2016 Legislative Bulletin

This bill has a delayed effective date of January 1, 2017.

Amends Va. Code by adding § 46.2-707.1

This bill allows DMV to establish an uninsured motor vehicle (UMV) fee payment plan to allow individuals to pay the $500 UMV fee through an installment plan with the Department, when their driving and vehicle registration privileges have been suspended/revoked for one of the following reasons:

•IM01, IM02, IM03 and IM04 orders for failure to comply with insurance monitoring requirements

•CV01 for conviction of operating or permitting the operation of a motor vehicle

To be eligible to enter the payment plan, the person must (1) have an outstanding suspension imposed for one of the above reasons; and (2) have met all other requirements/conditions for reinstatement, except payment of the UMV fee.

When entering the payment program, the person signs an agreement with DMV and pays a $25 administrative fee along with the license reinstatement fee (if not already satisfied).  The administrative fee is used by DMV solely to cover the cost of administering the program.

DMV will reinstate the driving and registration privileges once the individual: (1) enters into a payment plan agreement with DMV; (2) pays the license reinstatement fee; (3) pays an administrative fee; and (4) files proof of financial responsibility (SR-22) with the Commissioner.

In cases of nonpayment or missed payments, DMV will re-suspend the person’s driving and vehicle registration privileges.  A person may repay the total balance of the statutory fee at any time during the repayment period.  Drivers who enter the installment plan and later default will not be eligible to enter a subsequent statutory fee installment plan.

DMV is only authorized to offer an installment payment plan for the uninsured motor vehicle fee.

Amends Va. Code §§ 46.2-205.2, 46.2-214, 46.2-328, and 46.2-330, and adds § 46.2-214.4.

This bill allows for the following:

1.Permits DMV to partner with contractors of other state and federal agencies in the event such agencies have engaged a vendor to perform customer service transactions. DMV would be allowed to receive a portion of the transaction fee required by the responsible agency or contractor to defray the costs of the transaction to the Department.

2. Prohibits DMV from charging fees to federal, state, and local government agencies for information they request provided that such agencies do not charge the Commonwealth when it requests the same or substantially similar information from those agencies.

3. Authorizes DMV to provide a $1 discount for specified DMV transactions that are conducted via the Internet. The types of transactions include driver’s license renewals, driver's license duplicates or reissues, identification card renewals, identification card duplicates or reissues, and title replacements. In order to take advantage of the $1 discount, the applicant must be otherwise eligible to complete the transaction online.

4.Provides a new classification for a regular driver’s license.  Prior to July 1, 2016 driver’s license holders were issued a driver’s license indicating a classification of “none”.  Effective July 1, 2016 a driver’s license authorizing the operation of non-commercial vehicles will indicate a classification of “D”.  This change aligns Virginia with the majority of other states that display a special classification for a regular driver’s license; most of which use a “D”.  The back of the class “D” license will decode the class “D” as an “operator’s license”.  Previously issued driver’s licenses displaying “none” in the “Class” field on the face of the license will remain valid until expiration.  If a driver wishes to change his driver’s license to reflect the new “D” classification, he must apply for a driver’s license reissue and pay the appropriate issuance fee.

5.Eliminates the requirement that individuals under the age of 21 who have one or more convictions re-take the driver’s license written examination prior to renewal. In addition, this bill removes the requirement that driver’s licenses and learner’s permits expire on an applicant’s 20th birthday.  Effective July 1, 2016, drivers age 16 and 17 will be issued a driver’s license for the standard 8 year duration.

Amends Va. Code § 46.2-1158.01

This bill allows the purchaser of a motor vehicle, trailer, or semitrailer from an auto auction to operate such vehicle without a safety inspection from the auction to an official safety inspection station on the same day the purchaser removes the vehicle from the auto auction if the inspection station is located between the auction and the purchaser's residence or place of business or within a five-mile radius of such residence or place of business.

Amends Va. Code §§ 46.2-341.4, 46.2-341.14, 46.2-341.14:1, 46.2-341.14:3, and 46.2-341.14:9

This bill provides that the Commissioner of DMV may designate Virginia community colleges to administer CDL knowledge and skills tests to students enrolled in a commercial driver training course offered by that Community college.  The Virginia Community Colleges, like other Third Party Testers, will submit the test results electronically through the Extranet system.  If presented with an electronic Certificate of Completion (DL64), the DMV Customer Service Representative should review the customer’s record to ensure test results have been posted and process in accordance with the Driver’s License Guide (DLG).

