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1998 SESSION

989447126
HOUSE BILL NO. 1152
Offered January 26, 1998
A BILL to amend and reenact §§ 16.1-69.40:1 and 16.1-69.40:2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 16.1-69.40:4 and 16.1-69.40:5, relating to prepayable traffic infractions and nontraffic offenses; penalties.
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Patrons-- Barlow, Grayson and Ingram
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-69.40:1 and 16.1-69.40:2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 16.1-69.40:4 and 16.1-69.40:5, as follows:

§ 16.1-69.40:1. Traffic infractions within authority of traffic violations clerk; prepayment of local ordinances.

A. The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the traffic infractions for which a pretrial Pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such infractions shall not include only as authorized under this section as expressed in the schedule provided under § 16.1-69.40:4 for any traffic infraction, except:

(a) Indictable offenses;

(b) Infractions resulting in an accident;

(c) Operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug, or permitting another person, who is under the influence of intoxicating liquor or a narcotic or habit-producing drug, to operate a motor vehicle owned by the defendant or in his custody or control;

(d) Reckless driving;

(e) Leaving the scene of an accident;

(f) Driving while under suspension or revocation of driver's license;

(g) Driving without being licensed to drive.

(h) [Repealed.]

B. An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and a plea of guilty and pay the fine and any civil penalties established for the offense charged, with costs. He shall, prior to the plea, waiver, and payment, be informed of his right to stand trial, that his signature to a plea of guilty will have the same force and effect as a judgment of court, and that the record of conviction will be sent to the Commissioner of the Department of Motor Vehicles or the appropriate offices of the State state where he received his license to drive.

C. The Supreme Court, upon the recommendation of the Committee on District Courts, shall establish a schedule, within the limits prescribed by law, of the amounts of fines and any civil penalties to be imposed, designating each infraction specifically. The schedule, which may from time to time be amended, supplemented or repealed, provided under § 16.1-69.40:4 shall be uniform in its application throughout the Commonwealth. Such However, such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. The rule of the Supreme Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.

D. Fines imposed under local traffic infraction ordinances which do not parallel provisions of state law and fulfill the criteria set out in subsection A of this section may be prepayable in the manner set forth in subsection B if such ordinances appear in a schedule entered by order of the local circuit courts. The judges of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances, to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within ten days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which from time to time may be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.

§ 16.1-69.40:2. Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances.

A. The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the nontraffic offenses for which a pretrial Pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such offenses shall not include only as authorized under this section as expressed in the schedule provided under § 16.1-69.40:5 for any nontraffic offense, except:

1. Indictable offenses;

2. Class 1 or Class 2 misdemeanors;

3. Offenses which involve moral turpitude;

4. Any offenses involving injury to persons;

5. Any offense punishable by incarceration or by a fine of more than $500.

B. An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and plea of guilty and pay the fine established for the offense charged, with costs. He shall, prior to the plea, waiver and payment, be informed of his right to stand trial and that his signature to a plea of guilty will have the same force and effect as a judgment of court.

C. The Supreme Court, upon the recommendation of the Committee on District Courts, shall establish a schedule, within the limits prescribed by law, of the amounts of fines to be imposed upon prepayment of nontraffic offenses authorized as prepayable under subsection A of this section, designating each offense specifically. The schedule, which may from time to time be amended, supplemented or repealed, provided under § 16.1-69.40:5 shall be uniform in its application throughout the Commonwealth. Such However, such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. The Rule of the Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.

D. Local ordinances fulfilling the criteria set out in subsection A of this section may be prepayable in a like manner if such ordinances appear in a schedule entered by order of the local circuit courts. The judges of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within ten days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.

§ 16.1-69.40:4. Traffic infractions and uniform fine schedule.

For any offense listed below, whether prescribed by the specified state statute or by a parallel local ordinance adopted pursuant to the authority granted in § 46.2-1300, where such offense does not result in an accident, a driver may enter a written appearance, waiver of court hearing, and plea of guilty, and pay fines and costs. Court hearing may not be waived for any offense that results in an accident, even if it is listed here. For traffic offenses not listed below, a court hearing is required. Nothing in this section affects bonding procedures for those offenses not listed below. Likewise, nothing in this section shall be construed to alter the operation of or the penalties prescribed pursuant to §§ 46.2-1220 through 46.2-1230 and §§ 46.2-1235 and 46.2-1237.

