CODE OF VIRGINIA

NOTICE OF SUSPENSION OR REVOCATION OF LICENSE (§ 46.2-416)

A. Whenever it is provided in this title that a driver’s license may or
shall be suspended or revoked either by the Commissioner or by a court, notice
of the suspension or revocation or any certified copy of the decision or order
of the Commissioner may be sent by the Department by certified mail to the
driver at the most recent address of the driver on file at the Department. If
the driver has previously been notified by mail or in person of the suspension
or revocation or of an impending suspension for failure to pay fines and costs
pursuant to § 46.2-395, whether notice is given by the court or law-enforcement
officials as provided by law, and the Department has been notified by the court
that notice was so given and the fines and costs were not paid within 30 days,
no notice of suspension shall be sent by the Department to the driver. If the
certificate of the Commissioner or someone designated by him for that purpose
shows that the notice or copy has been so sent or provided, it shall be deemed
prima facie evidence that the notice or copy has been sent and delivered or
otherwise provided to the driver for all purposes involving the application of
the provisions of this title. In the discretion of the Commissioner, service may
be made as provided in § 8.01-296, which service on the driver shall be made by
delivery in writing to the driver in person in accordance with subdivision 1 of
§ 8.01-296 by a sheriff or deputy sheriff in the county or city in which the
address is located, who shall, as directed by the Commissioner, take possession
of any suspended or revoked license, registration card, or set of license plates
or decals and return them to the office of the Commissioner. No such service
shall be made if, prior to service, the driver has complied with the requirement
which caused the issuance of the decision or order. In any such case, return
shall be made to the Commissioner.

B. In lieu of making a direct payment to sheriffs as a fee for delivery of the
Department’s processes, the Commissioner shall effect a transfer of funds,
on a monthly basis, to the Compensation Board to be used to provide additional
support to sheriffs’ departments. The amount of funds so transferred shall
be as provided in the general appropriation act.

C. The Department may contract with the United States Postal Service or an
authorized agent to use the National Change of Address System for the purpose of
obtaining current address information for a person whose name appears in
customer records maintained by the Department. If the Department receives
information from the National Change of Address System indicating that a person
whose name appears in a Department record has submitted a permanent change of
address to the Postal Service, the Department may then update its records with
the mailing address obtained from the National Change of Address System.

HISTORY: 1968, c. 144, § 46.1-441.2; 1980, c. 704; 1981, c. 619; 1984, c. 780;
1985, c. 231; 1989, cc. 439, 727; 1993, c. 24; 1994, c. 345; 1996, cc. 943, 994;
2001, c. 414; 2010, cc. 25, 55; 2012, c. 615.