§ 3551. Enactment of compact
The Nonresident Violator Compact, hereinafter called “the compact,” is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in
the form substantially as follows. (Added 1985, No. 84, § 1.)
§ 3552. Declaration of policy and purpose—Article I
(a) It is the policy of the party jurisdictions to:
(1) seek compliance with the laws, ordinances, and administrative rules and regulations
relating to the operation of motor vehicles in each of the jurisdictions;
(2) allow motorists to accept a traffic citation for certain violations and proceed on
their way without delay whether or not the motorist is a resident of the jurisdiction
in which the citation was issued;
(3) extend cooperation to its fullest extent among the jurisdictions for obtaining compliance
with the terms of a traffic citation issued in one jurisdiction to a resident of another
jurisdiction;
(4) maximize effective utilization of law enforcement personnel and assist court systems
in the efficient disposition of traffic violations.
(b) The purpose of this compact is to:
(1) provide a means through which the party jurisdictions may participate in a reciprocal
program to effectuate the policies enumerated in paragraph (a) above in a uniform
and orderly manner;
(2) provide for the fair and impartial treatment of traffic violators operating within
party jurisdictions in recognition of the motorist’s right of due process and the
sovereign status of a party jurisdiction. (Added 1985, No. 84, § 1.)
§ 3553. Definitions—Article II
(a) In the Nonresident Violator Compact, the following words have the meaning indicated,
unless the context requires otherwise.
(b)(1) “Citation” means any summons, ticket, or other official document issued by a police
officer for a traffic violation containing an order which requires the motorist to
respond.
(2) “Collateral” means any cash or other security deposited to secure an appearance for
trial, following the issuance by a police officer of a citation for a traffic violation.
(3) “Compliance” means the act of answering a citation, summons, or subpoena through appearance
at court, a tribunal, and/or payment of fines and costs.
(4) “Court” means a court of law or traffic tribunal.
(5) “Driver’s license” means any license or privilege to operate a motor vehicle issued
under the laws of the home jurisdiction.
(6) “Home jurisdiction” means the jurisdiction that issued the driver’s license of the
traffic violator.
(7) “Issuing jurisdiction” means the jurisdiction in which the traffic citation was issued
to the motorist.
(8) “Jurisdiction” means a state, territory, or possession of the United States, the District
of Columbia, or Commonwealth of Puerto Rico.
(9) “Motorist” means a driver of a motor vehicle operating in a party jurisdiction other
than the home jurisdiction.
(10) “Personal recognizance” means an agreement by a motorist made at the time of issuance
of the traffic citation that he or she will comply with the terms of that traffic
citation.
(11) “Police officer” means any individual authorized by the party jurisdiction to issue
a citation for a traffic violation.
(12) “Terms of the citation” means those options expressly stated upon the citation. (Added 1985, No. 84, § 1.)
§ 3554. Procedure for issuing jurisdiction—Article III
(a) When issuing a citation for a traffic violation, a police officer shall issue the
citation to a motorist who possesses a driver’s license issued by a party jurisdiction
and shall not, subject to the exceptions noted in paragraph (b) of this article, require
the motorist to post collateral to secure appearance, if the officer receives the
motorist’s personal recognizance that he or she will comply with the terms of the
citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance
is required, it should take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate
official shall report the failure to comply to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the issuing jurisdiction and shall contain information
as specified in the Compact Manual as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall
transmit to the licensing authority in the home jurisdiction of the motorist, the
information in a form and content as contained in the Compact Manual.
(e) The licensing authority of the issuing jurisdiction need not suspend the privilege
of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not transmit a report on
any violation if the date of transmission is more than six months after the date on
which the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction shall not transmit a report on
any violation where the date of issuance of the citation predates the most recent
of the effective dates of entry for the two jurisdictions affected. (Added 1985, No. 84, § 1.)
§ 3555. Procedure for home jurisdiction—Article IV
(a) Upon receipt of a report of a failure to comply from the licensing authority of the
issuing jurisdiction, the licensing authority of the home jurisdiction shall notify
the motorist and initiate a suspension action, in accordance with the home jurisdiction’s
procedures, to suspend the motorist’s driver’s license until satisfactory evidence
of compliance with the terms of the traffic citation has been furnished to the home
jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a record of actions
taken and make reports to issuing jurisdictions as provided in the Compact Manual. (Added 1985, No. 84, § 1.)
