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2007 SESSION
079097372Be it enacted by the General Assembly of Virginia:
1. That § 8.01-308 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-308. Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator.
Any operation in the Commonwealth of a motor vehicle by a
nonresident, including those nonresidents defined in subdivision 2 of § 8.01-307,
either in person or by an agent or employee, shall be deemed equivalent to an
appointment by such nonresident of the Commissioner of the Department of Motor
Vehicles, and his successors in office, to be the attorney or statutory agent
of such nonresident for the purpose of service of process in any action against
him growing out of (i) any accident or collision in which
such nonresident, his agent, or his employee may be involved while
operating motor vehicles in this Commonwealthor
(ii) any violation of the provisions of Title 46.2 within the Commonwealth, any
local ordinance that constitutes a substantially similar law as defined in §
46.2-341.23, or any other local
ordinance relating to the operation or parking of motor
vehicles. Acceptance by a nonresident of the rights and privileges
conferred by Article 5 (§ 46.2-655 et seq.) of Chapter 6 of Title 46.2 shall
have the same effect under this section as the operation of such motor vehicle,
by such nonresident, his agent, or his employee.