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2007 SESSION

079351129
HOUSE BILL NO. 2610
Offered January 10, 2007
Prefiled January 10, 2007
A BILL to amend and reenact §§ 46.2-694.1, 46.2-697, and 46.2-698 of the Code of Virginia, relating to fees for registrations of vehicles not designed and used to transport passengers and farm vehicles.
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Patrons-- Watts, BaCote, Brink, Ebbin, Melvin, Plum, Sickles and Toscano; Senator: Houck
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That §§ 46.2-694.1, 46.2-697, and 46.2-698 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-694.1. Fees for trailers and semitrailers not designed and used for transportation of passengers.

Unless otherwise specified in this title, the registration fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the Commonwealth shall be as follows: 


 Registered Gross Weight   1-Year Fee      2-Year Fee        Permanent Fee
 0-1,500 lbs                  $8.00$28.00          $16.00$36.00              $50.00$70.00
 1,501-4,000 lbs             $18.5038.50          $37.0057.00              $50.0070.00
 4,001 lbs & above           $23.5043.50          $47.0067.00              $50.0070.00

From the foregoing registration fees, the following amounts, regardless of weight category, shall be paid by the Department into the state treasury and set aside for the payment of the administrative costs of the safety inspection program provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title: (i) from each one-year registration fee, one dollar and fifty cents; (ii) from each two-year registration fee, three dollars; and (iii) from each permanent registration fee, four dollars.

§ 46.2-697. Fees for vehicles not designed or used for transportation of passengers.

A. Except as otherwise provided in this section, the fee for registration of all motor vehicles not designed and used for the transportation of passengers shall be thirteen dollars plus an amount determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule of fees set forth in this section. For each 1,000 pounds of gross weight, or major fraction thereof, for which any such vehicle is registered, there shall be paid to the Commissioner the fee indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of subsection B of § 46.2-711 into which such vehicle, or any combination of vehicles of which it is a part, falls when loaded to the maximum capacity for which it is registered and licensed. The fee for a pickup or panel truck shall be twenty-three dollars if its gross weight is 4,000 pounds or less, and twenty-eight dollars if its gross weight is 4,001 pounds through 6,500 pounds. The fee shall be twenty-nine dollars for any motor vehicle with a gross weight of 6,501 pounds through 10,000 pounds. 


  Fee Per Thousand Pounds of Gross Weight
 Gross Weight                                     Private       For Rent or
 Groups (pounds)                                  Carriers   For Hire Carriers
  ---------------------------------------------------------------
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 10,001 - 11,000                                   $2.60$3.73           $4.75$6.84
 11,001 - 12,000                                    2.804.03            4.907.06
 12,001 - 13,000                                    3.004.32            5.157.42
 13,001 - 14,000                                    3.204.61            5.407.78
 14,001 - 15,000                                    3.404.90            5.658.14
 15,001 - 16,000                                    3.605.19            5.908.50
 16,001 - 17,000                                    4.005.76            6.158.86
 17,001 - 18,000                                    4.406.33            6.409.22
 18,001 - 19,000                                    4.806.91            7.5010.80
 19,001 - 20,000                                    5.207.49            7.7011.09
 20,001 - 21,000                                    5.608.06            7.9011.38
 21,001 - 22,000                                    6.008.64            8.1011.66
 22,001 - 23,000                                    6.409.22            8.3011.95
 23,001 - 24,000                                    6.809.79            8.5012.24
 24,001 - 25,000                                    6.909.94            8.7012.53
 25,001 - 26,000                                    6.9510.01            8.9012.82
 26,001 - 27,000                                    8.2511.88           10.3514.90
 27,001 - 28,000                                    8.3011.95           10.5515.19
 28,001 - 29,000                                    8.3512.02           10.7515.48
 29,001 - 40,000                                    8.4512.17           10.9515.77
 40,001 - 45,000                                    8.5512.31           11.1516.06
 45,001 - 50,000                                    8.7512.60           11.2516.20
 50,001 - 55,000                                    9.2513.32           13.2519.08
 55,001 - 76,000                                   11.2516.28           15.2521.96
 76,001 - 80,000                                   13.2519.08           16.2523.40

For all such motor vehicles exceeding a gross weight of 6,500 pounds, an additional fee of five dollars shall be imposed.

B. In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be twenty-five percent of the annual fee plus five dollars for each quarter that the vehicle is registered.

C. When an owner elects to register and license a motor vehicle under subsection B of this section, the provisions of §§ 46.2-646 and 46.2-688 shall not apply.

D. Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.

E. All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.

§ 46.2-698. Fees for farm vehicles.

A. The fees for registration of farm motor vehicles having gross weights of 7,500 pounds or more, when such vehicles are used exclusively for farm use as defined in this section, shall be one-half of the fee per 1,000 pounds of gross weight for private carriers as calculated under the provisions of § 46.2-697 and one-half of the fee for overload permits under § 46.2-1128, but the annual registration fee to be paid for each farm vehicle shall not be less than $15$25.

B. A farm motor vehicle is used exclusively for farm use:

1. When owned by a person who is engaged either as an owner, renter, or operator of a farm of a size reasonably requiring the use of such vehicle or vehicles and when such vehicle is:

a. Used in the transportation of agricultural products of the farm he is working to market, or to other points for sale or processing, or when used to transport materials, tools, equipment, or supplies which are to be used or consumed on the farm he is working, or when used for any other transportation incidental to the regular operation of such farm;

b. Used in transporting forest products, including forest materials originating on a farm or incident to the regular operation of a farm, to the farm he is working or transporting for any purpose forest products which originate on the farm he is working; or

c. Used in the transportation of farm produce, supplies, equipment, or materials to a farm not worked by him, pursuant to a mutual cooperative agreement.

2. When the nonfarm use of such motor vehicle is limited to the personal use of the owner and his immediate family in attending church or school, securing medical treatment or supplies, or securing other household or family necessities.

C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.

D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:

1. The location and acreage of each farm on which the vehicle to be registered is to be used;

2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;

3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B of this section; and

4. Other information required by the Department.

The above information is not required for the renewal of a vehicle's registration under this section.

E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.

F. The owner of a farm vehicle shall inform the Commissioner within 30 days or at the time of his next registration renewal, whichever comes first, when such vehicle is no longer used exclusively for farm use as defined in this section, and shall pay the appropriate registration fee for the vehicle based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the operation of any farm motor vehicle for which the fee for registration and license plates is herein prescribed on any highway in the Commonwealth without first having paid the prescribed registration fee; or (ii) operate or permit the operation of any motor vehicle, registered under this section, for purposes other than as provided under subsection B of this section; or (iii) operate as a for-hire vehicle.

G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.

H. Notwithstanding other provisions of this section, vehicles licensed under this section may be used by volunteer rescue squad members and volunteer firefighters in responding to emergency calls, in reporting for regular duty, and in attending squad meetings and drills.

2. That all revenues generated by this act shall be used solely for transportation purposes

3. That the provisions of this act shall expire on December 31 of any year in which the General Assembly appropriates any of the revenue generated by this act for any purpose other than transportation.