Terms Used In Virginia Code > Title 10.1 > Subtitle II > Chapter 11 - Forest Resources and the Department of Forestry

• Actual reimbursement amount: means reimbursement information included in the claims data submitted by data suppliers to the Virginia All-Payer Claims Database, whether such information is referred to in the claims data as "paid amounts" "allowed amounts" or another term having the same or similar meaning and whether in reference to the payer who paid the actual reimbursement amount or the provider who received the actual reimbursement amount. See Virginia Code 32.1-276.3
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Adult: means a person 18 years of age or older. See Virginia Code 16.1-228
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means any entity in which a manufacturer, factory branch, distributor, or distributor branch has voting control or owns at least 51 percent of the ownership equity, or any entity in which another entity has voting control or owns at least 51 percent of the ownership equity and also has voting control and owns at least 51 percent of the ownership of a manufacturer, factory branch, distributor, or distributor branch. See Virginia Code 46.2-1500
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means any facility, program, or organization owned or operated by the Commonwealth, by any political subdivision, or by any person, firm, corporation, association, or other legal entity. See Virginia Code 32.1-162.16
• air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
• Air navigation facility: means any airport ground or air navigation facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, buildings, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices, and any combination of any or all of such facilities, used or useful as an aid, or constituting any advantage or convenience, to the safe taking off, navigation, and landing of aircraft; in the safe and efficient operation or maintenance of an airport; in the safe, efficient and convenient handling or processing of aviation passengers, mail or cargo; or in the servicing or maintenance of aircraft or ground equipment. See Virginia Code 5.1-1
• Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air, including a balloon or other contrivance designed for maneuvering in airspace at an altitude greater than 24 inches above ground or water level, except that any contrivance now or hereafter invented of fixed or flexible wing design, operating without the assistance of any motor, engine, or other mechanical propulsive device, which is designed to utilize the feet and legs of the operator or operators as the sole means of initiating and sustaining forward motion during the launch and of providing the point of contact with the ground upon landing and commonly called a "hang glider" shall not be included within this definition. See Virginia Code 5.1-1
• aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
• Airman: means any individual, including the person in command and any pilot, mechanic, or member of the crew, who engages in the navigation of aircraft while under way within Virginia airspace; any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or accessories; and any individual who serves in the capacity of aircraft dispatcher. See Virginia Code 5.1-1
• Airport: means any area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon. See Virginia Code 5.1-1
• airport: means a landing area used regularly by aircraft for receiving or discharging passengers or cargo, and open to the public for use. See Virginia Code 5.1-89
• Airport hazard: means any structure, object or natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Virginia Code 5.1-1
• Airspace: means all that space above the land and waters within the boundary of the Commonwealth. See Virginia Code 5.1-1
• airspace: means all airspace above the lands and waters within the boundary of this Commonwealth. See Virginia Code 5.1-89
• All-terrain vehicle: means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. See Virginia Code 46.2-100
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique motor vehicle: means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized insurer: means , in the case of an interstate motor carrier whose operations may or may not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a solely intrastate motor carrier, an insurer authorized to transact business in the Commonwealth. See Virginia Code 46.2-2000
• Authorized insurer: means , in the case of an interstate motor carrier whose operations may or may not include intrastate activity, an insurer authorized to transact business in any one state, or, in the case of a solely intrastate motor carrier, an insurer authorized to transact business in the Commonwealth. See Virginia Code 46.2-2100
• Auto recycler: means any person licensed by the Commonwealth to engage in business as a salvage dealer, rebuilder, demolisher, or scrap metal processor. See Virginia Code 46.2-1600
• Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
• 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.
• Behind-the-wheel instructor: means an individual who meets the requirements for licensure under § Virginia Code 46.2-1700
• Behind-the-wheel training: means training provided by a licensed behind-the-wheel instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a range or on a public road. See Virginia Code 46.2-1700
• 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}
• Bequest: Property gifted by will.
