§ 46.2-1206. Surrender of certificate of title, etc., where motor vehicleacquired for demolition; records to be kept by demolisher or scrap metalprocessor.
No demolisher or scrap metal processor who purchases or otherwise acquires amotor vehicle for wrecking, dismantling, or demolition shall be required toobtain a certificate of title for the motor vehicle in his own name. Afterthe motor vehicle has been demolished, processed, or changed so that itphysically is no longer a motor vehicle, the demolisher or scrap metalprocessor shall surrender to the Department for cancellation the certificateof title, Vehicle Removal Certificate, properly executed vehicle dispositionhistory, or sales receipt from a foreign jurisdiction for the vehicle. TheDepartment shall issue the appropriate forms for the surrender of salesreceipts, certificates of title, vehicle disposition histories, and vehicleremoval certificates.
Demolishers and scrap metal processors shall keep accurate and completerecords, in accordance with § 46.2-1608, of all motor vehicles purchased orreceived by them in the course of their business. Demolishers and scrap metalprocessors shall also collect and verify:
1. The towing company's name and, if applicable, the license number issued tothe towing company by the Virginia Board for Towing and Recovery Operators,
2. One of the ownership or possession documents set out in this sectionfollowing verification of its accuracy, and
3. The driver's license of the person delivering the motor vehicle.
If the delivering vehicle does not possess a license number issued by theVirginia Board for Towing and Recovery Operators, the license plate number ofthe vehicle that delivered the motor vehicle or scrap shall also be collectedand maintained.
In addition, a photocopy or electronic copy of the appropriate ownershipdocument or a Vehicle Removal Certificate presented by the customer shall bemaintained. Ownership documents shall consist of either a motor vehicle titleor a sales receipt from a foreign jurisdiction or a vehicle dispositionhistory. These records shall be maintained in a permanent ledger in a manneracceptable to the Department at the place of business or at another readilyaccessible and secure location within the Commonwealth for at least fiveyears. The personal identifying information contained within these recordsshall be protected from unauthorized disclosure through the ultimatedestruction of the information. Disclosure of personal identifyinginformation by anyone other than the Department is subject to the Driver'sPrivacy Protection Act (18 U.S.C. § 2721 et seq.).
If requested by a law-enforcement officer, a licensee shall make available,during regular business hours, a report of all the purchases of motorvehicles. Each report shall include the information set out in this chapterand be available electronically or in an agreed-upon format. Any person whoviolates any provision of this chapter or who falsifies any of theinformation required to be maintained by this article shall be guilty of aClass 3 misdemeanor for the first offense. Any licensee or scrap metalprocessor who is found guilty of second or subsequent violations shall beguilty of a Class 1 misdemeanor. The Department shall also assess a civilpenalty not to exceed $500 for the first offense and $1,000 for the secondand subsequent offenses. Those penalties shall be paid into the statetreasury and set aside as a special fund to be used to meet the expenses ofthe Department.
If the vehicle identification number has been altered, is missing, or appearsto have been otherwise tampered with, the demolisher or scrap metal processorshall take no further action with regard to the vehicle except to safeguardit in its then-existing condition and shall promptly notify the Department.The Department shall, after an investigation has been made, notify thedemolisher or scrap metal processor whether the motor vehicle can be freedfrom this limitation. In no event shall the motor vehicle be disassembled,demolished, processed, or otherwise modified or removed prior toauthorization by the Department. If the vehicle is a motorcycle, thedemolisher or scrap metal processor shall cause to be noted on the title orsalvage certificate, certifying on the face of the document, in addition tothe above requirements, the frame number of the motorcycle and motor number,if available.
(1968, c. 421, § 46.1-555.8; 1989, c. 727; 2009, c. 664.)
§ 46.2-1206. Surrender of certificate of title, etc., where motor vehicleacquired for demolition; records to be kept by demolisher or scrap metalprocessor.
No demolisher or scrap metal processor who purchases or otherwise acquires amotor vehicle for wrecking, dismantling, or demolition shall be required toobtain a certificate of title for the motor vehicle in his own name. Afterthe motor vehicle has been demolished, processed, or changed so that itphysically is no longer a motor vehicle, the demolisher or scrap metalprocessor shall surrender to the Department for cancellation the certificateof title, Vehicle Removal Certificate, properly executed vehicle dispositionhistory, or sales receipt from a foreign jurisdiction for the vehicle. TheDepartment shall issue the appropriate forms for the surrender of salesreceipts, certificates of title, vehicle disposition histories, and vehicleremoval certificates.
Demolishers and scrap metal processors shall keep accurate and completerecords, in accordance with § 46.2-1608, of all motor vehicles purchased orreceived by them in the course of their business. Demolishers and scrap metalprocessors shall also collect and verify:
1. The towing company's name and, if applicable, the license number issued tothe towing company by the Virginia Board for Towing and Recovery Operators,
2. One of the ownership or possession documents set out in this sectionfollowing verification of its accuracy, and
3. The driver's license of the person delivering the motor vehicle.
If the delivering vehicle does not possess a license number issued by theVirginia Board for Towing and Recovery Operators, the license plate number ofthe vehicle that delivered the motor vehicle or scrap shall also be collectedand maintained.
