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2005 SESSION
057999404Be it enacted by the General Assembly of Virginia:
1. That § 46.2-411 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-411. Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee.
A. The Commissioner may refuse, after a hearing if demanded, to issue to any person whose license has been suspended or revoked any new or renewal license, or to register any motor vehicle in the name of the person, whenever he deems or in case of a hearing finds it necessary for the safety of the public on the highways in the Commonwealth.
B. Before granting or restoring a license or
registration to any person whose driver's license or other privilege to drive
motor vehicles or privilege to register a motor vehicle has been revoked or
suspended pursuant to §§ 46.2-389, 46.2-391, 46.2-391.1, or §
46.2-417, the Commissioner shall require proof of financial responsibility in
the future as provided in Article 15 (§ 46.2-435 et seq.) of this chapter, but
no person shall be licensed who may not be licensed under the provisions of §§
46.2-389 through 46.2-431.
C. Whenever the driver's license or registration cards,
license plates and decals, or other privilege to drive or to register motor
vehicles of any resident or nonresident person is suspended or revoked by the
Commissioner or by a district court or circuit court pursuant to the provisions
of Title 18.2 or this title, or any valid local ordinance, the order of suspension
or revocation shall remain in effect and the driver's license, registration
cards, license plates and decals, or other privilege to drive or register motor
vehicles shall not be reinstated and no new driver's license, registration
cards, license plates and decals, or other privilege to drive or register motor
vehicles shall be issued or granted unless such person, in addition to
complying with all other provisions of law, pays to the Commissioner a
reinstatement fee of thirty dollars $30. The reinstatement fee
shall be increased by thirty dollars $30 whenever such suspension
or revocation results from conviction of involuntary manslaughter in violation
of § 18.2-36.1; conviction of maiming resulting from driving while intoxicated
in violation of § 18.2-51.4; conviction of driving while intoxicated in
violation of § 18.2-266 or § 46.2-341.24; conviction of driving after
illegally consuming alcohol in violation of § 18.2-266.1 or failure to comply
with court imposed conditions pursuant to subsection D of § 18.2-271.1;
unreasonable refusal to submit to drug or alcohol testing in violation of §
18.2-268.2; conviction of driving while a license, permit or privilege to drive
was suspended or revoked in violation of § 46.2-301 or § 46.2-341.21;
disqualification pursuant to § 46.2-341.20; violation of driver's license
probation pursuant to § 46.2-499; failure to attend a driver improvement clinic
pursuant to § 46.2-503 or habitual offender interventions pursuant to former §
46.2-351.1; conviction of eluding police in violation of § 46.2-817; conviction
of hit and run in violation of § 46.2-894; conviction of reckless driving in
violation of Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 or a
conviction, finding or adjudication under any similar local ordinance, federal
law or law of any other state. Five dollars of the additional amount shall be
retained by the Department as provided in this section and twenty-five
$25 dollars shall be transferred to the Commonwealth Neurotrauma Initiative
Trust Fund established pursuant to Chapter 3.1 (§ 51.5-12.1 et seq.) of Title
51.5. When three years have elapsed from the termination date of the order of
suspension or revocation and the person has complied with all other provisions
of law, the Commissioner may relieve him of paying the reinstatement fee.
D. No reinstatement fee shall be required when the suspension or revocation of license results from the person's suffering from mental or physical infirmities or disabilities from natural causes not related to the use of self-administered intoxicants or drugs. No reinstatement fee shall be collected from any person whose license is suspended by a court of competent jurisdiction for any reason, other than a cause for mandatory suspension as provided in this title, provided the court ordering the suspension is not required by § 46.2-398 to forward the license to the Department during the suspended period.
E. Except as otherwise provided in this section and § 18.2-271.1, reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.
F. Before granting or restoring a license or registration
to any person whose driver's license or other privilege to drive motor vehicles
or privilege to register a motor vehicle has been revoked or suspended, the
Commissioner shall collect from such person, in addition to all other fees
provided for in this section, an additional fee of [ $60 $20
] . The Commissioner shall pay all fees collected pursuant to
this subsection into the Trauma Center Fund, created pursuant to § 18.2-270.01,
for the purpose of defraying the costs of providing emergency medical care to
victims of automobile accidents attributable to alcohol or drug use.