2015 Legislative Bulletin

Amends Va. Code § 46.2-105.1

This bill provides that it is a Class 2 misdemeanor for a person to communicate by any means to a person taking an examination, during the examination, any information purporting to be answers to questions intended to be used by DMV in conducting an examination. Prior to this bill it was unlawful to receive or furnish written or printed material purporting to be answers to such questions; however verbal assistance or assistance with hand gestures was not specifically prohibited.

Amends Va. Code §§ 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9,

46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-341.14:1, 46.2-341.15, 46.2-

341.16, 46.2-341.18:3, 46.2-341.20, 46.2-341.20:4, 46.2-348, 46.2-2011.29,

46.2-2139, 46.2-2900, 46.2-2906, 46.2-2907, and 52-8.4; and amends Va. Code by adding in Article 3 of Chapter 6 of Title 46.2 sections numbered 46.2-649.3 and

46.2-649.4.

This bill amends several motor carrier and commercial drivers' licensing laws, bringing Virginia into compliance with Federal Motor Carrier Safety Regulations amendments regarding commercial motor vehicles and exemptions regarding certain farm vehicles and their drivers. The bill lowers the age of eligibility for an escort vehicle driver certification from 21 to 18 years. The bill also authorizes two additional circumstances in which law enforcement may remove for-hire license plates: where the carrier's operating authority has expired and where the plates are being used on a leased vehicle and the bill makes all license plate removal optional

at the discretion of the law-enforcement officer.

This bill contains the following components:

1. For-Hire License Plates

This legislation provides law enforcement with additional enforcement tools to ensure valid credentialing of For-Hire operations, authorizing the seizure of the license plates, identification marker, and registration card of a for-hire carrier whose permit or certificate has expired, or where the for-hire carrier has leased a motor vehicle and such lease was terminated, cancelled, or expired.

2. Escort Vehicle Driver

This legislation provides the lower eligibility age for an escort driver certificate in Virginia (from 21 to 18 years), which will allow Virginia to grant and receive full reciprocity with other states which have established an eligibility age requirement that is lower than that set by Virginia.

3. Commercial Motor Vehicles and Driver’s Licenses

This bill allows DMV to comply with new Federal Motor Carrier Safety Administration (FMCSA) regulation amendments for commercial motor vehicles (CMV) and commercial driver’s licenses (CDL).

• Creation and issuance of new Non-Domiciled commercial learner’s permits (CLP)

and CDL, labeled as such and issued in specific, limited circumstances.

Applicants for a non-domiciled commercial permit or license will be required to meet all other licensing requirements including providing the necessary proof of legal presence, identification, social security number, and Virginia residency and will need to complete all required testing and meet the minimum learner’s permit holding period (if applicable).

In addition, if not already presented as part of their proof of legal presence, applicants will need to present either an unexpired foreign passport with an unexpired I-94 or an unexpired Employment Authorization Document (EAD). Document numbers from these items will be recorded by the DMV CSR on the driver’s record. The CDL or CLP issued to these applicants is considered non- domiciled because while the holder is a resident of Virginia, he is domiciled elsewhere; otherwise, it authorizes the same privileges as a standard commercial permit or license.

The credentials will display one of the following statements:

“non-domiciled CLP” or “non-domiciled CDL”

• Issuance of Virginia CDLs to military personnel stationed in Virginia but domiciled in another jurisdiction, in conformance with the federal Military CDL Act of 2012.  Such persons must be a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary; and is not domiciled in Virginia, but whose temporary or permanent duty station is located in the Virginia.

CLP/CDL applicants will be asked to indicate their place of domicile on the DL1P. There will be four options as follows:

• The commercial learner’s permit holding period for drivers who have completed driver training through the Department of Education or the military will be reduced to 14-day minimum.

• Applicants will be required to present a letter on either the Virginia school’s letterhead or military letterhead indicating successful completion of the commercial driver training program.  The letter will include the applicable codes for school type and school.

• Clarification regarding proof of citizenship or lawful permanent residency requirements prior to issuance of a CDL or CLP. These provisions do not affect Virginia’s legal presence requirements.

The Federal Motor Carrier Safety Administration requires all applicants for a standard commercial permit or license to submit federally acceptable evidence that they are either a U.S. citizen or Legal Permanent Resident of the U.S. Unfortunately, FMCSA’s list of acceptable documents varies from Virginia’s list. FMCSA’s list of acceptable documents includes:

❖Unexpired U.S. passport

❖U.S. birth document issued by a U.S. state, jurisdiction, or territory

❖Consular Report of Birth Abroad

❖Certificate of Naturalization

❖Certificate of Citizenship

❖Unexpired Permanent Resident Card

Applicants who have not presented one of the above documents to DMV since January 1, 2004, will be required to present an acceptable document in order to renew or obtain a duplicate or reissue of their CLP or CDL.

• Acceptance of CDL skills test results from other states, provisions to allow Virginia to test drivers from other states who completed driver training in Virginia, and authorization for DMV to assess an $85 fee for that testing.

If a Virginia driver completed training and testing in another state, the test results will be electronically sent to the CDL/NDR work center and will be posted to the customer record. If a customer indicates they completed testing in another state, check the customer record for test results.  If no results are present, contact the CDL/NDR work center.

Out of state drivers who attend driver training in Virginia and wish to be tested by DLQA will need to visit a Virginia DMV Customer Service Center to present their school certificate and pay the $85.  The driver will then be asked to present the DMV receipt to DLQA before testing.

• Bond requirements for non-governmental 3rd party testers to cover re-testing costs in the event of fraudulent activities. DMV will require a bond in the amount of $5,000.

Additional changes are being made in conjunction with the implementation of this bill to ensure DMV’s continued compliance with FMCSA regulations. These changes include:

A. The system will automatically add “M” and “N” restrictions to CLPs:

•        M restriction = Operation of passenger vehicle is restricted to a Class B or Class C passenger vehicle.