This schedule shall be applied uniformly throughout the Commonwealth, and a clerk or magistrate shall not impose a fine different from the amounts shown here. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. The descriptions of offense or infractions contained herein are for reference only and are not intended as a legal definition of the offense or infraction cited.



       Description 
       of Offense              Statute        Fine     

1. Speed Violations 
   Exceeding the speed limit  46.2-870 to    $3 per    
                              46.2-876       mile over          
                                             speed
                                             limit 
   Exceeding speed limits                    $3 per
   set by Transportation                     mile over 
   Commissioner                              speed
                              46.2-878       limit 
   Exceeding the speed                       $3 per 
   limit on bridge                           mile over          
                                             speed
                              46.2-881       limit 
   Impeding traffic by 
   slow speed                 46.2-877       $40        
   Failure to drive 
   approximate speed 
   authorizedfor lane 
   in which vehicle 
   moving, on highway 
   where "slow moving 
   traffic" lane is       
   designated at              46.2-804(1)    $40  

2. Other Moving 
Offenses
   Failure to obey high-
   way sign                   46.2-830       $40        
   Coasting on downgrade 
   with gears in neutral      46.2-811       $40        
   Driving more than 13
   hours in a 24-hour
   period                     46.2-812       $40        
   Causing or permitting 
   vehicle to be driven
   more than 13 hours in
   a 24-hour period           46.2-812       $40        
   Improper failure to drive
   on right side of highway   46.2-802       $40        
   Failure to move in 
   designated direction
   on one-way roadway         46.2-806       $40        
   Failure to drive to right
   of rotary traffic island   46.2-807       $40        
   Improper failure to keep 
   right in crossing highway
   intersection               46.2-803       $40        
   Improper failure to keep 
   right in crossing highway
   intersection by railroad
   rightof way                46.2-803       $40        
   Improper failure to observe
   lanes marked for traffic:
   - failure of slow moving   46.2-804(1)    $40        
   traffic to keep right
   - improperly driving 
   in center                  46.2-804(2)    $40        
   - changing lane without
   first ascertaining
   safety of move             46.2-804(2)    $40        
   - improperly driving in
   center lane of 3-lane 
   highway                    46.2-804(3)    $40        
   - improperly crossing
   solid line driver's lane   46.2-804(5)    $40        
   - improperly crossing
   double solid line          46.2-804(6)    $40        
   Disregard of lane di-
   rection control signal:
   - entering or traveling
   in lane over which red
   signal is shown            46.2-805       $40        
   Failure to obey traffic
   lights                     46.2-833       $60        
   Improper passing:
   - failure to remain on
   right side of highway
   when meeting vehicle
   proceeding in opposite 
   direction                  46.2-837       $40        
   - driving too close to
   vehicle being overtaken
   in same direction          46.2-838       $40        
   - returning to right
   side of highway before
   safely clear of over-
   taken vehicle              46.2-838       $40        
   - improperly passing to
   the right of a vehicle
   proceeding in same
   direction                  46.2-841       $40        
   - failure to give way
   to the right to over-
   taking vehicle             46.2-842       $40        
   - improperly increasing
   speed when passed by
   overtaking vehicle         46.2-842       $40        
   - failure to give way
   to overtaking vehicle 
   when driving abreast on
   divided highway            46.2-842.1     $40        
   - passing when left lane
   is not clearly visible     46.2-843       $40        
   - passing on left when 
   oncoming traffic is too   
   near to permit it in 
   safety                     46.2-843       $40 
   - truck or tractor and
   trailer impeding passage
   of following traffic by 
   passing another truck or  
   tractor and trailer on 
   upgrade                    46.2-843       $40        
   Following too closely: 
   - motor vehicle following
   another more closely than
