To: Persons charged with Altering Vehicle Suspension, Donald Caldwell, Commonwealth's Attorney, R.S. Fuller, Roanoke City Police Department.

From: Judge Raney

Date: December 1, 2004

In Re: Virginia Code Section 46.2-1063

I am advised by a representative of the Department of Motor Vehicles that pick-up trucks are registered as passenger vehicles unless they have a gross weight of 7,501 pounds or greater. If the provisions of Virginia Code Section 46.2-1063 are to be read as consistent with the policy of the Division of Motor Vehicles, then the reference to the bumper height of trucks with a gross weight of 7,500 pounds or less must be without regard to its being registered as a truck or passenger vehicle. Therefore, I am dismissing each of the cases I have held under advisement in which the vehicle has a gross weight of between 4,500 pounds and 7,500 pounds and has a rear bumber height of no more than 30 inches.

With respect to those persons charged with a violation whose bumper height exceeded 30 inches, I am dismissing those cases with the understanding that your vehicle must be properly registered with a gorss weight of 7,501 pounds or greater and the rear bumper height can be no greater than 31 inches.

These cases are being dismissed because the law is inconsistent with DMV policy and DMV policy apparently permits the owner to designate the gross weight of a vehicle. I recognize, however, that bumper heights that exceed that of passenger cars present a serious issue in the future, I will impose fins for voilations when the bumper height exceeds what is premitted based on the gross weight of the vehicles.