  Whenever a Class B CLP is issued with a P endorsement, the system will automatically add an M restriction.

•        N restriction = Operation of passenger vehicle is restricted to a Class C passenger vehicle.

  Whenever a Class C CLP is issued with a P endorsement, the system will automatically add an N restriction.

B. Adding a “K” restriction to all CLP/CDLs when the driver self certifies as an Intrastate driver – The system will provide a prompt when the K needs to be added or removed.

•        Currently, only CLP/CDL holders under age 21 and those under Virginia DMV’s medical review control are restricted to intrastate operation. However, effective July 1st,:

❖ Drivers who have a self-certification status of INTERSTATE and change it to INTRASTATE will need to have a new CLP/CDL issued with a “K” restriction code.

❖ Drivers who have a “K” restriction on their CLP/CDL because they had self-certified to INTRASTATE and change it to INTERSTATE must have a new CLP/CDL without the “K” restriction code.

❖ Drivers who currently have a self-certification status that is INTRASTATE but do not have the “K” restriction will have the restriction added when they obtain a duplicate, reissue, or renewal.

4. Covered Farm Vehicles

This bill allows DMV to comply with MAP-21 (Moving Ahead for Progress in the 21st Century Act, P.L. 112-141) and new Federal Motor Carrier Safety Administration (FMCSA) regulations promulgated as a result of that Act as they apply to covered farm vehicles. The provisions:

•        Establish a new definition and category of vehicles – covered farm vehicles are those operated by farm and ranch operators, their employees, tenants or family members. These provisions will apply to vehicles that are registered in Virginia and display a DMV-issued farm use license plate.

•        Exempt qualifying covered farm vehicles and operators from many FMCSA CDL regulations including CDL licensing, drug and alcohol testing, medical qualifications, hours of service limits, and vehicle inspection, repair and maintenance; however, this does not exempt drivers from Virginia’s DUI laws or Virginia’s vehicle safety inspection requirements.

•        Expand mileage limitations within which a covered farm vehicle may travel while making use of the exemptions, depending on the weight of the vehicle:

❖GVW of 26,001 pounds or less may use the exemptions without mileage restrictions.

❖GVW greater than 26,001 pounds may use the exemptions anywhere in the state of registration or across state lines within 150 air miles (176.2 miles) of the boundaries of the farm or ranch from which the vehicle is being operated.

•        Exempt a CDL holder operating a commercial motor vehicle – but that does not qualify as a farm vehicle – from the hours of service federal requirements so long as the cargo consists of agricultural commodities and/or farm supplies.

Amends Va. Code §§ 46.2-205, 46.2-602.2, 46.2-618, 46.2-626.1, 46.2-644.1, 46.2-644.3, 46.2-654.1, 46.2-1105, 46.2-1139, 46.2-1500, 46.2-1503, 46.2-1504, 46.2-1505, 46.2-1508, 46.2-1509 through 46.2-1512, 46.2-1515, 46.2-1516, 46.2-1518, 46.2-1519, 46.2-1521, 46.2-1527.1, 46.2-1527.2, 46.2-1527.3, 46.2-1527.5, 46.2-1527.10, 46.2-1529, 46.2-1529.1, 46.2-1530, 46.2-1531, 46.2-1532, 46.2-1533, 46.2-1534, 46.2-1536, 46.2-1539, 46.2-1540, 46.2-1542 through 46.2-1545, 46.2-1547, 46.2-1558, 46.2-1561, 46.2-1565.1, 58.1-2405, and 58.1-3506; amends Va. Code by adding a section numbered 46.2-1539.1, by adding in Article 5 of Chapter 15 of Title 46.2 sections numbered 46.2-1545.1 and 46.2-1545.2, by adding in Article 6 of Chapter 15 of Title 46.2 sections numbered 46.2-1557.3 and 46.2-1557.4, and by adding in Chapter 15 of Title 46.2 an article numbered 7.2, consisting of sections numbered 46.2-1573.2 through 46.2-1573.12, an article numbered 7.3, consisting of sections numbered 46.2-1573.13 through 46.2-1573.24, and an article numbered 7.4, consisting of sections numbered 46.2-1573.25 through 46.2-1573.37; and repeals Chapters 19, 19.1, and 19.2 (§§ 46.2-1900 through 46.2-1993.82)

This bill transfers the oversight of recreational, trailer, and motorcycle dealers from the Department of Motor Vehicles to the Motor Vehicle Dealer Board. The bill also provides for representation by recreational, trailer, and motorcycle dealers on the Board and updates the term "T&M" (travel trailers and motor homes) to "recreational." The bill increases the penalty for dealers' noncompliance with requirements for issuance of temporary license plates from a Class 3 misdemeanor to a Class 1 misdemeanor, and creates a Class 1 misdemeanor for failure to comply with safety inspections or disclosures required before the sale of certain types of trailers.

Amends Va. Code §§ 46.2-694, 46.2-711, 46.2-749.5, 46.2-753, 46.2-755, 46.2-1400, 46.2-2000, 46.2-2001.3, 46.2-2011.5, 46.2-2011.6, 46.2-2011.20, 46.2-2011.22, 46.2-2011.24, 46.2-2011.29, and 46.2-2051; and adds in Chapter 20 of Title 46.2 an article numbered 15, consisting of sections numbered 46.2-2099.45 through 46.2-2099.53

•"Transportation network company" means a person who provides prearranged rides using a digital platform that connects passengers with TNC partners.

•"TNC partner" means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth.

•"TNC partner vehicle" means a personal vehicle authorized by a transportation network company and used by a TNC partner to provide prearranged rides on an intrastate basis in the Commonwealth.

