Any operation in the Commonwealth of a motor vehicle by a nonresident, including those nonresidents defined in subdivision 2 of § 8.01-307, either in person or by an agent or employee, shall be deemed equivalent to an appointment by such nonresident of the Commissioner of the Department of Motor Vehicles, and his successors in office, to be the attorney or statutory agent of such nonresident for the purpose of service of process in any action against him growing out of any accident or collision in which such nonresident, his agent, or his employee may be involved while operating motor vehicles in this Commonwealth. Acceptance by a nonresident of the rights and privileges conferred by Article 5 (§ 46.2-655 et seq.) of Chapter 6 of Title 46.2 shall have the same effect under this section as the operation of such motor vehicle, by such nonresident, his agent, or his employee.
§ 8.01-308.Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-308 provides that a nonresident's operation of a motor vehicle in Virginia, in person or through an agent or employee, is deemed an appointment of the Commissioner of the Department of Motor Vehicles as statutory agent for service of process in any action arising from an accident or collision involving that operation.
Full Text of § 8.01-308
Plain-English Summary
Section 8.01-308 is Virginia's core nonresident-motorist statute. It treats the act of driving in Virginia as an implied consent to being sued here over accidents that driving causes. Any operation of a motor vehicle in the Commonwealth by a nonresident, whether personally or through an agent or employee, is deemed equivalent to appointing the Commissioner of the Department of Motor Vehicles, and his successors in office, as the nonresident's statutory agent for service of process.
That deemed appointment covers any action against the nonresident growing out of an accident or collision in which he, his agent, or his employee was involved while operating a motor vehicle in Virginia. The section also reaches nonresidents who accept the reciprocal driving privileges described in Article 5 of Chapter 6, Title 46.2 — accepting those privileges has the same effect as operating a vehicle here.
Frequently Asked Questions
How does a nonresident driver "appoint" a Virginia agent for service of process?
By operating a motor vehicle in Virginia, in person or through an agent or employee — that operation is deemed equivalent to appointing the Commissioner of the Department of Motor Vehicles as statutory agent.
Who becomes the nonresident's statutory agent under this section?
The Commissioner of the Department of Motor Vehicles, and his successors in office.
What kind of actions does this section cover?
Actions growing out of an accident or collision in Virginia in which the nonresident, his agent, or his employee was involved while operating a motor vehicle here.
Does accepting driving privileges under a reciprocity arrangement count too?
Yes. Accepting the rights and privileges under Article 5 of Chapter 6, Title 46.2, has the same effect under this section as operating the motor vehicle.
Does the nonresident need to personally drive for this section to apply?
No. It also covers operation of the vehicle by the nonresident's agent or employee.
Amendment History
Code 1950, § 8-67.1; 1950, p. 620; 1952, c. 681; 1956, c. 64; 1966, c. 518; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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