   is reasonable or prudent   46.2-816       $40 
   Improper U turn: 
   - within business district,
   city or town, U turn other
   than at intersection       46.2-845       $40 
   - U turn on a curve or
   approaching crest of hill
   where not visible to 
   vehicles approaching in any 
   direction within 500 feet  46.2-845       $40        
   Improper position or method
   of turning at intersection:
   - unauthorized right turn
   from other than right hand
   curb or edge of roadway    46.2-846(A)(1) $40        
   - on a two-way roadway,
   unauthorized left turn 
   from other than lane 
   nearest center line        46.2-846(A)(2) $40        
   - on other than two-way
   roadway, unauthorized
   left turn from other than
   left-most available lane   46.2-846(A)(3) $40        
   - failure to follow marker,
   button or sign of local
   authority                  46.2-846(B)    $40        
   Starting, backing, stopping
   or turning without first
   seeing that such a move can
   be made in safety          46.2-848       $40        
   Starting, backing, stopping
   or turning without giving
   required signal            46.2-848       $40        
   Improper signals           46.2-849       $40        
   Improper change of course
   after giving signal        46.2-850       $40        
   Failure to signal prior
   to moving standing vehicle
   into traffic               46.2-851       $40        
   Failure to yield right of way:
   - failure of driver on left
   to yield to driver on right
   entering intersection at
   same time                  46.2-820       $40        
   - failure to obey "yield
   right of way" sign at
   intersection               46.2-821       $40        
   - failure of driver
   approaching or entering 
   traffic circle to yield to
   driver already in traffic
   circle                     46.2-822       $40        
   - failure to yield at un-
   controlled "T" inter-
   section                    46.2-824       $40        
   - failure of driver
   turning left to yield to
   oncoming vehicle           46.2-825       $40        
   - failure to yield to left
   turning vehicle given right
   of way automatic signal
   device                     46.2-825       $40 
   - failure to stop and yield
   when entering public
   highway or sidewalk from 
   private road, etc.         46.2-826       $40        
   - failure to yield to U.S.
   Armed Services, National
   Guard, etc.                46.2-827       $40        
   - failure to yield to
   funeral procession under 
   police escort              46.2-828       $40        
   - failure to yield right of
   way to emergency vehicle   46.2-829       $40        
   - following too near fire
   apparatus                  46.2-921       $40        
   - driving over fire hose   46.2-922       $40        
   - failure to yield to     
   pedestrian in clearly    
   marked crosswalk or at
   intersection               46.2-924       $40        
   - failure to yield to
   pedestrian boarding or
   alighting from a bus       46.2-927       $40
   - failure to stop and
   yield when approaching 
   intersection of highway 
   controlled by stop sign    46.2-821       $40        
   - failure to slow down or
   stop and yield when
   approaching intersection
   on highway controlled by
   "yield right of way" sign  46.2-821       $40        
   Driving through pedestrian
   safety zone                46.2-814       $40        
   Failure to obey railroad
   warning signal             46.2-884       $40        
   Proceeding improperly at
   railroad grade crossing:
   - generally                46.2-885       $40        
   - vehicles carrying
   passengers for hire, school
   bus or truck with flammable
   or explosive cargo         46.2-886       $40        
   - tractor, steam 
   shovel, etc.               46.2-887       $40        
   Stopping bus or truck on
   highway to unload passenger
    or cargo                  46.2-893       $40        
   Unlawful use of all-terrain
   vehicle                    46.2-915.1     $40        
   Failure to display head-
   lights at nigght or during
   time of poor visibility    46.2-1030      $40        
   Driving with excessive
   lights for purpose of
   general illumination 
   ahead of vehicle           46.2-1030      $40        
   Failure to display warning   
   lights properly            46.2-1030      $40        
   Failure to dim headlights  46.2-1034      $40        
   Driving in violation of
   HOV Lane Restrictions      33.1-46.2      $60        
3. Equipment 
Violations 
   Insufficient lighting