This bill establishes a process for the licensing of transportation network companies (TNCs) by DMV, provided that TNCs comply with the requirements for licensure. The bill requires TNCs to screen drivers (TNC partners), ensure that all drivers are at least 21 years old and properly licensed to drive, and conduct background checks on all drivers including a national criminal background check, a driving history report, and status on the state and national sex offender registries.

The bill also requires that TNC partner vehicles be titled and registered personal vehicles; be insured; have a maximum seating capacity of no more than seven persons, excluding the driver; be registered with DMV for TNC use; and display TNC and DMV identification markers. The bill further requires that TNC drivers be covered by a specific liability insurance policy and specifies the nature and limits of the insurance coverage. The bill also imposes several other operational requirements, including requirements that the TNC provide a credential  to the driver and disclose information about the TNC partner and TNC policies to passengers.

The bill authorizes DMV to conduct periodic reviews of TNCs to confirm compliance and authorizes fees to cover DMV's costs of administering the program, an initial TNC license fee of $100,000 and an annual license renewal fee of $60,000. The bill requires DMV to review the fee structure and report by December 1, 2016.

The major features of the legislation are as follows:

Licensing of TNCs

•TNCs are to be licensed by DMV, provided they meet certain minimum standards, identical to the standards that apply under current law to other types of passenger carriers that demonstrate fitness to operate and compliance with the requirements for licensure such as proof of insurance, payment of fees, appointment of agent for service of process.

•Licensing fees intended to cover DMV’s costs of administering the laws regarding TNCs include (a) an initial TNC license fee of $100,000 to be paid by the TNC, and (b) an annual fee of $60,000 for renewal of the TNC’s license. It is required that this fee structure be reviewed one year after implementation to determine if costs are fully recovered or if these fees should be adjusted to achieve that objective.

Screening of drivers

•TNCs must ensure that their drivers are at least 21 years old and are properly licensed to drive. TNCs must conduct comprehensive criminal background checks and driving record checks on every individual applying to work as a TNC driver, and at regular intervals after the individual has begun working as a TNC driver. The background checks must include checking the individual’s status in the Virginia’s Sex Offender and Crimes Against Minors Registry and the U.S. Department of Justice’s National Sex Offender Public Website.

•A criminal record of violent crime (as defined in subsection C of § 17.1-805) will bar an individual from acting as a TNC driver. Anyone required to register as a sex offender will also be barred from operating as a TNC driver.

•A driving history record that includes a record of any of the following offenses in the preceding seven years will bar the individual from operating as a TNC driver:

❖underage drinking and driving

❖DUI

❖operation of a motor vehicle after license revocation resulting from

❖repeated DUI offenses

❖any felony offense (beyond those classed as violent crimes)

•In addition, a record of any of the following within the preceding three years will bar the individual from operating as a TNC driver:

❖three or more moving violations

❖refusal to submit to a chemical test to determine the alcohol or drug content of the person’s blood or breath

❖reckless driving

❖operating a motor vehicle with a suspended or revoked license

❖escaping or eluding a law-enforcement officer

Standards for vehicles

Only personal vehicles may be used, and they must meet the following standards:

• must be validly titled and registered either in Virginia or in another jurisdiction

• must have a current Virginia state safety inspection (even if not registered in Virginia)

• must have a maximum seating capacity of no more than seven persons, excluding the driver

• must be insured by a policy providing coverage for commercial use of the vehicle

• must be registered with DMV for TNC use

• must display both (a) an identification marker issued by DMV identifying the vehicle as registered for TNC use and (b) trade dress issued by the TNC that clearly identifies the TNC with which the vehicle is associated

Insurance

TNC drivers must be covered by a motor vehicle liability insurance policy that specifically covers liabilities arising from a driver’s use of a vehicle to provide TNC services. The liability coverage must meet the following minimums:

•From the moment a TNC driver accepts a ride request until the driver completes the transaction on the TNC’s platform or until the ride is complete, whichever is later, the insurance must provide at least $1 million in primary liability coverage. The policy must also provide the same amount in uninsured motorist and under insured motorist coverage.

•For all other times when a TNC driver is logged on to the app, different insurance requirements will apply, and those requirements will change effective 1/1/2016.

•From 7/1/15 through 12/31/15, the TNC insurance must provide secondary liability coverage of at least $125,000 per person/$250,000 per incident for death and bodily injury, and at least $50,000 per incident for property damage.

In addition, if the driver’s vehicle is covered by a personal policy that doesn’t exclude coverage for TNC operations, then that policy is primary and the TNC insurance is available to provide excess coverage, up to the $125,000/$250,000/$50,000 limits.

Other operating requirements

The following are some of the key additional requirements for TNC operations:

• The TNC must provide a credential to each driver, which may be displayed on the TNC’s mobile app, that includes information identifying the driver, the vehicle, and the TNC with which the driver is affiliated.

• Before a passenger enters a TNC driver’s vehicle, the TNC’s app must provide the passenger with the name and a photograph of the driver who will provide transportation and with the vehicle’s license plate number.

• At the end of the trip, the customer must be given an electronic receipt that includes the date and time of the trip, the fare charged, a map of the route taken, information identifying the TNC driver and contact information by which additional support may be obtained.

• A TNC must make available immediately upon request to authorized representatives of DMV, law enforcement agencies, and airport authorities information about individual trips arranged through the TNC, including information identifying the driver, vehicle, origin and destination points of the trip, and passenger pick-up and drop-off-times.

• The TNC must disclose to passengers, via its app and website, information regarding its screening criteria for drivers, its zero-tolerance policy regarding drugs and alcohol, its method for calculating fares, its means of reporting driver misconduct, and other matters.

• The TNC must disclose to its drivers the nature and limits of its insurance coverage, the possible limits of the driver’s personal automobile insurance coverage with respect to TNC operations, and the possible concerns of lienholders regarding commercial use of a personal vehicle, among other things.

