Bill Text: VA SB406 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Salvage vehicles; allows locality to require records to be reported to police.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-05-12 - Governor: Acts of Assembly Chapter text (CHAP0873) [SB406 Detail]

Download: Virginia-2010-SB406-Comm_Sub.html

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10104773D
SENATE BILL NO. 406 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Transportation on January 28, 2010) (Patron Prior to Substitute--Senator Stuart) A BILL to amend and reenact §46.2-1608 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-1608.1, relating to salvage vehicles.

Be it enacted by the General Assembly of Virginia:

1. That §46.2-1608 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-1608.1 as follows:

§46.2-1608. Maintenance and contents of records.

A. Each licensee shall maintain a record of the receipt of any vehicle. The record, at a minimum, shall contain the date of receipt of the vehicle, its make, year, model, identification number, name and address of the person from whom it was acquired, the vehicle's title number, and state of issuance:

1. A description of each vehicle purchased, exchanged, or acquired by the licensee, including, but not limited to, the model, make, year of the vehicle as well as the vehicle's title number with state of issuance and vehicle identification number;

2. The price paid for each vehicle;

3. The name and address of the seller from whom each vehicle is purchased, exchanged, or acquired;

4. The date and hour the purchase, exchange, or acquisition was made;

5. A photocopy of the seller's driver's license, state identification card, official United States military identification card, or any other form of personal identification with photograph;

6. A digital photograph of the seller, along with the vehicle that he is selling or exchanging with the licensee; and

7. The signature of the licensee and the seller as executed at the time of the purchase, exchange, or acquisition of the vehicle by the licensee.

B. If any major component, as defined in §46.2-1600, is sold, the salvage dealer shall provide, upon request of any law-enforcement official, the information required by this section as to the vehicle from which the part was taken.

C. The provisions of subdivisions A 5 and A 6 shall not apply to vehicles accompanied by proper documentation issued by the Department of Motor Vehicles.

§46.2-1608.1. Daily reports to police department; local ordinance; holding period; penalty.

A. The governing body of any county, city or town may by ordinance require each licensee within the jurisdiction to make a daily report of the information required to be maintained by §46.2-1608 to the police department or sheriff, in writing, of every purchase, exchange or acquisition of any salvage or scrap vehicle. The ordinance may also require that the photocopy of the seller's driver's license, state identification card, official United States military identification card, or any other form of personal identification with photograph and a copy of the digital photograph required by §46.2-1608 be electronically transmitted to the police department or sheriff on a weekly basis at an electronic address to be provided. Any local governing body, by such ordinance, may assess and retain a fine of not more than $2,500 for its violation.

B. No licensee shall crush, flatten, or otherwise reduce a vehicle to a state where it can no longer be considered a vehicle until it has been in his possession for at least 14 days.

C. The provisions of this section shall not apply to vehicles accompanied by proper documentation issued by the Department of Motor Vehicles.

D. The provisions of this section shall not apply to scrap metal processors as defined in §59.1-136.1.