Terms Used In Virginia Code > Title 27 > Chapter 1 - General Provisions

• Accommodations: means any real property improvement provided by the travel club to its members for lodging purposes, including, without limitation, condominiums, hotels, motels or motor courts. See Virginia Code 59.1-445
• Advertisement: includes any part of an advertisement recognizable as such. See Virginia Code 33.2-1200
• Advertising structure: means any rigid or semirigid material, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. See Virginia Code 33.2-1200
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bank: means a corporation authorized by statute to accept deposits and to hold itself out to the public as engaged in the banking business in the Commonwealth. See Virginia Code 6.2-800
• Bank: means the Virginia Transportation Infrastructure Bank created in § Virginia Code 33.2-1501
• Bank regulator: includes the Office of the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Bureau. See Virginia Code 6.2-947
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefits consortium: means a trust that complies with the conditions set forth in § Virginia Code 6.2-951
• Bequest: Property gifted by will.
• Billboard sign: means any sign, advertisement, or advertising structure as defined in this section owned by a person, firm, or corporation in the business of outdoor advertising. See Virginia Code 33.2-1200
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 59.1-434.1
• Board: means the Virginia Board of Agriculture and Consumer Services. See Virginia Code 59.1-435
• Board: means the Virginia Board of Agriculture and Consumer Services. See Virginia Code 59.1-445
• Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
• Business of outdoor advertising: means the erection, use, or maintenance of advertising structures or the posting or display of outdoor advertisements by any person who receives profit gained from rentals or any other compensation from any other person for the use or maintenance of such advertising structures or the posting or display of such advertisements, except reasonable compensation for materials and labor used or furnished in the actual erection of advertising structures or the actual posting of advertisements. See Virginia Code 33.2-1200
• Carrier: means any person engaged in the business of transporting persons for hire. See Virginia Code 59.1-445
• Centerline of the highway: means a line equidistant from the edges of the median separating the main traveled ways of a divided highway or the centerline of the main traveled way of a nondivided highway. See Virginia Code 33.2-1200
• City: has the meaning assigned to it in § 1-208. See Virginia Code 33.2-100
• Collection entity: means any person that purchases debt or collects debt on behalf of another entity. See Virginia Code 59.1-444.1
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commissioner: means the Commissioner of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-434.1
• Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-435
• Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-445
• Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means an individual who is also a resident of the Commonwealth. See Virginia Code 59.1-444.1
• Consumer: means :

