2006 Code of Virginia § 46.2-706 - Additional fee; proof of insurance required of applicants for registration of insured motor vehicle...

46.2-706. Additional fee; proof of insurance required of applicants forregistration of insured motor vehicles; verification of insurance; suspensionof driver's license, registration certificates, and license plates forcertain violations.

In addition to any other fees prescribed by law, every person registering anuninsured motor vehicle, as defined in 46.2-705, at the time of registeringor reregistering the uninsured vehicle, shall pay a fee of $500; however, ifthe uninsured motor vehicle is being registered or reregistered for a periodof less than a full year, the uninsured motor vehicle fee shall be proratedfor the unexpired portion of the registration period. If the vehicle is amotor vehicle being registered or reregistered as provided in subsection B of 46.2-697, the fee shall be one-fourth of the annual uninsured motor vehiclefee for each quarter for which the vehicle is registered.

If the owner of a motor vehicle registered under this article as an uninsuredmotor vehicle, during the period for which such vehicle is registered,obtains insurance coverage adequate to permit such vehicle's registration asan insured motor vehicle and presents evidence satisfactory to theCommissioner of the existence of such insurance coverage, the Commissionershall amend the Department's records to show such vehicle to be registered asan insured motor vehicle and shall refund to the owner a prorated portion ofthe additional fee required by this section for registration of an uninsuredmotor vehicle. Such proration shall be on a monthly basis, except that nosuch refund shall be made (i) as to any registration during the last threemonths of its validity or (ii) on any portion of any such fee required to bepaid resulting from a determination by the Department or any court that avehicle was uninsured and no fee had been paid.

Every person applying for registration of a motor vehicle and declaring it tobe an insured motor vehicle shall, under the penalties set forth in 46.2-707, execute and furnish to the Commissioner his certificate that themotor vehicle is an insured motor vehicle as defined in 46.2-705, or thatthe Commissioner has issued to its owner, in accordance with 46.2-368, acertificate of self-insurance applicable to the vehicle sought to beregistered. The Commissioner, or his duly authorized agent, may verify thatthe motor vehicle is properly insured by comparing owner and vehicleidentification information on file at the Department of Motor Vehicles withliability information on the owner and vehicle transmitted to the Departmentby any insurance company licensed to do business in the Commonwealth asprovided in 46.2-706.1. If no record of liability insurance is found, theDepartment may require the motor vehicle owner to verify insurance in amethod prescribed by the Commissioner.

The refusal or neglect of any owner within thirty days to submit theliability insurance information when required by the Commissioner or his dulyauthorized agent, or the electronic notification by the insurance company orsurety company that the policy or bond named in the certificate of insuranceis not in effect, shall require the Commissioner to suspend any driver'slicense and all registration certificates and license plates issued to theowner of the motor vehicle until the person (i) has paid to the Commissionera fee of $500 to be disposed of as provided for in 46.2-710 with respect tothe motor vehicle determined to be uninsured and (ii) furnishes proof offinancial responsibility for the future in the manner prescribed in Article15 ( 46.2-435 et seq.) of Chapter 3 of this title. No order of suspensionrequired by this section shall become effective until the Commissioner hasoffered the person an opportunity for an administrative hearing to show causewhy the order should not be enforced. Notice of the opportunity for anadministrative hearing may be included in the order of suspension. When threeyears have elapsed from the effective date of the suspension required in thissection, the Commissioner may relieve the person of the requirement offurnishing proof of future financial responsibility.

The Commissioner shall suspend the driver's license and all registrationcertificates and license plates of any person on receiving a record of hisconviction of a violation of any provisions of 46.2-707, but theCommissioner shall dispense with the suspension when the person is convictedfor a violation of 46.2-707 and the Department's records show conclusivelythat the motor vehicle was insured or that the fee applicable to theregistration of an uninsured motor vehicle has been paid by the owner priorto the date and time of the alleged offense.

(1958, c. 407, 46.1-167.1; 1960, c. 188; 1966, c. 181; 1972, cc. 552, 609,638; 1973, c. 25; 1974, c. 170; 1975, c. 16; 1976, c. 27; 1978, c. 563; 1981,c. 193; 1984, c. 399; 1986, c. 527; 1988, c. 470; 1989, c. 727; 1993, c. 127;1996, cc. 474, 489; 1998, c. 404.)

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