• Blighted property: means any property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is (i) a public nuisance or (ii) an individual commercial, industrial, or residential structure or improvement that is beyond repair or unfit for human occupancy or use. See Virginia Code 1-219.1
• Board: means the Board of Health. See Virginia Code 32.1-276.3
• Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
• Board: means the Motor Vehicle Dealer Board. See Virginia Code 46.2-1500
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Broker: means any person not included in the term "motor carrier" and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter except for transportation pursuant to Article 15 (§ Virginia Code 46.2-2000
• Carrier by motor launch: means a common carrier, which carrier uses one or more motor launches operating on the waters within the Commonwealth to transport passengers. See Virginia Code 46.2-2000
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
• Certificate: means a certificate of public convenience and necessity or a certificate of fitness. See Virginia Code 46.2-2000
• Certificate of fitness: means a certificate issued by the Department to a contract passenger carrier, a sight-seeing carrier, a transportation network company, or a nonemergency medical transportation carrier. See Virginia Code 46.2-2000
• Certificate of fitness: means a certificate issued by the Department to certain "household goods carriers" under this chapter. See Virginia Code 46.2-2100
• Certificate of origin: means the document provided by the manufacturer of a new motor vehicle or new trailer, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised motor vehicle dealers, and the original purchaser not for resale. See Virginia Code 46.2-1500
• Certificate of public convenience and necessity: means a certificate issued by the Department of Motor Vehicles to certain common carriers, but nothing contained in this chapter shall be construed to mean that the Department can issue any such certificate authorizing intracity transportation. See Virginia Code 46.2-2000
• Certificate of qualification: means a designation issued by the Board acknowledging that the individual has been certified by the Board as an independent dealer-operator pursuant to § Virginia Code 46.2-1583
• Certified escort vehicle driver: means a person 18 years of age or older who holds a valid driver's license and a valid escort vehicle driver certificate issued (i) by the Commonwealth or (ii) by a state whose escort vehicle driver certification program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth has extended reciprocity. See Virginia Code 46.2-2900
• Certified prescribed burn manager: means any person who has successfully completed a certification process established by the State Forester under § Virginia Code 10.1-1150.1
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child in need of services: means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone. See Virginia Code 16.1-228
• Child in need of supervision: means :

  1. See Virginia Code 16.1-228

• Child welfare agency: means a child-placing agency, child-caring institution or independent foster home as defined in § Virginia Code 16.1-228
• Civil aircraft: means any aircraft other than a public aircraft. See Virginia Code 5.1-1
• Class A licensee: means a driver training school that provides entry-level driver training in the operation of commercial motor vehicles as defined in § Virginia Code 46.2-1700
• Class B licensee: means a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in § Virginia Code 46.2-1700
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Cloning: means the production of a precise genetic copy of a molecule, including deoxyribonucleic acid (DNA), or of chromosomes. See Virginia Code 32.1-162.21
• Commercial aircraft: means any civil aircraft used in flight activity for compensation or for hire. See Virginia Code 5.1-1
• Commission: means the State Corporation Commission. See Virginia Code 5.1-89
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Common carrier: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers for the general public by motor vehicle for compensation over the highways of the Commonwealth, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail or water under this chapter. See Virginia Code 46.2-2000
• common carrier by aircraft: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers, property for the general public, or mail by aircrafts for compensation (wholly within the airspace of the Commonwealth), whether over regular or irregular routes, including such aircraft operations of carriers by rail, water or motor vehicle and of express or forwarding companies. See Virginia Code 5.1-89
• Common data layout: means the national data collection standard adopted and maintained by the APCD Council. See Virginia Code 32.1-276.3
• 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.
• Computer-based driver education provider: means a driver training school licensed by the Department in accordance with this chapter to conduct computer-based driver education courses. See Virginia Code 46.2-1700
• Consent: means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian. See Virginia Code 16.1-336
• Construction project: means any land-disturbing activity that involves construction of infrastructure, including interstate highways, pipelines, or energy generation and transmission facilities. See Virginia Code 10.1-1181.13
• Constructive weight: means a measurement of seven pounds per cubic foot of properly loaded van space. See Virginia Code 46.2-2100
• Consumer: means any person (i) whose occupation is other than the administration of health activities or the provision of health services, (ii) who has no fiduciary obligation to a health care institution or other health agency or to any organization, public or private, whose principal activity is an adjunct to the provision of health services, or (iii) who has no material financial interest in the rendering of health services. See Virginia Code 32.1-276.3
• Continuance: Putting off of a hearing ot trial until a later time.
• contract carrier: means any person not included under the definitions of "common carrier by aircraft" or "restricted common carrier by aircraft" as defined in § Virginia Code 5.1-1
• Contract passenger carrier: means a motor carrier that transports groups of passengers under a single contract made with one person for an agreed charge for such transportation, regardless of the number of passengers transported, and for which transportation no individual or separate fares are solicited, charged, collected, or received by the carrier. See Virginia Code 46.2-2000
• Conviction: A judgement of guilt against a criminal defendant.
• Course: means a course of study leading to recertification for independent dealer-operators offered by correspondence, electronically, or in person. See Virginia Code 46.2-1583
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Covered lives: means subscribers, policyholders, members, enrollees, or dependents, as the case may be, under a policy or contract issued or issued for delivery in Virginia by a managed care health insurance plan licensee, insurer, health services plan, or preferred provider organization. See Virginia Code 32.1-276.3
• Covered person: means any person set forth in the definition of "deceased person" in § Virginia Code 58.1-3219.13
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer-operator: means the individual who works at the established place of business of a dealer and who is responsible for and in charge of day-to-day operations of that place of business. See Virginia Code 46.2-1500
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delinquent act: means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § Virginia Code 16.1-228
• Demolisher: means any person whose business is to crush, flatten, bale, shred, log, or otherwise reduce a vehicle to a state where it can no longer be considered a vehicle. See Virginia Code 46.2-1600
• Demonstrator: means a new motor vehicle having a gross vehicle weight rating of less than 16,000 pounds that (i) has more than 750 miles accumulated on its odometer that has been driven by dealer personnel or by prospective purchasers during the course of selling, displaying, demonstrating, showing, or exhibiting it and (ii) may be sold as a new motor vehicle, provided the dealer complies with the provisions of subsection D of § Virginia Code 46.2-1500
• Department: means the Department of Aviation. See Virginia Code 5.1-1
• Department: means the State Department of Health. See Virginia Code 32.1-3
• Department: means the Department of Taxation. See Virginia Code 58.1-1
• Department: means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law. See Virginia Code 16.1-228
• Department: means the Department of Motor Vehicles. See Virginia Code 46.2-2000
• Department: means the Department of Motor Vehicles. See Virginia Code 46.2-2100
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designee of the local community services board: means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U. See Virginia Code 16.1-336
• detention home: means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody. See Virginia Code 16.1-228
• Devise: To gift property by will.
