                                 CODE OF VIRGINIA

SUSPENSION OF DRIVER&#8217;S LICENSE AND REGISTRATION WHEN UNINSURED MOTOR
VEHICLE IS INVOLVED IN REPORTABLE ACCIDENT; HEARING PRIOR TO SUSPENSION (§
46.2-708)

When it appears to the Commissioner from the records of his office or from a
report submitted by an insurance company licensed to do business in the
Commonwealth that an uninsured motor vehicle as defined in § 46.2-705, subject
to registration in the Commonwealth, is involved in a reportable accident in the
Commonwealth resulting in death, injury, or property damage, the Commissioner
shall, in addition to enforcing the applicable provisions of Article 13 (§
46.2-417 et seq.) of Chapter 3, suspend such owner&#8217;s driver&#8217;s
license and all of his license plates and registration certificates until such
person has complied with Article 13 of Chapter 3 and has paid to the
Commissioner a noncompliance fee of $600, to be disposed of as provided by §
46.2-710, with respect to the motor vehicle involved in the accident and
furnishes proof of financial responsibility in the future in the manner
prescribed in Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, no order
of suspension required by this section shall become effective until the
Commissioner has offered the person an opportunity for an administrative hearing
to show cause why the order should not be enforced. Notice of the opportunity
for an administrative hearing may be included in the order of suspension. Any
request for an administrative hearing made by such person must be received by
the Department within 180 days of the issuance date of the order of suspension
unless the person presents to the Department evidence of military service as
defined by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et
seq.), incarceration, commitment, hospitalization, or physical presence outside
the United States at the time the order of suspension was issued.
		However, when three years have elapsed from the effective date of the
suspension herein required, the Commissioner may relieve such person of the
requirement of furnishing proof of financial responsibility in the future. The
presentation by a person subject to the provisions of this section of a
certificate of insurance, executed by an agent or representative of an insurance
company qualified to do business in this Commonwealth, showing that on the date
and at the time of the accident the vehicle was an insured motor vehicle as
herein defined shall be sufficient bar to the suspension provided for in this
section.

HISTORY: 1958, c. 407, § 46.1-167.4; 1960, c. 188; 1966, cc. 181, 548; 1970, c.
68; 1972, cc. 552, 638, 729; 1973, c. 25; 1974, c. 604; 1978, c. 563; 1981, c.
193; 1984, cc. 399, 780; 1988, c. 470; 1989, c. 727; 1998, c. 404; 2012, cc.
151, 471; 2019, cc. 149, 193; 2023, c. 538; 2025, cc. 163, 177.