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Intrastate Operating Authority - Denial; Suspension/Revocation

Background

Chapters 20 and 21 of Title 46.2 of the Code of Virginia provides that the Virginia Department of Motor Vehicles may:

  • deny your application for an operating authority certificate, license, permit, decal, or vehicle registration, or
  • suspend or revoke an existing operating authority certificate, license, permit, decal, or vehicle registration.

Reasons for Denial or Suspension/Revocation

Depending on your authority type, denial, suspension, or revocation may occur due to one or more of the following:

  • Making misstatements or omitting information on your application for an operating authority certificate, license, or permit, decal, or for the registration of your vehicle(s).
  • Failing to comply with any legal order issued by DMV or:
    • any provision of Chapter 20 or Chapter 21 of Title 46.2 of the Code of Virginia, or
    • any terms, conditions, or restrictions of your certificate, license, or permit.
  • Failing to comply with zoning or other land use ordinances, regulations, or statutes.
  • Using deceptive business acts or practices.
  • Making untruthful, misleading, or deceptive advertisements relating to the business authorized by a certificate, license, or permit that you are applying for or that you hold.
  • Being found in either a judicial or administrative hearing to have committed fraudulent or deceptive business acts relating to the business authorized by a certificate, license, or permit that you are applying for or that you hold.
  • Being convicted of any criminal act involving the business authorized by a certificate, license, or permit that you are applying for or that you hold.
  • Committing any of the following, if you are a self-insured carrier:
    • refusing arbitrarily or unreasonably to pay a claim, or
    • failing to, in good faith, make prompt, fair, and equitable settlements of claims where liability is reasonably clear, or
    • threatening to appeal an arbitration settlement prior to the arbitration hearing to try to get a person to settle a claim, or
    • requiring, for the purpose of delaying an investigation or payment of claims, an insured, claimant, or physician of either to file both a preliminary claim report and a formal proof of loss form when both contain substantially the same information.
  • Improperly leasing, renting, or lending; or allowing improper use of a certificate, license, permit, decal, or vehicle registration.
  • Having been convicted of a felony.
  • Having been convicted of any misdemeanor involving lying, cheating, stealing, or immoral conduct.
  • Failing to pay to DMV any taxes, fees, dues, fines, or penalties owed to DMV.
  • Failing to submit to DMV information, documentation, or records required or requested by statute.
  • Knowingly and willingly filing any false report, account, record, or memorandum.
  • Failing to prove that:
    • there is a need for the service you are applying for, or
    • you are fit to provide the service, or
    • you can meet the required financial responsibility requirements.
  • Willfully altering or changing the appearance or wording of any certificate, license, permit, decal, license plate, or vehicle registration.
  • Failing to provide the services authorized by the certificate, license, or permit.
  • Failing to keep proof of financial responsibility and/or a performance bond on file with DMV.
  • Failing to comply with the Worker's Compensation Act of Title 65.2 of the Code of Virginia.
  • Failing to properly register a motor vehicle under Title 46.2 of the Code of Virginia.
  • Failing to comply with any federal motor carrier statute, rule, or regulation.
  • Failing to comply with any requirements of the Americans with Disabilities Act.
  • Failing to actively maintain your motor carrier business, for example not having a motor vehicle registered under your operating authority certificate or permit for more than three months.