• Diameter: means the distance through a tree at the point of average thickness as measured from outside of bark to outside of bark at a point on a trunk ten inches above the general ground level. See Virginia Code 10.1-1162
• Digital platform: means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with TNC partners. See Virginia Code 46.2-2000
• Diminished value compensation: means the amount of compensation that an insurance company pays to a third party vehicle owner, in addition to the cost of repairs, for the reduced value of a vehicle due to damage. See Virginia Code 46.2-1600
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposition: means the burial, interment, entombment, cremation, or other authorized disposition of a dead body permitted by law. See Virginia Code 32.1-309.1
• Distributor: means a person who is licensed by the Department under this chapter and who sells or distributes new motor vehicles or new trailers pursuant to a written agreement with the manufacturer to franchised motor vehicle dealers in the Commonwealth. See Virginia Code 46.2-1500
• Distributor branch: means a branch office licensed by the Department under this chapter and maintained by a distributor for the sale of motor vehicles to motor vehicle dealers or for directing or supervising, in whole or in part, its representatives in the Commonwealth. See Virginia Code 46.2-1500
• Distributor representative: means a person who is licensed by the Department under this chapter and employed by a distributor or by a distributor branch, for the purpose of making or promoting the sale of motor vehicles or for supervising or contacting its dealers, prospective dealers, or representatives in the Commonwealth. See Virginia Code 46.2-1500
• Docket: A log containing brief entries of court proceedings.
• Drop zone: means any locality whether over land or water that is used, or intended for use, for the landing and recovery of sky divers or parachutists using a parachute or other contrivance designed for sport jumping. See Virginia Code 5.1-1
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
• Employee hauler: means a motor carrier operating for compensation and exclusively transporting only bona fide employees directly to and from the factories, plants, office or other places of like nature where the employees are employed and accustomed to work. See Virginia Code 46.2-2000
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entry-level driver: means the same as defined in § Virginia Code 46.2-1700
• Entry-level driver training: means the same as defined in § Virginia Code 46.2-1700
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ERISA plan: means any self-funded employee welfare benefit plan governed by the requirements of the Employee Retirement Income Security Act of 1974, Virginia Code 32.1-276.3
• Escort vehicle driver certificate: means a credential issued under the laws of the Commonwealth or other state authorizing the holder to escort a permitted vehicle or vehicles. See Virginia Code 46.2-2900
• examination: means a test administered by the Board or the Department. See Virginia Code 46.2-1583
• Excursion train: means any steam-powered train that carries passengers for which the primary purpose of the operation of such train is the passengers' experience and enjoyment of this means of transportation, and does not, in the course of operation, carry (i) freight other than the personal luggage of the passengers or crew or supplies and equipment necessary to serve the needs of the passengers and crew, (ii) passengers who are commuting to work, or (iii) passengers who are traveling to their final destination solely for business or commercial purposes. See Virginia Code 46.2-2000
• Executive Director: means the Executive Director of the Board. See Virginia Code 46.2-1583
• Executor: A male person named in a will to carry out the decedent
• Factory branch: means a branch office maintained by a person for the sale of motor vehicles to distributors or for the sale of motor vehicles to motor vehicle dealers, or for directing or supervising, in whole or in part, its representatives in the Commonwealth. See Virginia Code 46.2-1500
• Factory representative: means a person who is licensed by the Department under this chapter and employed by a person who manufactures or assembles motor vehicles or by a factory branch for the purpose of making or promoting the sale of its motor vehicles or for supervising or contacting its dealers, prospective dealers, or representatives in the Commonwealth. See Virginia Code 46.2-1500
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family abuse: means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. See Virginia Code 16.1-228
• Family member: means a person who either (i) is the spouse, child, grandchild, spouse of a child, spouse of a grandchild, brother, sister, or parent of the dealer or owner or (ii) has been employed continuously by the dealer for at least five years. See Virginia Code 46.2-1500
• farmland: includes all land defined as follows:

  "Important farmland" other than prime or unique farmland, is land that is of statewide or local importance for the production of food, feed, fiber, forage, nursery, oilseed, or other agricultural crops, as determined by the appropriate state agency or local government agency, and that the U. See Virginia Code 10.1-1119.7

• Fighter or attack jet: means a jet-powered aircraft designed for military (i) combat training or (ii) operational mission execution. See Virginia Code 5.1-1
• Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter. See Virginia Code 46.2-2000
• Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter. See Virginia Code 46.2-2100
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• FMCSA: means the same as defined in § Virginia Code 46.2-1700
• Forest land: means land on which forest trees are found. See Virginia Code 10.1-1178
• Forest mitigation: means addressing the direct and indirect adverse impacts to forests that may be caused by a construction project by avoiding and minimizing impacts to the extent practicable and then compensating for the remaining impacts. See Virginia Code 10.1-1181.13
