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2023 SESSION
23102400DBe it enacted by the General Assembly of Virginia:
1. That §§ 8.01-66.1, 46.2-214.3, 46.2-646, 46.2-646.1, 46.2-706, 46.2-707, 46.2-707.1, 46.2-708, 46.2-902.1, and 46.2-1530 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-66.1. Remedy for arbitrary refusal of motor vehicle insurance claim.
A. Whenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 denies, refuses or fails to pay to its insured a claim of $3,500 or less in excess of the deductible, if any, under the provisions of a policy of motor vehicle insurance issued by such company to the insured and it is subsequently found by the judge of a court of proper jurisdiction that such denial, refusal or failure to pay was not made in good faith, the company shall be liable to the insured in an amount double the amount otherwise due and payable under the provisions of the insured's policy of motor vehicle insurance, together with reasonable attorney's fees and expenses.
The provisions of this subsection shall be construed to include an insurance company's refusal or failure to pay medical expenses to persons covered under the terms of any medical payments coverage extended under a policy of motor vehicle insurance, when the amount of the claim therefor is $3,500 or less and the refusal was not made in good faith.
B. Notwithstanding the provisions of subsection A, whenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 denies, refuses or fails to pay to a third party claimant, on behalf of an insured to whom such company has issued a policy of motor vehicle liability insurance, a claim of $3,500 or less made by such third party claimant and if the judge of a court of proper jurisdiction finds that the insured is liable for the claim, the third party claimant shall have a cause of action against the insurance company. If the judge finds that such denial, refusal or failure to pay was not made in good faith, the company, in addition to the liability assumed by the company under the provisions of the insured's policy of motor vehicle liability insurance, shall be liable to the third party claimant in an amount double the amount of the judgment awarded the third party claimant, together with reasonable attorney's fees and expenses.
C. Notwithstanding the provisions of subsections A and B, whenever any person who has paid a fee to the Department of Motor Vehicles to
register an uninsured motor vehicle pursuant to § 46.2-706 or any person who
has furnished proof of financial responsibility in lieu of
obtaining a policy or policies of motor vehicle liability insurance pursuant to
the provisions of Title 46.2 or any person who is required and has failed either to pay such fee or to
furnish such proof pursuant to the provisions of Title 46.2 denies, refuses, or fails to pay to a claimant
a claim of $3,500 or less made by such claimant as a result of a motor vehicle
accident;,
and if the trial judge of a court of proper jurisdiction finds that such
denial, refusal, or failure to pay was not
made in good faith, such person shall be liable to the claimant in an amount
double the amount otherwise due and payable together with reasonable attorney's attorney
fees and expenses.
For the purposes of this subsection C, "person" shall mean means
and include includes
any natural person, firm, partnership, association,
or corporation.
D. 1. Whenever a court of proper jurisdiction finds that an insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 denies, refuses or fails to pay to its insured a claim of more than $3,500 in excess of the deductible, if any, under the provisions of a policy of motor vehicle insurance issued by such company to the insured and it is subsequently found by the judge of a court of proper jurisdiction that such denial, refusal or failure to pay was not made in good faith, the company shall be liable to the insured in the amount otherwise due and payable under the provisions of the insured's policy of motor vehicle insurance, plus interest on the amount due at double the rate provided in § 6.2-301 from the date that the claim was submitted to the insurer or its authorized agent, together with reasonable attorney's fees and expenses.
2. The provisions of this subsection shall be construed to include an insurance company's refusal or failure to pay medical expenses to persons covered under the terms of any medical payments coverage extended under a policy of motor vehicle insurance when the refusal was not made in good faith.
§ 46.2-214.3. Discount for multiyear registration.
A. Pursuant to subsection C of § 46.2-646, for each motor
vehicle, trailer, or semitrailer registered, the Commissioner may offer, at his
discretion, a discount for multiyear registrations of such vehicles. The
discount shall be equal to $1 for each year of the multiyear registration or
fraction thereof. The discount shall not be applicable to any motor vehicle,
trailer, or semitrailer registered (i) under
the International Registration Plan or (ii) as an uninsured motor
vehicle. When this option is offered and chosen by the
registrant, all annual and 12-month fees due at the time of registration shall
be multiplied by the number of years or fraction thereof that the vehicle will
be registered.
