A. The emissions inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178 shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board shall promulgate regulations establishing on-road testing and on-road clean screen program requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws and regulations, random testing of motor vehicle emissions, procedures to notify owners of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board, and standards for operating the on-road clean screen program, including provisions for the suspension or revocation of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board.
B. If an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Civil charges assessed pursuant to this section shall be waived by the Board if, within 30 calendar days of notice of the violation, the vehicle's owner provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178, (ii) qualifies for an emissions inspection waiver as provided in § 46.2-1181, or (iii) has qualified for an emissions inspection waiver as provided in § 46.2-1181 within the 12 months prior to the violation.
D. Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2.
E. If the on-road clean screen program indicates that a motor vehicle does not exceed emissions standards adopted by the Board for on-road testing pursuant to § 46.2-1179, then such testing may be considered proof of compliance for the purposes of § 46.2-1183 and may be considered to satisfy the requirements of § 46.2-1177 for a biennial inspection. The Board shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183.
1995, cc. 836, 851; 1996, cc. 35, 100; 2002, c. 710; 2012, cc. 216, 824.
Structure Code of Virginia
Chapter 10 - Motor Vehicle and Equipment Safety
§ 46.2-1001. Removal of unsafe vehicles; penalty
§ 46.2-1001.1. Special equipment required for converted electric vehicles
§ 46.2-1002. Illegal possession or sale of certain unapproved equipment
§ 46.2-1003. Illegal use of defective and unsafe equipment
§ 46.2-1004. Trademark or name and instructions required
§ 46.2-1005. Procedure for approval of equipment
§ 46.2-1005.1. Auxiliary lights on motorcycles
§ 46.2-1006. Approval of brake and head light testing methods and equipment
§ 46.2-1007. Retesting of devices and revocation of approval certificates
§ 46.2-1008. Fees for approval certificates
§ 46.2-1010. Equipment required
§ 46.2-1011. Headlights on motor vehicles
§ 46.2-1014.1. Supplemental high mount stop light
§ 46.2-1016. Lights on other vehicles; reflectors
§ 46.2-1017. Dimension or marker lights and reflectors, generally
§ 46.2-1018. Marker lights on vehicles or loads exceeding thirty-five feet
§ 46.2-1020. Other permissible lights
§ 46.2-1021. Additional lights permitted on certain commercial vehicles
§ 46.2-1021.1. Additional lights permitted on certain privately owned cars
§ 46.2-1023. Flashing red or red and white warning lights
§ 46.2-1024. Flashing or steady-burning red or red and white warning light units
§ 46.2-1025. Flashing amber, purple, or green warning lights
§ 46.2-1026. Flashing high-intensity amber warning lights
§ 46.2-1027. Warning lights on certain demonstrator vehicles
§ 46.2-1028.1. Illuminated identification systems on certain emergency vehicles
§ 46.2-1028.2. Auxiliary lights on public utility vehicles
§ 46.2-1029. Auxiliary lights on law-enforcement vehicles
§ 46.2-1029.1. Flashing of headlights on certain vehicles
§ 46.2-1029.2. Certain vehicles may be equipped with secondary warning lights
§ 46.2-1031. Requirements as to single-beam head lights
§ 46.2-1032. Requirements as to multiple-beam headlights
§ 46.2-1033. Indicator light required
§ 46.2-1034. When dimming headlights required
§ 46.2-1035. Dimming headlights on parked vehicles
§ 46.2-1036. Acetylene lights on antique motor vehicles
§ 46.2-1037. Lights on parked vehicles
§ 46.2-1038. When turn signals required; exceptions
§ 46.2-1039. Requirements of turn signals; regulations
§ 46.2-1041. Restrictions as to solid rubber tires
§ 46.2-1042. Standard for vehicle tire; sale of certain tires prohibited; penalty
§ 46.2-1044. Cleats, etc., on tires; chains; tires with studs
§ 46.2-1045. Sale of tires having cleats, etc., prohibited; studded tires excepted
§ 46.2-1046. Traction engines and tractors
§ 46.2-1047. Muffler cutout, etc., illegal
§ 46.2-1048. Pollution control systems or devices
§ 46.2-1049. Exhaust system in good working order
§ 46.2-1050. Mufflers on motorcycles
§ 46.2-1051. Local ordinances; vehicle exhaust
§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties
§ 46.2-1053. Equipping certain motor vehicles with sun-shading or tinting films or applications
§ 46.2-1054. Suspension of objects or alteration of vehicle so as to obstruct driver's view
§ 46.2-1055. Windshield wipers
§ 46.2-1055.1. Windshield defroster or defogger
§ 46.2-1056. When safety glass required
§ 46.2-1058. Replacement of glass in vehicle
§ 46.2-1060. Illegal sirens, whistles, etc.; unlawful use of warning devices; exceptions
§ 46.2-1061. Sirens or exhaust whistles on emergency vehicles
§ 46.2-1062. Approval of warning devices
§ 46.2-1063. Alteration of suspension system; bumper height limits; raising body above frame rail
§ 46.2-1064. Modification of front-end suspension by use of lift blocks
§ 46.2-1067. Within what distances brakes should stop vehicle
§ 46.2-1068. Emergency or parking brakes
§ 46.2-1069. Brakes on motorcycles
§ 46.2-1070. Brakes on trailers
§ 46.2-1071. Requirements for parking
§ 46.2-1073. Engine or serial number illegible, removed, or obliterated
§ 46.2-1075. Possession of vehicles with serial numbers removed or altered
§ 46.2-1075.1. Tampering with gross vehicle weight ratings; penalty
§ 46.2-1076. Lettering on certain vehicles
§ 46.2-1077.01. Display of certain visual material in motor vehicles prohibited; penalty
§ 46.2-1077.1. Mobile infrared transmitters; demerit points not to be awarded
§ 46.2-1079. Radar detectors; demerit points not to be awarded
§ 46.2-1080. Speedometer in good working order
§ 46.2-1081. Slow-moving vehicle emblems
§ 46.2-1083. Rear fenders, flaps, or guards required for certain motor vehicles
§ 46.2-1084. Vehicle to have securely affixed seat for driver; location of such seat
§ 46.2-1086. Devices for emission of smoke screens, gas projectors or flame throwers; prohibited
§ 46.2-1087. Forfeiture of vehicles equipped with smoke projectors, etc.
