VIRGINIA MOTOR

MOTOR VEHICLE LAWS IN VIRGINIA

JB LANGLEY-EUSTIS LAW CENTER

Updated May 2015

This pamphlet provides general information about

important areas of Virginia motor vehicle laws.

VEHICLE REGISTRATION

DEFINITIONS

Whether a vehicle must be registered in Virginia depends

on who owns the vehicle and whether the owner is a

resident or nonresident. Here are some important

definitions:

Domicile is your state of legal residence: the state you

consider to be your “home” state; the state to which you

would return if you left the Air Force today. While there

is no single, conclusive test to determine domicile, the

following factors are relevant: where you were born and

raised; where you are registered to vote; where you hold a

driver’s license; where you pay personal income taxes;

where you own property; and where you have other ties

such as professional licenses and membership in various

organizations. The Servicemembers Civil Relief Act

(SCRA) prevents a state from creating a presumption that

an active-duty military member becomes domiciled in that

state simply because he or she is stationed there. The

member may choose to become a domiciliary of that state,

but cannot be forced to—the member can retain his or her

old domicile throughout his or her military career.

Contrary to a popular misconception, however, the SCRA

does not give a military member the unlimited right to

choose any state as a new domicile.

Nonresident means every person not domiciled in

Virginia, except those who become residents as described

below.

Resident means every person domiciled in Virginia (and

physically living here) plus every other person who meets

any of the following tests. (Note: These tests do not apply

to active-duty members or their spouses but do apply to

other dependents.)

A. Works in Virginia for more than 60 days;

B. Lives in Virginia for 6 months (except nonresident

students); or

C. Registers a car in Virginia using a Virginia address.

Nonresident student means every nonresident who is

enrolled as a full-time student and who is not gainfully

employed.

IN WHICH STATE SHOULD YOU REGISTER?

Virginia law requires most vehicles owned by Virginia

residents to be registered in Virginia. Follow these rules

based on ownership of the vehicle:

1. If a vehicle is owned solely by a person domiciled in

Virginia (regardless of military status) -- must register in

Virginia.

2. If a vehicle is owned jointly, and one or both owners are

domiciled in Virginia (regardless of military status) -- must

3. If a vehicle is owned solely by a civilian who is not

domiciled in Virginia (regardless of spouse’s/sponsor’s

domicile) -- must register in Virginia within 30 days of

becoming a Virginia resident.

4. If a vehicle is owned jointly by a military member not

domiciled in Virginia and a civilian not domiciled in Virginia-

- treat the vehicle as if owned solely by the civilian and follow

subparagraph 3.

5. If a vehicle is owned solely by a military member who is

not a Virginia domiciliary-- must register in either Virginia or

the state of domicile. Retaining a registration from a third

state is not allowed.

DRIVER’S LICENSES

Active-duty military members, their spouses, and dependent

children 16 years of age or older do not need a Virginia

driver’s license if they have a valid driver’s license from the

state in which they are domiciled. This applies regardless of

the state in which the vehicle is registered. Members and their

dependents may get a Virginia driver’s license without

affecting their domicile.

If for any reason your out-of-state driver’s license is

suspended, revoked or expires, you can no longer drive in

Virginia. Your status as a military member or dependent will

not protect you.

If you have a military driver’s license issued by the DoD, you

can drive with that license in Virginia for 30 days after your

arrival. After that, you must either get a Virginia license or a

license from your state of residence.

PERSONAL PROPERTY TAXES

Vehicles registered in Virginia are subject to a personal

property tax. The only exceptions are for a vehicle registered

1) solely in the name of an active-duty member who is

domiciled in another state; 2) solely in the name of his or her

spouse who is domiciled in another state; or 3) in both names

jointly. However, if the vehicle is jointly registered with

anyone other than the active-duty member and his or her

spouse, the vehicle is taxable. Note that this is a recent

change under the Military Spouses Residency Relief Act

(MSRRA) of 2009.

Updated April 2017

Some military members choose to avoid the tax by

removing another person’s name from the title. This is

done by having the other owner sign over his or her

ownership interest on the original title and applying for a

new title and registration at the Department of Motor

Vehicles (DMV). (If the vehicle has a lien against it

because of a loan, you may have to get the original

certificate of title from the bank). Note, however, that

removing another person’s name from the title gives sole

ownership to the active duty member.

The personal property tax rate varies depending upon

location, but is currently about $4.25 tax for every $100

assessed valuation (which may be less than market value).

However, due to the Personal Property Tax Relief Act

(PPTRA), the taxes you pay for your car might be lower

than in previous years. For more information on the

PPTRA, please contact the Commissioner of the Revenue

for your city or county.

Sales tax (sometimes called “use tax”) on vehicles

imported from overseas must be paid at the time of

registration. A vehicle purchased “tax free” overseas is

not exempt from sales tax in the U.S.

SAFETY INSPECTIONS

Vehicles registered in Virginia must be inspected once a

year at an official inspection station. If your vehicle is

lawfully registered in another state, you are not subject to

Virginia inspection laws. Langley AFB does not require

you to get a Virginia inspection. However, you do remain

subject to your home state’s inspection laws, if any.

Though it does not affect vehicles registered in any

locality surrounding Langley AFB, it is worth noting that

a number of Northern Virginia counties and cities require

emissions inspections to register your vehicle.

DRIVING ON BASE

No person has a right to drive, on base or off. Driving is a

privilege that can be taken away if misused. Virginia motor

vehicle laws apply on base just like they do off-base.

Civilians, retirees, or dependents ticketed on base will have

to appear in Federal Magistrate’s Court. Military members

ticketed will have to appear in front of their commander and

may receive administrative discipline or criminal

punishment. Simple things such as driving the speed limit,

coming to a full stop where indicated, and not getting

behind the wheel after drinking will not only save your

career, but could save your life.

OTHER SELECTED LAWS

A. All drivers and front seat passengers must wear seat belts.

As of July 2010, all passengers under age 18 must wear a

seat belt regardless of location in the car.

B. Any child under 6 years old must be in a child safety seat.

C. Pedestrians crossing streets have right of way.

D. Lights are to be on from sunset to sunrise, whenever your

windshield wipers are used, and any time that weather

conditions are such that you cannot clearly see 500 feet

ahead.

E. Dark tinting of windows is illegal.

F. Radar detectors are illegal.

G. Driving 20+ mph over the speed limit or over 80 mph is

reckless driving, making a court appearance mandatory.

H. Right turns on red, after stop, are permitted.

I. Wearing of radio headsets while driving is illegal if both

ears are covered.

J. Left lanes on highways are for passing only, not for regular

driving.

K. Virginia drivers under the age of 18 may not operate a

motor vehicle in Virginia while using a cellular telephone

or other wireless communication devices.

L. For all drivers, only hands-free cell phone use is allowed

while driving on-base.

WHERE TO GO FOR MORE INFORMATION

The DMV in Hampton is located at 8109 Roanoke Ave. The

DMV in Newport News is located at 12730 Patrick Henry

Drive. The phone number for all Virginia DMVs is (804) 497-

7100. For other locations or information try the Virginia DMV

online at http://www.dmv.state.va.us/

Note: The information in this handout is general in nature. It

is not to be used as a substitute for legal advice from an

attorney regarding individual situations.