPECIAL PROCESSING PROVISIONS FOR CIVIL PENALTIES LEVIED FOR VIOLATION OF
LICENSE, REGISTRATION, AND TAX REQUIREMENTS AND VEHICLE SIZE LIMITATIONS (§
46.2-613.3)

Notwithstanding any other provision of law, all civil penalties levied pursuant
to § 46.2-613.1 shall be processed in the following manner:

1. The size and weight compliance agent charging the violation shall serve a
citation on the operator of the vehicle. The citation shall be directed to the
owner, operator, or other person responsible for the violation as determined by
the size and weight compliance agent. Service of the citation on the vehicle
operator shall constitute service of process upon the owner, operator, or other
person charged with the violation as provided in &#xA7; 46.2-613.5.

2. The size and weight compliance agent charging the violation shall cause the
citation to be delivered or sent by first-class mail to the Department within 24
hours after it is served.

3. The owner, operator, or other person charged with the violation shall, within
21 days after the citation is served upon the vehicle operator, either make full
payment to the Department of the civil penalty and processing fee as stated on
the citation or deliver to the Department a written notice of his election to
contest the charges in court.

4. Failure of the owner, operator, or other person charged with the violation to
timely deliver to the Department either payment in full of the uncontested civil
penalty and processing fee or a notice of contest of the violation shall cause
the Department to issue an administrative order of assessment against such
person. A copy of the order shall be sent by first-class mail to the person
charged with the violation. Any such administrative order shall have the same
effect as a judgment entered by a general district court.

5. Upon timely receipt of a notice of contest of a violation under &#xA7;
46.2-613.1, the Department shall:
			a. Forward the citation to the general district court named in the citation;
and
			b. Send by first-class mail to the person charged with the violation and to
the size and weight compliance agent who issued the citation confirmation that
the citation has been forwarded to the court for trial.

6. Notices and pleadings may be served by first-class mail to the address shown
on the citation as the address of the person charged with the weight violation
or, if none is shown, to the address of record for the person to whom the
vehicle is registered.

7. An alleged violation that is contested shall be tried as a civil case. The
attorney for the Commonwealth shall represent the interests of the Commonwealth.
The disposition of the case shall be recorded in an appropriate order, a copy of
which shall be sent to the Department in lieu of any record that may be
otherwise required by &#xA7; 46.2-383. If judgment is for the Commonwealth,
payment shall be made to the Department.

8. Notwithstanding any other provisions of this section, any and all citations
and notices required by this section to be provided to the person charged with a
violation or received from the person charged with a violation, with the
exclusion of the citation as set out in subdivision 1, may be served or provided
in an electronic manner if the Department and the person charged with the
violation have agreed to utilize electronic notification.

HISTORY: 2011, cc. 62, 73.