Terms Used In Virginia Code > Title 46.2 > Subtitle II > Chapter 3 - Licensure of Drivers

• Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 18.2-191
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administration: means the U. See Virginia Code 56-555.1
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affected customer: means any customer of a natural gas utility receiving service at a premises served by eligible system expansion infrastructure. See Virginia Code 56-610
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means any person that controls, is controlled by, or is under common control with an electric utility. See Virginia Code 56-576
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aggregator: means a person that, as an agent or intermediary, (i) offers to purchase, or purchases, electric energy or (ii) offers to arrange for, or arranges for, the purchase of electric energy, for sale to, or on behalf of, two or more retail customers not controlled by or under common control with such person. See Virginia Code 56-576
• Air brake: means any braking system operating fully or partially on the air brake principle. See Virginia Code 46.2-341.4
• Allegation: something that someone says happened.
• Allowed distribution revenue: means the average annual, weather-normalized, nongas commodity revenue per customer associated with the rates in effect as adopted in the applicable utility's last Commission-approved rate case or performance-based regulation plan, multiplied by the average number of customers served. See Virginia Code 56-600
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriating body: means the body responsible for appropriating or authorizing funding to pay for a qualifying project. See Virginia Code 56-575.1
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Bid: means any submission of a price, whether written or oral, for any goods, services or construction to be provided. See Virginia Code 59.1-68.6
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 57-48
• Board: means the Commonwealth Transportation Board. See Virginia Code 56-536
• Business park: means a land development containing a minimum of 100 contiguous acres classified as a Tier 4 site under the Virginia Economic Development Partnership's Business Ready Sites Program that is developed and constructed by a locality, an industrial development authority, or a similar political subdivision of the Commonwealth created pursuant to § 15. See Virginia Code 56-576
• Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 18.2-191
• Certificate: means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. See Virginia Code 56-536
• Charitable organization: means any person that is or holds itself out to be organized or operated for any charitable purpose, or any person that solicits or obtains contributions solicited from the public. See Virginia Code 57-48
• Charitable purpose: means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. See Virginia Code 57-48
• Charitable sales promotion: means advertised sales that feature the names of both the commercial co-venturer and the charitable or civic organization and that state that the purchase or use of the goods, services, entertainment, or any other thing of value that the commercial co-venturer normally sells will benefit the charitable or civic organization or its purposes. See Virginia Code 57-48
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Civic organization: means any local service club, veterans post, fraternal society or association, volunteer fire or rescue group, or local civic league or association of 10 or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined in this section, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational, or social welfare purposes. See Virginia Code 57-48
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• clinic: means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety. See Virginia Code 46.2-490.3
• Combined heat and power: means a method of using waste heat from electrical generation to offset traditional processes, space heating, air conditioning, or refrigeration. See Virginia Code 56-576
• Commercial co-venturer: means any person who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes, and (iii) conducts an advertised charitable sales promotion for a specified limited period of time. See Virginia Code 57-48
• Commercial motor vehicle: means , except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. See Virginia Code 46.2-341.4
• Commercial Motor Vehicle Safety Act: means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P. See Virginia Code 46.2-341.4
• Commission: means the State Corporation Commission. See Virginia Code 56-603
• Commission: means the State Corporation Commission. See Virginia Code 59.1-69
• Commission: means the "State Corporation Commission. See Virginia Code 56-531
• Commission: means the State Corporation Commission. See Virginia Code 56-536
• Commission: means the State Corporation Commission. See Virginia Code 56-575.1
• Commission: means the State Corporation Commission. See Virginia Code 56-576
• Commission: means the State Corporation Commission. See Virginia Code 56-1
• Commissioner: means the Commissioner of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 57-48
• Commodity: includes any kind of real or personal property. See Virginia Code 59.1-9.3
• Community in which a majority of the population are people of color: means a U. See Virginia Code 56-576