B. In addition to the discount authorized in subsection A, for
the renewal of registration of each motor vehicle, trailer, or semitrailer
pursuant to § 46.2-646, the Commissioner shall offer a discount for renewal
when such registration renewal is conducted using the Internet. The discount
shall be equal to $1. The discount shall not apply to any motor vehicle,
trailer, or semitrailer registered (i) under
the International Registration Plan or (ii) as an uninsured motor
vehicle.
§ 46.2-646. Expiration and renewal of registration.
A. Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring registration if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.
B. All motor vehicles, trailers, and semitrailers registered in the Commonwealth shall, at the discretion of the Commissioner, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the 12 months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for a period of 12 months. The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
C. The Commissioner may offer, at his discretion, an optional
multi-year registration for all motor vehicles, trailers, and semitrailers
except for (i) those registered under the
International Registration Plan and (ii) those registered as
uninsured motor vehicles. When this option is offered and
chosen by the registrant, all annual and 12-month fees due at the time of
registration shall be multiplied by the number of years or fraction thereof
that the vehicle will be registered.
D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date.
E. No law-enforcement officer shall stop a motor vehicle due to an expired registration sticker prior to the first day of the fourth month after the original expiration date. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
§ 46.2-646.1. Deactivation and reactivation of registration; fees.
A. The owner of a motor vehicle that has been registered in
the Commonwealth may apply to the Commissioner to deactivate the registration
of such vehicle. The owner of a motor vehicle who has voluntarily deactivated
the vehicle's registration pursuant to this section shall not be required, with
respect to such vehicle, to carry bodily injury liability insurance or property
damage insurance, or to pay the uninsured motor vehicle fee as
provided under § 46.2-706.
It shall be unlawful to operate any motor vehicle whose registration has been deactivated on any highway in the Commonwealth.
B. Any person having a motor vehicle for which registration
has been deactivated under subsection A may apply to the Commissioner to
reactivate the registration of such vehicle. Every applicant for reactivation
of registration shall furnish the Commissioner with such evidence as is
required under § 46.2-649 and shall either (i)
execute and furnish to the Commissioner his certificate that the motor vehicle
for which registration is to be reactivated is an insured motor vehicle as
defined in § 46.2-705, or that the Commissioner has issued to its owner, in
accordance with § 46.2-368, a certificate of self-insurance applicable to the
vehicle or (ii) pay the uninsured motor vehicle fee
required by § 46.2-706, which shall be disposed of as provided by § 46.2-710.
The fee to be paid to the Department for the reactivation of a motor vehicle's
registration shall be $10 unless the vehicle's registration has expired or the
vehicle is registered under the International Registration Plan.
§ 46.2-706. Proof of insurance required of applicants for registration of motor vehicles; verification of insurance; suspension of driver's license, registration certificates, and license plates for certain violations.
A. In addition to any other fees
prescribed by law, every person registering an uninsured motor vehicle, as
defined in § 46.2-705, at the time of registering or reregistering the
uninsured vehicle, shall pay a fee of $500; however, if the uninsured motor
vehicle is being registered for a period of less than a full year, the
uninsured motor vehicle fee shall be prorated for the unexpired portion of the
registration period. If the vehicle is a motor vehicle being registered as
provided in subsection B of § 46.2-697, the fee shall be one-fourth of the
annual uninsured motor vehicle fee for each quarter for which the vehicle is
registered.
B. If the owner of a motor vehicle registered under
this article as an uninsured motor vehicle, during the period for which such
vehicle is registered, obtains insurance coverage adequate to permit such
vehicle's registration as an insured motor vehicle and presents evidence
satisfactory to the Commissioner of the existence of such insurance coverage,
the Commissioner shall amend the Department's records to show such vehicle to
be registered as an insured motor vehicle and shall refund to the owner a
prorated portion of the additional fee required by this section for
registration of an uninsured motor vehicle. Such proration shall be on a
monthly basis, except that no such refund shall be made (i) as to any
registration during the last three months of its validity or (ii) on any
portion of any such fee required to be paid resulting from a determination by
the Department or any court that a vehicle was uninsured and no fee had been
paid.