   equipment:                 46.2-1010      $40 
   - less than two proper
   headlights on autos, 
   trucks, busses, etc.       46.2-1011      $40        
   - motorcycle without
   proper headlight           46.2-1012      $40        
   - motorcycle with more
   than two headlights        46.2-1012      $40        
   - improper rear lights     46.2-1013      $40        
   - improper brake lights    46.2-1014      $40        
   - improper lighting 
   equipment on all other
   mobile equipment           46.2-1016      $40        
   Failure of car to be 
   equipped with supplemental
   high mount stop light      46.2-1014.1    $40        
   Improper dimension or 
   marker lights: 
   - generally                46.2-1017      $40        
   - vehicles or loads
   exceeding 35 feet          46.2-1018      $40        
   Spotlights or ditchlights 
   - more than two            46.2-1019      $40        
   - aimed left of highway 
   center or more than 100
   feet ahead of vehicle      46.2-1019      $40        
   - unapproved type          46.2-1019      $40        
   - use in conjunction with
   or in place of headlights,
   except in emergency        46.2-1019      $40        
   - improper use of auxiliary 
   lamps on emergency
   vehicles                   46.2-1028      $40        
   Headlights improperly aimed or 
   of improper intensity:
   - single beam headlights   46.2-1031      $40        
   - multiple beam 
   headlights                 46.2-1032      $40        
   Failure of car to be 
   equipped with windshield
   defroster or defogger      46.2-1055.1    $40        
   Inadequate brakes:
   - generally                46.2-1066      $40        
   - bicycles                 46.2-1066      $25        
   - holding device           46.2-1068      $40        
   - motorcycles              46.2-1069      $40        
   - trailers or semi-
   trailers                   46.2-1070      $40        
   Improper alteration of 
   suspension system          46.2-1063      $40
   Inadequate steering gear   46.2-1065      $40        
   Inadequate horn            46.2-1059      $40        
   Illegal siren, whistle 
   or horn                    46.2-1060      $40        
   Improper painting and 
   lettering on school bus    46.2-1089      $40 
   Absence of or inadequate 
   rear view mirrors: 
   - generally                46.2-1082      $40        
   - vehicle registered for 
   passenger vehicular 
   transportation             46.2-1082      $40        
   Insufficient rear fenders,
   flags or guards on trucks  46.2-1083      $40        
   Improper signs on wind-
   shields, etc.              46.2-1052      $40        
   Driver's view obstructed
   because of suspended objects
   or altered vehicles        46.2-1054      $40        
   Inadequate windshield 
   wipers                     46.2-1055      $40        
   Absence of required safety   
   glass                      46.2-1056      $40        
   Absence of windshield      46.2-1057      $40        
   Improper replacement of 
   glass in vehicle           46.2-1058      $40        
   Improper or inadequate tires:
   - violation of restrictions 
   on solid rubber tires      46.2-1041      $430        
   - operation of vehicle with
   insufficient tire tread    46.2-1043      $40        
   - improper use of 
   studded tires              46.2-1044      $40        
   Lack of or inadequate      46.2-1038,
   signal device              46.2-1039      $40        
   Failure to use flashing
   signals when stopped on
   highway                    46.2-1040      $40        
   Inadequate exhaust system:             
   - driver of vehicle        46.2-1049      $40        
   - owner permitting or 
   allowing operation of 
   vehicle                    46.2-1049      $40        
   - vehicle without proper 
   pollution control device   46.2-1048      $40        
   - muffler cutout, straight  
   exhaust or gutted muffler  46.2-1047      $40        
   Operation of vehicle 
   without securely affixed 
   or properly located 
   operator's seat            46.2-1084      $40        
   Improper motorcycle 
   steering mechanism         46.2-1085      $40        
   Motorcycle without 
   muffler                    46.2-1050      $40        
   Improper cooling unit      46.2-1088      $40        
   Use of unapproved 
   equipment                  46.2-1002      $40        
   Use of defective or 
   unsafe equipment           46.2-1003      $40        
   Operating vehicle not 
   equipped with proper 
   seat belts                 46.2-1092      $40        
   Failure to have vehicle
