                                 CODE OF VIRGINIA

HOW SERVICE MADE ON COMMISSIONER, SECRETARY, AND CLERK; APPOINTMENT BINDING (§
8.01-310)

A. Service of process on the Clerk of the State Corporation Commission as a
statutory agent authorized by law to receive service of process on behalf of any
natural person, corporation, or other entity is governed by &#xA7; 12.1-19.1.
Service of process on either the Commissioner of the Department of Motor
Vehicles as authorized under &#xA7; 8.01-308 or on the Secretary of the
Commonwealth as authorized under &#xA7; 8.01-309 shall be made by the plaintiff
or his agent or the sheriff leaving a copy of such process together with the fee
for service of process on parties, in the amount prescribed in &#xA7; 2.2-409,
for each party to be thus served, in the hands, or in the office, of the
Commissioner or the Secretary. Service on the statutory agent shall be deemed
sufficient upon the person or entity served and shall be effective on the date
when service is made on the Commissioner or the Secretary pursuant to this
subsection or on the Clerk of the State Corporation Commission pursuant to
subsection A of &#xA7; 12.1-19.1, provided, however, that the time to respond to
process sent by the Commissioner, Secretary, or Clerk as statutory agent is
governed by subsection C of &#xA7; 8.01-312. All fees collected by the
Commissioner pursuant to the provisions of this section shall be paid into the
state treasury and shall be set aside as a special fund to be used to meet the
expenses of the Department of Motor Vehicles.

B. Appointment of the Commissioner or Secretary as attorney or agent for the
service of process on a nonresident under § 8.01-308 or 8.01-309 shall be
irrevocable and binding upon the executor or other personal representative of
such nonresident, and:

   1. Where a nonresident has died before the commencement of an action against
   him regarding an accident or collision under &#xA7; 8.01-308 or 8.01-309, such
   appointment shall be irrevocable and binding upon the executor or other
   personal representative of such nonresident; or

   2. Where a nonresident dies after the commencement of an action against him
   regarding an accident or collision under &#xA7; 8.01-308 or 8.01-309, the
   action shall continue and such appointment shall be irrevocable and binding
   upon his executor, administrator, or other personal representative with such
   additional notice of the pendency of the action as the court deems proper.

C. The provisions of subsection B apply, mutatis mutandis, to actions in which a
natural person served with process through the Clerk of the State Corporation
Commission as his agent has died before or after the commencement of the action.

HISTORY: Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c.
680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000,
c. 579; 2013, c. 113; 2024, c. 454.