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HB 2465 awaits Approval from Governor!


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Many of you wished to have a copy of the full version of the new statute as passed by the House and Senate. I have copied it below for your convenience. While it is difficult to see the difference in print, changes to the statute are in bold.(Editor's Note; Any errors to this text was caused by Wayne Burgess(me) not Tom Cox)

Thanks to all of you for your efforts in support of the hobby, which have yielded not a perfect Bill, but one that is vastly better than what we started with.

Tom Cox

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER

An Act to amend and reenact § 46.2-730 of the Code of Virginia, relating to license plates for antique vehicles.

[H 2465]

Approved

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-730 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-730. License plates for antique motor vehicles and antique trailers; fee.

A. On receipt of an application and <span style="font-weight: bold">evidence that the applicant owns or has regular use of another passenger car or motorcycle</span> , the Commissioner shall issue appropriately designed license plates to owners of antique motor vehicles and antique trailers. These license plates shall be valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and license plates of any of these vehicles shall be a one-time fee of $50.

B. On receipt of an application and <span style="font-weight: bold">evidence that the applicant owns or has regular use of another passenger car or motorcycle</span> , the Commissioner may authorize for use on antique motor vehicles and antique trailers Virginia license plates manufactured prior to 1976 and designed for use without decals, if such license plates are embossed with or are of the same year of issue as the model year of the antique motor vehicle or antique trailer on which they are to be displayed. Original metal year tabs issued in place of license plates for years 1943 and 1952 and used with license plates issued in 1942 and 1951, respectively, also may be authorized by the Commissioner for use on antique motor vehicles and antique trailers that are of the same model year as the year the metal tab was originally issued. These license plates and metal tabs shall remain valid so long as title to the vehicle is vested in the applicant. The fee for the registration card and permission to use the license plates and metal tabs on any of these vehicles shall be <span style="font-weight: bold">a one-time fee of $50. If more than one request is made for use, as provided in this section, of license plates having the same number, the Department shall accept only the first such application.</span>

C. Notwithstanding the provisions of §§ 46.2-711 and 46.2-715, antique motor vehicles may display single license plates if the original manufacturer's design of the antique motor vehicles allows for the use of only single license plates or if the license plate was originally issued in one of the following years and is displayed in accordance with the provisions of subsection B of this section: 1906, 1907, 1908, 1909, 1945, or 1946.

D. Antique motor vehicles and antique trailers registered with license plates issued <span style="font-weight: bold">or authorized for use </span> under this section shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used:

1. For participation in club activities, exhibits, tours, parades, ans similar events.

2. On the highways of the Commonwealth for the purpose of testing their operation <span style="font-weight: bold">or selling the vehicle or trailer</span> , obtaining repairs or maintenance, transportation to and from events as described in subdivision 1 of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner. and

3. <span style="font-weight: bold">To carry or transport (i) passengers in the antique motor vehicles, (ii) personal effects in the antique motor vehicles and antique trailers, or (iii) other antique motor vehicles being transported for show purposes.</span>

E. <span style="font-weight: bold"> Owners of motor vehicles and trailers applying for registration pursuant to subsections A, B and C shall submit to the Department, in the manner prescribed by the Department, notarized certifications that such vehicles or trailers (i) meet the safety equipment requirements for the model year in which they were manufactured and (ii) are capable of being safely operated on the highways of the Commonwealth.</span>

F. <span style="font-weight: bold">Antique</span> motor vehicles and antique trailers displaying license plates issued <span style="font-weight: bold">or authorized for </span> use pursuant to subsections B and C of this section may be used for general transportation purposes if the following conditions are met:

1. The physical condition of the vehicle's license plate or plates has been inspected and approved by the Department;

2. The license plate or plates are registered to the specific vehicle by the Department;

3. The owner of the vehicle periodically registers the vehicle with the Department and pays a registration fee for the vehicle equal to that which would be charged to obtain regular state license plates for that vehicle;

4. The vehicle passes a periodic safety inspection as provided in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title;

5. The vehicle displays current decals attached to the license plate, issued by the Department, indicating the valid registration period for the vehicle; and

6. When applicable, the vehicle meets the requirement of Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of this title.

If more than one request is made for use, as provided in this subsection, of license plates having the same number, the Department shall accept only the first such application. Only vehicles titled to the person seeking to use license plates as provided in this subsection shall be eligible to use license plates as provided in this subsection.

F. G. Nothing in this section shall be construed as prohibiting the use of an antique motor vehicle to tow a trailer or semitrailer.

H. <span style="font-weight: bold">Any owner of an antique motor vehicle or antique trailer registered with license plates pursuant to this section who is convicted of a violation of this section shall be guilty of a Class 4 misdemeanor</span> . Upon receiving a record of conviction of a violation of this secti <span style="font-weight: bold">Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcycle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (i) evidence of owning or having regular use of another passenger car or motorcycle as required under subsections A and B, and (ii) the certification required pursuant to subsection E.</span> on, the Department shall revoke and not reinstate the owner?s privilege to register the vehicle operated in violation of this section with license plates issued or authorized for use pursuant to this section for a period of five years from the date of conviction.

I.<span style="font-weight: bold"> Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcy <span style="font-weight: bold">Except for the one-time $50 registration fee prescribed in subsections A and B, the provisions of this section shall apply to all owners of vehicles and trailers registered with license plates issued under this section prior to July 1, 2007. Such owners shall, based on a schedule and a manner prescribed by the Department, (i) provide evidence that they own or have regular use of another passenger car or motorcycle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (i) evidence of owning or having regular use of another passenger car or motorcycle as required under subsections A and B, and (ii) the certification required pursuant to subsection E.</span> cle, as required under subsections A and B, and (ii) comply with the certification provisions of subsection E. The Department shall cancel the registrations of vehicles owned by persons that, prior to January 1, 2008, do not provide the Department (i) evidence of owning or having regular use of another passenger car or motorcycle as required under subsections A and B, and (ii) the certification required pursuant to subsection E.</span>

Posted by Wayne Burgess

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Agreed, much better than it could have been.