• company: includes all corporations created by acts of the General Assembly of Virginia, or under the general incorporation laws of this Commonwealth, or doing business therein, and shall exclude all municipal corporations, other political subdivisions, and public institutions owned or controlled by the Commonwealth. See Virginia Code 56-1
• Complaining witness: means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery. See Virginia Code 18.2-67.10
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive agreement: means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575. See Virginia Code 56-575.1
• Conservation and ratemaking efficiency plan: means a plan filed by a natural gas utility pursuant to this chapter that includes a decoupling mechanism. See Virginia Code 56-600
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means any gift, bequest, devise, or other grant of any money, credit, financial assistance, or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance, or property received from any governmental authority. See Virginia Code 57-48
• Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. See Virginia Code 46.2-341.4
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a utility formed under or subject to Chapter 9. See Virginia Code 56-576
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost-effective conservation and energy efficiency program: means a program approved by the Commission that is designed to decrease the average customer's annual, weather-normalized consumption of energy, for gas and nongas elements combined, or avoid energy costs or consumption the customer may otherwise have incurred, and is determined by the Commission to be cost-effective if the net present value of the benefits exceeds the net present value of the costs at the portfolio level as determined by not less than any three of the following four tests: the Total Resource Cost Test, the Program Administrator Test (also referred to as the Utility Cost Test), the Participant Test, and the Ratepayer Impact Measure Test. See Virginia Code 56-600
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Covered entity: means a provider in the Commonwealth of an electric service not subject to competition but does not include default service providers. See Virginia Code 56-576
• Covered transaction: means an acquisition, merger, or consolidation of, or other transaction involving stock, securities, voting interests or assets by which one or more persons obtains control of a covered entity. See Virginia Code 56-576
• Credit card: means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. See Virginia Code 18.2-191
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Curtailment: means inducing retail customers to reduce load during times of peak demand so as to ease the burden on the electrical grid. See Virginia Code 56-576
• Customer choice: means the opportunity for a retail customer in the Commonwealth to purchase electric energy from any supplier licensed and seeking to sell electric energy to that customer. See Virginia Code 56-576
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Virginia Code 59.1-21.10
• Decedent: A deceased person.
• Decoupling mechanism: means a rate, tariff design or mechanism that decouples the recovery of a utility's allowed distribution revenue from the level of consumption of natural gas by its customers, including (i) a mechanism that adjusts actual nongas distribution revenues per customer to allowed distribution revenues per customer, such as a sales adjustment clause, (ii) rate design changes that substantially align the percentage of fixed charge revenue recovery with the percentage of the utility's fixed costs, such as straight fixed variable rates, provided such mechanism includes a substantial demand component based on a customer's peak usage, or (iii) a combination of clauses (i) and (ii) that substantially decreases the relative amount of nongas distribution revenue affected by changes in per customer consumption of gas. See Virginia Code 56-600
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Demand response: means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 57-48
• Department: means the Virginia Department of Transportation. See Virginia Code 56-536
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated family member: means the adult spouse, adult child or stepchild, or adult brother or sister of the dealer who is designated in the franchise agreement as the successor to the dealer's interest under the agreement and who shall become the dealer upon the completion of the succession. See Virginia Code 59.1-21.10
• development: means to plan, design, develop, finance, lease, acquire, install, construct, or expand. See Virginia Code 56-575.1
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disqualification: means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body. See Virginia Code 46.2-341.4
• Distribution facilities: includes poles and wires, or cables, or pipelines or other underground conduits by which a renewable generator is able to (i) supply electricity generated at its renewable energy facility to the electric distribution grid, (ii) distribute steam generated at its renewable energy facility to customers, or (iii) supply landfill gas it collects to customers or a natural gas distribution or transmission pipeline. See Virginia Code 56-614
• Distributor: shall mean any distributor, wholesaler, jobber, consignee or commission agent who purchases or otherwise acquires possession of or an interest in petroleum products under a contract of supply in the Commonwealth from a supplier for redistribution or wholesale sale;

