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2020 SESSION
20105145DBe it enacted by the General Assembly of Virginia:
1. That §§ 46.2-203.1, 46.2-208, 46.2-208.1, and 46.2-380 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-208.3 as follows:
§ 46.2-203.1. Provision of updated addresses by persons completing forms; acknowledgment of future receipt of official notices.
Whenever any person completes a form for an application,
certificate of title, registration card, license plate, driver's license, and
any other form requisite for the purpose of this title, or whenever any person
is issued a summons for a violation of the motor vehicle laws of the
Commonwealth, he shall provide his current address on the form or summons. By
signing the form or summons, the person acknowledges that (i) the address is
correct,;
(ii) any official notice, including an order of suspension, will be sent by (a) prepaid first class mail
to the address on the signed form with the most current date, or (b)
by other means of communication, including email or other electronic address, if
such electronic address is
provided to the Department on the signed form;
and (iii) the notice shall be deemed to have been accepted by the person at that if sent to any
such address. In addition, upon
signing a summons for a violation of the motor vehicle laws, the person shall
acknowledge that his failure to appear in court and pay fines and costs could
result in suspension of his operator's license.
§ 46.2-208. Records of Department; when open for inspection; release of privileged information.
A. All
records in the office of the Department
containing the specific classes of The
information outlined below shall be
considered privileged records and, unless otherwise required by law, shall not
be released except as provided in subsection B:
1. Personal information, including all data as defined as
"personal information" in § 2.2-3801;
2. Driver information, including defined as all data that relates
to driver's license status and driver activity; and
3. Special identification card information, defined as all data that relates to identification card status; and
4. Vehicle information, including all descriptive vehicle data and title, registration, and vehicle activity data, but excluding crash data.
B. The Commissioner shall release such information only under the following conditions:
1. Notwithstanding other provisions of this section, medical data
information included in personal data information shall be released
only to a physician, physician assistant, or nurse practitioner as provided in §
accordance with a proceeding under §§
46.2-321 and 46.2-322.
2. Insurance data may be
released as specified in §§ 46.2-372, 46.2-380, and 46.2-706.
3.
Notwithstanding other provisions of this section, information disclosed or
furnished shall be assessed a fee as specified in § 46.2-214.
4. When
the person requesting the information is Upon the request of (i) the
subject of the information, (ii) the parent or
guardian of a minor who is
the subject of the information, (iii) the guardian of the
subject of the information, (iv)
the authorized representative of the subject of the information, or (iv) (v)
the owner of the vehicle that is the subject of the information, the
Commissioner shall provide him with the requested information and a complete
explanation of it. Requests for such information need not be made in writing or
in person and may be made orally or by telephone, provided that the Department
is satisfied that there is adequate verification of the requester's identity.
When so requested in writing by (a) the subject of the information, (b) the
parent or guardian
of a minor who is the subject of
the information, (c) the guardian of the
subject of the information, (d) the authorized
representative of the subject of the information, or (d) (e)
the owner of the vehicle that is the subject of the information, the Commissioner
shall verify and, if necessary, correct the personal information provided and
furnish driver and, special identification card, or
vehicle information in the form of an
abstract of the record. If the
requester is requesting such information in the scope of his
official business as counsel from a public defender's office or as
counsel appointed by a court, such records shall be provided free of charge.
5. On Upon the written request of
any insurance carrier, surety, or representative of an
insurance carrier or surety either,
the Commissioner shall furnish to
such insurance carrier, surety, or representative an
abstract of requester information in
the record of any person subject to the provisions of this title. The abstract transcript shall include any
record of any conviction of a violation of any provision of any statute or
ordinance relating to the operation or ownership of a motor vehicle or of any
injury or damage in which he was involved and a report of
which is required by § 46.2-372 filed pursuant to § 46.2-373.
No such report of any conviction or accident crash shall be made after 60
months from the date of the conviction or
accident crash
unless the Commissioner or court used the conviction or
accident crash
as a reason for the suspension or revocation of a driver's license or driving
privilege, in which case the revocation or suspension and any conviction or accident crash
pertaining thereto shall not be reported after 60 months from the date that the
driver's license or driving privilege has been reinstated. This
abstract The response of the
Commissioner under this subdivision shall not be admissible
in evidence in any court proceedings.