§ 3556. Applicability of other laws—Article V
Except as expressly required by provisions of this compact, nothing contained herein
shall be construed to affect the right of any party jurisdiction to apply any of its
other laws relating to license to drive to any person or circumstance, or to invalidate
or prevent any driver license agreement or other cooperative arrangements between
a party jurisdiction and a nonparty jurisdiction. (Added 1985, No. 84, § 1.)
§ 3557. Compact administrator procedures—Article VI
(a) For the purpose of administering the provisions of this compact and to serve as a
governing body for the resolution of all matters relating to the operation of this
compact, a Board of Compact Administrators is established. The Board shall be composed
of one representative from each party jurisdiction to be known as the compact administrator.
The compact administrator shall be appointed by the jurisdiction executive and will
serve and be subject to removal in accordance with the laws of the jurisdiction he
or she represents. A compact administrator may provide for the discharge of his or
her duties and the performance of his or her functions as a board member by an alternate.
An alternate may not be entitled to serve unless written notification of his or her
identity has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled to one vote.
No action of the Board shall be binding unless taken at a meeting at which a majority
of the total number of votes on the Board are cast in favor. Action by the Board
shall be only at a meeting at which a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a chairman and vice chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions of this compact
or the laws of a party jurisdiction, for the conduct of its business and shall have
the power to amend and rescind its bylaws.
(e) The Board may accept for any of its purposes and functions under this compact any
and all donations, and grants of money, equipment, supplies, materials, and services,
conditional or otherwise, from any jurisdiction, the United States, or any other governmental
agency, and may receive, utilize, and dispose of the same.
(f) The Board may contract with, or accept services or personnel from any governmental
or intergovernmental agency, person, firm, or corporation, or any private nonprofit
organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform forms and documents
for administering the provisions of this compact. All procedures and forms adopted
pursuant to board action shall be contained in the Compact Manual. (Added 1985, No. 84, § 1.)
§ 3558. Entry into compact and withdrawal—Article VII
(a) This compact shall become effective when it has been adopted by at least two jurisdictions.
(b)(1) Entry into the compact shall be made by a Resolution of Ratification executed by the
authorized officials of the applying jurisdiction and submitted to the Chairman of
the Board.
(2) The resolution shall be in a form and content as provided in the Compact Manual and
shall include statements that in substance are as follows:
(A) a citation of the authority by which the jurisdiction is empowered to become a party
to this compact;
(B) agreement to comply with the terms and provisions of the compact;
(C) that compact entry is with all jurisdictions then party to the compact and with any
jurisdiction that legally becomes a party to the compact.
(3) The effective date of entry shall be specified by the applying jurisdiction, but it
shall not be less than 60 days after notice has been given by the Chairman of the
Board of Compact Administrators or by the secretariat of the Board to each party jurisdiction
that the resolution from the applying jurisdiction has been received.
(c) A party jurisdiction may withdraw from this compact by official written notice to
the other party jurisdictions, but a withdrawal shall not take effect until 90 days
after notice of withdrawal is given. The notice shall be directed to the compact
administrator of each member jurisdiction. No withdrawal shall affect the validity
of this compact as to the remaining party jurisdictions. (Added 1985, No. 84, § 1.)
§ 3559. Exceptions—Article VIII
The provisions of this compact shall not apply to parking or standing violations,
highway weight limit violations, and violations of law governing the transportation
of hazardous materials. (Added 1985, No. 84, § 1.)
§ 3560. Amendments to the compact—Article IX
(a) This compact may be amended from time to time. Amendments shall be presented in resolution
form to the Chairman of the Board of Compact Administrators and may be initiated by
one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and
shall become effective 30 days after the date of the last endorsement.
(c) Endorsement of an amendment shall only be by act of the General Assembly. (Added 1985, No. 84, § 1.)
§ 3561. Construction and severability—Article X
This compact shall be liberally construed so as to effectuate the purposes stated
herein. The provisions of this compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be contrary to the Constitution
of any party jurisdiction or of the United States or the applicability thereof to
any government agency, person, or circumstance, the compact shall not be affected
thereby. If this compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the compact shall remain in full force and effect as to the remaining
jurisdictions and in full force and effect as to the jurisdiction affected as to all
severable matters. (Added 1985, No. 84, § 1.)
§ 3562. Title—Article XI
This compact shall be known as the Nonresident Violator Compact of 1977, as amended. (Added 1985, No. 84, § 1.)