HB1826: Motor vehicles; proof of financial responsibility.

HOUSE BILL NO. 1826

Offered January 11, 2017
Prefiled January 9, 2017
A BILL to amend and reenact §§ 46.2-104 and 46.2-902.1 of the Code of Virginia, relating to proof of financial responsibility or payment of the uninsured motorist fee by motorists.
Patron-- Yost

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.2-104 and 46.2-902.1 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-104. Possession of registration cards, licenses and proof of financial responsibility; failure to carry registration card, license, and proof of financial responsibility.

The operator of any motor vehicle, trailer, or semitrailer being operated on the highways in the Commonwealth, shall have in his possession: (i) the registration card issued by the Department or the registration card issued by the state or country in which the motor vehicle, trailer, or semitrailer is registered, and; (ii) his driver's license, learner's permit, or temporary driver's permit; and (iii) proof of either financial responsibility by one of the methods provided in § 46.2-436 or payment of the uninsured motorist fee pursuant to § 46.2-706.

The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer's request, exhibit his registration card, driver's license, learner's permit, or temporary driver's permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity.

Every person licensed by the Department as a driver or issued a learner's or temporary driver's permit who fails to carry his license or permit, and the registration card for the vehicle which he operates, and proof of either financial responsibility or payment of the uninsured motorist fee shall be guilty of a traffic infraction and upon conviction punished by a fine of ten dollars $10. However, if any person summoned to appear before a court for failure to display his license, permit, or registration card, or proof of either financial responsibility or payment of the uninsured motorist fee presents, before the return date of the summons, to the court a license or permit issued to him prior to the time the summons was issued or a registration card or proof of either financial responsibility or payment of the uninsured motorist fee, as the case may be, or appears pursuant to the summons and produces before the court a license or permit issued to him prior to the time the summons was issued or a registration card or proof of either financial responsibility or payment of the uninsured motorist fee, as the case may be, he shall, upon payment of all applicable court costs, have complied with the provisions of this section.

§ 46.2-902.1. Penalty for failure to furnish proof of financial responsibility after an accident.

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 either financial responsibility by one of the methods provided in § 46.2-436 or payment of the uninsured motorist fee pursuant to § 46.2-706 when required by a law-enforcement officer as provided in this section at the scene of a motor vehicle accident where such law-enforcement officer is required by § 46.2-373 to file an accident report with the Department within thirty 30 days shall constitute a Class 2 misdemeanor.