C. Every person applying for
registration of a motor vehicle and declaring it to be an
insured motor vehicle shall, under the penalties set forth
in § 46.2-707, execute and furnish to the Commissioner his certificate that the
motor vehicle is an insured motor vehicle as defined in § 46.2-705, or that the
Commissioner has issued to its owner, in accordance with § 46.2-368, a
certificate of self-insurance applicable to the vehicle sought to be
registered. The Commissioner, or his duly authorized agent, may verify that the
motor vehicle is properly insured by comparing owner and vehicle identification
information on file at the Department of Motor Vehicles with liability
information on the owner and vehicle transmitted to the Department by any
insurance company licensed to do business in the Commonwealth as provided in §
46.2-706.1. If no record of liability insurance is found, the Department may
require the motor vehicle owner to verify insurance in a method prescribed by
the Commissioner.
D. B. The
refusal or neglect of any owner within 30 days to submit the liability
insurance information when required by the Commissioner or his duly authorized
agent, or the electronic notification by the insurance company or surety company
that the policy or bond named in the certificate of insurance is not in effect,
shall require the Commissioner to suspend any driver's license and all
registration certificates and license plates issued to the owner of the motor
vehicle until the person (i) has paid to the Commissioner a noncompliance fee
of $600 to be disposed of as provided for in § 46.2-710 and (ii) furnishes
proof of financial responsibility for the future in the manner prescribed in
Article 15 (§ 46.2-435 et seq.) of Chapter 3. No order of suspension required
by this section shall become effective until the Commissioner has offered the
person an opportunity for an administrative hearing to show cause why the order
should not be enforced. Notice of the opportunity for an administrative hearing
may be included in the order of suspension. Any request for an administrative
hearing made by such person must be received by the Department within 180 days
of the issuance date of the order of suspension unless the person presents to
the Department evidence of military service as defined by the federal
Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration,
commitment, hospitalization, or physical presence outside the United States at
the time the order of suspension was issued. When three years have elapsed from
the effective date of the suspension required in this section, the Commissioner
may relieve the person of the requirement of furnishing proof of future
financial responsibility.
E. C. The
Commissioner shall suspend the driver's license and all registration
certificates and license plates of any person on receiving a record of his
conviction of a violation of any provisions of § 46.2-707, but the Commissioner
shall dispense with the suspension when the person is convicted for a violation
of § 46.2-707 and the Department's records show conclusively that the motor
vehicle was insured or that the fee applicable to
the registration of an uninsured motor vehicle has been paid by the owner
prior to the date and time of the alleged offense.
F. D. The
Commissioner may dispense with a suspension for a violation of this section or
§ 46.2-708 if the person determined to have committed the violation provides to
the Commissioner proof that conclusively shows that the motor vehicle in
question was insured at the time the Department initiated insurance monitoring
under § 46.2-706 this section
or § 46.2-706.1 or at the time of a violation of §
46.2-708.
§ 46.2-707. Operation of uninsured vehicle; false evidence of insurance; penalty.
Any person who owns an uninsured motor vehicle (i) licensed in
the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii)
displaying temporary license plates provided for in § 46.2-1558 who operates or
permits the operation of that motor vehicle without
first having paid to the Commissioner the uninsured motor vehicle fee required
by § 46.2-706, to be disposed of as provided by § 46.2-710, shall be is guilty of a Class 3
misdemeanor.
Any person who is the operator of such an uninsured motor
vehicle and not the titled owner, and who knows that the required fee has not been paid to the
Commissioner, shall be such motor
vehicle is uninsured is guilty of a Class 3 misdemeanor.
