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2004 SESSION
048215116Be 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 30 cents 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 70 cents 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 70 cents
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 80 cents 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 70 cents 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'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 2002 Acts of Assembly 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.