This bill provides that any person who knowingly and willfully fits a dog with a harness, collar, vest, sign, or identification card commonly used by a person with a disability in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog in a public place is guilty of a Class 4 misdemeanor.

Under the Americans with Disabilities Act when it is not obvious what service an animal provides, only limited inquiries are allowed. Questions that may be asked are: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Questions may not be asked about the person’s disability, medical documentation may not be required, a special identification card or training documentation for the dog may not be required, or the person using the dog may not be asked to have the dog demonstrate its ability to perform the work or task. 

Amends Va. Code §§ 32.1-292.2, 46.2-342, and 46.2-345

This bill eliminates the requirement that a person indicate his willingness to make an anatomical gift (be an organ donor) every time he renews or replaces his license. Once an applicant responds “yes,” DMV will no longer be required to ask a person if he wants to remain an organ, eye and tissue donor.

If a person wishes to rescind his consent to be an organ donor, he may do so in person at the customer service center, by telephone or by going to Donate Life VA Registry at www.DonateLifeVirginia.org. To remove the organ donor indicator from the driver’s license or ID card, a replacement license or original ID card would be issued.

Amends Va. Code §§ 19.2-386.2, 19.2-386.2:1, 19.2-386.10, and 19.2-386.14

This bill authorizes Commonwealth’s Attorneys to notify DMV electronically rather than via certified mail when a vehicle is seized.  Commonwealth’s Attorneys may submit the seized vehicle notifications to DMV by:

Fax:  (804) 367-6679        Email:  titleregwc@dmv.virginia.gov

The bill eliminates the requirement that DMV provide the amount of the lien on the seized vehicle and continues to require the Commissioner provide the Commonwealth’s Attorney with a certification that includes the name and address of the vehicle owner(s), and the name and address of the lienholder(s).

In addition, this bill prohibits a law-enforcement agency from requesting, requiring, or otherwise inducing a person who asserts a lawful right to property seized for the purpose of forfeiture to waive his interest in or rights to the property until information is filed. It allows for a forfeiture proceeding to be stayed if it is also related to a warrant. The Department of Criminal Justice Services will be required to prepare an annual report to the Governor and General Assembly regarding information on all drug and non-drug asset seizures and forfeitures. The report shall be available to the public.

Amends Va. Code § 24.2-418

This bill removes the requirement that the following persons registering to vote provide information regarding the circumstances under which his right to vote has been restored:

i.persons previously adjudicated incapacitated and disqualified to vote, or

ii.persons convicted of a felony and that his right to vote has been restored.

Amends Va. Code §§ 46.2-1700, 46.2-1701, and 46.2-1702 and adds § 46.2-1701.4

This bill allows DMV to license Virginia driver training schools to provide computer-based driver education courses for the classroom portion of driver education.  The content of such programs shall be comparable to that of courses offered in the Commonwealth’s public schools.  DMV will establish minimum standards for testing students who complete an online course.  These requirements will include such things as requirements for the test sites and methods to verify that the person taking the test is the person enrolled in the course. 

Note: Computer-based driver education providers may not issue a certificate of completion to a student in Planning District 8 prior to receiving proof of completion of the additional minimum 90-minute parent/student driver education component pursuant to § 22.1-205.

The Certificate of Completion (DTSB) has been revised to reflect the new school type, “N”, for online classroom instruction that was completed online.   The Driver License and ID Work Center will continue to process majority of the certificates of completion submitted by driver training schools.   However, if presented with the DTSB, the Customer Service Representative should be sure to enter “N” for the “School Type” for online classroom instruction and process the certificate in the usual manner.

Amends Va. Code § 46.2-325

This bill allows a person less than 19 years of age who has failed the behind-the-wheel examination for a driver's license three times to take a course of instruction based on the Virginia Driver's Manual before taking the examination a fourth time if such person has previously completed the classroom component of driver instruction at a driver training school.

Amends Va. Code §§ 46.2-323, 46.2-324.1, 46.2-334, 46.2-334.01, 46.2-335, and 46.2-335.2

This bill:

•Limits holders of a learner’s permit to having no more than one passenger under age 21. This prohibition does not apply to members of the driver’s family.  The bill also prohibits the holder of a learner’s permit from operating a motor vehicle on the highways of the Commonwealth while using any cellular telephone or any other wireless telecommunications device, regardless of whether or not such device is handheld except in a driver emergency or when the vehicle is lawfully parked or stopped.

