Section 70. Penalties

Except for those offenses listed in § 52-8.4:2 of the Code of Virginia, any violation of the provisions of the regulations adopted pursuant to § 52-8.4 of the Code of Virginia shall constitute a traffic infraction punishable by a fine of not more than $1,000 for the first offense or by a fine of not more than $5,000 for a subsequent offense. Each day of violation shall constitute a separate offense; however, any violation of any out-of-service order issued under authority of such regulations or under authority of the federal Motor Carrier Safety Regulations shall be punished as provided in § 46.2-341.21 of the Code of Virginia and the disqualification provisions of § 46.2-341.21 of the Code of Virginia also shall apply to any driver as convicted. Notwithstanding subsection C of § 52-8.4 of the Code of Virginia, any violation of certain provisions of the regulations adopted pursuant to § 52-8.4, and listed in § 52-8.4:2, shall constitute traffic infractions as defined in § 46.2-100 of the Code of Virginia and shall be eligible for designation as traffic infractions for which a pretrial waiver of appearance, plea of guilty, and fine payment may be accepted pursuant to § 16.1-69.40:1 of the Code of Virginia.

Historical Notes

Derived from VR545-01-1 § 2.6, eff. July 9, 1986; amended, Volume 06, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 08, Issue 10, eff. March 11, 1992; Volume 09, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 12, Issue 11, eff. March 20, 1996; Volume 14, Issue 11, eff. March 18, 1998.

Statutory Authority

§ 52-8.4 of the Code of Virginia.