46.2-382.1 - Courts to make findings relating to commercial motor vehicles. - Virginia Statutes

§ 46.2-382.1. Courts to make findings relating to commercial motor vehicles.

For the purpose of enforcing the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.), in any case in which a person is charged with aviolation of any law of the Commonwealth or of any ordinance of any county,city or town pertaining to the operator or operation of a motor vehicle,except parking violations, and the warrant or summons indicates that themotor vehicle so operated was a commercial motor vehicle as defined in theVirginia Commercial Driver's License Act, or that it was a commercial motorvehicle carrying hazardous materials as defined by the Virginia CommercialDriver's License Act, the court hearing such case shall make a finding, whichshall be noted on the record, as to whether such vehicle was in fact acommercial motor vehicle and, if applicable, whether such vehicle wascarrying hazardous materials.

If the offense charged is one in which operation of a commercial motorvehicle is an element of the offense, the conviction of the offense shallconstitute the court's finding that the vehicle was a commercial motorvehicle, but a separate finding shall be made as to whether such vehicle wascarrying hazardous materials, if applicable. If the offense charged is one inwhich operation of a commercial motor vehicle is not an element of theoffense, then the court, after convicting the person charged, shall make aseparate finding as to whether the vehicle was a commercial motor vehicleand, if applicable, whether it was carrying hazardous materials. Theseparate findings required by this section shall be noted on the convictionrecord, and the following procedures shall apply to such separate findings:

1. If the person charged prepays fines and costs pursuant to § 19.2-254.1, heshall be deemed to have admitted that such motor vehicle was a commercialmotor vehicle and, if applicable, that it carried hazardous materials at thetime of the violation, as indicated on the warrant or summons, and suchadmission or admissions shall be noted on the conviction record as thecourt's finding.

2. In all other cases, the Commonwealth shall have the burden of proving by apreponderance of the evidence that the vehicle was a commercial motor vehicleand, if applicable, that it carried hazardous materials.

(1989, c. 705, § 46.1-412.1.)