§ 46.2-1088. Air conditioning units
§ 46.2-1088.2. Warning devices required on certain vehicles
§ 46.2-1088.4. Devices used to supply nitrous oxide to the engines of motor vehicles
§ 46.2-1088.5. Reflectors or reflectorized material required on rear end of certain trailers
§ 46.2-1088.6. Motor vehicle recording devices
§ 46.2-1089. Paint and lettering on school bus
§ 46.2-1089.1. Signs and markings on school buses using alternative fuels
§ 46.2-1090. Warning devices on school buses; other buses; use thereof; penalties
§ 46.2-1090.1. Warning lights on school buses
§ 46.2-1091. Safety belts to be worn by certain bus drivers
§ 46.2-1093. Requirements for safety lap belts, shoulder harnesses and combinations thereof
§ 46.2-1096. Exceptions for certain children
§ 46.2-1097. Child restraint devices; special fund created
§ 46.2-1098. Penalties; violations not negligence per se
§ 46.2-1099. Further exemptions
§ 46.2-1100. Use of standard seat belts permitted for certain children
§ 46.2-1101. Limitations applicable throughout Commonwealth; alteration by local authorities
§ 46.2-1103. Greater size, weight, and load limits permitted by interstate commerce regulations
§ 46.2-1104. Reduction of limits by Commissioner of Highways and local authorities; penalties
§ 46.2-1105. Width of vehicles generally; exceptions
§ 46.2-1108. Bus widths to comply with federal law
§ 46.2-1109. Widths of commercial vehicles
§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty
§ 46.2-1111. Extension of loads beyond line of fender or body
§ 46.2-1113. Length exceptions for certain passenger buses and motor homes
§ 46.2-1114. Length of watercraft transporters; operation on certain highways
§ 46.2-1114.1. Length of automobile transporters; operation on certain highways
§ 46.2-1115. Lengths of manufactured homes or house trailers
§ 46.2-1116. Vehicles having more than one trailer, etc., attached thereto; exceptions
§ 46.2-1117.1. Commercial delivery of towaway trailers
§ 46.2-1119. Tow dolly and converter gear
§ 46.2-1120. Extension of loads beyond front of vehicles
§ 46.2-1121. (Effective until July 1, 2023) Flag or light at end of load
§ 46.2-1121. (Effective July 1, 2023) Flag or light at end of load
§ 46.2-1123. Weight of vehicles and loads
§ 46.2-1124. Maximum single axle weight, generally; maximum weight per inch of tire width
§ 46.2-1125. Maximum tandem axle weight, generally
§ 46.2-1126. Maximum gross weight, generally
§ 46.2-1127. Weight limits for vehicles using interstate highways
§ 46.2-1127.1. Weight limit exception for certain emergency vehicles using the interstate highways
§ 46.2-1128. Extensions of weight limits; fees
§ 46.2-1131. Penalty for violation of weight limits
§ 46.2-1132. Service of process in weight violation cases
§ 46.2-1133. Special processing provisions for overweight violations
§ 46.2-1134. Special overweight seizure provisions; penalty
§ 46.2-1136. Procedures for issuing and serving process in overweight vehicle cases
§ 46.2-1138.1. City ordinances fixing weight limits on certain roads
§ 46.2-1138.2. Town ordinances concerning weight limits on certain roads
§ 46.2-1139. Permits for excessive size and weight generally; penalty
§ 46.2-1139.1. Delegation of permitting authority
§ 46.2-1140. Authority to use certain streets and highways in cities and towns
§ 46.2-1140.1. Annual overweight permits; fees
§ 46.2-1141. Overweight permits for containerized freight and fluid milk
§ 46.2-1142. Overweight permits for concrete haulers
§ 46.2-1143.1. Overweight permits for haulers of excavated material
§ 46.2-1144. Overweight permits for solid waste haulers
§ 46.2-1144.1. Overweight permits for tank wagons
§ 46.2-1144.2. Overweight permits for haulers of farm animal feed
§ 46.2-1145. Overweight permits for certain trucks operated by Arlington County
§ 46.2-1146. Excess height and length permits for haulers of certain imported goods
§ 46.2-1147. Permits for excessive size and weight for articulated buses
