                                 CODE OF VIRGINIA

SPECIAL SEIZURE PROVISIONS FOR UNPAID FEES AND PENALTIES (§ 46.2-613.4)

Any size and weight compliance agent authorized to serve process under the
provisions of this chapter may hold a vehicle without an attachment summons or
court order, but only for such time as is reasonably necessary to promptly
petition for an attachment summons to attach the vehicle.
		After finding reasonable cause for the issuance of an attachment summons, the
judicial officer conducting the hearing shall inform the operator of the vehicle
of his option to either pay the previously assessed fees and penalties due the
Commonwealth or contest the charge through the attachment proceeding. If the
operator chooses to make payment, he shall do so to the judicial officer, who
shall transmit the citation along with the fees and penalties to the Department
for distribution in accordance with subsection B of § 46.2-613.1.
		The Commonwealth shall not be required to post bond in order to attach a
vehicle pursuant to this section. The size and weight compliance agent
authorized to hold the vehicle pending a hearing on the attachment petition
shall also be empowered to execute the attachment summons if issued. Any bond
for the retention of the vehicle or for release of the attachment shall be given
in accordance with § 8.01-553 except that the bond shall be taken by a judicial
officer. The judicial officer shall return the bond to the clerk of the
appropriate court in place of the officer serving the attachment as otherwise
provided in § 8.01-554.
		In the event the fees and penalties are not paid in full, or no bond is given
by, or for the person responsible for paying the fees and penalties, the vehicle
shall be stored in a secure place, as may be designated by the owner or operator
of the vehicle. If no place is designated, the officer or size and weight
compliance agent executing the attachment summons shall designate the place of
storage. The owner or operator shall be afforded the right of unloading and
removing the cargo from the vehicle. The risk and cost of the storage shall be
borne by the owner or operator of the vehicle.
		Whenever an attachment summons is issued for unpaid fees and penalties the
court shall forward to the Department both a copy of the order disposing of the
case and the citation prepared by the size and weight compliance agent but not
served.
		Upon notification of the judgment or administrative order entered for such
unpaid fees and penalties and notification of the failure of such person to
satisfy the judgment or order, the Department, the Department of State Police,
or any law-enforcement officer or size and weight compliance agent shall
thereafter deny the offending person the right to operate a motor vehicle or
vehicles on any highway of the Commonwealth until the judgment or order has been
satisfied and a reinstatement fee of $50 has been paid to the Department.
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.
		When informed that the right to operate the motor vehicle has been denied, the
driver shall drive the motor vehicle to a nearby location off the public
highways and not move it or permit it to be moved until such judgment or order
has been satisfied. Failure by the driver to comply with this provision shall
constitute a Class 4 misdemeanor.
		All costs incurred by the Commonwealth and all judgments, if any, against the
Commonwealth due to action taken pursuant to this section shall be paid from the
fund into which the civil penalties levied pursuant to § 46.2-613.1 are paid.
		Officers of the Department of State Police and all other law-enforcement
officers are vested with the same powers with respect to the enforcement of this
chapter as they have with respect to the enforcement of the criminal laws of the
Commonwealth.

HISTORY: 2011, cc. 62, 73; 2012, cc. 22, 111.