46.2-694 - (Contingent expiration date - see Editor's note) Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof.
§ 46.2-694. (Contingent expiration date - see Editor's note) Fees forvehicles designed and used for transportation of passengers; weights used forcomputing fees; burden of proof.
A. The annual registration fees for motor vehicles, trailers, andsemitrailers designed and used for the transportation of passengers on thehighways in the Commonwealth are:
1. Thirty-three dollars for each private passenger car or motor home if thepassenger car or motor home weighs 4,000 pounds or less, provided that it isnot used for the transportation of passengers for compensation and is notkept or used for rent or for hire, or is not operated under a lease without achauffeur.
2. Thirty-eight dollars for each passenger car or motor home which weighsmore than 4,000 pounds, provided that it is not used for the transportationof passengers for compensation and is not kept or used for rent or for hire,or is not operated under a lease without a chauffeur.
3. Thirty cents per 100 pounds or major fraction thereof for a private motorvehicle other than a motorcycle with a normal seating capacity of more than10 adults including the driver if the private motor vehicle is not used forthe transportation of passengers for compensation and is not kept or used forrent or for hire or is not operated under a lease without a chauffeur. In nocase shall the fee be less than $23 if the vehicle weighs 4,000 pounds orless or $28 if the vehicle weighs more than 4,000 pounds.
4. Thirty cents per 100 pounds or major fraction thereof for a school bus. Inno case shall the fee be less than $23 if the vehicle weighs 4,000 pounds orless or $28 if the vehicle weighs more than 4,000 pounds.
5. Twenty-three dollars for each trailer or semitrailer designed for use asliving quarters for human beings.
6. Thirteen dollars plus $0.30 per 100 pounds or major fraction thereof foreach motor vehicle, trailer, or semitrailer used as a common carrier ofpassengers, operating either intrastate or interstate. Interstate commoncarriers of interstate passengers may elect to be licensed and pay the feesprescribed in subdivision 7 of this subsection on submission to theCommissioner of a declaration of operations and equipment as he mayprescribe. An additional $5 shall be charged if the motor vehicle weighs morethan 4,000 pounds.
7. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof foreach motor vehicle, trailer, or semitrailer used as a common carrier ofinterstate passengers if election is made to be licensed under thissubsection. An additional $5 shall be charged if the motor vehicle weighsmore than 4,000 pounds. In lieu of the foregoing fee of $0.70 per 100 pounds,a motor carrier of passengers, operating two or more vehicles both within andoutside the Commonwealth and registered for insurance purposes with theSurface Transportation Board of the United States Department ofTransportation, Federal Highway Administration, may apply to the Commissionerfor prorated registration. Upon the filing of such application, in such formas the Commissioner may prescribe, the Commissioner shall apportion theregistration fees provided in this subsection so that the total registrationfees to be paid for such vehicles of such carrier shall be that proportion ofthe total fees, if there were no apportionment, that the total number ofmiles traveled by such vehicles of such carrier within the Commonwealth bearsto the total number of miles traveled by such vehicles within and outside theCommonwealth. Such total mileage in each instance is the estimated totalmileage to be traveled by such vehicles during the license year for whichsuch fees are paid, subject to the adjustment in accordance with an audit tobe made by representatives of the Commissioner at the end of such licenseyear, the expense of such audit to be borne by the carrier being audited.Each vehicle passing into or through Virginia shall be registered andlicensed in Virginia and the annual registration fee to be paid for each suchvehicle shall not be less than $33. For the purpose of determining suchapportioned registration fees, only those motor vehicles, trailers, orsemitrailers operated both within and outside the Commonwealth shall besubject to inclusion in determining the apportionment provided for herein.
8. Thirteen dollars plus $0.80 per 100 pounds or major fraction thereof foreach motor vehicle, trailer or semitrailer kept or used for rent or for hireor operated under a lease without a chauffeur for the transportation ofpassengers. An additional fee of $5 shall be charged if the vehicle weighsmore than 4,000 pounds. This subsection does not apply to vehicles used ascommon carriers.
9. Twenty-three dollars for a taxicab or other vehicle which is kept for rentor hire operated with a chauffeur for the transportation of passengers, andwhich operates or should operate under permits issued by the Department asrequired by law. An additional fee of $5 shall be charged if the vehicleweighs more than 4,000 pounds. This subsection does not apply to vehiclesused as common carriers.
10. Eighteen dollars for a motorcycle, with or without a sidecar. To this feeshall be added a surcharge of $3 which shall be distributed as provided in §46.2-1191.
