§ 8.01-310. How service made on Commissioner and Secretary; appointmentbinding.
A. Service of process on either the Commissioner of the Department of MotorVehicles as authorized under § 8.01-308 or on the Secretary of theCommonwealth as authorized under § 8.01-309, shall be made by leaving a copyof such process together with the fee for service of process on parties, inthe amount prescribed in § 2.2-409, for each party to be thus served, in thehands, or in the office, of such Commissioner or such Secretary and suchservice shall be sufficient upon the nonresident. All fees collected by theCommissioner pursuant to the provisions of this section shall be paid intothe state treasury and shall be set aside as a special fund to be used tomeet the expenses of the Department of Motor Vehicles.
B. Appointment of the Commissioner or Secretary as attorney or agent for theservice of process on a nonresident under § 8.01-308 or § 8.01-309 shall beirrevocable and binding upon the executor or other personal representative ofsuch nonresident:
1. Where a nonresident has died before the commencement of an action againsthim regarding an accident or collision under § 8.01-308 or § 8.01-309 shallbe irrevocable and binding upon the executor or other personal representativeof such nonresident; or
2. Where a nonresident dies after the commencement of an action against himregarding an accident or collision under § 8.01-308 or § 8.01-309, the actionshall continue and shall be irrevocable and binding upon his executor,administrator, or other personal representative with such additional noticeof the pendency of the action as the court deems proper.
(Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680;1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c.579.)
§ 8.01-310. How service made on Commissioner and Secretary; appointmentbinding.
A. Service of process on either the Commissioner of the Department of MotorVehicles as authorized under § 8.01-308 or on the Secretary of theCommonwealth as authorized under § 8.01-309, shall be made by leaving a copyof such process together with the fee for service of process on parties, inthe amount prescribed in § 2.2-409, for each party to be thus served, in thehands, or in the office, of such Commissioner or such Secretary and suchservice shall be sufficient upon the nonresident. All fees collected by theCommissioner pursuant to the provisions of this section shall be paid intothe state treasury and shall be set aside as a special fund to be used tomeet the expenses of the Department of Motor Vehicles.
B. Appointment of the Commissioner or Secretary as attorney or agent for theservice of process on a nonresident under § 8.01-308 or § 8.01-309 shall beirrevocable and binding upon the executor or other personal representative ofsuch nonresident:
1. Where a nonresident has died before the commencement of an action againsthim regarding an accident or collision under § 8.01-308 or § 8.01-309 shallbe irrevocable and binding upon the executor or other personal representativeof such nonresident; or
2. Where a nonresident dies after the commencement of an action against himregarding an accident or collision under § 8.01-308 or § 8.01-309, the actionshall continue and shall be irrevocable and binding upon his executor,administrator, or other personal representative with such additional noticeof the pendency of the action as the court deems proper.
(Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680;1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c.579.)
§ 8.01-310. How service made on Commissioner and Secretary; appointmentbinding.
A. Service of process on either the Commissioner of the Department of MotorVehicles as authorized under § 8.01-308 or on the Secretary of theCommonwealth as authorized under § 8.01-309, shall be made by leaving a copyof such process together with the fee for service of process on parties, inthe amount prescribed in § 2.2-409, for each party to be thus served, in thehands, or in the office, of such Commissioner or such Secretary and suchservice shall be sufficient upon the nonresident. All fees collected by theCommissioner pursuant to the provisions of this section shall be paid intothe state treasury and shall be set aside as a special fund to be used tomeet the expenses of the Department of Motor Vehicles.
B. Appointment of the Commissioner or Secretary as attorney or agent for theservice of process on a nonresident under § 8.01-308 or § 8.01-309 shall beirrevocable and binding upon the executor or other personal representative ofsuch nonresident:
1. Where a nonresident has died before the commencement of an action againsthim regarding an accident or collision under § 8.01-308 or § 8.01-309 shallbe irrevocable and binding upon the executor or other personal representativeof such nonresident; or
2. Where a nonresident dies after the commencement of an action against himregarding an accident or collision under § 8.01-308 or § 8.01-309, the actionshall continue and shall be irrevocable and binding upon his executor,administrator, or other personal representative with such additional noticeof the pendency of the action as the court deems proper.
(Code 1950, §§ 8-67.2, 8-67.4; 1952, c. 384; 1954, c. 333; 1970, c. 680;1972, c. 408; 1976, c. 26; 1977, c. 617; 1987, c. 696; 1992, c. 459; 2000, c.579.)