• forest trees: includes shade trees of any species around houses, along highways and within cities and towns if the trees constitute an insect or disease menace to nearby timber trees or timber stands. See Virginia Code 10.1-1178
• Forester: means any person who is engaged in the science, profession and practice of forestry and who possesses the qualifications required by this article. See Virginia Code 10.1-1181.8
• Forestry: means the science, art and practice of creating, managing, using and conserving forests and associated natural resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Virginia Code 10.1-1181.8
• Franchise: includes any severable part or parts of a franchise agreement which separately provides for selling and servicing different line-makes of the franchisor. See Virginia Code 46.2-1500
• franchised dealer: means a dealer in new motor vehicles or new trailers that has a franchise agreement with a manufacturer or distributor of new motor vehicles or new trailers to sell new motor vehicles or new trailers or to sell used motor vehicles under the trademark of a manufacturer or distributor regardless of the age of the motor vehicles. See Virginia Code 46.2-1500
• 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}
• Fund: means the Motor Vehicle Dealer Board Fund. See Virginia Code 46.2-1500
• Fund: means the Virginia Farmland and Forestland Preservation Fund. See Virginia Code 10.1-1119.2
• Fund: means the Forest Management of State-Owned Lands Fund. See Virginia Code 10.1-1121
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government utility corporation: means any county or municipality, or entity or agency thereof, which provides or operates one or more of the following authorized utility services: gas, pipeline, electric light, heat, power, water supply, sewer, telephone, or telegraph. See Virginia Code 1-219.1
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross weight: means the weight of a truck after a shipment has been loaded. See Virginia Code 46.2-2100
• 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 provider: means (i) a general hospital, ordinary hospital, outpatient surgical hospital, nursing home or certified nursing facility licensed or certified pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Health maintenance organization: means any person who undertakes to provide or to arrange for one or more health care plans pursuant to Chapter 43 of Title 38. See Virginia Code 32.1-276.3
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: means every public highway or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys in towns and cities. See Virginia Code 46.2-2000
• Highway: means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this Commonwealth, excluding the streets and alleys in towns and cities. See Virginia Code 46.2-2100
• Household goods: means personal effects and property used or to be used in a dwelling, when transported or arranged to be transported (i) between residences or (ii) between a residence and a storage facility with the intent to later transport to a residence. See Virginia Code 46.2-2100
• Household goods carrier: means a carrier who undertakes, whether directly or by a lease or other arrangement, to transport "household goods" as herein defined, by motor vehicle for compensation, on any highway in this Commonwealth, between two or more points in this Commonwealth, whether over regular or irregular routes. See Virginia Code 46.2-2100
• Human cloning: means the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed. See Virginia Code 32.1-162.21
• Human research: means any systematic investigation, including research development, testing and evaluation, utilizing human subjects, that is designed to develop or contribute to generalized knowledge. See Virginia Code 32.1-162.16
• Identification marker: means a decal or other visible identification issued by the Department to show one or more of the following: (i) that the operator of the vehicle has registered with the Department for the payment of the road tax imposed under Chapter 27 of Virginia Code 46.2-2000
• 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
• Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 16.1-336
• 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}
• Independent appraisal firm: means any business providing cost estimates for the repair of damaged motor vehicles for insurance purposes and having all required business licenses and zoning approvals. See Virginia Code 46.2-1600
• Independent dealer-operator: means the individual who works at the established place of business of an independent motor vehicle dealer and who is responsible for and in charge of day-to-day operations of that place of business. See Virginia Code 46.2-1583
• Independent motor vehicle dealer: means a dealer in used motor vehicles. See Virginia Code 46.2-1500
• Infection: means infection by any disease affecting forest trees which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
• Infestation: means infestation by means of any insect which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
• Informed consent: means the knowing and voluntary agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free power of choice. See Virginia Code 32.1-162.16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inpatient hospital: means a hospital providing inpatient care and licensed pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Inpatient treatment: means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness. See Virginia Code 16.1-336
• Instructor: means any person, whether acting for himself as operator of a driver training school or for such school for compensation, who teaches, conducts classes, gives demonstrations, or supervises persons learning to operate or drive a motor vehicle. See Virginia Code 46.2-1700
• Intake officer: means a juvenile probation officer appointed as such pursuant to the authority of this chapter. See Virginia Code 16.1-228
• Inter vivos: Transfer of property from one living person to another living person.
• Interstate: means transportation of passengers between states. See Virginia Code 46.2-2000
• Interstate: means the transportation of property between states. See Virginia Code 46.2-2100
• Intestate: Dying without leaving a will.
