A. The Department shall not issue a permanent certificate of title or registration for a foreign market vehicle until the applicant submits proof that the vehicle complies with federal safety requirements.
Terms Used In Virginia Code 46.2-602
- Department: means the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
- Federal safety requirements: means applicable provisions of 49 U. See Virginia Code 46.2-100
- Foreign market vehicle: means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U. See Virginia Code 46.2-100
- Legatee: A beneficiary of a decedent
- Lien: A claim against real or personal property in satisfaction of a debt.
- Motor vehicle: means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. See Virginia Code 46.2-100
- Owner: means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. See Virginia Code 46.2-100
- 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
- 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
B. The Department shall accept as proof that a foreign market vehicle complies with federal safety requirements documents from either the United States Department of Transportation or the United States Customs Service stating that the vehicle conforms or has been brought into conformity with federal safety requirements.
C. The certificate of title of any foreign market vehicle titled under this section shall contain an appropriate notation that the owner has submitted proof that it complies with federal safety requirements.
D. Any foreign market vehicle previously titled in the Commonwealth shall be titled and registered without further proof of compliance with federal safety requirements. If, however, proof of compliance is not submitted to the Department, the certificate of title shall contain an appropriate notation that the owner of the foreign market vehicle has not submitted proof that the vehicle complies with federal safety requirements.
E. No foreign market vehicle manufactured 25 or more years ago shall be subject to this section.
F. Notwithstanding the provisions of subsection A, the Department shall issue a nonnegotiable title for a foreign market vehicle on submission of a complete application for a title including all necessary documents of ownership. A negotiable title will be issued on proof of compliance as provided in subsection A or for foreign market vehicles manufactured 25 or more years ago. The Department shall show on the face of any title issued under this section any negotiable security interests in the motor vehicle as provided in §§ 46.2-636 through 46.2-643.
G. The Department shall not transfer the title to a foreign market vehicle if ownership of the vehicle is evidenced by a nonnegotiable title, unless the nonnegotiable title owner is deceased. If the nonnegotiable title owner is deceased, a new, nonnegotiable title may be issued to the legatee or distributee in accordance with §§ 46.2-633 and 46.2-634.
H. A nonnegotiable title may be issued for the purpose of recording a lien. A negotiable certificate of title shall be issued on proof of compliance with all regulations prescribed in this section.
I. Notwithstanding other provisions of this section, the Department shall issue, on application, a temporary, nonrenewable 180-day registration to a foreign market vehicle upon:
1. Proof that the vehicle has been brought into compliance with all federal safety requirements and that the applicant is merely waiting for documentary releases from the Federal Department of Transportation;
2. Proof of satisfactory passage of a Virginia safety inspection; and
3. Submission of a complete application for a title, including all necessary documents of ownership.
J. The Department shall withhold delivery of the certificate of title during the 180-day period of conditional registration and shall not issue the permanent title until the requirements of subsection A of this section have been met.
K. Upon application, the Department shall issue a temporary one-trip permit for the purpose of transporting a foreign market vehicle from the port of entry to the applicant’s home or to a conversion facility. The one-trip permit shall be issued in accordance with § 46.2-651.
1986, c. 613, § 46.1-41.2; 1989, c. 727; 2021, Sp. Sess. I, c. 137.