• TNCs must adopt and enforce a policy of nondiscrimination on the basis of a passenger’s points of origin and destination. TNC partners must comply with all applicable laws regarding nondiscrimination against passengers. Among other things, this means that they may not impose additional charges for providing services to persons with disabilities because of those disabilities, and that they shall comply with laws relating to accommodation of service animals.  DMV may deny, suspend or revoke the operating authority or levy civil penalties against a TNC for failure to comply with the Americans with Disabilities Act or the Virginians with Disabilities Act.

• A TNC may provide service on a prearranged basis only.  Street hails are prohibited.

• TNC drivers may only accept riders through the TNC’s mobile app or digital platform. A TNC driver may not otherwise arrange or accept any fares for for- hire transportation services.

• A TNC that knows a driver is engaging in off-app activity is required to remove the driver from the app for a minimum of one year.

• TNCs may not conduct any operations on the property of or into any airport, unless such operations are authorized by the airport authority involved.

• An enactment clause clarifies that current motor carriers are free under current law to offer services through an online digital platform.  However, if they use personal vehicles then they are subject to the fees and rules applicable to TNCs.

Recordkeeping and reporting

•DMV will have the authority to conduct periodic reviews of TNCs to confirm compliance with the above requirements.

•TNCs must therefore keep and maintain records necessary to demonstrate such compliance, including the results of criminal history and driving record reports on TNC drivers, proof of insurance, vehicle safety inspection records, proof that a TNC partner certified the consent of vehicle owners, lessors and lessees prior to a vehicle being registered for TNC use, and any other information DMV identifies as necessary to confirm compliance.

•For purposes of compliance review, such records must be kept and retained for three years in a manner that permits systematic retrieval.

•TNCs must also maintain records that may be needed by law enforcement authorities, including ride-specific data.

•Any of the information obtained by DMV, law enforcement, or airport officials will be considered privileged information and will not be subject to disclosure except to other law enforcement authorities as needed.

The bill contains several enactment clauses:

•Notwithstanding any other provision of law, a personal automobile insurer may, at its discretion, offer an automobile liability insurance policy, or an amendment or endorsement to an existing policy that covers a motor vehicle with a seating capacity of eight or fewer persons, including the driver, while used in connection with a transportation network company's digital platform.

•The provisions of this act adding § 46.2-2099.52 shall become effective on January 1, 2016.

•No provision of this act or existing law shall be construed to prevent any motor carrier regulated under the existing provisions of Chapter 20 (§ 46.2-2000 et seq.) of Title 46.2 from offering services through an online digital platform, unless such motor carrier chooses to operate as a transportation network company.

Amends Va. Code §§ 46.2-1600, 46.2-1601, 46.2-1602, 46.2-1603.2, 46.2-1605,

46.2-1608, and 46.2-1608.2

This bill contains the following components:

•Creates a new definition of “vehicle” and defines when a vehicle is no longer considered a vehicle.  This occurs when DMV records show the vehicle has been demolished or declared nonrepairable.

•Creates a definition of cosmetic damage to be placed in § 46.2-1600, which will allow cosmetic damage to be deducted from a vehicle’s percent of damage estimate to prevent it from being declared nonrepairable – thus allowing it to be rebuilt and remain on the road.

•Eliminates the definition of “repaired vehicle” brand and expands the definition of “rebuilt vehicle,” thus ensuring that salvage vehicles with damages not exceeding 90% of actual cash value will be branded.

•Requires use of DMV’s vehicle disposition reporting system (VDR) for all Auto Recycler licensees (currently optional). This will ensure timely and accurate reporting of the death of the vehicle so the vehicle record will reflect that the vehicle has been demolished or declared nonrepairable.

•Eliminates the requirement that insurance companies submit repair estimates when declaring a stolen vehicle nonrepairable. As a vehicle which is declared nonrepairable can never again be rebuilt for use on the highways, repair estimates are unnecessary.

•Creates an ‘umbrella’ category of license –Auto Recycler – that will make it easy for licensees to register to conduct multiple types of activities under one license (for instance, as a demolisher and a rebuilder). This will not change the existing types of licenses, but will allow a licensee the option of one application instead of being required to submit an application for each type of business. The Auto Recycler license will reflect each of those businesses in one document.

•Auto Recycler licensing is processed by the Dealer Services work center.

•Requires rebuilt salvage vehicles to undergo and pass a new state safety inspection prior to undergoing a DMV anti-theft examination. The safety inspection will ensure that the rebuilt vehicle meets the standards required for safe operation on the highways for any vehicle.

•Provides DMV law enforcement with the authority to halt the anti-theft examination process in place until any questionable aspects of the vehicle have been addressed. This would not require starting the process over from the beginning, but rather simply picking back up at the point the process was halted. This approach would also mean the vehicle owner would not incur a second or subsequent DMV anti-theft examination fee.

•Requires salvage pools to collect and maintain information on their buyers, as they already do on their sellers, and to provide this information to law enforcement as needed. This provides a record trail in the event buyers (as well as sellers) need to be informed of any irregularities in the vehicle or in the transaction.

Amends Va. Code § 46.2-625 and adds § 46.2-602.4

This bill establishes titling and registration requirements for off-road motorcycles converted to on-road use and includes off-road motorcycles converted to on-road use in existing titling requirements for non-conventional vehicles. The bill requires individuals who convert off-road motorcycles to on-road use to certify that the vehicle (i) passed Virginia safety inspections, (ii) meets all federal safety standards, and (iii) is properly labeled. The bill makes falsifying the required certification a Class 1 misdemeanor. This bill is a result of the 2014 Non-Conventional Vehicles Study completed by DMV.

The headquarters Titling work center will process all converted off-road motorcycles to on-road use. Customers and Customer Service Centers will mail all paperwork to the Titling work center.