  4. See Virginia Code 59.1-21.18:2

• Distributor: means a person owning, controlling, or operating a retail distribution system to provide electric energy directly to retail customers. See Virginia Code 56-576
• Docket: A log containing brief entries of court proceedings.
• Domicile: means a person's true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent. See Virginia Code 46.2-341.4
• Donor: The person who makes a gift.
• Electric utility: means any person that generates, transmits, or distributes electric energy for use by retail customers in the Commonwealth, including any investor-owned electric utility, cooperative electric utility, or electric utility owned or operated by a municipality. See Virginia Code 56-576
• Electric utility: means any investor-owned public utility that provides electric energy for use by retail customers, except investor-owned utilities subject to the provisions of § 56-585. See Virginia Code 56-597
• Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 18.2-190.1
• Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
• Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 18.2-190.1
• Eligible expansion investment: means that portion of the total capital investment made by a natural gas utility in constructing eligible system expansion infrastructure that is in excess of those costs that would be considered economic under a natural gas utility's economic test, net of any contributions in aid of construction, up to the maximum level of investment per affected customer specified in a system expansion plan. See Virginia Code 56-610
• Eligible infrastructure: means storage, compressed natural gas, liquefied natural gas, transmission and distribution facilities to be used in the delivery of natural gas, or supplemental or substitute forms of gas sources by a natural gas utility. See Virginia Code 56-605
• Eligible infrastructure replacement: includes natural gas utility facility replacement projects that are identified as a result of an enhanced leak detection and repair program. See Virginia Code 56-603
• Eligible infrastructure replacement costs: includes the following:

  1. See Virginia Code 56-603

• Eligible system expansion infrastructure: means natural gas main pipelines and associated facilities, including service lines, meters, and other pertinent facilities, that are constructed and operated by a natural gas utility to deliver natural gas service to affected customers located in an unserved area. See Virginia Code 56-610
• Eligible system expansion infrastructure costs: includes :

  1. See Virginia Code 56-610

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license. See Virginia Code 46.2-341.4
• Employer: means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles. See Virginia Code 46.2-341.4
• Endorsement: means an authorization to an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles. See Virginia Code 46.2-341.4
• Energy efficiency program: means a program that reduces the total amount of electricity that is required for the same process or activity implemented after the expiration of capped rates. See Virginia Code 56-576
• Enhanced leak detection and repair program: means a program that is designed to allow a natural gas utility to deploy advanced leak detection technologies to more accurately identify active leaks as part of the natural gas utility's leak management program and to prioritize the repair of leaks that present a risk to safety or the environment. See Virginia Code 56-603
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entry-level driver: means an individual who (i) must complete the commercial driver's license skills test requirements under FMCSA regulations prior to receiving a commercial driver's license for the first time, (ii) is upgrading to a Class A or Class B commercial driver's license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. See Virginia Code 46.2-341.4
• Entry-level driver training: means training an entry-level driver receives from an entity listed on the FMCSA's Training Provider Registry, as provided for in 49 C. See Virginia Code 46.2-341.4
• Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Federal Act: means the federal Natural Gas Pipeline Safety Act of 1968, P. See Virginia Code 56-555.1
• Federated fund-raising organization: means any federation of independent charitable organizations that have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization. See Virginia Code 57-48
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed costs: means any and all of the utility's nongas costs of service, together with an authorized return thereon, that are not associated with the cost of the natural gas commodity flowing through and measured by the customer's meter. See Virginia Code 56-600
• FMCSA: means the Federal Motor Carrier Safety Administration of the U. See Virginia Code 46.2-341.4
• Force majeure: means an act of God or any other cause not reasonably within the control of the supplier. See Virginia Code 59.1-21.18:2
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• franchise agreement: means any agreement, express or implied, between a refiner and a dealer under which a refiner authorizes or permits a dealer to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner. See Virginia Code 59.1-21.10
• Franchise fee: means any fee or charge that a dealer is required to pay or agrees to pay for the right to enter into a franchise agreement or to become a dealer at the premises to which the franchise agreement relates. See Virginia Code 59.1-21.10
• Franchisor: means a refiner who authorizes or permits, under a franchise, a dealer to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See Virginia Code 59.1-21.10
• Fraud: Intentional deception resulting in injury to another.
• Full air brake: means any braking system operating fully on the air brake principle. See Virginia Code 46.2-341.4
• Fund-raising expenses: means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation. See Virginia Code 57-48
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gas: means natural gas, flammable gas, or toxic or corrosive gas. See Virginia Code 56-555.1
• Gas pipeline facility: includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation. See Virginia Code 56-555.1
• Generator: means a person owning, controlling, or operating a facility that produces electric energy for sale. See Virginia Code 56-576
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services; "seller" means seller or lessor and "buyer" means buyer or lessee. See Virginia Code 59.1-21.2
• Gross combination weight rating: means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. See Virginia Code 46.2-341.4
• Gross vehicle weight rating: means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. See Virginia Code 46.2-341.4
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous materials: means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U. See Virginia Code 46.2-341.4
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: means the entire width between the boundary lines of every way or place of whatever nature open to the use of the public under the provisions of this chapter for purposes of vehicular travel in this Commonwealth. See Virginia Code 56-536
• home solicitation sale: means :