•Removes the exception that a provisional driver's license holder under age 18 may have more than one passenger under age 21if a parent is present, and clarifies that the passenger limitations on all provisional driver's licenses do not include household or family members. The bill also amends the definition of “a member of the driver's family or household” to include first cousin.

•Changes the minimum learner’s permit holding periods and driver’s education requirements for 18 year olds.  Prior to these changes, 18 year olds had a minimum 9 month holding period for both a learner’s permit and motorcycle learner’s permit and they were required to successfully complete approved driver’s education.  This bill changes these requirements as follows:

oIndividuals age 17 and younger must hold a learner’s permit for at least 9 months and applicants age 18 and older are required to hold a learner’s permit for at least 60 days.

oApplicants for a motorcycle classification who are age 17 or younger are required to hold a motorcycle learner’s permit for at least 9 months and motorcycle classification applicants age 18 or older are required to hold a motorcycle learner’s permit for at least 30 days. 

Driver’s license applicants age 17 and younger are required to present proof of acceptable driver’s education; applicants age 18 and older are not required to present proof of driver’s education.

Amends Va. Code §46.2-1030

The bills increase from four to five the maximum number of lights allowed on a motorcycle and used for general illumination ahead of the motorcycle.

This bill provides that "motorcycle rider safety training courses" means courses of instruction in the operation of motorcycles for the purposes of obtaining a waiver from the examination or road test for (i) both two-wheeled and three-wheeled motorcycles, (ii) two-wheeled motorcycles, or (iii) three-wheeled motorcycles.

This bill provides that, for the purposes of a punitive damages award in a civil action for personal injury or death arising from the operation of a motor vehicle while intoxicated, in order to have a rebuttable presumption that a defendant's blood alcohol concentration at the time of the incident causing injury or death was at least as high as results of a blood or breath test, such test must have been administered in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12, which lay out the procedures for obtaining blood and breath tests. Under current law, to have the rebuttable presumption, such blood or breath test must have been administered within three hours of the incident causing injury or death.

Amends Va. Code § 2.2-4026

This bill provides that in any court action brought by a person affected by and claiming the unlawfulness of any regulation on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation specified in the Administrative Process Act or in such agency's basic law, the burden shall be upon the party complaining of the agency action to designate and demonstrate the unlawfulness of the regulation by a preponderance of the evidence. The bill provides that if the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void and remand the case to the agency for further proceedings.

Amends Va. Code §§ 2.2-3701, 2.2-3704, 2.2-3705.1 through 2.2-3705.7, 2.2-3711, and 2.2-3713 and adds § 2.2-3704.01

The bills reverse the holding of the Virginia Supreme Court in the case of Department of Corrections v. Surovell, by setting out a general rule of redaction. The rule provides that no provision of FOIA is intended, nor shall it be construed or applied, to authorize a public body to withhold a public record in its entirety on the grounds that some portion of the public record is excluded from disclosure by FOIA or by any other provision of law. Further, the bills state that a public record may be withheld from disclosure in its entirety only to the extent that an exclusion from disclosure under FOIA or other provision of law applies to the entire content of the public record. Otherwise, only those portions of the public record containing information subject to an exclusion under FOIA or other provision of law may be withheld, and all portions of the public record that are not so excluded shall be disclosed. The bills define the term "information" and provide that they are declaratory of the law as is it existed prior to the September 17, 2015 decision of the Supreme Court of Virginia in the case of the Department of Corrections v. Surovell. The bills also provide that in a FOIA enforcement action, no court shall be required to accord any weight to the determination of a public body as to whether an exclusion applies.

This bill requires certain local public bodies to post a FOIA rights and responsibilities document on their respective public government websites. The bill also requires all state public bodies created in the executive branch, including state authorities, and all local public bodies that are subject to FOIA to designate and publicly identify one or more FOIA officers whose responsibility is to serve as a point of contact for members of the public in requesting public records and to coordinate the public body's compliance with the provisions of FOIA. Contact information for the designated FOIA officer is to be posted on the agencies’ website homepage and such information shall be available to the public upon request. The bill requires that any such FOIA officer shall possess specific knowledge of the provisions of this chapter and be trained at least annually by legal counsel for the public body or the Virginia Freedom of Information Advisory Council.