Amends Va. Code by adding § 46.2-203.2

This bill provides that DMV may establish an emergency contact program to allow customers to give DMV an emergency contact person (up to 2) and information to keep in their customer record to be made available to law-enforcement officers in emergency situations. In the event of an emergency situation, local law enforcement in the exercise of their official duties would be able to access the DMV information on emergency contacts through the Virginia Criminal Information Network (VCIN). The emergency contact information will not appear on any DMV transcripts, will not be shown on the customer’s record and will not be distributed to anyone except law enforcement officers.

The specific statutory authority to collect such information would provide customers with the opportunity to provide emergency contact information voluntarily and free of charge to DMV using a special application that is being developed. The application will also provide program details and specifics on how the program works. Customers will be permitted to provide two contacts (name, address, and phone number) that will be stored in the DMV database. DMV will also provide a method on-line by which applicants submitting emergency contact information to the Department may submit such information electronically pursuant to § 46.2-216.1.

A new DMV form and brochure will be created for this new program. In addition, it will be added to the DL5 (Minor ID Card Application).  Customers will have the ability to add, modify, and delete emergency contact. Customers can submit emergency contact information by mail, online, or come in to a CSC/DMV Direct. The DMV system will produce an Acknowledgment Form to customer. There is no fee associated with this program.

The provisions of this bill becomes effective January 1, 2016.

Amends Va. Code § 46.2-380

This bill grants next of kin of any person injured or killed in an accident, except for minors, access to reports of the accident maintained by DMV. Access to reports of accidents involving a minor is only available to his parent or guardian.

“Next of kin” as defined in § 54.1-2800 means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54.1-2825, the legal spouse, child over 18 years of age, custodial parent, noncustodial parent, siblings over 18 years of age, guardian of minor child,

guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship.

•        Any person who is the next of kin of a person age 18 or older that was injured or killed in a crash may request a crash report.

•        CRD-93 Information Request form has been revised to add a check box for requestor to indicate they are next of kin.

Amends Va. Code § 46.2-383

This bill prohibits DMV from releasing information (conviction code and description) on non-motor vehicle related offenses committed by juveniles to anyone other than the person himself, his parent or guardian, law-enforcement officers, attorneys for the Commonwealth, and courts. This means that non-motor vehicle related information will not appear on certain driver transcripts.

The Information Request (CRD 93) form has been revised to include a “Reason For Request” section for customers to select the type of driving transcript being requested.

The employment transcript (EM) record type header/description has been expanded to read “Employment/School/Military” and will be used for customers requesting their driving history for the purposes of employment, college admissions, or military enlistment.

The description for juvenile non-motor vehicle related events will display on the employment (EM) and insurance (IN) transcripts as:

JV/NON-MOTOR VEHICLE RELATED

The conviction code field for non-motor vehicle related offenses will be blank. Motor vehicle related information will display on all driver transcripts.

Motor vehicle related information will display on all driver transcripts.

Personal use (PU) transcripts will display all motor vehicle and non-motor vehicle related events and/or findings.

This resolution requests the Bureau of Insurance to study the use by insurers of insured’s or applicant's credit information in connection with underwriting motor vehicle insurance policies. The Bureau of Insurance shall submit a report of its findings and recommendations to the Chairmen of the House Committee on Commerce and Labor and the Senate Committee on Commerce by October 1, 2016. Technical assistance shall be provided to the Bureau of Insurance by the

Department of Motor Vehicles. All agencies of the Commonwealth shall provide assistance to the Bureau of Insurance for this study, upon request.

Amends Va. Code § 46.2-345

This bill allows special identification cards issued by DMV to indicate, when requested by the applicant, his parent if the applicant is a minor, or his guardian, that the applicant (i) is an insulin-dependent diabetic, (ii) is hearing or speech impaired, or (iii) has an intellectual disability, as defined in § 37.2-100, or autism spectrum disorder, as defined in § 38.2-3418.17. Current law allows only the applicant to request an indicator on a special identification card.

An authorization box has been added to page 2 of the DL1P. By checking the box the parent/guardian is authorizing their request for the special indicator to be shown on the ID card on behalf of the applicant.

Amends Va. Code § 46.2-345

This bill provides that persons convicted in a federal court of an offense substantially similar to Virginia's DUI law may petition the Virginia general district court in the jurisdiction in which they reside for a restricted driver's license. Currently, only persons convicted in other states of substantially similar DUI offenses may so petition. The bill also requires that, as a condition of a restricted license, a person who has been convicted of a substantially similar DUI offense under the laws of another state or the United States install and successfully completes the ignition interlock requirement.

If the court, as a condition of license restoration or as a condition of a restricted license or when required by § 18.2-270.1, fails to prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system, the Commissioner shall enforce the requirements relating to installation of such systems in accordance with the provisions of § 18.2-270.1.

This bill contains an emergency clause and was effective April 15, 2015.

Amends Va. Code § 46.2-345.1

The bill now defines "veteran" for the purposes of issuance of a veteran’s identification card as a Virginia resident who has:

•Served in the United States armed forces or, the reserves, or the Virginia National Guard for more than 180 days; and

•Been discharged or released from duty under “honorable” or “general” conditions

As a result of this bill, reservists and Virginia National Guard members are now eligible to obtain a veteran’s ID card as long as they meet the criteria noted above.

Reserves and National Guard are being added to the options in the Branch of Service field on the veterans ID card issuance screen. In addition, the list of acceptable proof documents has been expanded to include the National Guard Report of Separation and Record of Service (NG22).

The fee for the issuance of an original or replacement veterans ID card is still $10. The veteran’s identification card cannot be used for determination of any federal benefits.