  1. See Virginia Code 59.1-470

• Consumer product: means tangible personal property primarily used for personal, family, or household purposes. See Virginia Code 59.1-435
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract: means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, and emergency road service and road hazard protection. See Virginia Code 59.1-435
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credit enhancements: means surety bonds, insurance policies, letters of credit, guarantees, and other forms of collateral or security. See Virginia Code 33.2-1501
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit report: means a "consumer report" provided, however, that for purposes of this chapter, a credit report is limited to information that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes. See Virginia Code 59.1-444.1
• Creditworthiness: means attributes such as revenue stability, debt service coverage, reserves, and other factors commonly considered in assessing the strength of the security for indebtedness. See Virginia Code 33.2-1501
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Transportation. See Virginia Code 33.2-100
• device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. See Virginia Code 59.1-470
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 59.1-429
• Eligible borrower: means any (i) private entity; (ii) governmental entity; (iii) instrumentality, corporation, or entity established by any of the foregoing pursuant to § Virginia Code 33.2-1501
• Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• ERISA: means the federal Employee Retirement Income Security Act of 1974 (P. See Virginia Code 6.2-951
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Federal-aid primary highway: means any highway within that portion of the primary state highway system as established and maintained under Article 2 (§ Virginia Code 33.2-1200
• Fiduciary: A trustee, executor, or administrator.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental entity: means any (i) locality; (ii) local, regional, state, or federal entity; transportation authority, planning district, commission, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the Commonwealth; or public transportation entity owned, operated, or controlled by one or more local entities; (iii) entity established by interstate compact; (iv) instrumentality, corporation, or entity established by any of the foregoing pursuant to § Virginia Code 33.2-1501
• Grant: includes direct cash payments made to pay or reimburse all or a portion of interest payments made by a grantee on a debt obligation. See Virginia Code 33.2-1501
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care services: means the furnishing of services for the purpose of preventing, alleviating, curing, or healing human physical illness or injury or a mental or behavioral condition or disorder. See Virginia Code 59.1-444.1
• Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-100
• Highway: means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-1200
• Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or to indemnify for the costs of service, repair, replacement, or maintenance, for the operational failure of any property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances. See Virginia Code 59.1-434.1
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Information provider: means any person providing pay-per-call services. See Virginia Code 59.1-429
• Interchange: means a grade separated intersection with one or more turning roadways for travel between intersection legs, or an intersection at grade, where two or more highways join or cross. See Virginia Code 33.2-1200
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interstate System: means the same as that term is defined in Virginia Code 33.2-100
• Lawfully erected: means any sign that was erected pursuant to the issuance of a permit from the Commissioner of Highways under § Virginia Code 33.2-1200
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means an obligation subject to repayment that is provided by the Bank to an eligible borrower to finance all or a part of the eligible cost of a project incurred by the eligible borrower or other project sponsor. See Virginia Code 33.2-1501
• Locality: has the meaning assigned to it in § 1-221. See Virginia Code 33.2-100
• Long distance carrier: means any interexchange telephone company providing services within the Commonwealth. See Virginia Code 59.1-429
• Main traveled way: means the traveled way of a highway on which through traffic is carried. See Virginia Code 33.2-1200
• Maintain: means to allow to exist. See Virginia Code 33.2-1200
• Maintenance: means (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways. See Virginia Code 33.2-100
• Management agreement: means the memorandum of understanding or interagency agreement among the manager, the Secretary of Finance, and the Board as authorized under subsection B of § Virginia Code 33.2-1501
• Manager: means the Virginia Resources Authority serving as the manager, administrator, and trustee of funds disbursed from the Bank in accordance with the provisions of this article and the management agreement. See Virginia Code 33.2-1501
• Manufacturer: means a person or company that manufactures or assembles assistive devices and agents of that person or company, including an authorized dealer, an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's assistive device, but does not include a professional who fabricates, without charge, a device for use in the course of treatment. See Virginia Code 59.1-470
• mass transit: means passenger transportation by rubber-tired, rail, or other surface conveyance that provides shared ride services open to the general public on a regular and continuing basis. See Virginia Code 33.2-100
• Medical debt: means debt arising from health care services, including products, devices, durable medical equipment, and prescription drugs, and from the provision of transportation to receive health care services. See Virginia Code 59.1-444.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: has the meaning assigned to it in § 1-224. See Virginia Code 33.2-100
• National Highway System: means the federal-aid highway system referenced in Virginia Code 33.2-1200
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligor: means the person who is contractually obligated to the purchaser to provide services under the extended service contract and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser of the merchandise covered by the extended service contract, or (iii) acting through or with the written consent of a manufacturer or seller of merchandise similar to the merchandise covered by the extended service contract. See Virginia Code 59.1-435
• offering: means any act to sell, solicit, induce, advertise, or execute a travel services agreement. See Virginia Code 59.1-445
• Other financial assistance: includes capital or debt reserves for bonds or debt instrument financing, provision of letters of credit and other forms of credit enhancement, and other lawful forms of financing and methods of leveraging funds that are approved by the manager. See Virginia Code 33.2-1501
• Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed by telephone, through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 59.1-429
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Person: includes an individual, partnership, association, or corporation. See Virginia Code 33.2-1200
• Personal property: All property that is not real property.
• Post: means post, display, print, paint, burn, nail, paste, or otherwise attach. See Virginia Code 33.2-1200
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Primary highway: means any highway in or component of the primary state highway system. See Virginia Code 33.2-100
• Private entity: means any private or nongovernmental entity that has executed an interim or comprehensive agreement to develop and construct a transportation infrastructure project pursuant to the Public-Private Transportation Act of 1995 (§ Virginia Code 33.2-1501
• Project: means (i) the construction, reconstruction, rehabilitation, or replacement of any interstate, state highway, toll road, tunnel, local street or road, or bridge; (ii) the construction, reconstruction, rehabilitation, or replacement of any (a) mass transit, (b) commuter, passenger, or freight rail, (c) port, (d) airport, or (e) commercial space flight facility; or (iii) the acquisition of any rolling stock, vehicle, or equipment to be used in conjunction with clause (i) or (ii). See Virginia Code 33.2-1501
• Project obligation: means any bond, note, debenture, interim certificate, grant or revenue anticipation note, lease or lease-purchase or installment sales agreement, or credit enhancements issued, incurred, or entered into by an eligible borrower to evidence a loan, or any financing agreements, reimbursement agreements, guarantees, or other evidences of an obligation of an eligible borrower or other project sponsor to pay or guarantee a loan. See Virginia Code 33.2-1501
• Project sponsor: means any private entity or governmental entity that is involved in the planning, design, right-of-way acquisition, engineering, construction, maintenance, or financing of a project. See Virginia Code 33.2-1501
• Proper identification: means proper identification as defined in Virginia Code 59.1-444.1
• Property: means any component, part, appliance, or household system of a residential property that is covered by a contract, whether such component, part, appliance, or household system is personal property or is affixed as real property to the covered residential property. See Virginia Code 59.1-434.1
• Provider: means a person that is contractually obligated to the purchaser under the terms of the home service contract. See Virginia Code 59.1-434.1
• provider: means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. See Virginia Code 59.1-435
• Purchaser: means a person who enters into a home service contract with a provider. See Virginia Code 59.1-434.1
• Purchaser: means a person who enters into an extended service contract with an extended service contract provider. See Virginia Code 59.1-435
• Purchaser: means any person who enters into an agreement in whole or in part within this Commonwealth with a travel club for travel services. See Virginia Code 59.1-445
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes any property physically attached or annexed to real property in any manner whatsoever. See Virginia Code 33.2-1200
• Road hazard: means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps. See Virginia Code 59.1-435
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel. See Virginia Code 33.2-100
• Scenic area: means any public park or area of particular scenic beauty or historical significance designated as a scenic area by the Board. See Virginia Code 33.2-1200
• scenic highway: means those highways designated by the Board pursuant to § Virginia Code 33.2-1200
• Secondary state highway system: consists of all public highways, causeways, bridges, landings, and wharves in the counties of the Commonwealth not included in the primary state highway system and that have been accepted by the Department of Transportation for supervision and maintenance. See Virginia Code 33.2-100
• Secretary: means the Secretary of Transportation. See Virginia Code 33.2-100
• Self-assessment: means (i) a bank's voluntary, self-initiated internal assessment, audit, or review of the bank and its practices, policies, and procedures or (ii) a bank's voluntary, self-initiated assessment, audit, or review of the practices, policies, and procedures of a person acting under contract, directly or indirectly, as the bank's service provider, including mortgage servicers and sub-servicers, credit and debit card processors, and providers of loan document systems. See Virginia Code 6.2-947
• Self-assessment report: means any document, including any audit, report, finding, communication, or opinion or any draft of an audit, report, finding, communication, or opinion, prepared by internal personnel or by outside attorneys, accountants, or consultants as a part of or in connection with a self-assessment that is made in good faith. See Virginia Code 6.2-947
• Service of process: The service of writs or summonses to the appropriate party.
• Sign: means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any highway. See Virginia Code 33.2-1200
• Sponsoring association: includes any wholly owned subsidiary of a sponsoring association. See Virginia Code 6.2-951
• State: includes District of Columbia;