   inspected                  46.2-1157      $35        
   Failure to correct 
   defects discovered by
   inspection                 46.2-1157      $40        
4. Parking or 
Stopping Violations  
   Parking too near fire
   apparatus                  46.2-921       $30        
   Vehicle improperly 
   stopped or parked on
   highway                    46.2-888       $30        
   - parked or stopped at
   or near fire or accident
   so as to cause traffic 
   hazard or interfere with 
   emergency operations       46.2-890       $30        
   Failure to use proper 
   warning device when 
   vehicle disabled in 
   highway:
   - bus, truck, trailer,     
   house trailer, or 
   mobile home                46.2-111       $30 
   - vehicle transporting  
   inflammable liquids        46.2-111       $30        
   - failure to use red 
   flags when vehicle 
   disabled                   46.2-111       $30        
   Parking in front of fire
   hydrant, or private drive-
   way, near street corner,
   fire station, or rescue 
   squad building and too 
   close to intersection      46.2-1239      $30        
   Failure to dim head-
   lights on parked vehicle   46.2-1035      $30        
   Vehicle parked or stopped
   on highway without lights
   at night or during low
   visibility                 46.2-1037      $30        
   Failure to set handbrake
   and turn wheels to curb
   on parked car              46.2-1071      $30
5. Trucks and Hauling or 
Towing Vehicles 
   Absence of flag or light 
   at end of load             46.2-1121      $40        
   Failure to prevent escape
   of vehicle contents        46.2-1156      $40        
   Failure to fasten load of 
   of logs, barrels, etc.     46.2-1155      $40        
   Load extending too far 
   beyond front               46.2-1120      $40        
   Load extending too far 
   beyond sides               46.2-1111      $40        
   Improper towing    
   - improperly towing more   
   than one trailer, etc.     46.2-1116      $40        
   - towing without draw bar    
   and emergency chain        46.2-1118      $40 
6. Pedestrian 
Violations 
   Malicious or careless
   interference with vehicle 
   passage                    46.2-923       $25        
   Failure to observe 
   pedestrian control 
   signals                    46.2-925       $25        
   Stepping into street 
   where driver's vision
   obscured                   46.2-926       $25        
   Soliciting rides           46.2-929       $25        
   Failure to walk on left
   edge of roadway where no
   sidewalk                   46.2-928       $25        
   Unlawful loitering on 
   bridge                     46.2-930       $25        
   Playing on streets or
   highways                   46.2-932       $25        
7. Miscellaneous 
Offenses 
   Unlawful riding of animal 
   on highway at night        46.2-800.1     $40        
   Improper abandonment of 
   motor vehicle              46.2-1209      $50        
   Failure to obtain 
   registration               46.2-600       $35        
   Expiration of 
   registration               46.2-613       $35        
   Operating motorcycle 
   without headlight, horn
   or rearview mirror at 
   certain times              46.2-912       $40        
   Occupation of trailer 
   being towed on highways    46.2-813       $40        
   Unlawful use of radar 
   detection device           46.2-1079      $50        
   Unlawful use of ear-
   phones while operating
   vehicle                    46.2-1078      $35        
   Failure to display slow
   moving vehicle emblem      46.2-1081      $25        
   Failure to submit vehicle
   to inspection              46.2-1157      $35        
   Failure to correct 
   defects                    46.2-1157      $40        
   Failure to display 
   license plate              46.2-711       $35        
   Improper display of 
   license plate              46.2-715       $35        
   Vehicle exceeding 
   width limitations          46.2-1105      $50        
   Vehicle exceeding height
   limitation                 46.2-1110      $50        
   Vehicle exceeding length
   requirement                46.2-1112      $50        
8. Bicycle Violations  
   Riding bicycle improperly
   on roadway                 46.2-905       $25        
   Carrying articles 
   improperly on bicycle      46.2-906       $25        
   Bicycle without proper 
   headlight                  46.2-1015      $25        
   Bicycle without rear
   reflector or light         46.2-1015      $25        
   Bicycle on highway with-
   out adequate brake         46.2-1066      $25        

