                                 CODE OF VIRGINIA

(FOR CONTINGENT EXPIRATION, SEE ACTS 2020, CC. 1230 AND 1275) MILEAGE-BASED USER
FEE PROGRAM (§ 46.2-773)

A. There is hereby established a mileage-based user fee program. The program
shall be a voluntary program that allows owners of vehicles subject to the
highway use fee pursuant to &#xA7; 46.2-772 to pay a mileage-based fee in lieu
of the highway use fee. No owner of a motor vehicle registered in the
Commonwealth shall be required to participate in the program established
pursuant to this section.

B. In any year that an owner pays the fee set forth in this section, such owner
shall not be subject to the fee set forth in &#xA7; 46.2-772 for the same
vehicle. In no case shall the fees paid pursuant to this section during a
12-month period exceed the annual highway use fee that would have otherwise been
paid.

C. The fee schedule for the mileage-based user fee program shall be calculated
by dividing the amount of the highway use fee as determined pursuant to
subsection B of &#xA7; 46.2-772 by the average number of miles traveled by a
passenger vehicle in the Commonwealth to determine a fee per mile driven.

D. The Department shall establish procedures for the collection of the fees set
forth in this section. Such procedures may limit the total number of
participants during the first four years of the program.

E. The Department shall offer program participants the option to participate
without location tracking.

F. Information collected by the Department and any other entity pursuant to this
chapter shall be limited exclusively to that information necessary for the
administration of the mileage-based user fee and shall be used solely for such
purpose. Information collected shall not (i) be open to the public or subject to
disclosure pursuant to the Virginia Freedom of Information Act (&#xA7; 2.2-3700
et seq.); (ii) be sold for sales, solicitation, or marketing purposes; or (iii)
be disclosed to any other entity except as may be necessary for the collection
of unpaid mileage-based user fees or to the owner of a vehicle as part of the
owner&#8217;s challenge to the imposition of a mileage-based user fee.

HISTORY: 2020, cc. 1230, 1275; 2022, cc. 236, 446.