11. Twenty-three dollars for a bus used exclusively for transportation to andfrom church school, for the purpose of religious instruction, or church, forthe purpose of divine worship. If the empty weight of the vehicle exceeds4,000 pounds, the fee shall be $28.
12. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof forother passenger-carrying vehicles.
13. An additional fee of $4.25 per year shall be charged and collected at thetime of registration of each pickup or panel truck and each motor vehicleunder subdivisions 1 through 12 of this subsection. All funds collected from$4 of the $4.25 fee shall be paid into the state treasury and shall be setaside as a special fund to be used only for emergency medical servicepurposes. The moneys in the special emergency medical services fund shall bedistributed as follows:
a. Two percent shall be distributed to the State Department of Health toprovide funding to the Virginia Association of Volunteer Rescue Squads to beused solely for the purpose of conducting volunteer recruitment, retentionand training activities;
b. Thirty percent shall be distributed to the State Department of Health tosupport (i) emergency medical services training programs (excluding advancedlife support classes); (ii) advanced life support training; (iii) recruitmentand retention programs (all funds for such support shall be used to recruitand retain volunteer emergency medical services personnel only, includingpublic awareness campaigns, technical assistance programs, and similaractivities); (iv) emergency medical services system development, initiatives,and priorities based on needs identified by the State Emergency MedicalServices Advisory Board; (v) local, regional, and statewide performancecontracts for emergency medical services to meet the objectives stipulated in§ 32.1-111.3; (vi) technology and radio communication enhancements; and (vii)improved emergency preparedness and response. Any funds set aside fordistribution under this provision and remaining undistributed at the end ofany fiscal year shall revert to the Rescue Squad Assistance Fund;
c. Thirty-two percent shall be distributed to the Rescue Squad AssistanceFund;
d. Ten percent shall be available to the State Department of Health's Officeof Emergency Medical Services for use in emergency medical services; and
e. Twenty-six percent shall be returned by the Comptroller to the localitywherein such vehicle is registered, to provide funding for training ofvolunteer or salaried emergency medical service personnel of licensed,nonprofit emergency medical services agencies and for the purchase ofnecessary equipment and supplies for use in such locality for licensed,nonprofit emergency medical and rescue services.
All revenues generated by the remaining $0.25 of the $4.25 fee approved bythe 2008 Session of the General Assembly shall be deposited into the RescueSquad Assistance Fund and used only to pay for the costs associated with thecertification and recertification training of emergency medical servicespersonnel.
The Comptroller shall clearly designate on the warrant, check, or other meansof transmitting these funds that such moneys are only to be used for purposesset forth in this subdivision. Such funds shall be in addition to any localappropriations and local governing bodies shall not use these funds tosupplant local funds. Each local governing body shall report annually to theBoard of Health on the use of the funds returned to it pursuant to thissection. In any case in which the local governing body grants the funds to aregional emergency medical services council to be distributed to thelicensed, nonprofit emergency medical and rescue services, the localgoverning body shall remain responsible for the proper use of the funds. If,at the end of any fiscal year, a report on the use of the funds returned tothe locality pursuant to this section for that year has not been receivedfrom a local governing body, any funds due to that local governing body forthe next fiscal year shall be retained until such time as the report has beensubmitted to the Board.
B. All motor vehicles, trailers, and semitrailers registered as provided insubsection B of § 46.2-646 shall pay a registration fee equal to one-twelfthof all fees required by subsection A of this section or § 46.2-697 for suchmotor vehicle, trailer, or semitrailer, computed to the nearest cent,multiplied by the number of months in the registration period for such motorvehicles, trailers, and semitrailers.
C. The manufacturer's shipping weight or scale weight shall be used forcomputing all fees required by this section to be based upon the weight ofthe vehicle.
D. The applicant for registration bears the burden of proof that the vehiclefor which registration is sought is entitled by weight, design, and use to beregistered at the fee tendered by the applicant to the Commissioner or to hisauthorized agent.
(Code 1950, §§ 46-154 through 46-156, 46-158.1, 46-159, 46-163.1, 46-166.1;1950, p. 621; 1952, cc. 224, 418; 1956, cc. 132, 597, 705; 1958, c. 541, §46.1-149; 1960, c. 243; 1964, c. 218; 1972, c. 609; 1974, c. 170; 1978, c.708; 1980, c. 25; 1982, c. 671; 1983, c. 566; 1984, cc. 476, 545; 1985, c.333; 1986, Sp. Sess., c. 11; 1988, cc. 701, 704; 1989, c. 727; 1990, c. 508;1991, c. 472; 1994, c. 279; 1997, c. 283; 2002, c. 794; 2004, c. 194; 2005,c. 928; 2007, c. 896; 2008, c. 182.)