  1. See Virginia Code 59.1-21.2

• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Incumbent electric utility: means each electric utility in the Commonwealth that, prior to July 1, 1999, supplied electric energy to retail customers located in an exclusive service territory established by the Commission. See Virginia Code 56-576
• Independent system operator: means a person that may receive or has received, by transfer pursuant to this chapter, any ownership or control of, or any responsibility to operate, all or part of the transmission systems in the Commonwealth. See Virginia Code 56-576
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instructor: means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training. See Virginia Code 46.2-490.3
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interim agreement: means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. See Virginia Code 56-575.1
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intimate parts: means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15. See Virginia Code 18.2-67.10
• Investment: means costs incurred on eligible infrastructure replacement projects including planning, development, and construction costs; costs of infrastructure associated therewith; and an allowance for funds used during construction. See Virginia Code 56-603
• Investment: means costs incurred to deploy eligible infrastructure including planning, development, and construction costs and, if applicable, an allowance for funds used during construction. See Virginia Code 56-605
• IRP: means a document developed by an electric utility that provides a forecast of its load obligations and a plan to meet those obligations by supply side and demand side resources over the ensuing 15 years to promote reasonable prices, reliable service, energy independence, and environmental responsibility. See Virginia Code 56-597
• Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit card. See Virginia Code 18.2-191
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• leased marketing premises: means the premises at which petroleum products are sold to the general public. See Virginia Code 59.1-21.10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Locality: means the same as that term is defined in § 15. See Virginia Code 56-614
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Low-income geographic area: means any locality, or community within a locality, that has a median household income that is not greater than 80 percent of the local median household income, or any area in the Commonwealth designated as a qualified opportunity zone by the U. See Virginia Code 56-576
• Low-income utility customer: means any person or household whose income is no more than 80 percent of the median income of the locality in which the customer resides. See Virginia Code 56-576
• Manufacture of an unlawful electronic communication device: means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
• Material default: means any default by the private entity in the performance of its duties under subsection E of § 56-575. See Virginia Code 56-575.1
• Measure: means an individual item, service, offering, or rebate available to a customer of a natural gas utility as part of the utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
• Measured and verified: means a process determined pursuant to methods accepted for use by utilities and industries to measure, verify, and validate energy savings and peak demand savings. See Virginia Code 56-576
• Membership: means those persons to whom, for payment of fees, dues, assessments, etc. See Virginia Code 57-48
• Mental incapacity: means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. See Virginia Code 18.2-67.10
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Monthly allocation: shall mean the monthly amount of petroleum products sold or otherwise supplied to a distributor under applicable U. See Virginia Code 59.1-21.18:2
• motor fuel: means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. See Virginia Code 59.1-21.10
• municipal corporation: shall include an authority created by a governmental unit exempt from the referendum requirement of § 15. See Virginia Code 56-1
• Municipality: means a city, county, town, authority, or other political subdivision of the Commonwealth. See Virginia Code 56-576
• Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-603
• Natural gas utility: means an investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-605
• Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-610
• New underground facilities: includes underground cables with voltages of 69 kilovolts or less, pad-mounted devices, connections at customer meters, and transition terminations from existing overhead distribution sources. See Virginia Code 56-576
• Newly remodeled facility: means a retail outlet, marketing premises, or leased marketing premises which, within an 18-month period, has been rebuilt, renovated, or reconstructed at a cost of (i) for facilities remodeled before January 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled on or after January 1, 2004, a minimum of $560,000 plus an amount reflecting the annual rate of inflation, such amount to be calculated on January 1 of each year by the Commissioner of the Department of Agriculture and Consumer Services by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics. See Virginia Code 59.1-21.10
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to finance, maintain, improve, equip, modify, repair, or operate. See Virginia Code 56-575.1
• Operation: means all functions and pursuits of the operator of any roadway under this chapter which are directly or indirectly related to acquisition, approval, construction, enlargement, maintenance, patrolling, toll collections, or connections of the roadway or highway with any other highway or with any street, road or alley. See Virginia Code 56-536
• Operation of a retail outlet: means the ownership or option to buy a properly zoned parcel of property for which a permit to build a retail outlet has been granted. See Virginia Code 59.1-21.10
• Operator: means the person who submits to the Commission an application for authority to construct, operate or enlarge a roadway, and which, after issuance of a certificate of authority, is responsible for operation of any roadway under the provisions of this chapter. See Virginia Code 56-536
• out-of-service declaration: means an order by a judicial officer pursuant to § 46. See Virginia Code 46.2-341.4
• Oversight: Committee review of the activities of a Federal agency or program.
• owner: means the person who owns the sounds fixed in any master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes, or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance. See Virginia Code 59.1-41.1
• Parent organization: means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fund raising, and expenditures or assists or advises one or more chapters, branches, or affiliates. See Virginia Code 57-48
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payment device number: means any code, account number or other means of account access, other than a check, draft or similar paper instrument, that can be used to obtain money, goods, services or anything else of value, or to initiate a transfer of funds. See Virginia Code 18.2-191
• Peak-shaving: means measures aimed solely at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
• Person: means natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, and limited liability partnerships. See Virginia Code 56-605
• Person: means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board. See Virginia Code 46.2-341.4
• Person: means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit. See Virginia Code 57-48
• Person: includes any natural person; any trust or association of persons, formal or otherwise; or any corporation, partnership, company, or other legal or commercial entity. See Virginia Code 59.1-9.3
• Person: means any individual, firm, partnership or corporation;