Amends Va. Code § 46.2-816

This bill amends § 46.2-816 of the Code to prohibit operators of a motor vehicle from following any other vehicle (not only motor vehicles) more closely than is reasonable. The non-motor vehicles include bicycles, electric assistance mobility devices, electric power-assisted bicycles, and mopeds among vehicles that the driver of any motor vehicle shall not follow more closely than is reasonable.

Amends Va. Code § 46.2-1025

This bill specifies that vehicles that assist with the management of roadside and traffic incidents or perform traffic management services along public highways may be equipped with flashing, blinking, or alternating amber warning lights. Virginia's "move over" law applies to such vehicles. A violation of this provision is punishable as a traffic infraction.

Amends Va. Code § 46.2-838

This bill requires the driver of any motor vehicle overtaking a vehicle used to collect or deliver the United States mail that is displaying a flashing, blinking, or alternating amber light to proceed with due caution and maintain a safe speed. A violation of this provision is punishable as a traffic infraction.

Amends Va. Code § 46.2-838

This bill requires that certain procedures be followed when passing certain stationary refuse collection vehicles. A violation of this provision is punishable as a traffic infraction. When passing a refuse-collection vehicle on a highway with fewer than four lanes, the driver of the motor vehicle is to decrease his or her speed by ten miles per hour below the posted speed limit and pass at least two feet to the left of the refuse-collection vehicle.

When passing a refuse-collection vehicle on a highway with at least four lanes and at least two lanes intended for traffic proceeding in the same direction, the driver of the motor vehicle is to pass in a lane not adjacent to the refuse-collection vehicle while yielding the right-of-way.

Amends Va. Code § 46.2-804

This bill allows drivers to cross double yellow lines in order to pass a pedestrian or a device moved by human power, including a bicycle, skateboard, or foot-scooter, if such movement can be made safely.

Amends Va. Code § 46.2-118

This bill prohibits tow truck drivers and towing and recovery operators from knowingly towing a motor vehicle with occupants while on a public highway.

Amends Va. Code § 46.2-909

This bill allows a driver of a motorcycle to stand on the foot pegs for no longer than necessary when dictated by safety concerns.

Amends Va. Code § 2.2-603

This bill provides that the director of every department in the executive branch of state government shall be responsible for securing the electronic data held by his department and shall comply with the requirements of the Commonwealth's information technology security and risk management program as developed by the Chief Information Officer.

Amends Va. Code by adding §§ 2.2-436, 2.2-437, 59.1-550 through 59.1-555

This bill creates the Identity Management Standards Advisory Council to advise the Secretaries of Technology and Transportation on the adoption of technical and data standards regarding the verification and authentication of identity in digital and online transactions. The bill establishes in the Code of Virginia the concept of an identity trust framework operator, an entity that establishes rules and policies for identity providers operating within the framework and issues electronic trust marks to such providers signifying compliance with the rules and policies of that trust framework. The bill also limits liability for providers that adhere to the adopted standards, the applicable contract terms, and the rules and policies of the identity trust framework provider, absent gross negligence or willful misconduct. The bill provides that the provider's adherence to the adopted standards and applicable contract terms of the identity framework shall satisfy any requirement for a commercially reasonable security or attribution procedure under Title 8.4A (Commercial Code), the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), and the Uniform Computer Information Transactions Act (§ 59.1-501.1 et seq.).

Amends Va. Code § 46.2-1148.1

The bill specifies that permits are to be issued to trucks hauling forestry products, and indicates what the weight limits of such trucks shall be with specific weight limits for different vehicle configurations. The bill defines “forestry products” as raw logs to market and wood residuals, including wood chips, sawdust, mulch, and tree bark. The bill allows these permits to be issued on all unrestricted routes as found in § 46.2-1141 through § 46.2-1149.5. Vehicles carrying forestry products shall not exceed 55 miles per hour.

Amends Va. Code § 46.2-1110

The bill exempts from penalties applicable to over height vehicles the driver of any vehicle exceeding the prescribed maximum height who is attempting to drive through the westbound tunnel of the Hampton Roads Bridge Tunnel and who elects to wait until the end of peak traffic periods so that the Department of Transportation or State Police may safely stop traffic and allow the vehicle to proceed  in the opposite direction.

Amends Va. Code § 46.2-1177

The bills exempt autocycles that have not been emissions certified with an on-board diagnostic system by the U.S. Environmental Protection Agency from the motor vehicle emissions inspection program.

•        Autocycles are exempted from motor vehicle emissions inspection program

Amends Va. Code § 46.2-1530

This bill impacts motor vehicle dealer buyer’s orders. DMV system changes were not required.  VLIC 3.000 - “Titling a Motor Vehicle” definitions have been updated.

Buyer’s orders for new motor vehicles that have accumulated more than 750 miles as a demonstrator or as a result of delivery to a prospective purchaser who never took title to the new motor vehicle and returned it can be sold as new.

The previous gross vehicle weight rating (GVWR) limit of 16,000 pounds was removed. The dealer is required to provide a written disclosure provided in Va. Code § 46.2-1530(D).

Tractor trucks, trucks having a gross vehicle weight rating of 16,000 pounds or more, and semi-trailers are exempt from buyer’s orders.

Amends Va. Code § 46.2-644.03

In the Mechanics/Storage Lien (MSL) process this bill increases to $12,500 (formerly $10,000) the maximum value of property that may be sold at auction to satisfy a lien on a motor vehicle without petitioning for a court order for the sale of the property. The bill also requires the Commissioner of the Department of Motor Vehicles to determine the value of the property by using the trade-in value of the vehicle as found in a recognized pricing guide (National Auto Dealers Association (NADA) and to communicate such value to the bailee. The MSL transcripts will display the NADA Trade Value in place of the current loan value.

