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A BILL to amend and reenact §§
46.2-203.1
,
46.2-324
, and
46.2-606
of the Code of Virginia, relating to Department of Motor Vehicles; addresses.
Be it enacted by the General Assembly of Virginia:
1. That §§
46.2-203.1
,
46.2-324
, and
46.2-606
of the Code of Virginia are amended and reenacted as follows:
§
46.2-203.1
. Provision of updated addresses by persons completing forms; acknowledgment of future receipt of official notices.
Whenever any person completes a form for an application, certificate of title, registration card, license plate, driver's license, and any other form requisite for the purpose of this title, or whenever any person is issued a summons for a violation of the motor vehicle laws of the Commonwealth, he shall provide his current address on the form or summons. By signing the form or summons, the person acknowledges that (i) the address is correct; (ii) any official notice, including an order of suspension, will be sent by (a) prepaid first class mail to the address on the signed form with the most current date or (b) by other means of communication, including email or other electronic address, if such electronic address is provided to the Department on the signed form; and (iii) the notice shall be deemed to have been accepted by the person if sent to any such address.
The Department may, at the time of
submission of any such form, require such person to present proof of residence at such current address.
§
46.2-324
. Applicants and license holders to notify Department of change of address; fee.
A. Whenever any person, after applying for or obtaining a driver's license or special identification card shall move from the address shown in the application or on the license or special identification card, he shall, within 30 days, notify the Department of his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person's residential address has changed to a non-Virginia address, unless the person (i) is on active duty with the armed forces of the United States, (ii) provides proof that he is a U.S. citizen and resides outside the United States because of his employment or the employment of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner that he is a bona fide resident of Virginia, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his license and/or special identification card will be cancelled by the Department and (ii) cancel the driver's license and/or special identification card 30 days after notice of cancellation has been mailed.
B. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
C. There may be imposed upon anyone failing to notify the Department of his change of address as required by this section a fee of $5, which fee shall be used to defray the expenses incurred by the Department. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.
D. The Department shall electronically transmit change of address information to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry Files, at the time of the change of address. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§
9.1-900
et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1
in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for change of address.
E. 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.
F. The owner or lessee of any real property in the Commonwealth may notify the Department if the address of such real property is used for the
issuance of a driver's license or special identification card
that does not belong to any owner, lessee, or resident of such real property. The Department shall (i) attempt to notify the
person to whom such driver's license or special identification card has been issued
of such report of an incorrect address
for such
driver's license or special identification card
and (ii) conduct a search as authorized pursuant to subsection
B
for an updated mailing address. If the Department is unable to identify the correct address for the
person to whom driver's license or special identification card was issued
, the Department may revoke the
driver's license or special identification card
issued
to such person
and disassociate the address from
any ac
count
such person holds with the Department
.
§
46.2-606
. Notice of change of address or incorrect address.
A. Whenever any person who has applied for or obtained the registration or title to a vehicle moves from the address shown in his application, registration card or certificate of title, he shall notify the Department of his change of address within 30 days.
B. The owner or lessee of any real property in the Commonwealth may notify the Department if the address of such real property is used for the titling or registration of a vehicle that does not belong to any owner, lessee, or resident of such real property. The Department shall (i) attempt to notify the vehicle owner of such report of an incorrect address on the vehicle registration or certificate of title and (ii) conduct a search as authorized pursuant to subsection C for an updated mailing address. If the Department is unable to identify the correct address for the owner of such vehicle, the Department may revoke the registration, registration card, license plates, and decals issued for such vehicle
, and disassociate the address from
any account
the vehicle owner
holds with the Department
.
C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
D. Anyone failing to comply with the provisions of subsection A may be charged a fee of $5, to be used to cover the Department's expenses. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.