Virginia Code

Va. Code Ann. § 46.2-707 (2026)

Operation of uninsured vehicle; false evidence of insurance; penalty

✓ current as of May 2026

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Any person who is the operator of such an uninsured motor vehicle and not the titled owner and who knows that such motor vehicle is uninsured is guilty of a Class 3 misdemeanor.

The Commissioner or his duly authorized agent, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to verify insurance in a method prescribed by the Commissioner as provided for by § 46.2-706. The refusal or neglect of the owner to provide such verification shall be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation.

Any person who falsely verifies insurance to the Commissioner or gives false evidence that a motor vehicle sought to be registered is an insured motor vehicle, shall be guilty of a Class 3 misdemeanor.

However, the foregoing portions of this section shall not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of § 46.2-609 shall be applicable.

Any person who owns an uninsured motor vehicle (i) licensed in the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii) displaying temporary license plates provided for in § 46.2-1558 shall immediately surrender the vehicle's license plates to the Department, unless the vehicle's registration has been deactivated as provided by § 46.2-646.1. Any person who fails to immediately surrender his vehicle's license plates as required by this section is guilty of a Class 3 misdemeanor.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section shall be forwarded to the Commissioner as prescribed by § 46.2-383.

The Commissioner shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays a noncompliance fee of $600 to be disposed of as provided for in § 46.2-710 and furnishes proof of financial responsibility in the future as prescribed by Article 15 (§ 46.2-435 et seq.) of Chapter 3. However, when three years have elapsed from the date of the suspension herein required, the Commissioner may relieve such person of the requirement of furnishing proof of financial responsibility in the future. When such suspension results from a conviction for presenting or causing to be presented to the Commissioner false verification as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the Commissioner shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person so convicted for a period of 180 days from the date of such order of suspension, and only then when all other provisions of law have been complied with by such person.

The Commissioner shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section and he shall not thereafter reissue the driver's license until 30 days from the date of such order of suspension.

1958, c. 407, § 46.1-167.3; 1960, c. 188; 1966, cc. 181, 568; 1972, c. 552; 1973, c. 25; 1977, c. 196; 1978, c. 605; 1984, cc. 399, 780; 1986, c. 527; 1989, c. 727; 1996, cc. 474, 489; 2013, cc. 673, 789; 2019, cc. 149, 193; 2023, c. 538; 2025, cc. 163, 177.

Notes of Decisions

Cited in 12 cases, 1992–2015 · leading case: Vasaio v. Dep't of Motor Vehs., 590 S.E.2d 596 (Va. Ct. App. 2004).

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Vasaio v. Dep't of Motor Vehs., 590 S.E.2d 596 (Va. Ct. App. 2004). · cites it 3× “We do not discuss Code § 46.2-707 in any detail because none of the penalties available under that code section are at issue here.”

Commonwealth v. Brown, 508 S.E.2d 916 (Va. Ct. App. 1999). · cites it 4× “At the time of each of these three driving offenses, three separate license suspensions were in effect against Brown: 1 (1) 1993 suspension for operating or permitting operation of an uninsured motor vehicle in violation of Code § 46.2-707; (2) 1993 suspension for failure to…”

Commonwealth v. Walsh, 62 Va. Cir. 511 (Culpeper Cir. Ct. 2003). “2-1095 (“Count 6”), and operating a motor vehicle on the highway knowing that fees had not been paid to the Commission in violation of § 46.2-707 of the Code of Virginia (“Count 7”).”

Commonwealth of Virginia v. Hunter Franklin Hocutt (Va. Ct. App. 2015). · cites it 6× “Relying on the provisions of Code §§ 46.2-707 and -711, it contends that the lack of liability insurance required the deputy to seize the vehicle’s license plates and that this seizure of the plates also justified seizure of the vehicle by impounding and towing.”

Edward A. Vasaio v. Dept. Motor Vehs.,Commonweal (Va. Ct. App. 2004). · cites it 3× “shall require the Commissioner to suspend any 1 We do not discuss Code § 46.2-707 in any detail because none of the penalties available under that code section are at issue here.”

Commonwealth v. Patton, 87 Va. Cir. 215 (Fairfax Cir. Ct. 2013). · cites it 3× “2-301 and operating a motor vehicle on the highway knowing that fees had not been paid to the Commission in violation of Va. Code § 46.2-707 were strict liability offenses that “related only to the fact that the Defendant operated the vehicle at all”).”

Morris v. Commonwealth, 46 Va. Cir. 406 (Spotsylvania Cir. Ct. 1998). · cites it 3× “That suspension was issued under § 46.2-707. Therefore, even though Ms. Morris did not pay fines and costs associated with some of her convictions, so that her license was suspended for that purpose, the fact remains that her underlying, or seminal, suspension was the 1988 DMV…”

Commonwealth v. Spencer, 27 Va. Cir. 304 (Warren Cir. Ct. 1992). · cites it 3× “Findings of Fact Defendant was charged and convicted in the Warren County General District Court for violation of Va. Code § 46.2-707 which prohibits operating a motor vehicle without liability insurance, in Warren County case number T92-4760.”

Commonwealth of VA, DMV v. David L. Tice (Va. Ct. App. 2001). “2-361(B) provides: Any person who has been found to be an habitual offender, where the determination or adjudication was based entirely upon a combination of convictions of § 46.2-707 and convictions as set out in subdivision 1 c of former § 46.”

Commonwealth of VA/DMV v. Lloyd Wayne Taylor (Va. Ct. App. 2001). “Any person who has been found to be an habitual offender, where the determination or adjudication was based entirely upon a combination of convictions of § 46.2-707 and convictions as set out in subdivision 1 c of former § 46.”

United States v. Kenny Koonge (4th Cir. 2000). “2 , incorporating Va. Code § 46.2-707; 4) driving over the median in violation of 36 C.”

Commonwealth of Virginia v. James Anthony Younger (Va. Ct. App. 1997). “Under Code § 46.2-707, it is a Class 3 misdemeanor for the non-owner of an uninsured vehicle to drive the vehicle knowing that the uninsured motor vehicle fee was unpaid.”

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