The Commissioner or his duly authorized agent, having reason
to believe that a motor vehicle is being operated or has been operated on any
specified date, may require the owner of such motor vehicle to verify insurance
in a method prescribed by the Commissioner as provided for by § 46.2-706. The
refusal or neglect of the owner who has not, prior to the date
of operation, paid the uninsured motor vehicle fee required by § 46.2-706 as to
such motor vehicle, to provide such verification shall be
prima facie evidence that the motor vehicle was an uninsured motor vehicle at
the time of such operation.
Any person who falsely verifies insurance to the Commissioner or gives false evidence that a motor vehicle sought to be registered is an insured motor vehicle, shall be guilty of a Class 3 misdemeanor.
However, the foregoing portions of this section shall not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of § 46.2-609 shall be applicable.
Any person who owns an uninsured motor vehicle (i) licensed in
the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii)
displaying temporary license plates provided for in § 46.2-1558, and who has not paid the
uninsured motor vehicle fee required by § 46.2-706, shall
immediately surrender the vehicle's license plates to the Department, unless
the vehicle's registration has been deactivated as provided by § 46.2-646.1.
Any person who fails to immediately surrender his vehicle's license plates as
required by this section is guilty of a Class 3 misdemeanor.
Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section shall be forwarded to the Commissioner as prescribed by § 46.2-383.
The Commissioner shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays a noncompliance fee of $600 to be disposed of as provided for in § 46.2-710 and furnishes proof of future financial responsibility as prescribed by Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, when three years have elapsed from the date of the suspension herein required, the Commissioner may relieve such person of the requirement of furnishing proof of future financial responsibility. When such suspension results from a conviction for presenting or causing to be presented to the Commissioner false verification as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the Commissioner shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person so convicted for a period of 180 days from the date of such order of suspension, and only then when all other provisions of law have been complied with by such person.
The Commissioner shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section and he shall not thereafter reissue the driver's license until 30 days from the date of such order of suspension.
§ 46.2-707.1. Noncompliance fee payment plan.
A. The Department may establish a noncompliance fee payment plan to allow individuals to pay the fees for a motor vehicle determined to be uninsured as prescribed in § 46.2-706, 46.2-707, or 46.2-708. Notwithstanding §§ 46.2-706, 46.2-707, and 46.2-708, an individual 18 years of age or older whose driver's license and vehicle registration have been suspended pursuant to § 46.2-706, 46.2-707, or 46.2-708 may apply to the Department to enter into a payment plan agreement with a duration of no more than three years from the agreement date, referred to in this section as the "payment plan period."
B. To be eligible to enter into the payment plan, the individual must (i) have one or more outstanding suspensions of driving privileges pursuant to the provisions of § 46.2-706, 46.2-707, or 46.2-708 and have no other outstanding suspensions or revocations; (ii) meet all other conditions for reinstatement of driving privileges; and (iii) have not defaulted twice on the same uninsured motor vehicle payment plan agreement.
C. An eligible individual who pays a $25 administrative fee when entering into a payment plan agreement or when reentering into a payment plan agreement with the Department, and pays the reinstatement fee pursuant to §§ 46.2-333.1 and 46.2-411, if required, shall be eligible to have his driving privileges reinstated by the Department.
D. The amount and frequency of each payment and the duration of the payment plan shall be described in the payment plan agreement signed by the Department and the individual. Payments may be made in person, online, by telephone, or by mail. The full fee must be paid in no more than three years from the agreement date; however, an individual may repay the balance of the fee at any time during the payment plan period with no penalty.
E. If an individual defaults on the payment plan agreement,
the Commissioner shall suspend the driver's license and all registration
certificates and license plates issued to the owner of the motor vehicle
determined to be uninsured. Such driver's license, registration certificates,
and license plates shall remain suspended until the individual pays the balance
of the fee applicable to the registration of an
uninsured motor vehicle his offense
as prescribed in § 46.2-706, 46.2-707, or 46.2-708 and furnishes proof of
future financial responsibility as prescribed by Article 15 (§ 46.2-435 et
seq.) of Chapter 3. An individual is in default if he (i) pays an installment
payment late as defined in the payment plan agreement or (ii) fails to make an
installment payment as agreed to in the payment plan agreement. If an
individual is in default and is ineligible to reenter the payment plan, full
payment of the balance of the fee shall be due as agreed to in the payment plan
agreement. The Commissioner may extend the due date of any installment payment
for not more than 30 days if the Department is unable to process an installment
payment due to circumstances beyond its control.