  2. See Virginia Code 59.1-68.6

• Person: has the meaning prescribed in § 1-230. See Virginia Code 59.1-69
• Person: includes any natural person, corporation, partnership, joint venture, and any other business entity; however, "person" shall not include the state or any local government or agency thereof, or any municipal corporation or other corporate body. See Virginia Code 56-536
• Person: includes individuals, partnerships, limited liability companies, and corporations. See Virginia Code 56-1
• Person: means any individual, corporation, partnership, association, company, business, trust, joint venture, or other private legal entity, and the Commonwealth or any municipality. See Virginia Code 56-576
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Petroleum products: shall mean kerosene and number one and two heating oils;

  2. See Virginia Code 59.1-21.18:2

• Physical helplessness: means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known. See Virginia Code 18.2-67.10
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Portfolio: means the program or programs included in a natural gas utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Previously developed project site: includes a brownfield as defined in § 10. See Virginia Code 56-576
• prior sexual conduct: means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article. See Virginia Code 18.2-67.10
• Private entity: means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. See Virginia Code 56-575.1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Professional fund-raising counsel: means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. See Virginia Code 57-48
• Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or civic organization and are engaged in the solicitation of contributions under the direction of such person or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. See Virginia Code 57-48
• Profit: means the net gain, for income tax purposes, realized by the dealer upon the assignment, transfer, or sale of the franchise agreement. See Virginia Code 59.1-21.10
• Program: means a group of one or more related measures for a customer class. See Virginia Code 56-600
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public entity: means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. See Virginia Code 56-575.1
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Public rights-of-way use fee: means the fee chargeable to a renewable generator for the occupation and use of public streets, roads, highways, works, turnpikes, streets, avenues, and alleys in the Commonwealth by a locality or the Commonwealth Transportation Board for a renewable generator for its distribution facilities. See Virginia Code 56-614
• public service company: includes gas, pipeline, electric light, heat, power and water supply companies, sewer companies, telephone companies, and all persons authorized to transport passengers or property as a common carrier. See Virginia Code 56-1
• Qualified waste heat resource: means (i) exhaust heat or flared gas from an industrial process that does not have, as its primary purpose, the production of electricity and (ii) a pressure drop in any gas for an industrial or commercial process. See Virginia Code 56-576
• Qualifying project: means an economic development project requiring natural gas service as to which the natural gas utility has made a good faith determination that the following criteria are satisfied:

  1. See Virginia Code 56-605

• Qualifying project: means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility as defined in § 10. See Virginia Code 56-575.1
• Rate: means rate charged for any service rendered or to be rendered. See Virginia Code 56-1
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• receiving: means acquiring possession or control of the credit card number or payment device number or accepting the same as security for a loan. See Virginia Code 18.2-191
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refiner: means any person engaged in the refining of crude oil to produce motor fuel and includes any affiliate of such person. See Virginia Code 59.1-21.10
• regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Renewable energy: means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. See Virginia Code 56-576
• Renewable energy facility: means (i) an electrical generation facility that produces not more than 2 megawatts peak net power output to the distribution grid, which electricity is generated only from a renewable energy source; (ii) a steam reduction facility with a rated capacity of not more than 5,000 mmBtus per hour that produces steam only from a renewable energy source; or (iii) a solid waste management facility permitted by the Department of Environmental Quality from which landfill gas is transmitted or distributed off premises. See Virginia Code 56-614
• Renewable energy source: means energy derived from any source specified in the definition of renewable energy in § 56-576. See Virginia Code 56-614
• Renewable generator: means a person that (i) does not have the power of a public service corporation to acquire rights-of-way, easements, or other interests in lands as provided in § 56-49 and (ii) operates a renewable energy facility. See Virginia Code 56-614
• Renewable thermal energy: means the thermal energy output from (i) a renewable-fueled combined heat and power generation facility that is (a) constructed, or renovated and improved, after January 1, 2012, (b) located in the Commonwealth, and (c) utilized in industrial processes other than the combined heat and power generation facility or (ii) a solar energy system, certified to the OG-100 standard of the Solar Ratings and Certification Corporation or an equivalent certification body, that (a) is constructed, or renovated and improved, after January 1, 2013, (b) is located in the Commonwealth, and (c) heats water or air for residential, commercial, institutional, or industrial purposes. See Virginia Code 56-576
• Renewable thermal energy equivalent: means the electrical equivalent in megawatt hours of renewable thermal energy calculated by dividing (i) the heat content, measured in British thermal units (BTUs), of the renewable thermal energy at the point of transfer to a residential, commercial, institutional, or industrial process by (ii) the standard conversion factor of 3. See Virginia Code 56-576
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Responsible public entity: means a public entity that has the power to develop or operate the applicable qualifying project. See Virginia Code 56-575.1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restriction: means a prohibition on a commercial driver's license or commercial learner's permit that prohibits the holder from operating certain commercial motor vehicles. See Virginia Code 46.2-341.4
• Restrictions or requirements concerning the use of the public rights-of-way: includes permitting processes; requirements regarding notice, time, and location of excavations and repair work; enforcement of the statewide building code; and inspections but does not include any existing franchise fee or public rights-of-way use fee. See Virginia Code 56-614
• Retail: means the sale of petroleum products for purposes other than resale. See Virginia Code 59.1-21.10
• Retail customer: means any person that purchases retail electric energy for its own consumption at one or more metering points or nonmetered points of delivery located in the Commonwealth. See Virginia Code 56-576
• Retail electric energy: means electric energy sold for ultimate consumption to a retail customer. See Virginia Code 56-576
• Revenue-neutral: means a change in a rate, tariff design or mechanism as a component of a conservation and ratemaking efficiency plan that does not shift annualized allowed distribution revenue between customer classes, and does not increase or decrease the utility's average, weather-normalized nongas utility revenue per customer for any given rate class by more than 0. See Virginia Code 56-600
• Revenues: means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. See Virginia Code 56-575.1
• revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
• Roadway: as used in this chapter , shall include only privately owned or operated highways for use of which a toll or similar single-use charge is imposed. See Virginia Code 56-536
• Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 18.2-191
• SAVE: means Steps to Advance Virginia's Energy Plan. See Virginia Code 56-603
• SAVE plan: means a plan filed by a natural gas utility that identifies proposed eligible infrastructure replacement projects and a SAVE rider. See Virginia Code 56-603
• SAVE rider: means a recovery mechanism that will allow for recovery of the eligible infrastructure replacement costs, through a separate mechanism from the customer rates established in a rate case using the cost of service methodology set forth in § 56-235. See Virginia Code 56-603
• School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46. See Virginia Code 46.2-100
• Secretary: means the U. See Virginia Code 56-555.1
• Sell: means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same. See Virginia Code 18.2-190.1
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
• Service: includes any activity that is performed in whole or in part for the purpose of financial gain, including personal service, rental, leasing, or licensing for use. See Virginia Code 59.1-9.3
• Service contract: means a contract entered into between a public entity and the private entity pursuant to § 56-575. See Virginia Code 56-575.1
• Service payments: means payments to the private entity of a qualifying project pursuant to a service contract. See Virginia Code 56-575.1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual abuse: means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

