Title of Regulation: 19VAC30-40. Standards and Specifications for the Stickers or Decals Used by Cities, Counties and Towns in Lieu of License Plates (amending 19VAC30-40-30).

Statutory Authority: § 46.2-1052 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 12, 2018.

Effective Date: January 1, 2019.

Agency Contact: Kirk Marlowe, Regulatory Coordinator, Bureau of Administrative and Support Services, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2936, or email kirk.marlowe@vsp.virginia.gov.

Basis: Section 46.2-1052 of the Code of Virginia authorizes the Superintendent of State Police to promulgate regulations stipulating size and location of stickers or decals.

Purpose: In 2017, the regulations relating to the placement of the Virginia motor vehicle inspection sticker were amended to shift the placement of that sticker from the lower center to the lower left-hand corner of the windshield when viewed from inside the vehicle. That amendment impacts the optional placement of the sticker and requires this regulation to be amended to reflect the new proper positioning for the county, city, or town sticker. The change is necessary to allow for the lawful placement of the county sticker so that it does not interfere with the operator's vision and will not obstruct the proper placement of the inspection sticker. Improper placement of stickers on the windshield would interfere with the operator's vision and endanger the public by limiting the operator's ability to observe pedestrians, hazards, and other traffic.

Rationale for Using Fast-Track Rulemaking Process: The amendment is intended to ensure that the placement of the county, city, or town sticker does not interfere with the placement of the Virginia inspection sticker and to ensure that any placement does not illegally interfere with the vehicle operator's clear field of vision. The change in placement provides two options and does not add or remove any requirement for such sticker.

Substance: 19VAC30-40-30 is amended to allow the owner of the vehicle an option to place a county, city, or town sticker or decal either next to the Virginia motor vehicle inspection sticker in the lower driver's side corner of the windshield or behind the rear view mirror. The current regulation allows a placement that may interfere with proper display of the inspection sticker.

Issues: The amendment ensures that the placement of the county, city, or town sticker does not interfere with the placement of the mandatory Virginia inspection sticker and prohibits placements that would impair the driver's field of vision. There are no advantages or disadvantages to the public, Commonwealth, or agency in the placement of the sticker other than the improper placement may limit the operator's visibility thereby endangering the public.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of State Police (DSP) proposes to amend the text concerning where owners of vehicles in localities where stickers or decals are used in lieu of license plates may place the sticker or decal on their vehicle. The proposed change is in response to a change to the Motor Vehicle Safety Inspection Regulations (19VAC30-70) that produced a conflict.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current Standards and Specifications for the Stickers or Decals Used By Cities, Counties and Towns in Lieu of License Plates (19VAC30-40) states that the sticker or decal shall be placed at the bottom of the windshield adjacent to the right side of the official inspection sticker when viewed through the windshield from inside the vehicle, or may be affixed at the lower left corner of the windshield.

Through an exempt action¹ that became effective on January 26, 2018, DSP amended the Motor Vehicle Safety Inspection Regulations (19VAC30-70) to shift the required placement of the Virginia motor vehicle inspection sticker from the lower center to the lower left hand corner of the windshield, when viewed from inside the vehicle. That amendment affects the optional placement of the sticker or decal used by counties, cities, and towns in lieu of license plates.

Thus, DSP proposes to amend Standards and Specifications for the Stickers or Decals Used By Cities, Counties and Towns in Lieu of License Plates (19VAC30-40) to reflect a new positioning for the county of city sticker that does not conflict with the Commonwealth's inspection sticker. That location is "the blind spot behind the rear view mirror." The proposed amendment produces a net benefit since it eliminates a conflict with another regulation, and does not produce a cost.

Businesses and Entities Affected. The proposed amendment affects owners of vehicles in the counties and cities that require a county or city sticker or decal.

Localities Particularly Affected. The Counties of Amelia, Buckingham, Caroline, Fairfax, Grayson, Pulaski, Rockbridge, Tazewell, and Warren, and the Cities of Buena Vista, Colonial Heights, Falls Church, and Petersburg, all require stickers or decals. Thus, these localities are particularly affected.

Projected Impact on Employment. The proposed amendment would not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment would not significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendment would not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment would not affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment would not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendment would not adversely affect businesses.

Localities. The proposed amendment would not adversely affect localities.

Other Entities. The proposed amendment would not adversely affect other entities.

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¹See http://townhall.virginia.gov/L/ViewAction.cfm?actionid=4947

Agency's Response to Economic Impact Analysis: The agency has reviewed and concurs with the economic impact analysis prepared and submitted by the Department of Planning and Budget.

Summary:

The amendment specifies the size and location of stickers placed on the windshields of motor vehicles in the cases where a sticker is required by a county, city, or town. A required sticker may be placed either behind the rear view mirror or adjacent to the Virginia motor vehicle inspection sticker located in driver's side lower corner of the windshield.

19VAC30-40-30. Placement.

The sticker or decal shall be placed at the bottom of the windshield adjacent to the right side of the official inspection sticker when viewed through the windshield from inside the vehicle. The side edge adjacent to the official inspection sticker shall not be more than 1/4 inch from the edge of the official inspection sticker. At the option of the motor vehicle's owner, the sticker or decal, provided it measures not more than two and one-half inches in width and four inches in length, may be affixed at the lower left corner of the windshield so that the inside or left edge of the sticker or decal is within one inch of the extreme left edge of the windshield when looking through the windshield from inside the vehicle. When placed at this location, the bottom edge of the sticker or decal must be affixed within three inches of the bottom of the windshield placed in the blind spot behind the rear view mirror.