§ 46.2-694. (Contingent effective date - see Editor's note) Fees for vehiclesdesigned and used for transportation of passengers; weights used forcomputing fees; burden of proof.
A. The annual registration fees for motor vehicles, trailers, andsemitrailers designed and used for the transportation of passengers on thehighways in the Commonwealth are:
1. Twenty-three dollars for each private passenger car or motor home if thepassenger car or motor home weighs 4,000 pounds or less, provided that it isnot used for the transportation of passengers for compensation and is notkept or used for rent or for hire, or is not operated under a lease without achauffeur.
2. Twenty-eight dollars for each passenger car or motor home which weighsmore than 4,000 pounds, provided that it is not used for the transportationof passengers for compensation and is not kept or used for rent or for hire,or is not operated under a lease without a chauffeur.
3. Thirty cents per 100 pounds or major fraction thereof for a private motorvehicle other than a motorcycle with a normal seating capacity of more than10 adults including the driver if the private motor vehicle is not used forthe transportation of passengers for compensation and is not kept or used forrent or for hire or is not operated under a lease without a chauffeur. In nocase shall the fee be less than $23 if the vehicle weighs 4,000 pounds orless or $28 if the vehicle weighs more than 4,000 pounds.
4. Thirty cents per 100 pounds or major fraction thereof for a school bus. Inno case shall the fee be less than $23 if the vehicle weighs 4,000 pounds orless or $28 if the vehicle weighs more than 4,000 pounds.
5. Twenty-three dollars for each trailer or semitrailer designed for use asliving quarters for human beings.
6. Thirteen dollars plus $0.30 per 100 pounds or major fraction thereof foreach motor vehicle, trailer, or semitrailer used as a common carrier ofpassengers, operating either intrastate or interstate. Interstate commoncarriers of interstate passengers may elect to be licensed and pay the feesprescribed in subdivision 7 of this subsection on submission to theCommissioner of a declaration of operations and equipment as he mayprescribe. An additional $5 shall be charged if the motor vehicle weighs morethan 4,000 pounds.
7. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof foreach motor vehicle, trailer, or semitrailer used as a common carrier ofinterstate passengers if election is made to be licensed under thissubsection. An additional $5 shall be charged if the motor vehicle weighsmore than 4,000 pounds. In lieu of the foregoing fee of $0.70 per 100 pounds,a motor carrier of passengers, operating two or more vehicles both within andoutside the Commonwealth and registered for insurance purposes with theSurface Transportation Board of the United States Department ofTransportation, Federal Highway Administration, may apply to the Commissionerfor prorated registration. Upon the filing of such application, in such formas the Commissioner may prescribe, the Commissioner shall apportion theregistration fees provided in this subsection so that the total registrationfees to be paid for such vehicles of such carrier shall be that proportion ofthe total fees, if there were no apportionment, that the total number ofmiles traveled by such vehicles of such carrier within the Commonwealth bearsto the total number of miles traveled by such vehicles within and outside theCommonwealth. Such total mileage in each instance is the estimated totalmileage to be traveled by such vehicles during the license year for whichsuch fees are paid, subject to the adjustment in accordance with an audit tobe made by representatives of the Commissioner at the end of such licenseyear, the expense of such audit to be borne by the carrier being audited.Each vehicle passing into or through Virginia shall be registered andlicensed in Virginia and the annual registration fee to be paid for each suchvehicle shall not be less than $33. For the purpose of determining suchapportioned registration fees, only those motor vehicles, trailers, orsemitrailers operated both within and outside the Commonwealth shall besubject to inclusion in determining the apportionment provided for herein.
8. Thirteen dollars plus $0.80 per 100 pounds or major fraction thereof foreach motor vehicle, trailer or semitrailer kept or used for rent or for hireor operated under a lease without a chauffeur for the transportation ofpassengers. An additional fee of $5 shall be charged if the vehicle weighsmore than 4,000 pounds. This subsection does not apply to vehicles used ascommon carriers.
9. Twenty-three dollars for a taxicab or other vehicle which is kept for rentor hire operated with a chauffeur for the transportation of passengers, andwhich operates or should operate under permits issued by the Department asrequired by law. An additional fee of $5 shall be charged if the vehicleweighs more than 4,000 pounds. This subsection does not apply to vehiclesused as common carriers.
10. Eighteen dollars for a motorcycle, with or without a sidecar. To this feeshall be added a surcharge of $3 which shall be distributed as provided in §46.2-1191.
11. Twenty-three dollars for a bus used exclusively for transportation to andfrom church school, for the purpose of religious instruction, or church, forthe purpose of divine worship. If the empty weight of the vehicle exceeds4,000 pounds, the fee shall be $28.