The <span style="font-style: italic">Register & Bee</span> has been full of pro-Marshall letters to editor this past weekend, so apparently someone's taking the threat of a challenge to his House seat seriously. I'll bide my time before speaking out on this one, but anyone in the 14th Virginia House District should seriously consider voting for Mr. Marshall's challenger.

I realise the AACA cannot officially "endorse" any candidate, but my time and money will go toward whoever challenges him. And if it's who I think it will be, he's an old car guy who, although a young Democrat, tends to vote very cautiously on fiscal matters as a member of Danville City Council. He was one of three who voted against trolling financial incentives to get a Target store here. Highest unemployment rate in the state, with nearly 60% increase in utilities cost in 2 years, and they want to give Target $8 million in incentives "to create [another batch of minimum wage] jobs". Paugh. Just goes to prove some people have no problem spending someone else's money with the promise of little return.

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I just looked at the General Assembly website and read the full bill as passed, and I don't like it. There is a provision that allows "any law enforcement officer shall take possession of the license plates, registration card and decals of any vehicle registered under this section when he observes any defect in such vehicle as set forth in 46.2-1000" (as follows)

<span style="font-weight: bold">§ 46.2-1000. Department to suspend registration of vehicles lacking certain equipment; officer to take possession of registration card, license plates and decals when observing defect in motor vehicle; when to be returned.

The Department shall suspend the registration of any motor vehicle, trailer, or semitrailer which the Department or the Department of State Police determines is not equipped with proper (i) brakes, (ii) lights, (iii) horn or warning device, (iv) turn signals, (v) safety glass when required by law, (vi) mirror, (vii) muffler, (viii) windshield wiper, (ix) steering gear adequate to ensure the safe movement of the vehicle as required by this title or when such vehicle is equipped with a smoke screen device or cutout or when such motor vehicle, trailer, or semitrailer is otherwise unsafe to be operated.

Any law-enforcement officer shall, when he observes any defect in a motor vehicle as described above, take possession of the registration card, license plates, and decals of any such vehicle and retain the same in his possession for a period of fifteen days unless the owner of the vehicle corrects the defects or obtains a new safety inspection sticker from an authorized safety inspection station. When the defect or defects are corrected as indicated above the registration card, license plates, and decals shall be returned to the owner.

(Code 1950, § 46-56; 1958, c. 541, § 46.1-58; 1960, c. 119; 1964, c. 414; 1972, c. 609; 1989, c. 727.) </span>

What this tells me is that some a-hole cop who odds are couldn't perform the state safety inspection if he had to, can seize my plates for a burned out lamp. What about pre-1965 cars which were not required by federal law to have outside mirrors or seatbelts? There are still too many unanswered questions in this misguided legislation.

I also viewed the financial impact statement for this bill, and as I figured, revenue had a lot to do with it. The revenue projection for this bill is roughly $750,000 the first year it's in effect, up to almost $1 million by 2012.

I've decided that no matter who runs against Marshall this election, that person will have my time, my money and my vote. Cruise night season is coming up too. I'll make sure the true car people know who did this to them.

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Glad I live in NC instead of VA. That might be about the stupidest statute that I have read in a while... and I am a Law Enforcement Officer.....so I read a lot of statutes.

If your Governor has not yet signed the bill, email him with your concerns about enforcement. Sounds like a VETO might be in order.

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Glenn, as always your support of the hobby is greatly appreciated by all of us. I do however wish to clarify one point. You referenced opposition to 46.2-1000 of the VA state code and its presence within HB2465. That code section is merely cross referenced in HB2465. 46.2-1000 has been on the books for a while and was not enacted by the passage of HB2465. Therefore some of the suggestions that we ask the governor to veto HB2465 are mute, and would have no affect on the code section 46.2-1000 which some find objectionable. It already exists and applies to ALL of your vehicles and mine under a general code section regulating the use of motor vehicles.

I would dare say that almost if not all states have a similar law which prohibits the operation of any unsafe vehicle on the state highways. To date I am unaware of any flagrant enforcement abuse of this code section, which is not to say it has not or could not happen. If that happens we can all work to change that code section...but on a different day <img src="http://forums.aaca.org/images/graemlins/grin.gif" alt="" /> Again, thanks for your vigilance.

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Yes Tom.. knew 46.2-1000 existed, but don't think it had been specifically tied to the antique plate statutes before.

My concern is that law enforcement or cash strapped local governments will use it as a way to bother the antique car people. Since Mr. Marshall is from Danville, I expect the city PD and Commissioner of Revenue offices had a hand in crafting his bill since antique plates are, to be kind, misused here.

What sticks in my craw is that if DMV had properly policed issuance of antique plates, all of this could have been avoided. Mr. Marshall's lack of response to several e-mails from a constituent also bothers me, but it's what I expected.

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  • 5 weeks later...

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">if it's who I think it will be, he's an old car guy who, although a young Democrat, tends to vote very cautiously on fiscal matters as a member of Danville City Council. He was one of three who voted against trolling financial incentives to get a Target store here.</div></div>

It's now official. Mr. Adam Tomer is running for the 14th House District seat, and if the reaction at two recent cruise nights in Danville and Lynchburg is any indicator, Mr. Marshall will have his work cut out to retain his House seat.

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