Section 5. Class III offenses

Class III offenses may be violations of those sections of the Official Motor Vehicle Safety Inspection Manual considered more severe in nature, and usually considered most critical from a safety or administrative viewpoint. They would include the omission of checking or improper approval of an item so critical to the safe operation of a motor vehicle as to have the potential of being the imminent cause or factor of a motor vehicle crash. A violation of the following sections of the Official Motor Vehicle Safety Inspection Manual shall constitute a Class III offense unless designated otherwise:

19VAC30-70-10 J and P

19VAC30-70-11 in its entirety

19VAC30-70-80 in its entirety (except subdivision B 3)

19VAC30-70-90 in its entirety

19VAC30-70-100 in its entirety

19VAC30-70-110 in its entirety

19VAC30-70-120 in its entirety

19VAC30-70-130 in its entirety

19VAC30-70-140 in its entirety

19VAC30-70-160 I 10 h and 11 f

19VAC30-70-160 I 10 g and 11 g (2)

19VAC30-70-190 in its entirety

19VAC30-70-220 in its entirety

19VAC30-70-340 in its entirety

19VAC30-70-350 in its entirety

19VAC30-70-360 A and B

19VAC30-70-370 in its entirety

19VAC30-70-400 in its entirety

19VAC30-70-440 in its entirety

19VAC30-70-450 in its entirety

19VAC30-70-460 in its entirety

19VAC30-70-470 in its entirety

19VAC30-70-480 in its entirety

19VAC30-70-490 in its entirety

19VAC30-70-500 in its entirety

19VAC30-70-510 in its entirety

19VAC30-70-530 K 10 i and K 11 g (2)

19VAC30-70-560 in its entirety

19VAC30-70-590 in its entirety

19VAC30-70-690 in its entirety

Disciplinary action for a Class III offense shall be:

1st offense - Written reprimand from the safety officer or his designee.

2nd offense - Suspension for not less than 45 or more than 90 days.

Offenses are cumulative in nature and will remain active for a period of 24 months from date of offense.

A Class III offense in combination with two Class II offenses or three Class I offenses shall be grounds for no less than a 60-day or more than a 90-day suspension.

Historical Notes

Derived from Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 15, Issue 02, eff. November 11, 1998; Volume 28, Issue 24, eff. August 1, 2012; Volume 32, Issue 24, eff. October 3, 2016.

Statutory Authority

§ 46.2-1165 of the Code of Virginia.