A. Notwithstanding the provisions of § 46.2-460 the Commissioner shall not release the proof in the event:
1. Any action for damages upon a liability included in this chapter is then pending;
2. Any judgment on any liability is then outstanding and unsatisfied; or
3. The Commissioner has received notice that the person involved has within the period of twelve months immediately preceding been involved as a driver in any motor vehicle accident.
B. An affidavit of the applicant of the nonexistence of these facts shall be sufficient evidence thereof in the absence of evidence in the records of the Department tending to indicate the contrary.