Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 10. Motor Vehicle and Equipment Safety » Article 1. Vehicle and Equipment Safety, Generally
Virginia Code

Va. Code Ann. § 46.2-1003 (2026)

Illegal use of defective and unsafe equipment

✓ current as of May 2026
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A. It shall be unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment mentioned in § 46.2-1002 which is defective and in an unsafe condition.

B. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

C. No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.

1960, c. 125, § 46.1-308.1; 1989, c. 727; 2017, c. 670; 2020, Sp. Sess. I, cc. 45, 51.

Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 1993–2025 · leading case: Richard Alvin Otey v. Commonwealth of Virginia, 735 S.E.2d 255 (Va. Ct. App. 2012).
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Richard Alvin Otey v. Commonwealth of Virginia, 735 S.E.2d 255 (Va. Ct. App. 2012). · cites it 24× “The issue before us pivots on a question of statutory construction, namely, the meaning of the term “defective” in Code § 46.2-1003. “Statutory interpretation presents a pure question of law and is accordingly subject to de novo review by this Court.”
Reel v. Commonwealth, 522 S.E.2d 881 (Va. Ct. App. 2000). · cites it 2× “, Code §§ 46.2-1041 to -1046 (tires), 46.2-1066 to -1071 (brakes).”
United States v. Washington, 439 F. Supp. 2d 589 (E.D. Va. 2006). · cites it 4× “" Va.Code § 46.2-1003. Given Virginia's defective equipment statute, combined with Officer Koenigsberg's observation of a crack spanning the entire length of the windshield, [10] Officer Koenigsberg's initiation of the vehicle stop was constitutionaly justified.”
Cooper v. City of Virginia Beach, Va., 817 F. Supp. 1310 (E.D. Va. 1993). · cites it 2× “Va.Code Ann. § 46.2-1003 (Michie 1989); City of Va.”
United States v. Ellington, 396 F. Supp. 2d 695 (E.D. Va. 2005). “§ 46.2-1003. Virginia Code § 46.2-1002 requires that safety glass in a motor vehicle being operated on a highway be of an approved type.”
Raymond Travis Swinson, Sr. v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 33× “He contends that subsection (C) of Code § 46.2-1003, which took effect March 1, 2021, applied retroactively, and rendered inadmissible the evidence the police seized in 2019.”
Bryan Temple Smith v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 23× “At the time of Smith’s arrest, Code § 46.2-1003 provided that it was “unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment .”
Brandon Rahsaan Moore v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 16× “ANALYSIS The General Assembly added subsection (C) to Code § 46.2-1003 in November 2020, effective March 1, 2021.”
United States v. Washington, 439 F. Supp. 2d 589 (E.D. Va. 2006). · cites it 4× “” Va.Code § 46.2-1003. Given Virginia’s defective equipment statute, combined with Officer Koenigsberg’s observation of a crack spanning the entire length of the windshield, 10 Officer Koenigsberg’s initiation of the vehicle stop was constitutionally justified.”
Teounta Ernest Lewis v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 12× “Code § 46.2-1003 states that “[i]t shall be unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment mentioned in § 46.”
Joely Bradford Hensley v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 12× “2-848 did not implicate Code § 46.2-1003. The court reasoned that while Hensley’s turn signal and taillights were defective, she nonetheless failed to indicate a turn to other drivers, and therefore the stop was valid pursuant to Code § 46.”
Commonwealth of Virginia v. Maurice D. Gaskins (Va. Ct. App. 2011). · cites it 20× “Had it done so, reasons the Commonwealth, the trial court should have found that Officer Montgomery had reasonable suspicion to stop the vehicle for investigation of a violation of Code § 46.2-1003. Code § 46.2-1003 provides: It shall be unlawful for any person to use or have as…”
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— Va. Code Ann. § 46.2-1003(C) — 5 cases
Raymond Travis Swinson, Sr. v. Commonwealth of Virginia (Va. Ct. App. 2023). “He contends that subsection (C) of Code § 46.2-1003, which took effect March 1, 2021, applied retroactively, and rendered inadmissible the evidence the police seized in 2019.”
Brandon Rahsaan Moore v. Commonwealth of Virginia (Va. Ct. App. 2023). “ANALYSIS The General Assembly added subsection (C) to Code § 46.2-1003 in November 2020, effective March 1, 2021.”
Bryan Temple Smith v. Commonwealth of Virginia (Va. Ct. App. 2023). “At the time of Smith’s arrest, Code § 46.2-1003 provided that it was “unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment .”
Joely Bradford Hensley v. Commonwealth of Virginia (Va. Ct. App. 2024). “2-848 did not implicate Code § 46.2-1003. The court reasoned that while Hensley’s turn signal and taillights were defective, she nonetheless failed to indicate a turn to other drivers, and therefore the stop was valid pursuant to Code § 46.”
Rakeem Ja-Hon Hodges v. Commonwealth of Virginia (Va. Ct. App. 2023).
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