• Intrastate: means transportation of passengers solely within a state. See Virginia Code 46.2-2000
• Intrastate: means the transportation of property solely within a state. See Virginia Code 46.2-2100
• Investment interest: means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments. See Virginia Code 16.1-336
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• judge: means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city. See Virginia Code 16.1-228
• judge: includes a retired judge sitting by designation pursuant to § Virginia Code 16.1-336
• juvenile and domestic relations court: means the juvenile and domestic relations district court of each county or city. See Virginia Code 16.1-228
• Key information: means the training provider name, address, phone number, type or types of training offered, training provider status, and any change in state licensure, certification, or accreditation status. See Virginia Code 46.2-1700
• landing area: means any locality, either of land or water, including airports and intermediate landing fields, which is used, or intended to be used, for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and open to the public for such use. See Virginia Code 5.1-89
• landing field: means any locality, whether over land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft and open to the public for such use, whether or not facilities are provided for the sheltering, servicing, or repair of aircraft or for receiving or discharging passengers or cargo. See Virginia Code 5.1-1
• lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
• Late model vehicle: means the current-year model of a vehicle and the five preceding model years, or any vehicle whose actual cash value is determined to have been at least $10,000 prior to being damaged. See Virginia Code 46.2-1600
• law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 16.1-228
• Least restrictive alternative: means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury. See Virginia Code 16.1-336
• Legal custody: means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § Virginia Code 16.1-228
• Legally authorized representative: means , in the following specified order of priority, (i) the parent or parents having custody of a prospective subject who is a minor, (ii) the agent appointed under an advance directive, as defined in § Virginia Code 32.1-162.16
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license issued by the Department to a broker or a TNC broker. See Virginia Code 46.2-2000
• Licensee: means any person who is licensed or is required to be licensed under this chapter. See Virginia Code 46.2-1600
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Line-make: means the name of the motor vehicle manufacturer or distributor and a brand or name plate marketed by the manufacturer or distributor. See Virginia Code 46.2-1500
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Major component: means any one of the following subassemblies of a motor vehicle: (i) front clip assembly, consisting of the fenders, grille, hood, bumper, and related parts; (ii) engine; (iii) transmission; (iv) rear clip assembly, consisting of the quarter panels, floor panels, trunk lid, bumper, and related parts; (v) frame; (vi) air bags; and (vii) any door that displays a vehicle identification number. See Virginia Code 46.2-1600
• Manufactured home dealer: means any person licensed as a manufactured home dealer under Chapter 4. See Virginia Code 46.2-1500
• Manufacturer: means a person who is licensed by the Department under this chapter and engaged in the business of constructing or assembling new motor vehicles or new trailers and, in the case of trucks, recreational vehicles, and motor homes, also means a person engaged in the business of manufacturing engines, transmissions, power trains, or rear axles, when such engines, transmissions, power trains, or rear axles are not warranted by the final manufacturer or assembler of the truck, recreational vehicle, or motor home. See Virginia Code 46.2-1500
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Medical care facility: means any institution, place, building, or agency, whether or not licensed or required to be licensed by the Board or the Department of Behavioral Health and Developmental Services, whether operated for profit or nonprofit, and whether privately owned or privately operated or owned or operated by a local governmental unit, (i) by or in which health services are furnished, conducted, operated, or offered for the prevention, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, whether medical or surgical, of two or more nonrelated persons who are injured or physically sick or have mental illness, or for the care of two or more nonrelated persons requiring or receiving medical, surgical, nursing, acute, chronic, convalescent, or long-term care services, or services for individuals with disabilities, or (ii) which is the recipient of reimbursements from third-party health insurance programs or prepaid medical service plans. See Virginia Code 32.1-3
• Mental health facility: means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
• Mental illness: means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. See Virginia Code 16.1-336
• Minimal risk: means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests. See Virginia Code 32.1-162.16
• minor: means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ Virginia Code 16.1-228
• Minor: means a person less than 18 years of age. See Virginia Code 16.1-336
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Motor carrier: means any person who undertakes, whether directly or by lease, to transport passengers for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2000
• Motor carrier: means any person who undertakes whether directly or by a lease, to transport property, including household goods, as defined by this chapter, for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2100
• Motor home: means a motorized recreational vehicle designed to provide temporary living quarters for recreational, camping, or travel use that contains at least four of the following permanently installed independent life support systems that meet the National Fire Protection Association standards for recreational vehicles: (i) a cooking facility with an onboard fuel source; (ii) a potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection; (iii) a toilet with exterior evacuation; (iv) a gas or electric refrigerator; (v) a heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine; or (vi) a 110-125 volt electric power supply. See Virginia Code 46.2-1500
• motor vehicle: includes trailers, as defined in this section, and does not include (i) manufactured homes, sales of which are regulated under Virginia Code 46.2-1500
• Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of property, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails. See Virginia Code 46.2-2100
• Motor vehicle show: means a display of motor vehicles to the general public at a location other than a dealer's location licensed under this chapter where the vehicles are not being offered for sale or exchange during or as part of the display. See Virginia Code 46.2-1500
• Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle within the term "farm tractor" or "moped" as defined in § Virginia Code 46.2-1500
• Net weight: means the tare weight subtracted from the gross weight. See Virginia Code 46.2-2100
• New motor vehicle: means any vehicle, excluding trailers, that is in the possession of the manufacturer, factory branch, distributor, distributor branch, or motor vehicle dealer and for which an original title has not been issued by the Department or by the issuing agency of any other state and has less than 7,500 miles accumulated on its odometer. See Virginia Code 46.2-1500
• New trailer: means any trailer that (i) has not been previously sold except in good faith for the purpose of resale; (ii) has not been used as a rental, driver education, or demonstration trailer or for the personal or business transportation of the manufacturer, distributor, dealer, or any of its employees; (iii) has not been used except for limited use necessary in moving or road testing the trailer prior to delivery to a customer; (iv) is transferred by a certificate of origin; and (v) has the manufacturer's certification that it conforms to all applicable federal trailer safety and emission standards. See Virginia Code 46.2-1500
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonemergency medical transportation carrier: means a motor carrier that exclusively provides nonemergency medical transportation and provides such transportation only (i) through the Department of Medical Assistance Services; (ii) through a broker operating under a contract with the Department of Medical Assistance Services; or (iii) as a Medicaid Managed Care Organization or through a contractor of a Medicaid Managed Care Organization contracted with the Department of Medical Assistance Services to provide such transportation. See Virginia Code 46.2-2000
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonprofit organization: means a nonprofit, tax-exempt health data organization with the characteristics, expertise, and capacity to execute the powers and duties set forth for such entity in this chapter. See Virginia Code 32.1-276.3
• Nonrepairable certificate: means a document of ownership issued by the Department for any nonrepairable vehicle upon surrender or cancellation of the vehicle's title and registration or salvage certificate. See Virginia Code 46.2-1600
• Nonrepairable vehicle: means any vehicle that has been determined by its insurer or owner to have no value except for use as parts and scrap metal or for which a nonrepairable certificate has been issued or applied for. See Virginia Code 46.2-1600
• Nontherapeutic research: means human research in which there is no reasonable expectation of direct benefit to the physical or mental condition of the human subject. See Virginia Code 32.1-162.16
• Notary: means notary public. See Virginia Code 1-226
• Nucleus: means the cell structure that houses the chromosomes and, thus, the genes. See Virginia Code 32.1-162.21
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• 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.