Description 
of Offense                  Regulation      Fine      

9. Motor Carrier Offenses 1 
   (a.) General Violations 
   Marking of motor vehicle   49 C.F.R.      $35        
                              § 390.21 
   Railroad crossing/         49 C.F.R.     $110        
   stopping                   § 392.10 
   (b.) Driver Violations  
   No medical examiner's      49 C.F.R.      $60        
   certificate                § 391.41 
   Improper medical           49 C.F.R.      $60        
   examiner's certificate     § 391.43 
   Medical certificate        49 C.F.R.      $60        
   invalid                    § 391.43 
   No medical waiver          49 C.F.R.      $60        
                              § 391.49 
   Illfatigued driver         49 C.F.R.      $85        
                              § 392.3 
   Possess alcoholic          49 C.F.R.     $110
   beverage                   § 392.5 
   Violate 10-hour rule,      49 C.F.R.     $110        
   15-hour rule               § 395.3 
   Violate 6070 hour rule     49 C.F.R.     $110        
                              § 395.3 
   Log book violation         49 C.F.R.     $110        
   (general)                  § 395.8 
   No log book                49 C.F.R.     $110        
                              § 395.8 
   Log book not current       49 C.F.R. 
                              § 395.8 
                              49 C.F.R.     $110        
                              § 395.8 
   Fail to retain previous    49 C.F.R.     $110        
   seven days on log book     § 395.8  
   (c.) Equipment Violations  
   Equipment-inspection/use   49 C.F.R.      $60        
                              § 392.7  
   Emergency equipment-       49 C.F.R.      $60        
   inspection/use             § 392.8     
   Safe loading (secured)     49 C.F.R.     $110        
                              § 392.9  
   Brakes - inoperative       49 C.F.R.     $110        
   or missing                 §§ 393.40 to 
                              393.52     
   Fuel tank securement       49 C.F.R.      $60        
                              § 393.65 
   Fuel leakcap               49 C.F.R.      $35        
                              § 393.67 
   Coupling/towing            49 C.F.R.      $60        
   devices                    §§ 393.70, 
                              393.71   
   Defective tires/tire       49 C.F.R.      $60        
   exceeds weight limit       § 393.75  
   Bus violations             49 C.F.R.      $60        
                              §§ 393.89 to 
                              393.92  
   Front end structure        49 C.F.R.      $60        
                              § 393.106   
   Frame - cracked, loose,    49 C.F.R.     $110        
   sagging, broken            § 393.201 
   Cab/body components -      49 C.F.R.      $60        
   defective                  § 393.203  
   Wheels/rims defective      49 C.F.R.      $60        
                              § 393.205 
   Suspension - defective     49 C.F.R.      $60        
                              § 393.207 
   Steering system -          49 C.F.R.     $110        
   defective                  § 393.209 
   Vehicle maintenance        49 C.F.R.     $110        
   (generally)                § 396.3  
   No driver vehicle          49 C.F.R.      $35        
   inspection report          § 396.11  
   No periodic inspection     49 C.F.R.      $35        
                              §§ 396.17 to 
                              396.25  
   (d.) Hazardous Materials - 
   Driving and Parking   
   Fail to attend Division    49 C.F.R.     $110        
   1.1, 1.2 or 1.3 material   § 397.5 
   Fail to attend other       49 C.F.R.     $110        
   hazardous materials class  § 397.5 
   Improper parking Division  49 C.F.R.     $110        
   1.1, 1.2 or 1.3 material   § 397.7,   
                              § 397.11
   Improper parking other     49 C.F.       $110        
   hazardous materials        § 397.7,    
                              § 397.11  
   Fail to have route plan    49 C.F.R.     $110        
                              § 397.67   
   Smoking violations         49 C.F.R.     $110        
                              § 397.13  
   Instructions and           49 C.F.R.     $110        
   document violations        § 397.19         

The category "regulation" refers to the section of the Code of Federal Regulations as incorporated by regulation at 19 VAC 30-20-80 of the Virginia Motor Carrier Safety Regulations. These regulations are included for identification and reference purposes only, since these violations are violations of Virginia regulations.

The fines imposed for violations of certain Virginia Motor Carrier Safety Regulations are imposed pursuant to § 52-8.4 and 19 VAC 30-20-10, et seq., of the Virginia Motor Carrier Safety Regulations, incorporating by reference 49 C.F.R. Parts 390-397.

§ 16.1-69.40:5. Non-traffic prepayable offenses and uniform fine schedule.

Any person charged with any offense listed below may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs.

This schedule is applied uniformly throughout the Commonwealth, and a clerk or magistrate shall not impose a fine different from the amounts shown here. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. The descriptions of offenses or infractions contained herein are for reference only and are not intended as a legal definition of the offense or infraction cited.

Where injury to the person is involved, prepayment shall not be made, even though the offense or violation appears on the list below.

A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past twelve months in accordance with § 28.2-903.


