2006 Code of Virginia § 46.2-411 - Reinstatement of suspended or revoked license or other privilege to operate or register a motor veh...

46.2-411. Reinstatement of suspended or revoked license or other privilegeto operate or register a motor vehicle; proof of financial responsibility;reinstatement fee.

A. The Commissioner may refuse, after a hearing if demanded, to issue to anyperson whose license has been suspended or revoked any new or renewallicense, or to register any motor vehicle in the name of the person, wheneverhe deems or in case of a hearing finds it necessary for the safety of thepublic on the highways in the Commonwealth.

B. Before granting or restoring a license or registration to any person whosedriver's license or other privilege to drive motor vehicles or privilege toregister a motor vehicle has been revoked or suspended pursuant to 46.2-389, 46.2-391, 46.2-391.1, or 46.2-417, the Commissioner shall requireproof of financial responsibility in the future as provided in Article 15 (46.2-435 et seq.) of this chapter, but no person shall be licensed who maynot be licensed under the provisions of 46.2-389 through 46.2-431.

C. Whenever the driver's license or registration cards, license plates anddecals, or other privilege to drive or to register motor vehicles of anyresident or nonresident person is suspended or revoked by the Commissioner orby a district court or circuit court pursuant to the provisions of Title 18.2or this title, or any valid local ordinance, the order of suspension orrevocation shall remain in effect and the driver's license, registrationcards, license plates and decals, or other privilege to drive or registermotor vehicles shall not be reinstated and no new driver's license,registration cards, license plates and decals, or other privilege to drive orregister motor vehicles shall be issued or granted unless such person, inaddition to complying with all other provisions of law, pays to theCommissioner a reinstatement fee of $30. The reinstatement fee shall beincreased by $30 whenever such suspension or revocation results fromconviction of involuntary manslaughter in violation of 18.2-36.1;conviction of maiming resulting from driving while intoxicated in violationof 18.2-51.4; conviction of driving while intoxicated in violation of 18.2-266 or 46.2-341.24; conviction of driving after illegally consumingalcohol in violation of 18.2-266.1 or failure to comply with court imposedconditions pursuant to subsection D of 18.2-271.1; unreasonable refusal tosubmit to drug or alcohol testing in violation of 18.2-268.2; conviction ofdriving while a license, permit or privilege to drive was suspended orrevoked in violation of 46.2-301 or 46.2-341.21; disqualification pursuantto 46.2-341.20; violation of driver's license probation pursuant to 46.2-499; failure to attend a driver improvement clinic pursuant to 46.2-503 or habitual offender interventions pursuant to former 46.2-351.1;conviction of eluding police in violation of 46.2-817; conviction of hitand run in violation of 46.2-894; conviction of reckless driving inviolation of Article 7 ( 46.2-852 et seq.) of Chapter 8 of Title 46.2 or aconviction, finding or adjudication under any similar local ordinance,federal law or law of any other state. Five dollars of the additional amountshall be retained by the Department as provided in this section and $25dollars shall be transferred to the Commonwealth Neurotrauma Initiative TrustFund established pursuant to Chapter 3.1 ( 51.5-12.1 et seq.) of Title 51.5.When three years have elapsed from the termination date of the order ofsuspension or revocation and the person has complied with all otherprovisions of law, the Commissioner may relieve him of paying thereinstatement fee.

D. No reinstatement fee shall be required when the suspension or revocationof license results from the person's suffering from mental or physicalinfirmities or disabilities from natural causes not related to the use ofself-administered intoxicants or drugs. No reinstatement fee shall becollected from any person whose license is suspended by a court of competentjurisdiction for any reason, other than a cause for mandatory suspension asprovided in this title, provided the court ordering the suspension is notrequired by 46.2-398 to forward the license to the Department during thesuspended period.

E. Except as otherwise provided in this section and 18.2-271.1,reinstatement fees collected under the provisions of this section shall bepaid by the Commissioner into the state treasury and shall be set aside as aspecial fund to be used to meet the expenses of the Department.

F. Before granting or restoring a license or registration to any person whosedriver's license or other privilege to drive motor vehicles or privilege toregister a motor vehicle has been revoked or suspended, the Commissionershall collect from such person, in addition to all other fees provided for inthis section, an additional fee of $40. The Commissioner shall pay all feescollected pursuant to this subsection into the Trauma Center Fund, createdpursuant to 18.2-270.01, for the purpose of defraying the costs ofproviding emergency medical care to victims of automobile accidentsattributable to alcohol or drug use.

(Code 1950, 46-425; 1958, c. 541, 46.1-438; 1973, c. 396; 1980, c. 29;1982, c. 671; 1984, c. 780; 1987, c. 696; 1988, c. 860; 1989, c. 727; 1992,c. 109; 1998, c. 703; 1999, cc. 945, 987; 2002, c. 60; 2005, c. 886.)