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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-694 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-694. Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof.
A. The annual registration fees for motor vehicles, trailers, and semitrailers designed and used for the transportation of passengers on the highways in the Commonwealth are:
1. Twenty-three dollars for each private passenger car or motor home if the passenger car or motor home weighs 4,000 pounds or less, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur.
2. Twenty-eight dollars for each passenger car or motor home which weighs more than 4,000 pounds, provided that it is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur.
3. Thirty cents per 100 pounds or major fraction thereof for a private motor
vehicle other than a motorcycle with a normal seating capacity of more than ten
10 adults including the driver if the private motor vehicle is not used for the
transportation of passengers for compensation and is not kept or used for rent or for hire or is
not operated under a lease without a chauffeur. In no case shall the fee be less
than twenty-three dollars $23 if the vehicle weighs 4,000 pounds or less
or twenty-eight dollars $28 if the vehicle weighs more than 4,000 pounds.
4. Thirty cents per 100 pounds or major fraction thereof for a school bus. In
no case shall the fee be less than twenty-three dollars $23 if the vehicle
weighs 4,000 pounds or less or twenty-eight dollars $28 if the vehicle weighs
more than 4,000 pounds.
5. Twenty-three dollars for each trailer or semitrailer designed for use as living quarters for human beings.
6. Thirteen dollars plus thirty cents $.30 per 100 pounds or major fraction
thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of passengers,
operating either intrastate or interstate. Interstate common carriers of interstate passengers may
elect to be licensed and pay the fees prescribed in subdivision 7 of this
subsection on submission to the Commissioner of a declaration of operations and
equipment as he may prescribe. An additional five dollars $5 shall be charged
if the motor vehicle weighs more than 4,000 pounds.
7. Thirteen dollars plus seventy cents $.70 per 100 pounds or major fraction
thereof for each motor vehicle, trailer, or semitrailer used as a common carrier of interstate
passengers if election is made to be licensed under this subsection. An additional
five dollars $5 shall be charged if the motor vehicle weighs more than
4,000 pounds. In lieu of the foregoing fee of seventy cents $.70 per 100
pounds, a motor carrier of passengers, operating two or more vehicles both within and outside the
Commonwealth and registered for insurance purposes with the Surface
Transportation Board of the United States Department of Transportation, Federal
Highway Administration, may apply to the Commissioner for prorated
registration. Upon the filing of such application, in such form as the
Commissioner may prescribe, the Commissioner shall apportion the registration
fees provided in this subsection so that the total registration fees to be paid
for such vehicles of such carrier shall be that proportion of the total fees,
if there were no apportionment, that the total number of miles traveled by such
vehicles of such carrier within the Commonwealth bears to the total number of
miles traveled by such vehicles within and outside the Commonwealth. Such total
mileage in each instance is the estimated total mileage to be traveled by such
vehicles during the license year for which such fees are paid, subject to the
adjustment in accordance with an audit to be made by representatives of the
Commissioner at the end of such license year, the expense of such audit to be
borne by the carrier being audited. Each vehicle passing into or through
Virginia shall be registered and licensed in Virginia and the annual
registration fee to be paid for each such vehicle shall not be less than
thirty-three dollars $33. For the purpose of determining such apportioned
registration fees, only those motor vehicles, trailers, or semitrailers operated both within and
outside the Commonwealth shall be subject to inclusion in determining the apportionment provided
for herein.
8. Thirteen dollars plus eighty cents $.80 per 100 pounds or major fraction
thereof for each motor vehicle, trailer or semitrailer kept or used for rent or for hire or operated
under a lease without a chauffeur for the transportation of passengers. An
additional fee of five dollars $5 shall be charged if the vehicle weighs
more than 4,000 pounds. This subsection does not apply to vehicles used as common carriers.
9. Twenty-three dollars for a taxicab or other vehicle which is kept for rent
or hire operated with a chauffeur for the transportation of passengers, and
which operates or should operate under permits issued by the Department as
required by law. An additional fee of five dollars $5 shall be charged if the
vehicle weighs more than 4,000 pounds. This subsection does not apply to vehicles used as common
carriers.
10. Eighteen dollars for a motorcycle, with or without a sidecar. To this fee
shall be added a surcharge of three dollars $3 which shall be distributed as
provided in § 46.2-1191.
