It is unlawful for any person to violate any of the provisions of this title, or any regulation adopted pursuant to this title, or local ordinances adopted pursuant to the authority granted in this title. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than that provided for a Class 4 misdemeanor under § 18.2-11.
If it is found by the judge of a court of proper jurisdiction that the violation of any provision of this title was a serious traffic violation as defined in § 46.2-341.20 and that such violation was committed while operating a vehicle or combination of vehicles used to transport property that either (i) has a gross vehicle weight rating of 26,001 or more pounds or (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds, the judge may assess, in addition to any other penalty assessed, a further monetary penalty not exceeding $500.
1976, c. 135, § 46.1-16.01; 1977, c. 585; 1982, c. 681; 1989, c. 727; 1992, c. 533; 1997, c. 637; 2003, c. 844; 2022, c. 490.
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1991–2024 · leading case:
Lytle v. Griffith, 240 F.3d 404 (4th Cir. 2001).
Lytle v. Griffith, 240 F.3d 404 (4th Cir. 2001).
· cites it 2× “See Va. Code Ann. § 46.2-113 (Michie’s 1998).”
Caron Nazario v. Joe Gutierrez, 103 F.4th 213 (4th Cir. 2024).
· cites it 2× “See Va. Code Ann. § 46.2-113 ; § 18.2-8. Crocker turned onto Route 460 behind Lt.”
Colby v. Boyden, 400 S.E.2d 184 (Va. 1991).
“1 dealing with motor vehicles, which included, in Chapter 4, Code §§ 46.”
Erie Lawrence v. Commonwealth, 578 S.E.2d 54 (Va. Ct. App. 2003).
· cites it 2× “Unless otherwise stated, however, violations of the motor vehicles statutes are “traffic infractions,” Code § 46.2-113, and ordinarily subject the violator to the issuance of a summons.”
United States v. Brooks, 64 M.J. 587 (A.C.C.A. 2006).
· cites it 3× “See Va.Code Ann. § 46.2-113. At the time of appellant’s trial, Va.”
Commonwealth v. Tocci, 84 Va. Cir. 359 (Charlottesville Cir. Ct. 2012).
· cites it 4× “Code §§ 46.2-113,46.2-878. Defendants raise several constitutional and statutory challenges.”
Eberth v. Cnty. of Prince William, 637 S.E.2d 338 (Va. Ct. App. 2006).
“A “traffic infraction” is "a violation of law punishable as provided in § 46.2-113, which is neither a felony nor a misdemeanor.”
United States v. Martinez, 988 F. Supp. 975 (E.D. Va. 1998).
· cites it 3× “2-1239, the ACA requires that he be sentenced under Va.Code § 46.2-113, which limits punishment *978 for parking offenses to a $200 fine.”
Metro. Washington Airports Auth. v. Hagarty, 92 Va. Cir. 307 (Fairfax Cir. Ct. 2016).
· cites it 3× “See Va. Code §§ 46.2-113 and 18.2-11(d). The enhanced fines of $100 and $250 for second and third repeat offenses likewise are within the range of punishment for most traffic offenses.”
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