6. On Upon the
written request of any business organization or its authorized
agent, in the conduct of its business, the Commissioner shall compare personal
information supplied by the business organization or
agent requester
with that contained in the Department's records and, when the information
supplied by the business organization or
agent requester
is different from that contained in the Department's records, provide the business organization or agent requester with correct
information as contained in the Department's records. Personal information
provided under this subdivision shall be used solely for the purpose of
pursuing remedies that require locating an individual.
7. The Upon the written request of any business
organization or its authorized agent, the Commissioner shall provide vehicle information to any business organization or agent on
such business' or agent's written request the requester. Disclosures
made under this subdivision shall not include any personal information and
shall not be subject to the limitations contained in subdivision 6.
8. On Upon the
written request of any motor vehicle rental or leasing company or its designated
authorized agent, the Commissioner shall (i) compare
personal information supplied by the company or agent requester with that contained
in the Department's records and, when the information supplied by the company or agent requester is different from
that contained in the Department's records, provide the
company or agent requester
with correct information as contained in the Department's records and (ii)
provide the company or agent requester with driver
information in the form of an abstract of
any person subject to the provisions of this title. Such
abstract information
shall include any record of any conviction of a violation of any provision of
any statute or ordinance relating to the operation or ownership of a motor
vehicle or of any injury or damage in which the subject of the abstract
information was involved and a report of which is required by § 46.2-372 was filed pursuant to § 46.2-373.
No such abstract
information shall include any record of any conviction or accident crash
more than 60 months after the date of such conviction or
accident crash
unless the Commissioner or court used the conviction or
accident crash
as a reason for the suspension or revocation of a driver's license or driving
privilege, in which case the revocation or suspension and any conviction or accident crash
pertaining thereto shall cease to be included in such abstract information after 60 months from
the date on which the driver's license or driving privilege was reinstated. No abstract
released The response of the
Commissioner under this subdivision shall not be admissible in evidence
in any court proceedings.
9. On Upon the
request of any federal, state, or local governmental entity, local government
group self-insurance pool, law-enforcement officer, attorney for the
Commonwealth, court, or the authorized agent of any of the foregoing, the
Commissioner shall (i)
compare personal information supplied by the
governmental entity, local government group self-insurance pool,
law-enforcement officer, attorney for the Commonwealth, court, or the
authorized agent of any of the foregoing, requester with that contained
in the Department's records and, when the information supplied by the governmental entity, local government group
self-insurance pool, law-enforcement officer, attorney for the Commonwealth,
court, or the authorized agent of any of the foregoing, requester is different from
that contained in the Department's records, provide the
governmental entity, local government group self-insurance pool,
law-enforcement officer, attorney for the Commonwealth, court, or the
authorized agent of any of the foregoing requester with correct
information as contained in the Department's records and
(ii). The Commissioner shall
also provide driver, special identification
card, and vehicle information in the
form of an abstract of the record showing all convictions, accidents, and
driver's license suspensions or revocations as requested pursuant to this subdivision. The Commissioner may also release other appropriate information as to the
governmental entity, local government group
self-insurance pool, law-enforcement officer, attorney for the Commonwealth,
court, or the authorized agent of any of the foregoing, may require in order to
carry out its official functions upon
request. However, the Commissioner shall not release any
photographs pursuant to this subdivision unless the requester provides the depicted
individual's name and other sufficient identifying
information contained on such individual's record. The abstract information in this subdivision
shall be provided free of charge.
No information may be released pursuant to this subdivision unless the requester provides evidence, in a form prescribed by the Department, showing that the information requested is required to carry out the requester's official function. Such information shall include how the requested information will be used to carry out such official function and the legal authority that authorizes the requester's activity for which such information will be used. If the Commissioner determines that sufficient evidence has not been provided by the requester to show that the purpose for which such information shall be used is one of the requester's official functions, the Commissioner may deny such request.
10. On Upon the request
of the driver licensing authority in any other state or
foreign country, the Commissioner shall provide whatever
classes of driver and vehicle
information the requesting authority shall require in
order to carry out its official functions. The information
shall be provided free of charge.