  (f) "Transit facilities" means all real and personal property located in the Zone, necessary or useful in rendering transit service between points within the Zone, by means of rail, bus, water or air and any other mode of travel, including, without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of transit service;

  (g) "Transit services" means the transportation of persons and their packages and baggage by means of transit facilities between points within the Zone including the transportation of newspapers, express and mail between such points, and charter service which originates within the Zone but does not include taxicab service or individual-ticket-sales sightseeing operations;

  (h) "Transit Zone" or "Zone" means the Washington Metropolitan Area Transit Zone created and described in Section 3 as well as any additional area that may be added pursuant to Section 83(a) of this Compact; and

  (i) "WMATC" means Washington Metropolitan Area Transit Commission. See Virginia Code 33.2-3100

• state agency: means the same as that term is defined in § Virginia Code 1-206
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial project completion: means the opening of a project for vehicular or passenger traffic or the handling of cargo and freight. See Virginia Code 33.2-1501
• Telephone company: means a certificated local exchange telephone company which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly. See Virginia Code 59.1-429
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trade name: includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services. See Virginia Code 33.2-1200
• Travel club: means a for-profit organization that provides, in return for either an advance fee for membership or an annual charge for membership of more than $100, the privilege for its members or participants to arrange or obtain future travel services through or from the organization. See Virginia Code 59.1-445
• Travel services: means transportation by carrier; accommodations; rental of motor vehicles; or any other service related to travel. See Virginia Code 59.1-445
• Travel services agreement: means the agreement executed in whole or in part in this Commonwealth between the travel club and the purchaser of the membership in such club and does not include arrangements or agreements for specific travel transportation, accommodation or other specific services. See Virginia Code 59.1-445
• Traveled way: means the portion of a roadway for the movement of vehicles, exclusive of shoulders. See Virginia Code 33.2-1200
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust business: means the holding out by a person or legal entity to the public at large by advertising, solicitation or other means that the person or legal entity is available to act as a fiduciary in the Commonwealth or is accepting and undertaking to perform the duties of a fiduciary in the regular course of its business. See Virginia Code 6.2-1000
• Trust company: means a corporation, including an affiliated trust company, that is authorized to engage in the trust business under Article 2 (§ Virginia Code 6.2-1000
• Trust institution: means any (i) bank authorized to engage in the trust business, (ii) trust company, or (iii) trust subsidiary. See Virginia Code 6.2-1000
• Trustee: A person or institution holding and administering property in trust.
• Urban area: means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area within the Commonwealth, or an urban place. See Virginia Code 33.2-1200
• Urban place: means an area so designated by the U. See Virginia Code 33.2-1200
• Urbanized area: means an area so designated by the U. See Virginia Code 33.2-1200
• Visible: means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. See Virginia Code 33.2-1200