Bill Text: VA HB296 | 2024 | Regular Session | Prefiled
Bill Title: Vehicle registration; failure to renew, etc., penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-25 - Stricken from docket by Transportation (21-Y 0-N) [HB296 Detail]
Download: Virginia-2024-HB296-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-324, 46.2-606, and 46.2-646, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§46.2-324. Applicants and license holders to notify Department of change of address; fee.
A. Whenever any person, after applying for or obtaining a driver's license or special identification card shall move from the address shown in the application or on the license or special identification card, he shall, within 30 days, notify the Department of his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person's residential address has changed to a non-Virginia address, unless the person (i) is on active duty with the armed forces of the United States, (ii) provides proof that he is a U.S. citizen and resides outside the United States because of his employment or the employment of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner that he is a bona fide resident of Virginia, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his license and/or special identification card will be cancelled by the Department and (ii) cancel the driver's license and/or special identification card 30 days after notice of cancellation has been mailed.
B. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
C. Any person who fails to notify the Department of his change of address in accordance with the provisions of this section is guilty of a traffic infraction punishable by a fine of $30.
D. There may be imposed upon anyone failing to notify the Department of his change of address as required by this section a fee of $5, which fee shall be used to defray the expenses incurred by the Department. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.
D. E. The
Department shall electronically transmit change of address information to the
Department of State Police, in a format approved by the State Police, for
comparison with information contained in the Virginia Criminal Information
Network and National Crime Information Center Convicted Sexual Offender
Registry Files, at the time of the change of address. Whenever it appears from
the records of the State Police that a person has failed to comply with the
duty to register, reregister, or verify his registration information pursuant
to Chapter 9 (§9.1-900 et seq.) of Title 9.1, the State Police shall promptly
investigate and, if there is probable cause to believe a violation has
occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of §18.2-472.1 in the jurisdiction in which the person last
registered, reregistered, or verified his registration information or in the
jurisdiction where the person made application for change of address.
E. F. For
any summons issued for a violation of this section, the court may, in its
discretion, dismiss the summons, where proof of compliance with this section is
provided to the court on or before the court date.
§46.2-606. Notice of change of address.
A. Whenever any person who has applied for or obtained the registration or title to a vehicle moves from the address shown in his application, registration card or certificate of title, he shall notify the Department of his change of address within 30 days.
B. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
C. Any person who fails to notify the Department of his change of address in accordance with the provisions of this section is guilty of a traffic infraction punishable by a fine of $30.
D. Anyone failing to comply with this section may be charged a fee of $5, to be used to cover the Department's expenses. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.
§46.2-646. (Effective until July 1, 2024) Expiration and renewal of registration.
A. Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring registration if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.
B. All motor vehicles, trailers, and semitrailers registered in the Commonwealth shall, at the discretion of the Commissioner, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the 12 months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for a period of 12 months. The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
C. The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for (i) those registered under the International Registration Plan and (ii) those registered as uninsured motor vehicles. When this option is offered and chosen by the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
D. Failure to renew a registration as required in this section shall constitute a traffic infraction punishable by a fine of $30.
E. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date.
E. F. No
law-enforcement officer shall stop a motor vehicle due to an expired
registration sticker prior to the first day of the fourth month after the
original expiration date. No evidence discovered or obtained as the result of a
stop in violation of this subsection, including evidence discovered or obtained
with the operator's consent, shall be admissible in any trial, hearing, or
other proceeding.
§46.2-646. (Effective July 1, 2024) Expiration and renewal of registration.
A. Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring registration if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.
B. All motor vehicles, trailers, and semitrailers registered in the Commonwealth shall, at the discretion of the Commissioner, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the 12 months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for a period of 12 months. The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
C. The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for those registered under the International Registration Plan. When this option is offered and chosen by the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
D. Failure to renew a registration as required in this section shall constitute a traffic infraction punishable by a fine of $30.
E. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date.
E. F. No law-enforcement officer shall stop a motor vehicle due to an
expired registration sticker prior to the first day of the fourth month after
the original expiration date. No evidence discovered or obtained as the result
of a stop in violation of this subsection, including evidence discovered or
obtained with the operator's consent, shall be admissible in any trial,
hearing, or other proceeding.
