For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:
"Motor vehicle" means a vehicle capable of self-propulsion which is either (i) required to be titled and licensed and for which a license fee is required to be paid by its owner, or (ii) owned by or assigned to a motor vehicle manufacturer, distributor, or dealer licensed in the Commonwealth. For the purposes of this article, "motor vehicle" does not include "moped" as defined in § 46.2-100.
"Insured motor vehicle" means a motor vehicle as to which there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in § 46.2-472, issued by an insurance carrier authorized to do business in the Commonwealth, or as to which a bond has been given or cash or securities delivered in lieu of the insurance; or as to which the owner has qualified as a self-insurer in accordance with the provisions of § 46.2-368.
"Uninsured motor vehicle" means a motor vehicle as to which there is no such bodily injury liability insurance and property damage liability insurance, or no such bond has been given or cash or securities delivered in lieu thereof, or the owner of which has not so qualified as a self-insurer.
1958, c. 407, § 46.1-167.2; 1960, c. 188; 1982, c. 638; 1988, c. 865; 1989, c. 727; 2013, c. 783.
Notes of Decisions
Vasaio v. Dep't of Motor Vehs., 590 S.E.2d 596 (Va. Ct. App. 2004).
· cites it 32× “We hold appellant’s motorcycle was a motor vehicle as defined in Code § 46.2-705, thus triggering the provisions of Code § 46.”
USAA Cas. Ins. v. Hertz Corp., 578 S.E.2d 775 (Va. 2003).
· cites it 3× “” Code § 46.2-705, in relevant part, defines an “[i]nsured motor vehicle” as “a motor vehicle as to which there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in § 46.”
Erie Ins. Exch. v. Rapid Rentals, Inc., 46 Va. Cir. 301 (Charlottesville Cir. Ct. 1998).
· cites it 4× “Va. Code § 46.2-705. *304 Virginia law thus requires Budget, as a condition of market entry, to either obtain for its vehicles (and by extension its permissive drivers) liability insurance from an authorized insurer, including property damage insurance to $20,000 as per § 46.”
State Farm Mut. Auto. Ins. v. Hertz Corp., 50 Va. Cir. 208 (Loudoun Cir. Ct. 1999).
· cites it 3× “In this case Hertz, who was engaged in the business of renting a car, without a driver, was mandated in “D” not to do so unless the car “is an insured motor vehicle as defined in § 46.2-705.” Section 46.2-705 defines an “Insured motor vehicle.”
Nationwide Mut. Ins. v. Welcome Corp., 58 Va. Cir. 25 (Va. Cir. Ct. 2001).
· cites it 4× “Va. Code § 46.2-705 gives the rental agency the option to *27 insure the vehicles with an insurance carrier, bond in lieu of insurance, or qualify as a self-insurer in accordance with the provisions of § 46.”
Jennings Motor Co. v. Toyota Motor Sales, USA, Inc., 83 Va. Cir. 531 (Fairfax Cir. Ct. 2010).
· cites it 3× “at 196-97 (holding that it was within the specialized competence of the DMV to determine the meaning of the term “motor vehicle” as used in Va. Code §§ 46.2-705 and 46.2-706). In such cases, “judicial interference is permissible only for relief against the arbitrary or…”
Bonner v. Watkins, 51 Va. Cir. 241 (Richmond County Cir. Ct. 2000).
· cites it 3× “2-108(D) states: *247 No person engaged in the business of renting automobiles and trucks without drivers shall rent any vehicle without a driver unless the vehicle is an insured motor vehicle as defined in § 46.2-705. A violation of this subsection shall constitute a Class 1…”
Gov't Employees Ins. v. N. Virginia Rent-A-Car, Inc., 57 Va. Cir. 539 (Va. Cir. Ct. 2000).
· cites it 3× “Virginia Code § 46.2-705 states that an insured motor vehicle is one which carries either liability insurance issued by an insurance carrier or a bond delivered in lieu of insurance, or who’s owner has qualified as a self-insurer in accordance with § 46.”
Commonwealth of VA, DMV v. David L. Tice, No. 1877004 (Va. Ct. App. May 29, 2001).
“2-351, may, after payment in full of all outstanding fines, costs and judgments relating to his determination, and furnishing proof of (i) financial responsibility and (ii) compliance with the provisions of Article 8 (§ 46.2-705 et seq.) of Chapter 6 of this title or both, if…”
Commonwealth of VA/DMV v. Lloyd Wayne Taylor, No. 1248002 (Va. Ct. App. Apr. 17, 2001).
“2-351, may, after payment in full of all outstanding fines, costs and judgments relating to his determination, and furnishing proof of (i) financial responsibility and (ii) compliance with the provisions of Article 8 (§ 46.2-705 et seq.) of Chapter 6 of this title or both, if…”
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