The bills clarify that the FOIA exclusion for noncriminal incidents and reports applies to any public body that engages in criminal law-enforcement activities and does not rely on the definition or “noncriminal incidents records” in § 15.2-1722 of the Code of Virginia. The bills address an April 2015 Virginia Supreme Court decision in Fitzgerald v. Loudoun County Sheriff's Office, which held that a noncriminal record must be a compilation in order for the exemption for noncriminal records to apply. The bills were also the subject of a Virginia Freedom of Information Advisory Council opinion (AO-08-15) concerning this exemption, which highlighted the need for clarification of this exemption based on the Fitzgerald holding.

The bills also clarify that under the discretionary release provisions of FOIA for noncriminal records, those portions of noncriminal incident or other noncriminal investigative reports or materials that contain identifying information of a personal, medical, or financial nature may be withheld where the release of such information would jeopardize the safety or privacy of any person.

Amends Va. Code by adding § 2.2-4024.2

This bill provides that, during the period that a hearing is pending, a hearing officer is prohibited from communicating with any person concerning the hearing without notice and opportunity for all parties to participate in the communication. The bill also provides that a hearing officer may communicate about a pending hearing in instances where the communication is authorized by law or concerns an uncontested procedural issue, involves a ministerial matter, or does not augment, diminish, or modify the evidence in the record.

If a hearing officer makes or receives a communication prohibited by this section, the hearing officer shall make as part of the hearing record: (i) a copy of the communication or, if it is not written, a memorandum containing the substance of the communication; (ii) the response thereto; and (iii) the identity of the person who made the communication.

If a communication prohibited by this section is made, the hearing officer shall notify all parties of the prohibited communication and permit the parties to respond not later than 15 days after the notice is given. For good cause, the hearing officer may permit additional evidence in response to the prohibited communication.

If necessary to eliminate any prejudicial effect of a communication made that is prohibited by this section, a hearing officer may (i) be disqualified under Va. Code § 2.2-4024.1; (ii) seal the parts of the record pertaining to the communication by protective order; or (iii) grant other appropriate relief, including an adverse ruling on the merits of the case.

This bill provides a procedure for a party to file a petition for reconsideration of an agency's final decision from a hearing under the Administrative Process Act (APA). The petition for reconsideration shall be filed with the agency no later than 15 days after service of the final decision and shall state the specific grounds on which relief is requested. A timely filed petition for reconsideration shall not suspend the execution of the agency decision nor toll the time for filing a notice of appeal under Rule 2A:2 of the Rules of Supreme Court of Virginia, unless the agency provides for suspension of its decision when it grants a petition for reconsideration.

The bill requires the agency to render a written decision on a party's timely petition for reconsideration within 30 days from receipt of the petition; the agency may deny the petition, modify the final decision, or vacate the final decision and set a new hearing for further proceedings. The agency shall state the reasons for its action. The bill also permits an agency to reconsider its final decision on its own initiative for good cause within 30 days of the date of the final decision and to develop procedures for such reconsideration by the agency.

The bill also provides for the reconsideration of other decisions of a policy-making board of a state agency. If reconsideration is sought for the decision of a board, the board may (i) consider the petition for reconsideration at its next regularly scheduled meeting, (ii) schedule a special meeting to consider and decide upon the petition within 30 days of receipt, or (iii) delegate authority to consider the petition to either the board chairman, a subcommittee of the board, or the director of the state agency that provides administrative support to the board.

The bill provides that any agency that intends to promulgate regulations that specify the scope of evidence that may be considered by such agency in support of any petition for reconsideration may promulgate emergency regulations. The bill also requires the Department of Human Resource Management to submit an annual report to the Senate Committee on General Laws and Technology and the House Committee on General Laws detailing (a) the number of employee grievance hearings held pursuant to the APA and (b) the number of decisions from such hearings that were rendered in favor of employees.

This bill contains an emergency clause and was effective April 6, 2016.

The bill defines the term "critical infrastructure," for purposes of FOIA. The bill also provides that any public body receiving a request for such records shall notify the Secretary of Public Safety and Homeland Securing or his designee of the request and the response made by the public body.

Amends Va. Code §§ 58.1-609.1 and 58.1-2259

This bill provides refunds of fuels taxes for fuels used in highway vehicles owned by a § 501(c)(3) entity organized with a principal purpose of providing hunger relief services or food to the needy, when such vehicle is used solely for providing such hunger relief services or food to the needy.