  a. See Virginia Code 18.2-67.10

• Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
• Small investor-owned telephone utility: means any investor-owned public utility (other than a cooperative) which serves fewer than 100,000 access lines in Virginia and which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly, to or for the public. See Virginia Code 56-531
• Solar energy system: means a system of components that produces heat or electricity, or both, from sunlight. See Virginia Code 56-576
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• State: means one of the 50 states of the United States or the District of Columbia. See Virginia Code 46.2-341.4
• State: means the Commonwealth of Virginia. See Virginia Code 56-575.1
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
• Supplier: shall mean any person, partnership, company, corporation or association engaged in the refining and subsequent sale of petroleum products to any distributor in the Commonwealth;

  3. See Virginia Code 59.1-21.18:2

• Supplier: means any generator, distributor, aggregator, broker, marketer, or other person who offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so, but it does not mean a generator that produces electric energy exclusively for its own consumption or the consumption of an affiliate. See Virginia Code 56-576
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• System expansion plan: means a plan filed by a natural gas utility that identifies the level of eligible system expansion infrastructure costs that are projected to be incurred over the term of the plan and provides the calculation of a system expansion rider. See Virginia Code 56-610
• System expansion rider: means a recovery mechanism that will allow for recovery of the eligible system expansion infrastructure costs from affected customers, through a separate mechanism from the customer rates established in a rate case using the cost-of-service methodology set forth in § 56-235. See Virginia Code 56-610
• Tank vehicle: means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. See Virginia Code 46.2-341.4
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party examiner: means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license. See Virginia Code 46.2-341.4
• Third party tester: means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 of Title 23. See Virginia Code 46.2-341.4
• To discontinue: shall mean the failure or refusal to sell a monthly allocation as defined herein to a distributor for a period of six consecutive months unless such failure or refusal is the direct and proximate result of force majeure;

  6. See Virginia Code 59.1-21.18:2

• To reduce: shall mean the failure or refusal of a supplier to deliver at least seventy-five per centum of a monthly allocation to a distributor for a period of two consecutive months unless such failure or refusal is the direct and proximate result of an allocation percentage factor applied by the supplier to all its distributors or force majeure;

  7. See Virginia Code 59.1-21.18:2

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total annual energy savings: means (i) the total combined kilowatt-hour savings achieved by electric utility energy efficiency and demand response programs and measures installed in that program year, as well as savings still being achieved by measures and programs implemented in prior years, or (ii) savings attributable to newly installed combined heat and power facilities, including waste heat-to-power facilities, and any associated reduction in transmission line losses, provided that biomass is not a fuel and the total efficiency, including the use of thermal energy, for eligible combined heat and power facilitates must meet or exceed 65 percent and have a nameplate capacity rating of less than 25 megawatts. See Virginia Code 56-576
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
• Traffic control device: means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. See Virginia Code 46.2-100
• Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
• Training provider: means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry. See Virginia Code 46.2-341.4
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transmission system: means those facilities and equipment that are required to provide for the transmission of electric energy. See Virginia Code 56-576
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial franchise: means the same as provided in the Petroleum Marketing Practices Act (15 U. See Virginia Code 59.1-21.10
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-600
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.