A certificate of fitness issued under this chapter may be denied, suspended, or revoked on any one or more of the following grounds, where applicable:

Terms Used In Virginia Code 46.2-2133

  • Certificate of fitness: means a certificate issued by the Department to certain "household goods carriers" under this chapter. See Virginia Code 46.2-2100
  • Department: means the Department of Motor Vehicles. See Virginia Code 46.2-2100
  • Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter. See Virginia Code 46.2-2100
  • Fraud: Intentional deception resulting in injury to another.
  • Motor carrier: means any person who undertakes whether directly or by a lease, to transport property, including household goods, as defined by this chapter, for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2100
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of property, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails. See Virginia Code 46.2-2100
  • Statute: A law passed by a legislature.
  • 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

1. Material misstatement or omission in application for certificate of fitness or vehicle registration;

2. Failure to comply subsequent to receipt of a written warning from the Department or any willful failure to comply with a lawful order, any provision of this chapter or any regulation promulgated by the Department under this chapter, or any term or condition of any certificate of fitness;

3. Use of deceptive business acts or practices;

4. Knowingly advertising by any means any assertion, representation, or statement of fact that is untrue, misleading, or deceptive relating to the conduct of the business for which a certificate of fitness or vehicle registration is held or sought;

5. Having been found, through a judicial or administrative hearing, to have committed fraudulent or deceptive acts in connection with the business for which a certificate of fitness is held or sought or any consumer-related fraud;

6. Having been convicted of any criminal act involving the business for which a certificate of fitness is held or sought;

7. Improper leasing, renting, lending, or otherwise allowing the improper use of a certificate of fitness, identification marker issued by the Department, or vehicle registration;

8. Having been convicted of a felony;

9. Having been convicted of any misdemeanor involving lying, cheating, stealing, or moral turpitude;

10. Failure to submit to the Department any tax, fees, dues, fines, or penalties owed to the Department;

11. Failure to furnish the Department information, documentation, or records required or requested pursuant to statute or regulation;

12. Knowingly and willfully filing any false report, account, record, or memorandum;

13. Failure to meet or maintain application certifications or requirements of character, fitness, and financial responsibility pursuant to this chapter;

14. Willfully altering or changing the appearance or wording of any license, certificate, identification marker issued by the Department, license plate, or vehicle registration;

15. Failure to provide services in accordance with certificate of fitness terms, limitations, conditions, or requirements;

16. Failure to maintain and keep on file with the Department motor carrier liability insurance or cargo insurance, issued by a company licensed to do business in the Commonwealth, or a bond, certificate of insurance, certificate of self-insurance, or unconditional letter of credit in accordance with this chapter, with respect to each motor vehicle operated in the Commonwealth;

17. Failure to comply with the Workers’ Compensation Act of Title 65.2;

18. Failure to properly register a motor vehicle under this title;

19. Failure to comply with any federal motor carrier statute, rule, or regulation; or

20. Inactivity of a motor carrier as may be evidenced by the absence of a motor vehicle registered to operate under such certificate for a period of greater than three months.

2001, c. 596; 2011, cc. 881, 889; 2013, cc. 165, 582; 2017, cc. 790, 815.

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