Virginia Code 46.2-461: When Commissioner not to release proof of financial responsibility; affidavit of nonexistence of facts
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A. Notwithstanding the provisions of § 46.2-460 the Commissioner shall not release the proof in the event:
Terms Used In Virginia Code 46.2-461
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- 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
- 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. Any action for damages upon a liability included in this chapter is then pending;
2. Any judgment on any liability is then outstanding and unsatisfied; or
3. The Commissioner has received notice that the person involved has within the period of twelve months immediately preceding been involved as a driver in any motor vehicle accident.
B. An affidavit of the applicant of the nonexistence of these facts shall be sufficient evidence thereof in the absence of evidence in the records of the Department tending to indicate the contrary.
Code 1950, § 46-481; 1958, c. 541, § 46.1-492; 1989, c. 727.