§ 8.01-307.Definition of terms "motor vehicle" and "nonresident" in motor vehicle and aircraft accident cases.

Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-307 defines "motor vehicle" broadly to include any self-propelled or towed device used to carry people or property on a highway, and defines "nonresident" to include a former Virginia resident who has been continuously outside the Commonwealth for at least sixty days, for purposes of the nonresident-motorist service statutes in §§ 8.01-308 through 8.01-313.

Full Text of § 8.01-307

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For the purpose of §§ 8.01-308 through 8.01-313:

1. The term "motor vehicle" shall mean every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, upon, or by which any person or property is or can be transported or drawn upon a highway, except devices moved by human or animal power and devices used exclusively upon stationary rails or tracks.

2. The term "nonresident" includes any person who, though a resident of the Commonwealth when the accident or collision specified in § 8.01-308 or § 8.01-309 occurred, has been continuously outside the Commonwealth for at least sixty days next preceding the date when process is left with the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth and includes any person against whom an order of publication may be issued under the provisions of § 8.01-316.

Plain-English Summary

Virginia's nonresident-motorist statutes depend on two terms doing a lot of work, so Section 8.01-307 defines them up front for purposes of §§ 8.01-308 through 8.01-313. "Motor vehicle" reaches beyond cars and trucks to cover every self-propelled vehicle or vehicle designed for self-propulsion, plus every vehicle drawn by or designed to be drawn by one, and any device that transports or draws people or property on a highway — excluding devices moved by human or animal power and devices confined to stationary rails or tracks.

"Nonresident" is defined with an eye toward defendants who try to dodge service by leaving the state after an accident. It includes anyone who, though a Virginia resident when the accident or collision occurred, has been continuously outside the Commonwealth for at least sixty days before process is left with the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth. It also folds in anyone against whom an order of publication may issue under § 8.01-316.

Frequently Asked Questions

What counts as a "motor vehicle" under these sections?

Any self-propelled vehicle or one designed for self-propulsion, any vehicle drawn by or designed to be drawn by a motor vehicle, and any device that transports or draws people or property on a highway, excluding human- or animal-powered devices and devices confined to rails or tracks.

Can a Virginia resident be treated as a "nonresident" under this definition?

Yes, if that person has been continuously outside Virginia for at least sixty days before process is left with the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth.

Which sections does this definition apply to?

Sections 8.01-308 through 8.01-313.

Does the definition of "nonresident" include people subject to an order of publication?

Yes. It includes any person against whom an order of publication may be issued under § 8.01-316.

Why does the sixty-day rule matter?

It lets the nonresident-motorist statutes reach someone who lived in Virginia at the time of the accident but has since been continuously absent from the state for an extended period.

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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