•VLIC 127- updated and includes instructions on how to use the Internet NADA guide to determine a vehicle’s value when the trade-in value is not available in the system

•VSA 41– updated

•Additional updates not related to SB 1085 include:

1. Signature not required for Certified Mail Electronic Notifications

2. Definition of Independent Appraiser - someone who provides the MSL applicant with an estimated trade-in value appraisal and does not gain income or have personal or business related interest in the sale or ownership of the vehicle.

This bill authorizes that on receipt of an application and following the provisions of

§ 46.2-725 the Commissioner shall issue special license plates for supporters of curing childhood cancer bearing the legend CURE CHILDHOOD CANCER. This bill may be known as "The Mathias Bill."

The bill contains an emergency clause and was effective March 26, 2015.

Amends Va. Code § 46.2-739

Overview

This bill permits veterans who have been certified by the U.S. Department of Veterans Affairs as having any service-connected disability to be issued disabled veteran license plates. The bill also provides that no annual registration fee and no annual fee shall be required for any one motor vehicle owned and used personally by any disabled veteran who 1) has either lost, or lost the use of, a leg, arm, or hand; 2) is blind; or 3) is permanently and totally disabled as certified by the U.S. Department of Veterans Affairs. The unremarried surviving spouse of such disabled veteran is eligible to receive the plate.

Disabled veterans that have any other service connected disability are eligible to receive disabled veteran plates, but registration and annual plate fees apply for all sets.

DMV Impact

The Certification of Disability (VSA 54) has been revised to include:

•Ability to apply for disabled placard and/or disabled plates (International Symbol of Access)

•Added disability description of “other service-connected” for the new group of eligible veterans

Created Registration Exemption Code of “VF” that must be used for disabled veterans that have “other service-connected” disabilities.

Procedures have been updated to reflect changes and created VLIC 4.211 – “Disabled Veteran License Plates”.

DMV will accept as certification of the veteran’s disability either the Veteran Certification of Disability (VSA 54) or U.S. Department of Veteran Affairs Benefit Letter. After the transaction is complete, send a copy of the certification document and License Plate Application (VSA 10) to Special Registration through Landing Zone.

This bill authorizes that on receipt of an application and following the provisions of § 46.2-725 the Commissioner shall issue special license plates for supporters of Newport News Shipbuilding bearing the legend NEWPORT NEWS SHIPBUILDING.

This bill authorizes the issuance of special license plates for recipients of the Legion of Merit Medal upon receipt of an application and written evidence that the applicant has been awarded a Legion of Merit Medal. For each set of license plates issued to recipients of a Legion of Merit Medal, the Commissioner shall charge a one-time fee of $10 at the time the plates are issued in addition to the prescribed fee for state license plates. Such license plates shall not be subject to the provisions of subdivision B 1 or B 2 of § 46.2-725 of the Code of Virginia. The design of license plates issued to persons who have been awarded this decoration may vary to reflect the degree of such decoration. Surviving spouses of persons eligible to receive special license plates for recipients of the Legion of Merit Medal who have not remarried may also be issued such license plates.

Amends Va. Code § 58.1-2403

This bill expands the exemption from payment of the motor vehicle sales and use tax for gifts of vehicles to certain family members to include gifts from a child to his parent.

Amends Va. Code § 58.1-3523

The bills add autocycles to those motor vehicles that qualify for tangible personal property tax relief. Beginning in 2016, certain localities will be required to apply tangible personal property tax relief to autocycles used for non-business purposes.

•Autocycles qualify for tangible personal property tax relief

•Additional updates not related to SB 1085 include:

1. Signature not required for Certified Mail Electronic Notifications

2. Definition of Independent Appraiser - someone who provides the MSL applicant with an estimated trade-in value appraisal and does not gain income or have personal or business related interest in the sale or ownership of the vehicle.

The provisions of this bill become effective January 1, 2016.

Amends Va. Code §§ 15.2-968.1 and 16.1-106

This bill provides that an operator of a motor vehicle found in violation of an ordinance created to enforce photo-monitoring systems for traffic lights has a right to appeal to the circuit court in a civil proceeding. The bill also reduces from $50 to $20 the amount of the matter in controversy above which an appeal of right exists in a civil case.

Amends Va. Code § 46.2-739

This bill provides that the parties to a marriage shall be able to designate themselves on the application for marriage license as spouse, bride, or groom. The bill also requires the clerk of court to retain one copy of a completed marriage certificate and provide the other copy to the State Registrar of Vital Records.

Amends Va. Code §§ 2.2-507, 2.2-1122, 2.2-1205, 2.2-1206, 2.2-2821.2, 2.2-4501, 4.1-206, 8.01-66.2, 8.01-66.5, 8.01-66.7, 8.01-66.8, 8.01-225, 8.01-226.5:2, 8.01-420.2, 8.01-581.13, 8.01-581.19, 9.1-300 through 9.1-303, 9.1-400, 9.1-700, 9.1-801, 10.1-1141, 15.2-622, 15.2-831, 15.2-953, 15.2-954.1,