11. On a. For the purpose of
obtaining information regarding noncommercial driver's
license holders, upon the written request of
any employer, prospective employer, or authorized agent of either, and with the
written consent of the individual concerned, the Commissioner shall (i) compare
personal information supplied by the employer, prospective
employer, or agent requester
with that contained in the Department's records and, when the information
supplied by the employer, prospective
employer, or agent requester
is different from that contained in the Department's records, provide the employer, prospective employer, or agent requester with correct
information as contained in the Department's records and (ii) provide the employer, prospective employer, or agent requester with driver
information in the form of an abstract a transcript of an
individual's record showing, including
all convictions, accidents all crashes, driver's license suspensions or revocations, and
any type of driver's license that the individual currently possesses, and all driver's license suspensions,
revocations, cancellations, or forfeiture,
provided that the such
individual's position or the position that the individual is being considered
for involves the operation of a motor vehicle.
b. For the purpose of obtaining information regarding commercial driver's license holders, upon the written request of any employer, prospective employer, or authorized agent of either, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide the requester with driver information in the form of a transcript of such individual's record, including all convictions, all crashes, any type of driver's license that the individual currently possesses, and all driver's license suspensions, revocations, cancellations, forfeitures, or disqualifications, provided that such individual's position or the position that the individual is being considered for involves the operation of a commercial motor vehicle.
12. On Upon the
written request of any member of a volunteer fire company
or volunteer emergency medical services agency and with written consent of the individual
concerned, or upon the request
of an applicant for membership in a volunteer fire company
or any volunteer emergency medical services personnel
or applicant to serve as volunteer emergency medical
services personnel, the Commissioner shall (i) compare personal information
supplied by the volunteer fire company
or volunteer emergency medical services agency requester
with that contained in the Department's records and, when the information
supplied by the volunteer fire company
or volunteer emergency medical services agency requester is different from
that contained in the Department's records, provide the
volunteer fire company or volunteer emergency medical
services agency requester
with correct information as contained in the Department's records and (ii)
provide driver information in the form of an
abstract a transcript
of the member's, personnel, or applicant's individual's record showing,
including all convictions,
accidents all crashes, license suspensions or revocations, and
any type of driver's license that the individual currently possesses, and all license suspensions, revocations,
cancellations, or forfeitures.
Such abstract
transcript shall be provided free of charge if the request
is accompanied by appropriate written evidence that the person is a member of
or applicant for membership in a volunteer fire company or a volunteer
emergency medical services agency to serve as a member of
a volunteer emergency medical services agency and the abstract
transcript is needed by a volunteer
fire company or volunteer emergency medical services agency the requester to establish the
qualifications of the member, volunteer, or applicant to operate equipment
owned by the volunteer fire company or volunteer emergency medical services
agency.
13. On Upon the
written request of any person who has
applied to be a volunteer with a Virginia affiliate of Big Brothers/Big Brothers Big Sisters of
America, a Virginia affiliate
of Compeer, or the Virginia Council of the Girl
Scouts of the USA, and with the consent of the individual who is the subject of
the information and has applied to be a volunteer with the requester, or on the
written request of a Virginia chapter of the American Red Cross, a
Virginia chapter of the Civil Air Patrol, or Faith in Action, and with
the consent of the individual who is the subject of the information and applied
to be a volunteer vehicle operator with the
requester, the Commissioner shall (i) compare personal
information supplied by a Virginia affiliate of
Big Brothers/Big Sisters of America the
requester with that contained in the Department's records
and, when the information supplied by a Virginia affiliate of
Big Brothers/Big Sisters of America the
requester is different from that contained in the
Department's records, provide the Virginia affiliate of
Big Brothers/Big Sisters of America
requester with correct information as contained in the
Department's records and (ii) provide driver information in the form of an abstract a transcript of the
applicant's record showing, including
all convictions, accidents all crashes, license suspensions or revocations, and
any type of driver's license that the individual currently possesses, and all license suspensions, revocations,
cancellations, or forfeitures. Such
abstract transcript
shall be provided at a fee that is one-half the normal charge if the request is
accompanied by appropriate written evidence that the person has applied to be a
volunteer or volunteer vehicle
operator with a Virginia affiliate of
Big Brothers/Big Sisters of America the
requester as provided in this subdivision.
14. On the written request of any
person who has applied to be a volunteer with a court-appointed special
advocate program pursuant to § 9.1-153, the Commissioner shall provide an abstract a transcript of the
applicant's record showing, including
all convictions, accidents all crashes, license suspensions or revocations, and
any type of driver's license that the individual currently possesses, and all license suspensions, revocations,
cancellations, or forfeitures. Such
abstract transcript
shall be provided free of charge if the request is accompanied by appropriate
written evidence that the person has applied to be a volunteer with a court-appointed
special advocate program pursuant to § 9.1-153.