In addition, a photocopy or electronic copy of the appropriate ownershipdocument or a Vehicle Removal Certificate presented by the customer shall bemaintained. Ownership documents shall consist of either a motor vehicle titleor a sales receipt from a foreign jurisdiction or a vehicle dispositionhistory. These records shall be maintained in a permanent ledger in a manneracceptable to the Department at the place of business or at another readilyaccessible and secure location within the Commonwealth for at least fiveyears. The personal identifying information contained within these recordsshall be protected from unauthorized disclosure through the ultimatedestruction of the information. Disclosure of personal identifyinginformation by anyone other than the Department is subject to the Driver'sPrivacy Protection Act (18 U.S.C. § 2721 et seq.).
If requested by a law-enforcement officer, a licensee shall make available,during regular business hours, a report of all the purchases of motorvehicles. Each report shall include the information set out in this chapterand be available electronically or in an agreed-upon format. Any person whoviolates any provision of this chapter or who falsifies any of theinformation required to be maintained by this article shall be guilty of aClass 3 misdemeanor for the first offense. Any licensee or scrap metalprocessor who is found guilty of second or subsequent violations shall beguilty of a Class 1 misdemeanor. The Department shall also assess a civilpenalty not to exceed $500 for the first offense and $1,000 for the secondand subsequent offenses. Those penalties shall be paid into the statetreasury and set aside as a special fund to be used to meet the expenses ofthe Department.
If the vehicle identification number has been altered, is missing, or appearsto have been otherwise tampered with, the demolisher or scrap metal processorshall take no further action with regard to the vehicle except to safeguardit in its then-existing condition and shall promptly notify the Department.The Department shall, after an investigation has been made, notify thedemolisher or scrap metal processor whether the motor vehicle can be freedfrom this limitation. In no event shall the motor vehicle be disassembled,demolished, processed, or otherwise modified or removed prior toauthorization by the Department. If the vehicle is a motorcycle, thedemolisher or scrap metal processor shall cause to be noted on the title orsalvage certificate, certifying on the face of the document, in addition tothe above requirements, the frame number of the motorcycle and motor number,if available.
(1968, c. 421, § 46.1-555.8; 1989, c. 727; 2009, c. 664.)
§ 46.2-1206. Surrender of certificate of title, etc., where motor vehicleacquired for demolition; records to be kept by demolisher or scrap metalprocessor.
No demolisher or scrap metal processor who purchases or otherwise acquires amotor vehicle for wrecking, dismantling, or demolition shall be required toobtain a certificate of title for the motor vehicle in his own name. Afterthe motor vehicle has been demolished, processed, or changed so that itphysically is no longer a motor vehicle, the demolisher or scrap metalprocessor shall surrender to the Department for cancellation the certificateof title, Vehicle Removal Certificate, properly executed vehicle dispositionhistory, or sales receipt from a foreign jurisdiction for the vehicle. TheDepartment shall issue the appropriate forms for the surrender of salesreceipts, certificates of title, vehicle disposition histories, and vehicleremoval certificates.
Demolishers and scrap metal processors shall keep accurate and completerecords, in accordance with § 46.2-1608, of all motor vehicles purchased orreceived by them in the course of their business. Demolishers and scrap metalprocessors shall also collect and verify:
1. The towing company's name and, if applicable, the license number issued tothe towing company by the Virginia Board for Towing and Recovery Operators,
2. One of the ownership or possession documents set out in this sectionfollowing verification of its accuracy, and
3. The driver's license of the person delivering the motor vehicle.
If the delivering vehicle does not possess a license number issued by theVirginia Board for Towing and Recovery Operators, the license plate number ofthe vehicle that delivered the motor vehicle or scrap shall also be collectedand maintained.
In addition, a photocopy or electronic copy of the appropriate ownershipdocument or a Vehicle Removal Certificate presented by the customer shall bemaintained. Ownership documents shall consist of either a motor vehicle titleor a sales receipt from a foreign jurisdiction or a vehicle dispositionhistory. These records shall be maintained in a permanent ledger in a manneracceptable to the Department at the place of business or at another readilyaccessible and secure location within the Commonwealth for at least fiveyears. The personal identifying information contained within these recordsshall be protected from unauthorized disclosure through the ultimatedestruction of the information. Disclosure of personal identifyinginformation by anyone other than the Department is subject to the Driver'sPrivacy Protection Act (18 U.S.C. § 2721 et seq.).
If requested by a law-enforcement officer, a licensee shall make available,during regular business hours, a report of all the purchases of motorvehicles. Each report shall include the information set out in this chapterand be available electronically or in an agreed-upon format. Any person whoviolates any provision of this chapter or who falsifies any of theinformation required to be maintained by this article shall be guilty of aClass 3 misdemeanor for the first offense. Any licensee or scrap metalprocessor who is found guilty of second or subsequent violations shall beguilty of a Class 1 misdemeanor. The Department shall also assess a civilpenalty not to exceed $500 for the first offense and $1,000 for the secondand subsequent offenses. Those penalties shall be paid into the statetreasury and set aside as a special fund to be used to meet the expenses ofthe Department.
If the vehicle identification number has been altered, is missing, or appearsto have been otherwise tampered with, the demolisher or scrap metal processorshall take no further action with regard to the vehicle except to safeguardit in its then-existing condition and shall promptly notify the Department.The Department shall, after an investigation has been made, notify thedemolisher or scrap metal processor whether the motor vehicle can be freedfrom this limitation. In no event shall the motor vehicle be disassembled,demolished, processed, or otherwise modified or removed prior toauthorization by the Department. If the vehicle is a motorcycle, thedemolisher or scrap metal processor shall cause to be noted on the title orsalvage certificate, certifying on the face of the document, in addition tothe above requirements, the frame number of the motorcycle and motor number,if available.
(1968, c. 421, § 46.1-555.8; 1989, c. 727; 2009, c. 664.)