F. When all fees are paid, the individual shall continue to furnish proof of financial responsibility pursuant to Article 15 (§ 46.2-435 et seq.) of Chapter 3 and § 46.2-709.
G. Installment payments of the fee with respect to the motor vehicle determined to be uninsured shall be disposed of pursuant to § 46.2-710. The administrative fee shall be paid to the Commissioner and deposited into the state treasury account set aside in a special fund to be used to meet the necessary expenses incurred by the Department.
§ 46.2-708. Suspension of driver's license and registration when uninsured motor vehicle is involved in reportable accident; hearing prior to suspension.
When it appears to the Commissioner from the records of his
office or from a report submitted by an insurance company licensed to do
business in the Commonwealth that an uninsured motor vehicle as defined in §
46.2-705, subject to registration in the Commonwealth, is involved in a
reportable accident in the Commonwealth resulting in death, injury, or property damage with respect to which motor vehicle the owner
thereof has not paid the uninsured motor vehicle fee as prescribed in §
46.2-706, the Commissioner
shall, in addition to enforcing the applicable provisions of Article 13 (§
46.2-417 et seq.) of Chapter 3, suspend such owner's driver's license and all of
his license plates and registration certificates until such person has complied
with Article 13 of Chapter 3 and has paid to the Commissioner a noncompliance
fee of $600, to be disposed of as provided by § 46.2-710, with respect to the
motor vehicle involved in the accident and furnishes proof of future financial
responsibility in the manner prescribed in Article 15 (§ 46.2-435 et seq.) of
Chapter 3. However, no order of suspension required by this section shall
become effective until the Commissioner has offered the person an opportunity
for an administrative hearing to show cause why the order should not be
enforced. Notice of the opportunity for an administrative hearing may be
included in the order of suspension. Any request for an administrative hearing
made by such person must be received by the Department within 180 days of the
issuance date of the order of suspension unless the person presents to the
Department evidence of military service as defined by the federal
Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), incarceration,
commitment, hospitalization, or physical presence outside the United States at
the time the order of suspension was issued.
However, when three years have elapsed from the effective date
of the suspension herein required, the Commissioner may relieve such person of
the requirement of furnishing proof of future financial responsibility. The
presentation by a person subject to the provisions of this section of a
certificate of insurance, executed by an agent or representative of an
insurance company qualified to do business in this Commonwealth, showing that
on the date and at the time of the accident the vehicle was an insured motor
vehicle as herein defined, or, presentation by such
person of evidence that the additional fee applicable to the registration of an
uninsured motor vehicle had been paid to the Department prior to the date and
time of the accident, shall be sufficient bar to the
suspension provided for in this section.
§ 46.2-902.1. Officer may require certain motorists to furnish proof of insurance; penalty.
Any law-enforcement officer present at the scene of a motor
vehicle accident as to which a law-enforcement officer is required by §
46.2-373 to file an accident report with the Department may require the
operator of any motor vehicle involved in such accident to furnish proof that
the vehicle he was operating at the time of such accident was either (i) an insured motor
vehicle as defined in § 46.2-705 or (ii) a vehicle for which
the fee required by § 46.2-706 for registration of an uninsured vehicle had
been paid as to that vehicle. Failure to furnish proof of
insurance or payment of the uninsured vehicle registration
fee when required by a law-enforcement officer as provided
in this section within thirty days shall constitute a Class 2 misdemeanor.
§ 46.2-1530. Buyer's order.
A. Every motor vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a motor vehicle. A copy of the buyer's order form shall be made available to a prospective buyer during the negotiating phase of a sale and prior to any sales agreement. The completed original shall be retained for a period of five years in accordance with § 46.2-1529, and a duplicate copy shall be delivered to the purchaser at the time of sale or exchange. A buyer's order shall include:
1. The name and address of the person to whom the vehicle was sold or traded.
2. The date of the sale or trade.
3. The name and address of the motor vehicle dealer selling or trading the vehicle.
4. The make, model year, vehicle identification number and body style of the vehicle.
5. The sale price of the vehicle.
6. The amount of any cash deposit made by the buyer.
7. A description of any vehicle used as a trade-in and the amount credited the buyer for the trade-in. The description of the trade-in shall be the same as outlined in subdivision 4.