15. Upon
the request of any employer, prospective employer, or authorized representative
of either, the Commissioner shall (i) compare personal information supplied by
the employer, prospective employer, or agent with that contained in the
Department's records and, when the information supplied by the employer,
prospective employer, or agent is different from that contained in the
Department's records, provide the employer, prospective employer, or agent with
correct information as contained in the Department's records and (ii) provide
driver information in the form of an abstract of the driving record of any
individual who has been issued a commercial driver's license, provided that the
individual's position or the position that the individual is being considered
for involves the operation of a commercial motor vehicle. Such abstract shall
show all convictions, accidents, license suspensions, revocations, or
disqualifications, and any type of driver's license that the individual
currently possesses.
16. Upon
the receipt of a completed application and payment of applicable processing
fees, the Commissioner may enter into an agreement with any governmental
authority or business to exchange information specified in this section by
electronic or other means.
17. Upon
the request of an attorney representing a person
involved in a motor vehicle
accident crash,
the Commissioner shall provide the
vehicle information for any vehicle involved
in the crash,
including and
the owner's name and address, to the attorney of the owner of any such vehicle.
18. Upon
the request, in the course of business, of any authorized representative of an
insurance company or of any not-for-profit entity organized to prevent and
detect insurance fraud, or perform rating and underwriting activities, the
Commissioner shall provide to such person
(i) all vehicle information, including
the owner's name and address, descriptive data and title, registration, and
vehicle activity data, as
requested, or (ii) all driver
information,
including name, license number and classification, date of birth, and address
information for each driver under the age of 22 licensed in the Commonwealth of Virginia meeting the
request criteria designated by such person, with provided that such request criteria consisting of includes the driver's license
number or address information. No
such information shall be used for solicitation of sales, marketing, or other
commercial purposes of such driver. Use of such information
shall be limited to use in connection with insurance claims investigation
activities, antifraud activities, rating, or underwriting.
19. Upon
the request of an officer authorized to issue criminal warrants, for the
purpose of issuing a warrant for arrest for unlawful disposal of trash or
refuse in violation of § 33.2-802 the Commissioner shall provide vehicle
information, including the owner's name and address.
20. Upon the written request of the compliance agent of a private security services business, as defined in § 9.1-138, which is licensed by the Virginia Department of Criminal Justice Services, the Commissioner shall provide the name and address of the owner of the vehicle under procedures determined by the Commissioner.
21. Upon the request of the
operator of a toll facility or, a
traffic light photo-monitoring system acting on behalf of a government entity,
or of the Dulles Access Highway,
or an authorized agent or employee of a toll facility operator or traffic light
photo-monitoring system operator acting on behalf of a government entity or the
Dulles Access Highway, for the purpose of obtaining vehicle owner data under
subsection M of § 46.2-819.1 or subsection H of § 15.2-968.1 or subsection N of
§ 46.2-819.5. Information released pursuant to this subdivision shall be
limited to the name and address of the owner of the vehicle having failed to
pay a toll or having failed to comply with a traffic light signal or having
improperly used the Dulles Access Highway and the vehicle information,
including all descriptive vehicle data and title and registration data of the
same vehicle.
22. On the
written request of any person who has applied to be a volunteer with a Virginia
affiliate of Compeer, the Commissioner shall (i) compare personal information
supplied by a Virginia affiliate of Compeer with that contained in the
Department's records and, when the information supplied by a Virginia affiliate
of Compeer is different from that contained in the Department's records, provide
the Virginia affiliate of Compeer with correct information as contained in the
Department's records and (ii) provide driver information in the form of an
abstract of the applicant's record showing all convictions, accidents, license
suspensions or revocations, and any type of driver's license that the
individual currently possesses. Such abstract shall be provided at a fee that
is one-half the normal charge if the request is accompanied by appropriate
written evidence that the person has applied to be a volunteer with a Virginia
affiliate of Compeer.
23. Upon
the request of the Department of Environmental Quality for the purpose of
obtaining vehicle owner data in connection with enforcement actions involving
on-road testing of motor vehicles, pursuant to § 46.2-1178.1.
24. On the
written request of any person who has applied to be a volunteer vehicle
operator with a Virginia chapter of the American Red Cross, the Commissioner
shall (i) compare personal information supplied by a Virginia chapter of the
American Red Cross with that contained in the Department's records and, when
the information supplied by a Virginia chapter of the American Red Cross is
different from that contained in the Department's records, provide the Virginia
chapter of the American Red Cross with correct information as contained in the
Department's records and (ii) provide driver information in the form of an
abstract of the applicant's record showing all convictions, accidents, license
suspensions or revocations, and any type of driver's license that the
individual currently possesses. Such abstract shall be provided at a fee that
is one-half the normal charge if the request is accompanied by appropriate
written evidence that the person has applied to be a volunteer vehicle operator
with a Virginia chapter of the American Red Cross.