Amends Va. Code by adding § 46.2-1149.8

The bills authorize DMV to issue permits for vehicles transporting boats or other watercraft that exceed an outside width of 102 inches but do not exceed an outside width of 108 inches. Such permit shall authorize the operation of such vehicle on all unrestricted state and local highways. The annual fee for a permit issued pursuant to this section and the allocation of such fee shall be the same as provided for overweight permits in § 46.2-1140.1.

Amends Va. Code §§ 46.2-649.1:1 and 46.2-711

This bill requires that DMV issue permanent license plates for emergency medical services vehicles owned by or under the exclusive control of a commercial or privately owned emergency medical services agency upon receipt of an application.

The bills provide that motor vehicles may be equipped with visual displays of moving images if the equipment is factory-installed and has an interlock device that disables the equipment when the motor vehicle operator is performing a "driving task", which is defined by the bill. The bill allows the viewing of a visual display while the vehicle is being operated autonomously.

The bill also provides that vehicles used by universities for vehicle technology research are not required to have government plates. Universities that currently use government plates for vehicle technology research would apply to the Special Registration work center for standard Virginia is for lover's license plates. The fee for the standard plate would be $5, the renewal fee would be $0. The license plate can be renewed online or in the Customer Service Center.

Amends Va. Code §§ 46.2-100 and 46.2-600

This bill expands the definition of "nonresident" to include: a person who is in Virginia serving a full-time church service or proselyting mission of not more than 36 months; and who is not gainfully employed. In addition, if vehicles owned by such nonresidents are registered in another state, those vehicles do not have to be registered in Virginia.

Amends Va. Code § 46.2-100

This bill amends the definitions of “pickup or panel truck” and “truck” as follows:

"Pickup or panel truck" means (i) every motor vehicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less or (ii) every motor vehicle registered for personal use, designed to transport property on its own structure independent of any other vehicle, and having a registered gross weight in excess of 7,500 pounds but not in excess of 10,000 pounds.

"Truck" means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. "Truck" does not include any pickup or panel truck.

This means that there will be a vehicle body type reclassification from “truck” to “pickup or panel truck” if a customer specifies personal use and the vehicle is between 7,501 and 10,000 pounds. Currently, all vehicles over 7,500 pounds are considered trucks regardless of personal or business use. 

DMV will notify the owners of “trucks” with a gross weight of 7,501 to 10,000 of this reclassification or change.  In addition, starting in September, renewal notices will require the vehicle owner to indicate a personal or business use designation for every vehicle registered as a truck with a registered gross weight of between 7,501 and 10,000 pounds. See the current and revised renewal notices below.

Current

New

This bill also changes how personal property tax relief is applied.  Currently, personal property tax relief applies to vehicles with a gross weight of 7,500 pounds or less that are predominately used for personal use as wells as pickup and panel trucks. The amended definition of “pickup or panel truck” increases the allowable gross weight to 10,000 pounds and thus broadens the vehicles that may qualify for relief.

In addition to changes in personal property tax relief, a reclassification from “truck” to “pickup or panel truck” results in a registration fee increase. Vehicles registered as pickup or panel truck are subject to the emergency medical services fee known as “$6.25 For Life”.

Amends Va. Code § 46.2-100

This bill includes in the definition of "low-speed vehicle" gas-powered vehicles that have a maximum speed of more than 20 miles per hour but not more than 25 miles per hour and are manufactured to comply with federal motor vehicle safety standards (Title 49 of the Code of Federal Regulations, § 571.500).

Amends Va. Code §§ 46.2-663 through 46.2-680

This bill clarifies that a person with a registration exemption is not required to obtain a registration certificate, license plates, or decals or pay a registration fee.

§ 1 Bill

This bill authorizes the issuance of special license plates to immediate family members of a member of the Armed Forces of the United States who lost his or her life on or after March 29, 1973, while serving on active duty or while assigned to a Reserve or National Guard unit in a drill status.

Amends Va. Code §§ 46.2-725 and 46.2-726

This bill prohibits DMV from issuing to registered sex offenders special license plates relating to children or children's programs or with revenues paid to funds for the benefit of children or renewing the registration for a vehicle that has been issued such license plates. The following plate types relating to children or children’s programs have been identified and the system has been programmed to prohibit the issuance to persons on the Sex Offender Registry:

•Choose Life

•Childhood Cancer

•Juvenile Diabetes

•Heart

•Hand

•Star

•Kids 1st

•Kids Eat Free

•Unlocking Autism

•Home Education/Education Begins at Home

CSR’s are not responsible for making the determination of a customer’s eligibility for any special plate or personalized reserved plate messages. The system is programmed to determine customer eligibility and will return the following error message – RPLA (restricted plate).