8. The amount of any sales and use tax, title fee, uninsured motor vehicle fee,
registration fee, purchaser's online systems filing fee, or other fee required
by law for which the buyer is responsible and the dealer has collected. Each
tax and fee shall be individually listed and identified.
9. The net balance due at settlement.
10. Any item designated as "processing fee," and the amount charged by the dealer, if any, for processing the transaction. As used in this section, processing includes obtaining title and license plates for the purchaser, but does not include any "purchaser's online systems filing fee," as defined in § 46.2-1530.1, or any "dealer's manual transaction fee," as defined in § 46.2-1530.2.
11. Any item designated as "dealer's business license tax," and the amount charged by the dealer, if any.
12. If the dealer delivers to the customer a vehicle purchased by the customer on or after July 1, 2010, that is conditional on dealer-arranged financing, the following notice, printed in bold type no less than 10 point: "IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER'S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THE VEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOES NOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN THE DEALER GETS THE VEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR, THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMER PROTECTION ACT."
13. For sales of used motor vehicles, the disclosure required by § 46.2-1529.1.
Except for trailers and travel trailers, if the transaction does not include a policy of motor vehicle liability insurance, the seller shall stamp or mark on the face of the bill of sale in boldface letters no smaller than 18-point type the following words: "No Liability Insurance Included."
A completed buyer's order when signed by both buyer and seller may constitute a bill of sale.
B. The Board shall approve a buyer's order form and each dealer shall file with each original license application its buyer's order form, on which the processing fee amount is stated.
C. If a processing fee is charged, that fact and the amount of the processing fee shall be disclosed by the dealer. Disclosure shall be by placing a clear and conspicuous sign in the public sales area of the dealership. The sign shall be no smaller than eight and one-half inches by 11 inches and the print shall be no smaller than one-half inch, and in a form as approved by the Board.
D. Except for trailers, if the buyer's order is for a new motor vehicle that had accumulated, at the time of the sale, mileage in excess of 750 miles as a demonstrator or as a result of delivery to a prospective purchaser who never took title to the new motor vehicle and returned it, the vehicle may be sold as new, provided the dealer delivers this disclosure in writing on the buyer's order containing type of no smaller than 10 point or in a separate document containing only the disclosure in type of no smaller than 14 point: "Notice: This new motor vehicle has accumulated mileage in excess of 750 miles as the result of use as a demonstrator and/or as the result of delivery to a prior prospective purchaser who never took title to it and who returned it." When delivered as a separate document, this disclosure shall also contain the actual odometer reading for the vehicle and shall be signed by the purchaser.
E. The provisions of this section shall not apply to the sale or exchange of (i) a tractor truck, (ii) a truck having a gross vehicle weight rating of 16,000 pounds or more, or (iii) a semitrailer.
2. That the Commissioner of the Department of Motor Vehicles (the Commissioner) shall begin verifying the insurance coverage of any vehicle owner who has previously paid the uninsured motorist fee and has not verified insurance pursuant to § 46.2-706 of the Code of Virginia, as amended in this act, or been issued a certificate of self-insurance pursuant to § 46.2-368 of the Code of Virginia.
3. That the provisions of the first and second enactments of this act shall become effective July 1, 2024.
4. That the Commissioner of the Department of Motor Vehicles (the Commissioner) may continue to register uninsured vehicles as provided in § 46.2-706 of the Code of Virginia prior to the effective date of this act, but any such registration shall expire prior to July 1, 2024. Such registration may be renewed prior to July 1, 2024 if the vehicle owner provides proof of insurance pursuant to § 46.2-706 of the Code of Virginia or has been issued a certificate of self-insurance pursuant to § 46.2-368 of the Code of Virginia.