25. On the
written request of any person who has applied to be a volunteer vehicle
operator with a Virginia chapter of the Civil Air Patrol, the Commissioner
shall (i) compare personal information supplied by a Virginia chapter of the
Civil Air Patrol with that contained in the Department's records and, when the
information supplied by a Virginia chapter of the Civil Air Patrol is different
from that contained in the Department's records, provide the Virginia chapter
of the Civil Air Patrol with correct information as contained in the
Department's records and (ii) provide driver information in the form of an
abstract of the applicant's record showing all convictions, accidents, license
suspensions or revocations, and any type of driver's license that the
individual currently possesses. Such abstract shall be provided at a fee that
is one-half the normal charge if the request is accompanied by appropriate
written evidence that the person has applied to be a volunteer vehicle operator
with a Virginia chapter of the Civil Air Patrol.
26. On the
written request of any person who has applied to be a volunteer vehicle
operator with Faith in Action, the Commissioner shall (i) compare personal
information supplied by Faith in Action with that contained in the Department's
records and, when the information supplied by Faith in Action is different from
that contained in the Department's records, provide Faith in Action with
correct information as contained in the Department's records and (ii) provide
driver information in the form of an abstract of the applicant's record showing
all convictions, accidents, license suspensions or revocations, and any type of
driver's license that the individual currently possesses. Such abstract shall
be provided at a fee that is one-half the normal charge if the request is
accompanied by appropriate written evidence that the person has applied to be a
volunteer vehicle operator with Faith in Action.
27. On Upon the
written request of the surviving spouse or
child of a deceased person or the executor or administrator
of a deceased person's estate, the Department shall, if the deceased person had
been issued a driver's license or special identification card by the
Department, supply the requestor requester with a hard copy
image of any photograph of the deceased person kept in the Department's
records.
28. On the
written request of any person who has applied to be a volunteer with a Virginia
Council of the Girl Scouts of the USA, the Commissioner shall (i) compare
personal information supplied by a Virginia Council of the Girl Scouts of the
USA with that contained in the Department's records and, when the information
supplied by a Virginia Council of the Girl Scouts of the USA is different from that
contained in the Department's records, provide a Virginia Council of the Girl
Scouts of the USA with correct information as contained in the Department's
records and (ii) provide driver information in the form of an abstract of the
applicant's record showing all convictions, accidents, license suspensions or
revocations, and any type of driver's license that the individual currently
possesses. Such abstract shall be provided at a fee that is one-half the normal
charge if the request is accompanied by appropriate written evidence that the
person has applied to be a volunteer with the Virginia Council of the Girl
Scouts of the USA.
29. a. Upon written agreement, the Commissioner may digitally
verify the authenticity and validity of a driver's license, learner's permit,
or special identification card to the American Association of Motor Vehicle
Administrators, a motor vehicle dealer as defined in § 46.2-1500, or other
another organization approved by the Commissioner.
b. The Commissioner may release information in the Department's record through any American Association of Motor Vehicle Administrators service program created for the purpose of the exchange of information to any business, government agency, or authorized agent who would otherwise be authorized to receive the information requested pursuant to this section.
30. Upon the request of the operator of a video-monitoring system as defined in § 46.2-844 acting on behalf of a government entity, the Commissioner shall provide vehicle owner data pursuant to subsection B of § 46.2-844. Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having passed a stopped school bus and the vehicle information, including all descriptive vehicle data and title and registration data for such vehicle.
31. Notwithstanding the provisions of this section, the Department shall not release excepts upon request by the subject of the information, the guardian of the subject of the information, the parent of a minor who is the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driving credential or a special identification card, (ii) the information in the Department's records indicating the type of proof documentation that was provided, or (iii) applications relating to the issuance of a driving credential or a special identification card.
32. Notwithstanding the provisions of this section, including subdivision 31, the Department may release information in its records for the purpose of federal compliance audits.
C. Whenever the
Commissioner issues an order to suspend or revoke the driver's license or
driving privilege of any individual, he may notify the National Driver Register
Service operated by the United States Department of Transportation and any
similar national driver information system and provide whatever classes of
information the authority may require
Information disclosed or furnished shall be assessed a fee as specified in §
46.2-214, unless as otherwise provided in this section.