15.2-955, 15.2-1512.2, 15.2-1714, 15.2-1716, 15.2-1716.1, 16.1-228, 18.2-51.1, 18.2-121.2, 18.2-154, 18.2-174.1, 18.2-212, 18.2-340.16, 18.2-340.23, 18.2-340.34:1, 18.2-371, 18.2-371.1, 18.2-414.1,     18.2-426, 18.2-429, 18.2-488.1, 22.1-279.8, 27-1 through 27-3, 27-4, 27-6.1, 27-7, 27-8, 27-9, 27-10, 27-11, 27-13, 27-14, 27-15.1, 27-15.2, 27-17, 27-17.1, 27-20, 27-21, 27-23.1 through 27-23.5, 27-23.9, 29.1-355, 29.1-530.4, 29.1-702, 29.1-733.7, 32.1-45.1, 32.1-46.02, 32.1-111.1 through 32.1-111.9, 32.1-111.12, 32.1-111.13, 32.1-111.14, 32.1-111.15, 32.1-116.1:1, 32.1-116.3, 32.1-283.2, 32.1-291.12, 33.2-262, 33.2-501, 33.2-503. 33.2-613, 35.1-25, 38.2-1904, 38.2-2005, 38.2-2201, 38.2-2202, 38.2-3407.9, 40.1-79.01, 40.1-103, 44-146.28, 45.1-161.199, 46.2-208, 46.2-334.01, 46.2-502, 46.2-644.2, 46.2-649.1:1, 46.2-694, as it is currently effective and as it may become effective, 46.2-698, 46.2-726, 46.2-735, 46.2-752, 46.2-818, 46.2-915.1, 46.2-920, 46.2-921, 46.2-1020, 46.2-1023, 46.2-1024, 46.2-1025, 46.2-1027, 46.2-1028, 46.2-1029.2, 46.2-1044, 46.2-1052, 46.2-1076, 46.2-1077.1, 46.2-1078.1, 46.2-1239, 46.2-1900, 46.2-2000.1, 51.1-153, 51.1-155, 51.1-169, 51.1-1200, 51.1-1201, 51.1-1203, 51.1-1204, 51.1-1206, 51.1-1207, 51.1-1208, 53.1-47, 53.1-133.8, 54.1-829, 54.1-3408, 56-484.14, 57-60,

58.1-1404, 58.1-1505, 58.1-2226, 58.1-2235, 58.1-2250, 58.1-2259, 58.1-2403, 58.1-3506, 58.1-3610, 58.1-3833, 58.1-3840, 63.2-100, 63.2-1515, 65.2-101, 65.2-102, 65.2-402, 65.2-402.1; 66-25.1 and amends Va. Code by adding sections numbered 27-6.01, 27-6.02, 27-15.1:1, 32.1-111.4:1 through 32.1-111.4:8, and 32.1-111.14:2 through 32.1-111.14:9; and repeals Va. Code §§ 27-8.1, 27-19, 27-23.6, 32.1-111.10, and 32.1-111.11.

This bill revises terminology related to fire services and emergency medical services and reorganizes provisions governing fire services and emergency medical services. The changes include:

•Using emergency medical services agency in place of rescue squad.

•Using emergency medical services vehicle in place of rescue, lifesaving, and ambulance.

•Using emergency medical services personnel in place of rescue squad members.

This bill also makes changes to the code sections related to governing of fire services and emergency medical services in order to improve legal and operational clarity between fire and EMS. The provisions of this act amending §§ 38.2-2201 and 38.2-2202 shall become effective on January 1, 2016.

Amends Va. Code §§ 2.2-2012, 2.2-4301, 2.2-4302.2, 2.2-4303, 2.2-4304, 2.2-

4343, 23-38.110, and 33.2-283; adds §§ 2.2-4303.1 and 2.2-4303.2.

This bill clarifies that small purchase procedures include the procurement of non transportation-related construction and that any such procedures shall not waive compliance with the Uniform State Building Code. The bill adds independent agencies of the Commonwealth to the definition of public body under the VPPA. The bill also increases contract amounts for job order contracting and provides that (i) order splitting with the intent of keeping a job order under the maximum dollar amounts prescribed is prohibited, and (ii) no public body shall issue or use a job order, under a job order contract, solely for the purpose of receiving professional architectural or engineering services that constitute the practice of architecture or the practice of engineering as those terms are defined in § 54.1-400. However, professional architectural or engineering services may be included on a job order where such professional services are (a) incidental and directly related to the job, (b) do not exceed $25,000 per job order, and (c) do not exceed $75,000 per contract term. The bill also provides that job order contracting shall not be used for construction, maintenance, or asset management services for a highway, bridge, tunnel, or overpass. The bill clarifies the provisions of the VPPA related to cooperative procurement and requires that by October 1, 2017, the Department of Small Business and Supplier Diversity, public institutions of higher education having level 2 or 3 authority under the Restructured Higher Education Financial and Administrative Operations Act of 2005, any state agency utilizing job order contracting, and the Virginia Association of Counties, the Virginia Municipal League, and the Virginia Association of Governmental Purchasing, on behalf of local public bodies, working cooperatively report their respective experiences and findings relating to the appropriateness and effectiveness of job order contracting in general, the job order project cost limitations as added by this bill, and the architectural and professional engineering term contract limits to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology. The bill also requires that for construction projects in excess of $2 million, a public body, including public institutions of higher education, must provide its justification for use of any procurement method other than competitive sealed bidding to the Director of the Department of General Services. The bill requires the State Corporation Commission (SCC) to develop a process for the administrative review of its procurement decisions that is consistent with the Constitution of Virginia. The bill further provides that its provisions shall not apply to any solicitation issued or contract awarded before July 1, 2015, except that the provisions of subsection B of § 2.2-4303.2, as added by this bill, shall apply to any renewal of a job order contract. The bill contains numerous technical amendments.

Amends Va. Code § 33.2-500

This bill clarifies that law-enforcement vehicles may use HOT lanes without paying a toll in the performance of law-enforcement duties, which shall not include the use of such vehicles for commuting to and from the workplace or for any purpose other than responding to an emergency incident, patrolling HOT lanes pursuant to an agreement by a state agency with the HOT lanes operator, or the time-sensitive investigation, active surveillance, or actual pursuit of persons known or suspected to be engaged in or with knowledge of criminal activity.

Amends Va. Code § 46.2-1601.1

This bill prohibits advertising to the public the sale, transport, delivery, removal, or receipt of a salvage or non-repairable vehicle, or the major component parts of such vehicle, unless the seller is a licensee or an exempt individual. The bill requires a licensee advertiser to display its salvage license number in such advertisement and to state in any such advertisement placed in a newspaper, online, or by other electronic means the company's name, address, and telephone number in addition to its salvage license number.