§ 46.2-1148. Overweight permit for hauling Virginia-grown farm produce
§ 46.2-1148.1. Overweight permit for hauling forest products
§ 46.2-1149.1. Excess tandem axle weight permits for cotton module haulers
§ 46.2-1149.2. Permit authorizing transportation of tree-length logs
§ 46.2-1149.3. Payment of fees into special fund
§ 46.2-1149.4. Overweight permits for specialized mobile equipment
§ 46.2-1149.6. Permits for truck cranes
§ 46.2-1149.7. Specialized construction equipment; permits; engineering analysis; costs
§ 46.2-1149.8. Excess width permits for vehicles transporting watercraft
§ 46.2-1150. Towing certain unlicensed or uninspected vehicles
§ 46.2-1151. Weight limit exception as to vehicles designed for towing disabled vehicles
§ 46.2-1151.1. Weight limit exception for covered heavy duty tow and recovery vehicles
§ 46.2-1152. Certain tow trucks need not be weighed
§ 46.2-1153. Permissible lengths of combination vehicles being towed in emergencies
§ 46.2-1154. Length of vehicles; exceptions in case of breakdown
§ 46.2-1155. Fastening load of logs, barrels, etc.
§ 46.2-1157. Inspection of motor vehicles required
§ 46.2-1158. Frequency of inspection; scope of inspection
§ 46.2-1158.01. Exceptions to motor vehicle inspection requirement
§ 46.2-1158.02. Penalty for failure to have motor vehicle inspection
§ 46.2-1159. Logtrailers defined; exempt from inspection under certain conditions
§ 46.2-1160. Towed vehicle defined; exempt from inspection requirement
§ 46.2-1161.1. Inspections of trailers and semitrailers equipped with heating or cooking appliances
§ 46.2-1162. Inspection of certain trailers
§ 46.2-1165. Regulations for inspection of vehicles; posting
§ 46.2-1166. Minimum standards required for inspection stations; appointments
§ 46.2-1167. Charges for inspection and reinspection; exemption
§ 46.2-1168. Additional registration fee
§ 46.2-1169. Inspection defined; making of repairs or adjustments
§ 46.2-1170. Advertising, etc., of official inspection station when not authorized
§ 46.2-1171. Penalties for violation of article
§ 46.2-1172. Unauthorized taking, possession, or use of inspection stickers, etc.; penalty
§ 46.2-1173. Imitation or counterfeit inspection stickers
§ 46.2-1175.1. Inspection of certain refuse collection and highway maintenance vehicles
§ 46.2-1177. Emissions inspection program
§ 46.2-1177.1. Inspection program coordinator; agreement for services
§ 46.2-1178. Administration and scope of emissions inspection program
§ 46.2-1179. Board to adopt emissions standards
§ 46.2-1179.1. Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty
§ 46.2-1180. Board to adopt regulations; exemption of certain motor vehicles
§ 46.2-1181. Emissions inspection; cost of repairs; waivers
§ 46.2-1182. Emissions inspection fees; exemption
§ 46.2-1182.1. Additional registration fee; exemption
§ 46.2-1182.2. Vehicle Emissions Inspection Program Fund established; use of moneys
§ 46.2-1183. Emissions inspection required prior to registration of certain vehicles; records
§ 46.2-1184. Fleet emissions inspection stations
§ 46.2-1186. False certificate
§ 46.2-1187.2. Compelling compliance with regulations and order of Board; penalty
§ 46.2-1187.3. Vehicles used for investigations
§ 46.2-1188. Motorcycle rider safety training courses
§ 46.2-1189. Authority of the Department of Motor Vehicles
§ 46.2-1190. Regional motorcycle rider safety training centers; requirements
§ 46.2-1190.1. Curricula requirements
§ 46.2-1190.2. Facilities and equipment; requirements and approval
§ 46.2-1190.3. Instructor qualifications
§ 46.2-1190.4. Administrative and reporting requirements
§ 46.2-1190.5. Penalties and remedies for violations of article
§ 46.2-1190.6. Other grounds for denying, suspending, or revoking licenses
§ 46.2-1190.7. Civil penalties
§ 46.2-1191. Motorcycle Rider Safety Training Program Fund
§ 46.2-1192. Issuance and renewal of licenses by Department; payments to regional training centers