State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-12 > 46-2-1219-2

§ 46.2-1219.2. Parking of vehicles in commuter parking lots owned by theVirginia Department of Transportation.

A. It shall constitute a traffic infraction for any person to park anyvehicle in any commuter parking lot owned by the Virginia Department ofTransportation in any manner not in conformance with posted signs andpavement markings.

B. In the prosecution of an offense established under this section, primafacie evidence that the vehicle described in the summons issued pursuant tothis section was parked in violation of this section, together with proofthat the defendant was at the time of such violation the owner, lessee, orrenter of the vehicle, shall constitute in evidence a rebuttable presumptionthat such owner, lessee, or renter of the vehicle was the person whocommitted the violation. Such presumption shall be rebutted if the owner,lessee, or renter of the vehicle (i) files an affidavit by regular mail withthe clerk of the general district court that he was not the operator of thevehicle at the time of the alleged violation or (ii) testifies in open courtunder oath that he was not the operator of the vehicle at the time of thealleged violation. Such presumption shall also be rebutted if a certifiedcopy of a police report, showing that the vehicle had been reported to thepolice as stolen prior to the time of the alleged violation of this section,is presented, prior to the return date established on the summons issuedpursuant to this section, to the court adjudicating the alleged violation. Aviolation of this section may be charged on the uniform traffic summons form.

C. Notwithstanding the provisions of § 19.2-76, whenever a summons for aviolation of this section is served in any county, city, or town, it may beexecuted by mailing by first-class mail a copy thereof to the address of theowner of the vehicle as shown on the records of the Department of MotorVehicles. If the summoned person fails to appear on the date of return setout in the summons mailed pursuant to this section, the summons shall beexecuted in the manner set out in § 19.2-76.3.

Enforcement of the provisions of this section may be enforced by anylaw-enforcement officer as defined in § 9.1-101.

(2007, c. 263.)

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-12 > 46-2-1219-2

§ 46.2-1219.2. Parking of vehicles in commuter parking lots owned by theVirginia Department of Transportation.

A. It shall constitute a traffic infraction for any person to park anyvehicle in any commuter parking lot owned by the Virginia Department ofTransportation in any manner not in conformance with posted signs andpavement markings.

B. In the prosecution of an offense established under this section, primafacie evidence that the vehicle described in the summons issued pursuant tothis section was parked in violation of this section, together with proofthat the defendant was at the time of such violation the owner, lessee, orrenter of the vehicle, shall constitute in evidence a rebuttable presumptionthat such owner, lessee, or renter of the vehicle was the person whocommitted the violation. Such presumption shall be rebutted if the owner,lessee, or renter of the vehicle (i) files an affidavit by regular mail withthe clerk of the general district court that he was not the operator of thevehicle at the time of the alleged violation or (ii) testifies in open courtunder oath that he was not the operator of the vehicle at the time of thealleged violation. Such presumption shall also be rebutted if a certifiedcopy of a police report, showing that the vehicle had been reported to thepolice as stolen prior to the time of the alleged violation of this section,is presented, prior to the return date established on the summons issuedpursuant to this section, to the court adjudicating the alleged violation. Aviolation of this section may be charged on the uniform traffic summons form.

C. Notwithstanding the provisions of § 19.2-76, whenever a summons for aviolation of this section is served in any county, city, or town, it may beexecuted by mailing by first-class mail a copy thereof to the address of theowner of the vehicle as shown on the records of the Department of MotorVehicles. If the summoned person fails to appear on the date of return setout in the summons mailed pursuant to this section, the summons shall beexecuted in the manner set out in § 19.2-76.3.

Enforcement of the provisions of this section may be enforced by anylaw-enforcement officer as defined in § 9.1-101.

(2007, c. 263.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-12 > 46-2-1219-2

§ 46.2-1219.2. Parking of vehicles in commuter parking lots owned by theVirginia Department of Transportation.

A. It shall constitute a traffic infraction for any person to park anyvehicle in any commuter parking lot owned by the Virginia Department ofTransportation in any manner not in conformance with posted signs andpavement markings.

B. In the prosecution of an offense established under this section, primafacie evidence that the vehicle described in the summons issued pursuant tothis section was parked in violation of this section, together with proofthat the defendant was at the time of such violation the owner, lessee, orrenter of the vehicle, shall constitute in evidence a rebuttable presumptionthat such owner, lessee, or renter of the vehicle was the person whocommitted the violation. Such presumption shall be rebutted if the owner,lessee, or renter of the vehicle (i) files an affidavit by regular mail withthe clerk of the general district court that he was not the operator of thevehicle at the time of the alleged violation or (ii) testifies in open courtunder oath that he was not the operator of the vehicle at the time of thealleged violation. Such presumption shall also be rebutted if a certifiedcopy of a police report, showing that the vehicle had been reported to thepolice as stolen prior to the time of the alleged violation of this section,is presented, prior to the return date established on the summons issuedpursuant to this section, to the court adjudicating the alleged violation. Aviolation of this section may be charged on the uniform traffic summons form.

C. Notwithstanding the provisions of § 19.2-76, whenever a summons for aviolation of this section is served in any county, city, or town, it may beexecuted by mailing by first-class mail a copy thereof to the address of theowner of the vehicle as shown on the records of the Department of MotorVehicles. If the summoned person fails to appear on the date of return setout in the summons mailed pursuant to this section, the summons shall beexecuted in the manner set out in § 19.2-76.3.

Enforcement of the provisions of this section may be enforced by anylaw-enforcement officer as defined in § 9.1-101.

(2007, c. 263.)