• Office: means the Office of Working Lands Preservation. See Virginia Code 10.1-1119.2
• Oocyte: means the ovum or egg. See Virginia Code 32.1-162.21
• operations: includes the operation of all motor vehicles, whether loaded or empty, whether for compensation or not, and whether owned by or leased to the motor carrier who operates them or causes them to be operated. See Virginia Code 46.2-2000
• Operator: means the employer or person actually driving a motor vehicle or combination of vehicles. See Virginia Code 46.2-2000
• Operator: means any person that operates or has operated or exercises or has exercised control over any silvicultural activity. See Virginia Code 10.1-1181.1
• Oral and maxillofacial surgeon: means , for the purposes of this chapter, a person who is licensed to practice dentistry in Virginia, registered with the Board of Dentistry as an oral and maxillofacial surgeon, and certified to perform certain procedures pursuant to § Virginia Code 32.1-276.3
• Original application: means an application for an independent dealer-operator certificate of qualification from an applicant who has never been issued an independent dealer-operator certificate of qualification in Virginia or whose Virginia independent dealer-operator certificate of qualification has been expired for more than 60 days. See Virginia Code 46.2-1583
• Original license: means a motor vehicle dealer license issued to an applicant who has never been licensed as a motor vehicle dealer in Virginia or whose Virginia motor vehicle dealer license has been expired for more than 30 days. See Virginia Code 46.2-1500
• Outpatient surgery: means all surgical procedures performed on an outpatient basis in a general hospital, ordinary hospital, outpatient surgical hospital or other facility licensed or certified pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred. See Virginia Code 10.1-1181.1
• Parent: means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. See Virginia Code 16.1-336
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peer-to-peer vehicle sharing: means the authorized use of a shared vehicle by a shared vehicle driver through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
• Peer-to-peer vehicle sharing platform: means an online-enabled application, website, or system that connects vehicle owners with drivers to enable the sharing of peer-to-peer shared vehicles for financial consideration. See Virginia Code 46.2-1408
• Permit: means a permit issued by the Department to carriers operating as employee haulers or nonprofit/tax-exempt passenger carriers or to operators of taxicabs or other vehicles performing taxicab service under this chapter. See Virginia Code 46.2-2000
• Permit: means a permit issued by the Department authorizing the transportation of property, excluding household goods transported for a distance greater than 30 road miles. See Virginia Code 46.2-2100
• Permitted vehicle or vehicles: means any vehicle being operated under the provisions of a valid highway hauling permit issued pursuant to § Virginia Code 46.2-2900
• Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
• Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
• person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 5.1-89
• Person: means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 46.2-2000
• Person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 46.2-2100
• Person: means any landowner, owner of timber, owner of timber rights, sawmill operator, sawmill owner, veneer wood operator, pulpwood contractor, or any person engaged in the business of severing timber from the stump. See Virginia Code 10.1-1162
• Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Personal vehicle: means a motor vehicle that is not used to transport passengers for compensation except as a TNC partner vehicle. See Virginia Code 46.2-2000
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pollution: means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses. See Virginia Code 10.1-1181.1
• Prearranged ride: includes the period of time that begins when a TNC partner accepts a ride requested through a digital platform, continues while the TNC partner transports a passenger in a TNC partner vehicle, and ends when the passenger exits the TNC partner vehicle. See Virginia Code 46.2-2000
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prescribed burning: means the controlled application of fire or wildland fuels in either the natural or modified state, under specified environmental conditions, which allows a fire to be confined to a predetermined area and produces the fire behavior and fire characteristics necessary to attain planned fire treatment and ecological, silvicultural, and wildlife management objectives. See Virginia Code 10.1-1150.1
• Prescription: means a written statement defining the objectives to be attained by a prescribed burning and the conditions of temperature, humidity, wind direction and speed, fuel moisture, and soil moisture under which a fire will be allowed to burn. See Virginia Code 10.1-1150.1
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Property carrier: means any person, not herein exempted, who undertakes either directly or by a lease, to transport property for compensation. See Virginia Code 46.2-2100
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• provider: means any person or entity presenting or offering one or more recertification education courses. See Virginia Code 46.2-1583
• Public aircraft: includes any fighter or attack jet that is leased or owned by a private entity, provided that the aircraft operations are conducted exclusively for the purpose of military combat training in service to the federal government. See Virginia Code 5.1-1
• Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Qualified evaluator: means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board. See Virginia Code 16.1-336
• Quorum: The number of legislators that must be present to do business.
