46.2-708 - Suspension of driver's license and registration when uninsured motor vehicle is involved in reportable accident; hearing prior to suspension. - Virginia Statutes

§ 46.2-708. Suspension of driver's license and registration when uninsuredmotor vehicle is involved in reportable accident; hearing prior to suspension.

When it appears to the Commissioner from the records of his office that anuninsured motor vehicle as defined in § 46.2-705, subject to registration inthe Commonwealth, is involved in a reportable accident in the Commonwealthresulting in death, injury or property damage with respect to which motorvehicle the owner thereof has not paid the uninsured motor vehicle fee asprescribed in § 46.2-706, the Commissioner shall, in addition to enforcingthe applicable provisions of Article 13 (§ 46.2-417 et seq.) of Chapter 3 ofthis title, suspend such owner's driver's license and all of his licenseplates and registration certificates until such person has complied withArticle 13 of Chapter 3 of this title and has paid to the Commissioner a feeof $500, to be disposed of as provided by § 46.2-710, with respect to themotor vehicle involved in the accident and furnishes proof of futurefinancial responsibility in the manner prescribed in Article 15 (§ 46.2-435et seq.) of Chapter 3 of this title. However, no order of suspension requiredby this section shall become effective until the Commissioner has offered theperson an opportunity for an administrative hearing to show cause why theorder should not be enforced. Notice of the opportunity for an administrativehearing may be included in the order of suspension.

However, when three years have elapsed from the effective date of thesuspension herein required, the Commissioner may relieve such person of therequirement of furnishing proof of future financial responsibility. Thepresentation by a person subject to the provisions of this section of acertificate of insurance, executed by an agent or representative of aninsurance company qualified to do business in this Commonwealth, showing thaton the date and at the time of the accident the vehicle was an insured motorvehicle as herein defined, or, presentation by such person of evidence thatthe additional fee applicable to the registration of an uninsured motorvehicle had been paid to the Department prior to the date and time of theaccident, shall be sufficient bar to the suspension provided for in thissection.

(1958, c. 407, § 46.1-167.4; 1960, c. 188; 1966, cc. 181, 548; 1970, c. 68;1972, cc. 552, 638, 729; 1973, c. 25; 1974, c. 604; 1978, c. 563; 1981, c.193; 1984, cc. 399, 780; 1988, c. 470; 1989, c. 727; 1998, c. 404.)