D. Accident reports may
be inspected under the provisions of §§ 46.2-379 and 46.2-380.
E. Whenever the
Commissioner takes any licensing action pursuant to the provisions of the
Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.), he may provide
information to the Commercial Driver License Information System, or any similar
national commercial driver information system, regarding such action.
F. In addition to the
foregoing provisions of this section, vehicle information may also be inspected
under the provisions of §§ 46.2-633, 46.2-644.02, 46.2-644.03, and §§
46.2-1200.1 through 46.2-1237.
G. The Department may
promulgate regulations to govern the means by which personal, vehicle, and
driver information is requested and disseminated.
H. Driving records of any
person accused of an offense involving the operation of a motor vehicle shall be
provided by the Commissioner upon request to any person acting as counsel for
the accused. If such counsel is from the public defender's office or has been
appointed by the court, such records shall be provided free of charge.
I. The Department shall
maintain the records of persons convicted of violations of § 18.2-36.2,
subsection B of § 29.1-738, and §§ 29.1-738.02, 29.1-738.2, and 29.1-738.4
which shall be forwarded by every general district court or circuit court or
the clerk thereof, pursuant to § 46.2-383. Such records shall be electronically
available to any law-enforcement officer as provided for under clause (ii) of
subdivision B 9.
J. Whenever the
Commissioner issues a certificate of title for a motor vehicle, he may notify the
National Motor Vehicle Title Information System, or any other nationally
recognized system providing similar information, or any entity contracted to
collect information for such system, and may provide whatever classes of
information are required by such system.
D. Upon the receipt of a completed application and payment of applicable processing fees, the Commissioner may enter into an agreement with any governmental authority or business to exchange information specified in this section by electronic or other means.
§ 46.2-208.1. Electronic transfer of information in Department records for voter registration purposes.
Notwithstanding the provisions of § 46.2-208, the Commissioner
shall provide for the electronic transfer of information from the Department's
records to the State Board Department of Elections and
the general registrars for the purpose of voter registration as required by
Chapter 4 (§ 24.2-400 et seq.) of Title
24.2, including but not limited to the purposes of § 24.2-410.1. Except as
provided in §§ 24.2-404 and 24.2-444, the State
Board Department
of Elections and the general registrars shall not make information provided by
the Department available to the public and shall not provide such information
to any third party.
§ 46.2-208.3. Notice by Department.
The Department may send notice of a driver's license renewal pursuant to § 46.2-330, a vehicle registration renewal, or other notice in the form of a postcard to a customer at the address shown on the records of the Department. For the purposes of this section, the information provided as part of such notice sent to a customer shall not be considered privileged information as described in § 46.2-208. Such information shall only be disclosed as permitted in this section.
§ 46.2-380. Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period.
A. Any report of an accident a crash made pursuant to §
46.2-372, 46.2-373, 46.2-375, or 46.2-377 shall be maintained by the Department
in either hard copy or electronic form for a period of at least 36 months from
the date of the accident and crash. The report shall be
open to the inspection of (i) any person involved or injured in the accident crash
or as a result thereof, or his attorney, or any
person owning a vehicle or property involved in the crash, or his attorney,
(ii) any authorized representative of any insurance carrier reasonably
anticipating exposure to civil liability as a consequence of the accident crash
or to which the person has applied for issuance or renewal of a policy of
automobile insurance, or (iii) the FMCSA or any authorized agent thereof. The
Commissioner shall, on upon written request of the person authorized to inspect the report,
furnish a copy of the report, in either hard copy or electronic form, at the
expense of the requester. Any such report shall also be open to inspection by
the personal representative of any person injured or killed in the accident crash, including his guardian,
conservator, executor, committee, next of kin as defined in § 54.1-2800, or
administrator, or, if the person injured or killed is under 18 years of age,
his parent or guardian. The Commissioner shall only be required to furnish
under this section copies of reports required by the provisions of this article
to be made directly to the Commissioner. The Commissioner may set a reasonable
fee for furnishing a copy of any report, provide to whom payment shall be made,
and establish a procedure for payment.
B. The Commissioner or Superintendent of State Police having a
copy of any photograph taken by a law-enforcement officer relating to a
nonfatal accident crash
shall maintain the negatives for or an electronic record of such photographs in
their records for at least 36 months from the date of the
accident crash.
2. That §§ 46.2-208.2 and 46.2-213 of the Code of Virginia are repealed.
3. That an emergency exists and this act is in force from its passage.