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46.2-416 - Notice of suspension or revocation of license.

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§ 46.2-416. Notice of suspension or revocation of license.A. Whenever it is provided in this title that a driver's license may or shallbe suspended or revoked either by the Commissioner or by a court, notice ofthe suspension or revocation or any certified copy of the decision or orderof the Commissioner may be sent by the Department by certified mail to thedriver at the most recent address of the driver on file at the Department. Ifthe driver has previously been notified by mail or in person of thesuspension or revocation or of an impending suspension for failure to payfines and costs pursuant to § 46.2-395, whether notice is given by the courtor law-enforcement officials as provided by law, and the Department has beennotified by the court that notice was so given and the fines and costs werenot paid within 15 days, no notice of suspension shall be sent by theDepartment to the driver. If the certificate of the Commissioner or someonedesignated by him for that purpose shows that the notice or copy has been sosent or provided, it shall be deemed prima facie evidence that the notice orcopy has been sent and delivered or otherwise provided to the driver for allpurposes involving the application of the provisions of this title. In thediscretion of the Commissioner, service may be made as provided in §8.01-296, which service on the driver shall be made by delivery in writing tothe driver in person in accordance with subdivision 1 of § 8.01-296 by asheriff or deputy sheriff in the county or city in which the address islocated, who shall, as directed by the Commissioner, take possession of anysuspended or revoked license, registration card, or set of license plates ordecals and return them to the office of the Commissioner. No such serviceshall be made if, prior to service, the driver has complied with therequirement which caused the issuance of the decision or order. In any suchcase, return shall be made to the Commissioner.B. In lieu of making a direct payment to sheriffs as a fee for delivery ofthe Department's processes, the Commissioner shall effect a transfer offunds, on a monthly basis, to the Compensation Board to be used to provideadditional support to sheriffs' departments. The amount of funds sotransferred shall be as provided in the general appropriation act.C. The Department may contract with the United States Postal Service or anauthorized agent to use the National Change of Address System for the purposeof obtaining current address information for a person whose name appears incustomer records maintained by the Department. If the Department receivesinformation from the National Change of Address System indicating that aperson whose name appears in a Department record has submitted a permanentchange of address to the Postal Service, the Department may then update itsrecords with the mailing address obtained from the National Change of AddressSystem.(1968, c. 144, § 46.1-441.2; 1980, c. 704; 1981, c. 619; 1984, c. 780; 1985,c. 231; 1989, cc. 439, 727; 1993, c. 24; 1994, c. 345; 1996, cc. 943, 994;2001, c. 414; 2010, cc. 25, 55.)
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  • § 46.2-416. Notice of suspension or revocation of license.

    A. Whenever it is provided in this title that a driver's license may or shallbe suspended or revoked either by the Commissioner or by a court, notice ofthe suspension or revocation or any certified copy of the decision or orderof the Commissioner may be sent by the Department by certified mail to thedriver at the most recent address of the driver on file at the Department. Ifthe driver has previously been notified by mail or in person of thesuspension or revocation or of an impending suspension for failure to payfines and costs pursuant to § 46.2-395, whether notice is given by the courtor law-enforcement officials as provided by law, and the Department has beennotified by the court that notice was so given and the fines and costs werenot paid within 15 days, no notice of suspension shall be sent by theDepartment to the driver. If the certificate of the Commissioner or someonedesignated by him for that purpose shows that the notice or copy has been sosent or provided, it shall be deemed prima facie evidence that the notice orcopy has been sent and delivered or otherwise provided to the driver for allpurposes involving the application of the provisions of this title. In thediscretion of the Commissioner, service may be made as provided in §8.01-296, which service on the driver shall be made by delivery in writing tothe driver in person in accordance with subdivision 1 of § 8.01-296 by asheriff or deputy sheriff in the county or city in which the address islocated, who shall, as directed by the Commissioner, take possession of anysuspended or revoked license, registration card, or set of license plates ordecals and return them to the office of the Commissioner. No such serviceshall be made if, prior to service, the driver has complied with therequirement which caused the issuance of the decision or order. In any suchcase, return shall be made to the Commissioner.

    B. In lieu of making a direct payment to sheriffs as a fee for delivery ofthe Department's processes, the Commissioner shall effect a transfer offunds, on a monthly basis, to the Compensation Board to be used to provideadditional support to sheriffs' departments. The amount of funds sotransferred shall be as provided in the general appropriation act.

    C. The Department may contract with the United States Postal Service or anauthorized agent to use the National Change of Address System for the purposeof obtaining current address information for a person whose name appears incustomer records maintained by the Department. If the Department receivesinformation from the National Change of Address System indicating that aperson whose name appears in a Department record has submitted a permanentchange of address to the Postal Service, the Department may then update itsrecords with the mailing address obtained from the National Change of AddressSystem.

    (1968, c. 144, § 46.1-441.2; 1980, c. 704; 1981, c. 619; 1984, c. 780; 1985,c. 231; 1989, cc. 439, 727; 1993, c. 24; 1994, c. 345; 1996, cc. 943, 994;2001, c. 414; 2010, cc. 25, 55.)

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