Depending on the transaction one of the following error messages will display if the customer is not permitted to have the plate type requested.

M9431 Restricted Plate Type Purchase – RPLA

Restricted Plate Message Purchase - RPLA

Restricted Plate Message Reservation – RPLA

M9438 Restricted Plate Message Transfer - RPLA

If the vehicle owner or co-owner is restricted and the system displays one of the above error messages, the CSR is Not to Discuss but will read the following script as it appears on the screen:

“I apologize. One or more owners of this vehicle are not eligible for this plate; however, I can assist with issuing another plate for this vehicle.”

NOTE: If the customer escalates the issue, please refer them to the Call Center at 804-497-7100.

The call center will provide the customer with the statute and/or information regarding the right to appeal.

Also, it is important to note that no personalized/reserved plate message shall be issued or renewed for any owner or co-owner of a vehicle who is registered sex offender if the requested registration character combination could be read, interpreted or understood to be a reference to children. 

License plates reissued to customers who are required to replace existing special plates or personalized plate messages are NOT charged a reissue fee but will pay the difference if the new plates cost more than the existing plates.

§ 1 Bill

This bill authorizes DMV to issue special license plates for supporters of the safety of runners bearing the legend MEG'S MILES.  The annual plate fee shall be $10 in addition to the prescribed fee for state license plates.  This plate is available for order on July 1, 2016 and will be mailed upon production.

Amends Chapter 690 of the Acts of Assembly of 2014

This bill changes the special license plates for supporters of pollinator conservation bearing the legend PROTECT POLLINATORS from non-revenue sharing to revenue sharing and provides for the moneys to be allocated to VDOT to aid in the Pollinator Habitat Program.

The annual fee for such plates shall be $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations, $15 shall be paid into the state treasury and credited to the Pollinator Habitat Program Fund established within the Department of Accounts. These funds shall be paid annually to VDOT and used to support its Pollinator Habitat Program in Virginia.

Amends Va. Code §§ 33.2-500, 33.2-503, 33.2-504, 46.2-208, 46.2-819, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-819.6; adds §§ 33.2-615, 46.2-819.8, 46.2-819.9, and 46.2-819.10; repeals § 46.2-819.7

This bill provides the following:

•requires the Virginia Department of Transportation (VDOT) to allow E-ZPass account holders to provide an email or phone number and to electronically notify account holders of a toll violation;

•requires toll operators to notify the VDOT of such toll violations;

•expands the definition of high-occupancy toll (HOT) lanes to include mass transit vehicles and commuter buses;

•lengthens, from 30 to 60 days, the time period before the administrative fee increases from $25 to $100 for all toll violations;

•decreases the civil penalties for an unpaid toll violation on the HOT lanes, making them equal to civil penalties for other toll violations;

•allows HOT lane operators to offer reduced civil penalties if the owner of the vehicle pays within 14 days prior to the hearing date, which is also permitted for other toll operators.

•places a cap of $2,200 on civil penalties and administrative fees for a first conviction of a toll road violation;

•a 10-day grace period for unpaid tolls and requires toll operators to attempt to process and collect unpaid tolls twice during such period;

•a toll violation on the HOT lanes is a traffic infraction, however no demerit points will be assess by DMV;

•a HOT lanes operator is required to mail invoices for unpaid tolls;

•allows for the issuance of summonses for toll violations and requires toll operators to attempt to collect tolls through a debt collector before mailing a summons. There is a two-year statute of limitations for all toll violations; and

•the Governor may enter into agreements on behalf of the Commonwealth with other states to provide for the enforcement of tolling violations occurring in Virginia on out-of-state residents and to enforce tolling violations in other states on Virginia residents. Reciprocity agreements with other states would provide for notification of the DMV or other similar entity in another state so that violators who have not paid would have their registration suspended in accordance with the agreement. Agreements between toll operators or HOT lanes operators and DMV will include necessary information to enforce reciprocity agreements.

To assist with affidavits filed with the courts for toll violations, DMV will provide a certification and electronic signature to authenticate each vehicle record requested from and transmitted by electronic means to all Video toll facilities.   The certification will read as follows:

“This is to certify, in accordance with Virginia Code Section 46.2-215, that this is an accurate record of an electronically transmitted transcript of an official certified vehicle record as maintained by the Virginia Department of Motor Vehicles as of <date> By:  Richard D. Holcomb, Commissioner.”