12. Thirteen dollars plus $0.70 per 100 pounds or major fraction thereof forother passenger-carrying vehicles.
13. An additional fee of $4.25 per year shall be charged and collected at thetime of registration of each pickup or panel truck and each motor vehicleunder subdivisions 1 through 12 of this subsection. All funds collected from$4 of the $4.25 fee shall be paid into the state treasury and shall be setaside as a special fund to be used only for emergency medical servicepurposes. The moneys in the special emergency medical services fund shall bedistributed as follows:
a. Two percent shall be distributed to the State Department of Health toprovide funding to the Virginia Association of Volunteer Rescue Squads to beused solely for the purpose of conducting volunteer recruitment, retentionand training activities;
b. Thirty percent shall be distributed to the State Department of Health tosupport (i) emergency medical services training programs (excluding advancedlife support classes); (ii) advanced life support training; (iii) recruitmentand retention programs (all funds for such support shall be used to recruitand retain volunteer emergency medical services personnel only, includingpublic awareness campaigns, technical assistance programs, and similaractivities); (iv) emergency medical services system development, initiatives,and priorities based on needs identified by the State Emergency MedicalServices Advisory Board; (v) local, regional, and statewide performancecontracts for emergency medical services to meet the objectives stipulated in§ 32.1-111.3; (vi) technology and radio communication enhancements; and (vii)improved emergency preparedness and response. Any funds set aside fordistribution under this provision and remaining undistributed at the end ofany fiscal year shall revert to the Rescue Squad Assistance Fund;
c. Thirty-two percent shall be distributed to the Rescue Squad AssistanceFund;
d. Ten percent shall be available to the State Department of Health's Officeof Emergency Medical Services for use in emergency medical services; and
e. Twenty-six percent shall be returned by the Comptroller to the localitywherein such vehicle is registered, to provide funding for training ofvolunteer or salaried emergency medical service personnel of licensed,nonprofit emergency medical services agencies and for the purchase ofnecessary equipment and supplies for use in such locality for licensed,nonprofit emergency medical and rescue services.
All revenues generated by the remaining $0.25 of the $4.25 fee approved bythe 2008 Session of the General Assembly shall be deposited into the RescueSquad Assistance Fund and used only to pay for the costs associated with thecertification and recertification training of emergency medical servicespersonnel.
The Comptroller shall clearly designate on the warrant, check, or other meansof transmitting these funds that such moneys are only to be used for purposesset forth in this subdivision. Such funds shall be in addition to any localappropriations and local governing bodies shall not use these funds tosupplant local funds. Each local governing body shall report annually to theBoard of Health on the use of the funds returned to it pursuant to thissection. In any case in which the local governing body grants the funds to aregional emergency medical services council to be distributed to thelicensed, nonprofit emergency medical and rescue services, the localgoverning body shall remain responsible for the proper use of the funds. If,at the end of any fiscal year, a report on the use of the funds returned tothe locality pursuant to this section for that year has not been receivedfrom a local governing body, any funds due to that local governing body forthe next fiscal year shall be retained until such time as the report has beensubmitted to the Board.
B. All motor vehicles, trailers, and semitrailers registered as provided insubsection B of § 46.2-646 shall pay a registration fee equal to one-twelfthof all fees required by subsection A of this section or § 46.2-697 for suchmotor vehicle, trailer, or semitrailer, computed to the nearest cent,multiplied by the number of months in the registration period for such motorvehicles, trailers, and semitrailers.
C. The manufacturer's shipping weight or scale weight shall be used forcomputing all fees required by this section to be based upon the weight ofthe vehicle.
D. The applicant for registration bears the burden of proof that the vehiclefor which registration is sought is entitled by weight, design, and use to beregistered at the fee tendered by the applicant to the Commissioner or to hisauthorized agent.
(Code 1950, §§ 46-154 through 46-156, 46-158.1, 46-159, 46-163.1, 46-166.1;1950, p. 621; 1952, cc. 224, 418; 1956, cc. 132, 597, 705; 1958, c. 541, §46.1-149; 1960, c. 243; 1964, c. 218; 1972, c. 609; 1974, c. 170; 1978, c.708; 1980, c. 25; 1982, c. 671; 1983, c. 566; 1984, cc. 476, 545; 1985, c.333; 1986, Sp. Sess., c. 11; 1988, cc. 701, 704; 1989, c. 727; 1990, c. 508;1991, c. 472; 1994, c. 279; 1997, c. 283; 2002, c. 794; 2004, c. 194; 2005,c. 928; 2008, c. 182.)