     Description           Statute or 
     of Offense            Regulation      Fine      

   Drinking or tendering    
   alcoholic beverage in  
   public place              4.1-308        $35       
   Failing to assist 
   forest warden in 
   fighting fire             10.1-1139      $40       
   Unlawful burning          10.1-1142(A)   $50       
   bush, leaves, etc.        10.1-1142(D)   
   Unlawful burning during   10.1-1142(B)   $50       
   restricted period         10.1-1142(D) 
   Leaving certain fires    
   unattended or failing     10.1-1142(C)   $50       
   to extinguish the same    10.1-1142(D)
   Unlawful buying, selling 
   or disposing of milk 
   case or crate             18.2-102.2     $45       
   Unlawful refusal to re-
   turn milk case or crate   18.2-102.2     $45       
   Unlawful defacing, cover
   up or removal of 
   business identification
   on milk case or crate     18.2-102.2     $45       
   Trespassing upon grass
   in Capitol Square         18.2-122       $15       
   Bringing unleashed dog
   into Capitol Square       18.2-123       $20       
   Trespassing at night 
   upon cemetery             18.2-125       $45       
   Trespassing at night 
   upon church or school
   property                  18.2-128(A)    $45       
   Trespassing on rail-
   road track                18.2-159       $45       
   Trespassing on rail-
   road trains               18.2-160       $45       
   Boarding or riding 
   VRE train without 
   paying fare               18.2-160.1    $160       
   Unlawfully jumping on
   or off rail road train    18.2-161       $45       
   Unlawfully intercepting
   or monitoring employee/
   customer telephone 
   calls                     18.2-167.1     $45       
   Expectorating in public   18.2-322       $25       
   Drinking alcoholic 
   beverage while driving
   motor vehicle             18.2-323.1     $45       
   Gambling illegally        18.2-326       $45       
   Selling to, distributing
   to or purchasing for 
   persons under age 18 
   tobacco products          18.2-371.2(A)  $85        
   Purchasing or possess-
   ing tobacco products 
   when under age 18         18.1-372.2(B)  $45        
   Profanely cursing or
   swearing in public        18.2-388       $35       
   Being intoxicated in 
   public                    18.2-388       $35       
   Shooting pigeons for 
   amusement or renting 
   premises for such         18.2-403.3(2)
   purposes                  3.1-796.126    $45       
   Failing to secure or 
   exhibit permits required 
   for field trials          18.2-403.3(6)  $45       
   Making false statement    18.2-403.3(8)
   to secure dog license     3.1-796.128(A)(1)$45     
   Failing to pay dog        18.2-403.3(9)
   license tax               3.1-796.88 
                             3.1-796.128(A)(2)$35     
   Concealing unlicensed     18.2-403.3(10)
   dog                       3.1-796.128(A)(7)$45     
   Unlawfully removing       18.2-403.3(11)
   dog collar or tag         3.1-796.128(A)(8)$45     
   Using abusive language    18.2-416       $70       
   Unlawfully changing 
   name                      18.2-504.1     $70       
   Unlawful setting of 
   fishnets                  28.2-309      $120       
   Taking fish or shellfish
   on or within 500 yards 
   below Chickahominy Dam 
   at Walker's on the 
   Chickahominy River other
   than with rod and reel 
   and hand line             28.2-311       $70       
   Having more than one-
   half gallon of shucked
   oysters on board a boat
   harvesting on the public
   rocks                     28.2-514       $70       
   Buying, selling or possess-
   ing oysters under the 
   prescribed size and 
   undersized shells taken
   from the natural rocks,
   beds and shoals           28.2-510       $70       
   Having oysters or shells
   on culling board, deck,
   washboard or other 
   receptacle above hold or
   in deckhouse when boat
   is oystering upon natural
   rocks, beds or shoals and
   not at anchor; when off the
   public rocks; when approach-
   ing a buy boat; or when 
   approaching a landing     28.2-513      $120       
   Taking or catching oysters
   or shells for purpose of
   converting same into lime
   without permission from 
   Commission                28.2-529      $120       
   Taking or catching crabs
   from statutorily pro-
   hibited area from June 1
   to Sept. 15, for purpose
   of resale                 28.2-709      $120       
   Placing or maintaining 
   any crab, eel, or fish
   pot in navigable channel
   which has navigation 
   aids installed or approved
   by any agency of U.S.
   government                28.2-710       $70       
   Placing, setting or 
   leaving crab pots in 