11. Twenty-three dollars for a bus used exclusively for transportation to and
from Sunday school or church, for the purpose of divine worship. If the empty
weight of the vehicle exceeds 4,000 pounds, the fee shall be twenty-eight
dollars $28.
12. Thirteen dollars plus seventy cents $.70 per 100 pounds or major fraction
thereof for other passenger-carrying vehicles.
13. An additional fee of four dollars $4 per year shall be charged and
collected at the time of registration of each pickup or panel truck and each
motor vehicle under subdivisions 1 through 12 of this subsection. All funds
collected pursuant to this subdivision shall be paid into the state treasury
and shall be set aside as a special fund to be used only for emergency medical
service purposes. The moneys in the special fund shall be distributed as
follows:
a. Two and one-half percent shall be distributed to the State Department of
Health to provide funding to the Virginia Association of Volunteer Rescue
Squads to be used solely for the purpose of conducting volunteer recruitment,
retention and training activities;
b. Thirteen and one-half Thirty percent shall be distributed to the State
Department of Health to support (i) emergency medical services training programs (excluding advanced
life support classes),; (ii) advanced life support training, and; (iii)
recruitment and retention programs (all funds for such support shall be used to recruit and retain volunteer emergency
medical services personnel only, including public awareness campaigns, technical assistance programs, and similar
activities); (iv) emergency medical services system development, initiatives,
and priorities based on needs identified by the State Emergency Medical Services
Advisory Board; (v) local, regional, and statewide performance contracts for
emergency medical services to meet the objectives stipulated in § 32.1-111.3;
(vi) technology and radio communication enhancements; and (vii) improved emergency
preparedness and response. Any funds set aside for distribution under this
provision and remaining undistributed at the end of any fiscal year shall revert to
the Rescue Squad Assistance Fund;
c. Thirty-one and three-quarters Thirty-two percent shall be distributed to the
Rescue Squad Assistance Fund;
d. Twenty-seven and one-quarter Ten percent shall be available to the State
Department of Health Health's Office of Emergency Medical Services for use in
emergency medical services; and
e. Twenty-five Twenty-six percent shall be returned by the Comptroller to the
locality wherein such vehicle is registered, to provide funding for training of
volunteer or salaried emergency medical service personnel of licensed,
nonprofit emergency medical services agencies and for the purchase of necessary
equipment and supplies for use in such locality for licensed, nonprofit
emergency medical and rescue services.
The Comptroller shall clearly designate on the warrant, check, or other means
of transmitting these funds that such moneys are only to be used for purposes
set forth in this subdivision. Such funds shall be in addition to any local
appropriations and local governing bodies shall not use these funds to supplant
local funds. Each local governing body shall report annually to the Board of
Health on the use of the twenty-five percent of the funds which were returned
to it pursuant to this section. In any case in which the local governing body
grants the funds to a regional emergency medical services council to be distributed to the
licensed, nonprofit emergency medical and rescue services, the local governing
body shall remain responsible for the proper use of the funds. If, at the end
of any fiscal year, a report on the use of the twenty-five percent of the funds
returned to the locality pursuant to this section for that year has not been
received from a local governing body, any funds due to that local governing body for the
next fiscal year shall be retained until such time as the report has been submitted to the
Board.
B. All motor vehicles, trailers, and semitrailers registered as provided in subsection B of § 46.2-646 shall pay a registration fee equal to one-twelfth of all fees required by subsection A of this section or § 46.2-697 for such motor vehicle, trailer, or semitrailer, computed to the nearest cent, multiplied by the number of months in the registration period for such motor vehicles, trailers, and semitrailers.
C. The manufacturer's shipping weight or scale weight shall be used for computing all fees required by this section to be based upon the weight of the vehicle.
D. The applicant for registration bears the burden of proof that the vehicle for which registration is sought is entitled by weight, design, and use to be registered at the fee tendered by the applicant to the Commissioner or to his authorized agent.
2. That this act shall become effective on July 1, 2004, or such later date upon the allocation of all revenues from the increase in the additional registration fee from $2 to $4 as provided in Chapter 794 of the Acts of Assembly of 2002 being allocated and expended in compliance with the provisions set forth in subdivision A 13 of § 46.2-694 as set forth in this act.