• Range: means an area that is free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines. See Virginia Code 46.2-1700
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Rebuilder: means any person who acquires and repairs, for use on the public highways, two or more salvage vehicles within a 12-month period. See Virginia Code 46.2-1600
• Rebuilt vehicle: means (i) any salvage vehicle that has been repaired for use on the public highways or (ii) any late model vehicle that has been repaired and the estimated cost of repair exceeded 75 percent of its actual cash value, excluding the cost to repair damage to the engine, transmission, or drive axle assembly. See Virginia Code 46.2-1600
• Recertification: means completing the requirements of this article to recertify an independent dealer-operator certificate of qualification. See Virginia Code 46.2-1583
• Relevant market area: means as follows:

  1. See Virginia Code 46.2-1500

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Repairable vehicle: means a late model vehicle that is not a rebuilt vehicle, but is repaired to its pre-loss condition by an insurance company and is not accepted by the owner of said vehicle immediately prior to its acquisition by said insurance company as part of the claims process. See Virginia Code 46.2-1600
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted common carrier: means any person who undertakes, whether directly or by a lease or other arrangement, to transport passengers for compensation, whereby such transportation service has been restricted. See Virginia Code 46.2-2000
• restricted common carrier by aircraft: means any person who undertakes, whether directly or by lease or other arrangement, to transport passengers or property of any restricted class or classes by aircraft for compensation whether over regular or irregular routes. See Virginia Code 5.1-89
• Retail installment sale: means every sale of one or more motor vehicles to a buyer for his use and not for resale, in which the price of the vehicle is payable in one or more installments and in which the seller has either retained title to the goods or has taken or retained a security interest in the goods under form of contract designated either as a security agreement, conditional sale, bailment lease, chattel mortgage, or otherwise. See Virginia Code 46.2-1500
• retail sale: means the act or attempted act of selling, bartering, exchanging, or otherwise disposing of a motor vehicle to a buyer for his personal use and not for resale. See Virginia Code 46.2-1500
• revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
• Route: when used in connection with or with respect to a certificate of public convenience and necessity, means the road or highway, or segment thereof, operated over by the holder of a certificate of public convenience and necessity or proposed to be operated over by an applicant therefor, whether such road or highway is designated by one or more highway numbers. See Virginia Code 46.2-2000
• salesperson: means (i) any person who is hired as an employee by a motor vehicle dealer to sell or exchange motor vehicles and who receives or expects to receive a commission, fee, or any other consideration from the dealer; (ii) any person who supervises salespersons employed by a motor vehicle dealer, whether compensated by salary or by commission; (iii) any person, compensated by salary or commission by a motor vehicle dealer, who negotiates with or induces a customer to enter into a security agreement on behalf of a dealer; or (iv) any person who is licensed as a motor vehicle dealer and who sells or exchanges motor vehicles. See Virginia Code 46.2-1500
• Salvage certificate: means a document of ownership issued by the Department for any salvage vehicle upon surrender or cancellation of the vehicle's title and registration. See Virginia Code 46.2-1600
• Salvage dealer: means any person who acquires any vehicle for the purpose of reselling any parts thereof or who acquires and sells any salvage vehicle as a unit except as permitted by subdivision B 2 of § Virginia Code 46.2-1600
• Salvage pool: means any person providing a storage service for salvage vehicles or nonrepairable vehicles who either displays the vehicles for resale or solicits bids for the sale of salvage vehicles or nonrepairable vehicles, but this definition shall not apply to an insurance company that stores and displays fewer than 100 salvage vehicles and nonrepairable vehicles in one location; however, any two or more insurance companies who display salvage and nonrepairable vehicles for resale, using the same facilities, shall be considered a salvage pool. See Virginia Code 46.2-1600
• Salvage vehicle: means (i) any late model vehicle that has been (a) acquired by an insurance company as a part of the claims process other than a stolen vehicle or (b) damaged as a result of collision, fire, flood, accident, trespass, or any other occurrence to such an extent that its estimated cost of repair, excluding charges for towing, storage, and temporary replacement/rental vehicle or payment for diminished value compensation, would exceed its actual cash value less its current salvage value; (ii) any recovered stolen vehicle acquired by an insurance company as a part of the claims process, whose estimated cost of repair exceeds 75 percent of its actual cash value; or (iii) any other vehicle that is determined to be a salvage vehicle by its owner or an insurance company by applying for a salvage certificate for the vehicle, provided that such vehicle is not a nonrepairable vehicle. See Virginia Code 46.2-1600
• school: means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. See Virginia Code 46.2-1700
• School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 46.2-100
• Scrap metal processor: means any person who acquires one or more whole vehicles to process into scrap for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap. See Virginia Code 46.2-1600
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with another motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-1500
• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Service of process: The service of writs or summonses to the appropriate party.