   tidal tributaries be-
   tween Jan. 1 and Jan.
   31 or other time period
   specified by Marine Res.
   Comm.                     28.2-711       $45       
   Unlawful violation of 
   regulations governing
   use of crab traps and
   pounds                    28.2-701      $120       
   Hunting, trapping, or                    $70 + fee
   fishing without                          equal to
   license                                  cost of
                             29.1-335       license   
   Failing to carry 
   hunting, trapping or
   fishing license           29.1-336       $45       
   Hunting bear or deer
   w/out special stamp       29.1-354       $45       
   Hunting, fishing or 
   trapping in national
   forest w/out special
   permit                    29.1-408       $45       
   Hunting with unautho-
   rized weapons             29.1-519       $70       
   Violating hunting times   29.1-520       $70       
   Violating blaze orange
   law                       29.1-530.1     $35       
   Certain violations 
   pertaining to sanctu-
   aries, refuges, etc.      29.1-554       $70       
   Keeping certain rep-
   tiles or permitting 
   same to run at large      29.1-569       $45       
   Shooting, attempting 
   to shoot, or taking 
   game on preserve before
   complying with reg-
   ulations                  29.1-603       $45       
   Removing shot game 
   from preserve with-
   out attaching seal        29.1-606       $45       
   Unregistered motorboat    29.1-702(A)    $85       
   No registration on 
   board                     29.1-702(B)    $35       
   Expired registration      29.1-703       $35       
   Failure to display 
   registration              29.1-703       $35       
   Failure to display 
   expiration decal          29.1-703       $35       
   Operating motorboat 
   or manipulating skis 
   in marked area            29.1-734       $45       
   Operation of vessel
   without proper safety
   equipment                 29.1-735(C)    $45       
   Renting out a motorboat
   without safety equipment  29.1-736(A)    $45       
   Offering for rent other
   boats without sufficient
   life preservers           29.1-736(B)    $45       
   Violation of muffling
   device requirements for
   motorboats                29.1-737       $35       
   Absence of observer when
   towing water skier not
   wearing life preserver    29.1-742(A)    $45       
   Skiing beforeafter hours  29.1-742(B)    $85       
   Operating personal 
   watercraft under age 14   29.1-748(A)(1) $45       
   Operating personal 
   watercraft without 
   wearing personal 
   flotation device          29.1-748(A)(2) $45       
   Operating personal 
   watercraft without a
   lanyard                   29.1-748(A)(3) $45       
   Operating personal 
   watercraft between  
   sunset and sunrise        29.1-748(A)(4) $45       
   Exceeding capacity on
   personal watercraft       29.1-748(A)(5) $45       
   Permitting operation
   of personal watercraft
   by person under age 14    29.1-749(A)    $85       
   Failure to display 
   light while drifing or    4 VAC
   at anchor                 15-370-30     $35       
   Failure to keep to 
   starboard when            4 VAC 
   meeting head and head     15-390-20      $40       
   Failure to yield right-   4 VAC
   of-way when crossing      15-390-30      $40       
   Failure to keep clear
   when overtaking another   4 VAC
   vessel                    15-390-40(A)   $40       
   Failure of motorboat
   to yield right of way     4 VAC
   to sailing vessel         15-390-50      $45       
   Failure to slacken speed
   to avoid endangerment of
   persons or property by    4 VAC
   wake                      15-390-80      $40       
   Failure to operate at
   reduced speed when        4 VAC 
   vision obscured           15-390-90      $40      
   Failure to keep to 
   starboard in narow        4 VAC 
   channel                   15-390-100     $40      
   Failure of person at
   least age 16 occupying
   front seat of vehicle to  46.2-1094(A)
   use safety belt system    46.2-1094(C)   $35        
   Failure of driver to 
   ensure that child 4
   through 15 years of age
   is properly secured by    46.2-1095(B)
   safety belt system        46.2-1095(D)   $35        
   Failure of driver to 
   ensure that child under
   age 4 is properly secured
   in approved child re-      46.2-1095(A)
   straint device             46.2-1098     $60       
   Failure of driver to 
   carry written statement
   exempting child from use
   of child restraint        46.2-1096
   device                    46.2-1098      $30       
   Refusing officer's order
   to drive vehicle to
   weighing station          46.2-1137      $45