Any nonresident owner or operator of any aircraft that is operated over and above the land and waters of the Commonwealth or uses aviation facilities within the Commonwealth, shall by such operation and use appoint the Secretary of the Commonwealth as his statutory agent for the service of process in any action against him growing out of any accident or collision occurring within or above the Commonwealth in which such aircraft is involved.
§ 8.01-309.Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-309 provides that a nonresident aircraft owner or operator who flies over Virginia or uses its aviation facilities is deemed to appoint the Secretary of the Commonwealth as statutory agent for service of process in any action arising from an accident or collision within or above Virginia involving that aircraft.
Full Text of § 8.01-309
Plain-English Summary
Section 8.01-309 mirrors the motor vehicle statute for aircraft. Any nonresident owner or operator of an aircraft that is operated over and above Virginia's land and waters, or that uses aviation facilities within Virginia, is deemed by that operation and use to have appointed the Secretary of the Commonwealth as statutory agent for service of process.
That deemed appointment reaches any action against the owner or operator growing out of an accident or collision occurring within or above Virginia in which the aircraft was involved. Unlike the motor vehicle statute, which uses the DMV Commissioner, this section routes service through the Secretary of the Commonwealth, reflecting that aircraft are not licensed through the Department of Motor Vehicles.
Frequently Asked Questions
Who is deemed the statutory agent for a nonresident aircraft owner in an aviation accident case?
The Secretary of the Commonwealth.
What triggers this deemed appointment?
Operating an aircraft over and above Virginia's land and waters, or using aviation facilities within Virginia.
What kind of accidents does this section cover?
Accidents or collisions occurring within or above the Commonwealth in which the aircraft was involved.
Does the aircraft need to land in Virginia for this section to apply?
No. The section covers operation over and above Virginia's land and waters, as well as use of Virginia aviation facilities, not just landing here.
Is this section parallel to the motor vehicle statute?
Yes. It mirrors § 8.01-308 but applies to aircraft, using the Secretary of the Commonwealth instead of the Commissioner of the Department of Motor Vehicles.
Amendment History
Code 1950, § 8-67.4; 1952, c. 384; 1954, c. 333; 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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