• Shared vehicle: means a motor vehicle that has been made available for sharing through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
• Shared vehicle driver: means an individual who has been authorized to operate a shared vehicle by the shared vehicle owner under a vehicle sharing platform agreement. See Virginia Code 46.2-1408
• Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
• Shelter care: means the temporary care of children in physically unrestricting facilities. See Virginia Code 16.1-228
• Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
• Sight-seeing carrier: means a restricted common carrier authorized to transport passengers under the provisions of this chapter, whereby the primary purpose of the operation is the passengers' experience and enjoyment or the promotion of tourism. See Virginia Code 46.2-2000
• Silvicultural activity: means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Virginia Code 10.1-1181.1
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Somatic cell: means a mature, diploid cell, i. See Virginia Code 32.1-162.21
• Somatic cell nuclear transfer: means transferring the nucleus of a somatic cell of an existing or deceased human into an oocyte from which the chromosomes are removed or rendered inert. See Virginia Code 32.1-162.21
• Special or charter party carrier by boat: means a restricted common carrier which transports groups of persons under a single contract made with one person for an agreed charge for such movement regardless of the number of persons transported. See Virginia Code 46.2-2000
• Special order: means a special order or emergency special order issued under subsection B or C of § Virginia Code 10.1-1181.1
• State Board: means the State Board of Juvenile Justice. See Virginia Code 16.1-228
• state forest: means lands acquired for the Commonwealth by purchase, gift or lease pursuant to this section. See Virginia Code 10.1-1107
• State-owned lands: means forest land owned or managed by the various departments, agencies and institutions of the Commonwealth and designated by the Department in cooperation with the Division of Engineering and Buildings of the Department of General Services as being of sufficient size and value to benefit from a forest management plan. See Virginia Code 10.1-1121
• Status offender: means a child who commits an act prohibited by law which would not be criminal if committed by an adult. See Virginia Code 16.1-228
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• System: means the Virginia Patient Level Data System. See Virginia Code 32.1-276.3
• Tare weight: means the weight of a truck before being loaded at a shipper's residence or place of business, including the pads, dollies, hand-trucks, ramps and other equipment normally used in the transportation of household goods shipments. See Virginia Code 46.2-2100
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theory instruction: means knowledge instruction on the operation of a commercial motor vehicle and related matters provided by a licensed theory instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means. See Virginia Code 46.2-1700
• Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
• TNC broker: means any person who (i) is not a transportation network company or TNC partner and (ii) is not a bona fide employee or agent of a transportation network company or TNC partner, and who contracts or enters into an agreement or arrangement, with a transportation network company and who, in accordance with such contract, agreement or arrangement, arranges any transportation subject to Article 15 (§ Virginia Code 46.2-2000
• TNC broker insurance: means a motor vehicle liability insurance policy that specifically covers liabilities arising while the TNC partner is en route to a passenger pursuant to arrangements made by a TNC broker. See Virginia Code 46.2-2000
• TNC insurance: means a motor vehicle liability insurance policy that specifically covers liabilities arising from a TNC partner's operation of a TNC partner vehicle. See Virginia Code 46.2-2000
• TNC partner: means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth. See Virginia Code 46.2-2000
• TNC partner vehicle: means a personal vehicle authorized by a transportation network company and used by a TNC partner to provide prearranged rides on an intrastate basis in the Commonwealth. See Virginia Code 46.2-2000
• 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
• Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-1500
• Trade dress: means a logo, insignia, or emblem attached to or visible from the exterior of a TNC partner vehicle that identifies a transportation network company or digital platform with which the TNC partner vehicle is affiliated. See Virginia Code 46.2-2000
• Traffic infraction: means a violation of law punishable as provided in § Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by another motor vehicle, including semitrailers but not manufactured homes, watercraft trailers, camping trailers, or travel trailers. See Virginia Code 46.2-1500
• Training provider: means the same as defined in § Virginia Code 46.2-1700
• transportation: include the service of, and all transportation by, all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or contract, expressed or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or the performance of any service in connection therewith. See Virginia Code 46.2-2000
• transportation: includes the services of, and all transportation by, all vehicles operated by, for, or in the interest of any motor carrier, irrespective of ownership or contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of property or in the performance of any service in connection therewith. See Virginia Code 46.2-2100
• Transportation network company: means a person who provides prearranged rides using a digital platform that connects passengers with TNC partners. See Virginia Code 46.2-2000
• Treatment: means any planned intervention intended to improve a minor's functioning in those areas which show impairment as a result of mental illness. See Virginia Code 16.1-336
• Tree: means any tree of a currently commercially valuable species which is six inches or more in diameter. See Virginia Code 10.1-1162
• Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
• Trustee: A person or institution holding and administering property in trust.
• Used motor vehicle: means any vehicle other than a new motor vehicle as defined in this section. See Virginia Code 46.2-1500
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Vehicle removal operator: means any person who acquires a vehicle for the purpose of reselling it to a demolisher, scrap metal processor, or salvage dealer. See Virginia Code 46.2-1600
• Vehicle sharing delivery period: means the period of time beginning when the agent of a peer-to-peer vehicle sharing platform takes custody of the shared vehicle and ending when the shared vehicle arrives at the location agreed upon in the governing vehicle sharing platform agreement. See Virginia Code 46.2-1408
• Vehicle sharing period: means the period of time that commences with the vehicle sharing delivery period or, if there is no vehicle sharing delivery period, that commences when the vehicle sharing start time occurs and ends at the vehicle sharing termination time. See Virginia Code 46.2-1408
• Vehicle sharing platform agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
• Vehicle sharing start time: means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the sharing of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer vehicle sharing platform. See Virginia Code 46.2-1408
• Vehicle sharing termination time: means the earliest of the following events:

  1. See Virginia Code 46.2-1408

• Venue: The geographical location in which a case is tried.
• Violent juvenile felony: means any of the delinquent acts enumerated in subsection B or C of § Virginia Code 16.1-228
• Watercraft trailer: means any new or used trailer specifically designed to carry a watercraft or a motorboat and purchased, sold, or offered for sale by a watercraft dealer licensed under Chapter 8 of Title 29. See Virginia Code 46.2-1500
• wholesale: means a sale to motor vehicle dealers or wholesalers other than to consumers; a sale to one who intends to resell. See Virginia Code 46.2-1500
• Wholesale auction: means an auction of motor vehicles restricted to sales at wholesale. See Virginia Code 46.2-1500