2006 Code of Virginia § 46.2-427 - When suspensions to remain effective; relief from furnishing proof of financial responsibility; pro...

46.2-427. When suspensions to remain effective; relief from furnishingproof of financial responsibility; prohibition against registration in nameof another person.

The suspension required by the provisions of 46.2-417 shall continue exceptas otherwise provided by 46.2-421 and 46.2-423 until the person satisfiesthe judgment or judgments as prescribed in 46.2-419 and gives proof of hisfinancial responsibility in the future. However, the judgment debtor whosedriving privileges, registration certificates, and license plates have beenso suspended may petition the court that entered the judgment forreinstatement of his driving privileges, registration certificates, andlicense plates and the court may order reinstatement, even though thejudgment has not been satisfied and even if that judgment may no longer beenforced, provided the judgment debtor proves by a preponderance of theevidence that the judgment debtor (i) is unable, after examination of therecords of the Department and the court reflecting that suspension and theexercise of due diligence, to locate the person to whom payment is due or, ifthe person to whom payment is due is dead, the judgment debtor is unable toidentify either who are his heirs and assignees, or where they are located,and (ii) has paid into the court an amount equal to the judgment, courtcosts, and all interest that has accrued up to the date payment was made tothe court. Any payment made to the court under this section shall be held forone year and, if unclaimed by the judgment creditor during that period, shallbe transmitted by the court to the State Treasurer or his designee to bedisposed of pursuant to Chapter 11.1 ( 55-210.1 et seq.) of Title 55.

Upon receipt of such an order, the Commissioner shall reinstate the drivingprivileges, registration certificates, and license plates of the judgmentdebtor, provided the judgment debtor has given proof of his financialresponsibility in the future and satisfied all other reinstatementrequirements as provided in this chapter.

The motor vehicle involved in the accident on which the suspension under 46.2-417 is based shall not be registered in the name of any other personwhen the Commissioner has reasonable grounds to believe that the registrationof the vehicle will have the effect of defeating the purpose of the chapterand no other motor vehicle shall be registered, and no driver's license orlearner's permit shall be issued in the name of the person suspended, exceptas prescribed in 46.2-437 until the suspension is terminated.

This section shall not relieve any person from giving or maintaining proof ofhis financial responsibility when he is required so to do for some reasonrather than having been involved in a motor vehicle accident.

(Code 1950, 46-446, 46-447, 46-477.1; 1950, p. 639; 1958, c. 541, 46.1-459; 1972, c. 638; 1984, c. 780; 1989, c. 727; 2003, c. 316.)